Evathomasz.com Legals
Site Usage Agreement
By using this site and/or downloading any material, you agree to be bound by this Agreement. This Agreement applies to you and, if you are using this web site on your client's behalf, to you and all your clients. We reserve the right to change this Agreement at any time without further notice. Your use of the site will be subject to the most current version posted on the site at the time of your use. By using this site or downloading, uploading or using any images listed under the evathomasz.com domain you agree to be bound by this Agreement. Should you disagree with anything stated here please discontinue your use of the site.
Use of this site
This site is owned and operated by evathomasz.com. All images and related informational materials in any medium provided by evathomasz.com hereunder, including related text, captions, or information (collectively referred to as Images) are owned by evathomasz.com and by our image providers (photographers), members of our community.
Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Evathomasz.com makes reasonable efforts to comply with and solve all issues regarding potential copyrights and trademarks available on the Dutch and international market. While the responsibility for the images and text uploaded is entirely on the photographer's or auditor's side, he/she being the one who holds all copyrights over the content submitted, we do our best to identify and solve any copyright or trademark infringements. If you have found a file that represents such an infringement please notify us, so that we may take the appropriate measures.
Use of Images
Images include without limitation all digital images and any related textual information (including captions and credits). Images include visibly or electronically and reduced resolution Images. Conditional upon your compliance with this Agreement, evathomasz.com grants you a limited license to download Images solely for evaluating purposes whether you wish to purchase a license to the Non- Image according to the Standard Terms and Conditions applicable to your use. You may not use an Image in any final materials distributed or any materials distributed to the public or in any online or other electronic distribution system. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Image. Except for this limited, internal testing and sample use, evathomasz.com grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any Image. None of our images may be resold, duplicated or redistributed by any means, or made available for redistribution or resale by a third party without evathomasz.com's separate written consent.
Unauthorized Use
Without limitation, Images may not be used as a trademark or service mark, for any pornographic or unlawful purpose, to defame a person, to violate a person's right to privacy or publicity, to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorized use of these Images constitutes copyright infringement and shall entitle evathomasz.com to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Images. The foregoing is not a limiting statement of evathomasz.com's rights or remedies in connection with any unauthorized use.
Credit Line Requirements
All images used within editorial context or related must be accompanied by a visible credit line. You are required to include a copyright notice and author/agency credit next to each image used within editorial purposes. The text or images may only be used after written approval of Eva Thomasz.
Sensitive Subjects
Any license granted by evathomasz.com shall not constitute a representation that an Image is compatible for use with any other material. You are solely responsible for the use of any Image in combination with any other material, and you agree not to use Images with sensitive topics without evathomasz.com's separate written agreement. Such sensitive topics include, but are not limited to: models with mental or physical health issues, social issues, sexual activity, and sexual orientation or related, substance abuse, crime or other subjects that can be considered to be offensive or unflattering to any of the models included in the image. You must contact evathomasz.com for additional information prior to any use of an Image with any sensitive topic.
Evathomasz.com Trademarks
The trademarks, services and logos used and displayed in evathomasz.com are registered and unregistered trademarks of Eva Thomasz its subsidiaries and affiliates. Evathomasz.com trademarks may only be used publicly with the permission of evathomasz.com with proper acknowledgement. Except as expressly granted evathomasz.com does not grant any express or implied rights under any patents, copyrights, trademarks or trade secret information.
Indemnification
You agree to indemnify, defend, and hold harmless evathomasz.com against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use of any Image or text either alone or in combination with any other material, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image, alone or in combination with any other material.
Copyright
By uploading his/her Image or any other material , the Photographer is warranting that he/she owns all proprietary rights, including copyright, in and to the Image or any other material . Evathomasz.com acknowledges that it will provide accurate information at submission date and during the time interval that the file is hosted on evathomasz.com's servers. Evathomasz.com reserves the right to verify the information and to take the appropriate measures in case of spam or inaccurate info.
Notification of copyright infringement
If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on evathomasz.com's site, send evathomasz.com a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the evathomasz.com site; (iv) information sufficient to permit evathomasz.com to contact you, such as your physical address, telephone number, and email address; (v) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (vii) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Disclaimers
EVATHOMASZ.COM PROVIDES YOU WITH ITS SITE AND IMAGES ON AN AS IS BASIS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE SITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-FRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER EVATHOMASZ.COM NOR ANY AFFILIATES OR MEMBERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE IMAGES, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE.