Boatstockphotos TERMS OF USE

This site is owned and operated by Medianaut . Your use of this website and any materials available herein identifies that you agree to the following terms of use (hereinafter referred to ‘Terms of Use’). If you do not agree to these terms then you should leave this website immediately (hereinafter referred to as ‘Site’, not use any of the materials available herein, and/or not subscribe to this service.

Copyrighted materials

1. ‘Materials’ on Boatstockphotos shall constitute and be defined as any files, images, animations, photographs, or text available on Boatstockphotos.
2. All materials downloaded from Boatstockphotos are licensed to you by Medianaut. Downloading these materials does not transfer any title from these materials to you, or any intellectual property rights therein to you. 
3. You may under no circumstances redistribute or sell this content at any time, and it is illegal to duplicate, download, or distribute any Materials from Boatstockphotos except for your use, which is subject to the Usage Guidelines.
   
4. The design and layout, as well as all Materials provided on the Site, or of any other website owned, operated, licensed, or controlled by or associated with Boatstockphotos, is protected by the International law and other intellectual property proprietary rights and may not be copied or imitated in whole or in part.

Obligations
Usage of visual materials is subject to legal obligations by the Belgian law (30/06/1994) regarding copyright en the neighboring rights (27/07/01994).

Preliminary permission
The user needs the explicit permission of the author for reproduction prior to the actual reproduction. If permission is not granted by the author, reproduction is not allowed.

Credits
The user needs to credit the author correctly and unambiguously so the material can be linked immediately to the author. Credits must be given in this way: “"© Karel Overlaet - www.medianaut.be. All rights reserved”.

Integrity of the materials
The user cannot modify the material in any way without the explicit written permission of the author.

Intuited personae
As is the case with all licenses on boatstockphotos.com the rights granted are non-transferable and personal to the user.

• Proof copy
  The user shall send free of charge a proof copy to the author within 10 days after print or publication in which the materials were reproduced.
• Responsibility of the user
  The usage of the delivered material is the sole responsibility of the user. He alone is responsable for the necessary licenses needed to reproduce the material and also for the published captions and context in which the material is reproduced.

Claims
When the user does not apply to the terms of use mentioned here above and therefore violated the rights of the author we claim compensations as mentioned below:

1. When materials are published without preliminary permission of the author a claim of 200% of the right to reproduce will be filed with a minimum of € 123.95 per reproduction.
2. When credits are not given as requested a claim of 200% of the right to reproduce will be filed with a minimum of € 123.95 per reproduction.
3. When credits are not given as requested a claim of 300% of the right to reproduce will be filed with a minimum of €247.89 per reproduction.
4. When the integrity of the material is violated a claim of 200% of the right to reproduce will be filed with a minimum of € 123.95 per reproduction.
5. When the user damages or loses the original material a claim of  € 1 239.47 per original material and € 247.89 per duplicate will be filed.

Reproduction rights
The specification of the reproduction rights must be defined as restrictive as possible and end with “All rights reserved”.

Pricing
The cost of the reproduction rights is defined by a criteria as:

• type of license
• type of carrier
• volume of printing run
• size of reproduction
• number of reproduced materials
• number of carriers in the same transaction
• usage in time

1. Royalty free
   Certain rights are granted. The user may use the image multiple times in multiple projects without any extra royalties to be paid. However the copyright is not transferred to the user but remains with the author. This license is non exclusive.
2. Rights managed
   Certain rights are granted. The author grants one customer the permission to reproduce his work and cannot grant any other permission for reproduction to another customer for the use of the material in the same or similar project or use. All rights remain reserved.
3. Exclusive license within rights managed materials
   The price of an exclusive license starts at 300% of the basic right. All rights remain reserved.
4. Selling of all rights
   The price of this license starts at 500% of the basic right. The author claims no more rights.
5. Free downloads
   This is for personal use only and not for publication.
   
   

Examples of carriers

• Press files
• Daily newspapers
• Weekly or monthly magazines
• Periodical publications
• Books)
• Stamps
• Postcards
• Calenders
• Posters, fabrics, envelops
• Packings
• Brochures/leaflets
• Catalogs
• Ads
• Placards
• Commercials
• Audiovisuals
• Television
• Video/DVD
• Cd-rom
• Internet/intranet/digital communication/GPRS/UMTS
• ...

1. EXCEPT AS PROVIDED IN THE END USER LICENSE AGREEMENT, IF ANY, THAT IS ATTACHED TO THE SITE, Boatstockphotos MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR THE RELATED DOCUMENTATION AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW THE SITE IS DELIVERED "AS IS." THE WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY, CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND SUCH WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY MEDIANAUT WITH RESPECT TO THE SITE, CONTENT AND MATERIALS. MEDIANAUT DOES NOT WARRANT THAT THE CONTENT OR FUNCTIONS CONTAINED IN THE SITE WILL BE FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS, DEFECTS, VIRUSES, OR OTHER DAMAGING ELEMENTS, OR THAT MEDIANAUT WILL CORRECT ANY ERRORS, OMISSIONS OR DEFECTS.
2. YOU ASSUME THE COST OF SERVICE, REPAIRS OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE OR OTHER EQUIPMENT. IN NO EVENT WILL MEDIANAUT OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSERS, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR MATERIALS, EVEN IF Boatstockphotos HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIABILITY OF Boatstockphotos OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSERS, SUPPLIERS OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE, OR PURCHASING OR DOWNLOADING PRODUCTS FROM THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

These Terms of Use contain the entire understanding of the parties hereto relating to any use of this Site and supersedes any prior written or oral agreement or understandings between the parties with respect to this Site, and cannot be changed or terminated orally. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision of these Terms of Use. Medianaut reserves the right to modify or terminate these Terms of Use without notice, if, in Medianaut sole discretion, you fail to comply with any term of these Terms of Use. Upon termination, you must destroy all materials obtained from this Site, copies and related documentation thereof. In addition, Medianaut reserves the right to terminate this Site without notice.