Sam Eye Am Photography

Terms & Conditions

  1. Definitions

In these General Terms & Conditions, the following terms have the meanings referred to:

  • Aw: Copyright Act [Auteurswet] 1912
  • Photographic Work: photographic works as referred to in Article 10, section 1, subsection 9 of the Aw, or other works covered by the Aw that can be equated with said photographic works.
  • Photographer: the user as defined by Book 6, Article 231 of the Dutch Civil Code.
  • Other Party: the other party as defined by Book 6, Article 231 of the Dutch Civil Code.
  • Usage: copying and/or publication as defined by Article 1 in conjunction with Articles 12 and 13 of the Aw.
  1. Application

These General Terms and Conditions apply to all legal relationships between a Photographer and Other Party, including offers, confirmations of commissions, and oral or written agreements, even after the termination of an agreement, unless the parties have explicitly deviated from these Terms and Conditions in writing.

  1. Price

3.1 If the parties have not agreed to a price, the Photographer will fix the price in a reasonable and fair way, bearing in mind the scope and extent of the desired usage of the work by the Other Party.

3.2 Necessary costs and/or additional work must be paid by the Other Party.

  1. Invoice and payment

4.1 Payment will be made within 31 days of the date of the invoice.

4.2 If the Photographer has not received the amount due within the period specified in 4.1, the Other Party will be in breach and therefore liable for interest at the statutory rate plus 2%.

4.3 If the Other Party is in breach of any of its obligations under the agreement, including any infringement of copyright, it will be liable for all judicial and extra-judicial costs incurred by the Photographer when acquiring payment.

4.4 All use of the Photographic Work, in any shape or form, is prohibited until the Other Party has paid any of the Photographer’s invoices which might be outstanding.

  1. Complaints

Complaints regarding the Photographic Work supplied must be reported to the Photographer in writing/by e-mail as soon as possible, within a maximum of ten working days of its delivery. The Photographer has the right to substitute the rejected work with good work within a reasonable period unless this would cause disproportionate damage to the Other Party.

  1. Commission

6.1 The photographer is entitled to carry out work which is not explicitly described in a commission contract at its own technical and creative discretion.

6.2 Changes to the commission by the Other Party for whatever reason are for the account of the Other Party and will only be implemented by the Photographer after a separate offer for the additional costs has been signed as approved by the Other Party and returned to the Photographer.

6.3 In the event of cancellation of a commission contract by the Other Party, at any point in time and for whatever reason, the Photographer will be entitled to the agreed payment on the following terms:

  • Plus 30 days before the job takes place 30%
  • Within 30 days before the job takes place 40%
  • Within 14 days before the job takes place 60%
  • Within 7 days before the job takes place 80%
  • Within 72 hours before the job takes place 90%
  1. Copyright

The copyright of the Photographic Works is owned by the Photographer.

  1. Licence

8.1 Permission to use a Photographic Work by the Other Party will be granted exclusively in writing/by e-mail in the form of a licence, of which nature and scope are described by the Photographer in the offer and/or the confirmation of the commission and/or the relevant invoice.

8.2 If the scope of the licence is not specified, it will never extend beyond the right to one single use, in the original form and for a purpose, circulation, and method as intended by the parties at the time they enter into the agreement, in accordance with the Photographer’s interpretation.

8.3 Exclusive use must always be agreed explicitly in writing and is not covered by the right to use referred to in Article 8.2.

8.4 The Other Party is not permitted to transfer the right to use described in this article to third parties unless the Photographer has granted written permission in advance.

8.5 Unless otherwise agreed, the Other Party is not entitled to grant sub-licenses to third parties.

  1. Infringement of copyright

9.1 Any unauthorized use of a Photographic Work is deemed to be an infringement of the Photographer’s copyright.

9.2 Any infringement entitles the Photographer to claim compensation of at least three times the license fee usually charged by the Photographer for such type of use, without losing any right to claim compensation for other damage (including the right to compensation for all direct and indirect damage and all judicial and extra-judicial costs actually incurred).

  1. Reference to name and Personality Rights

10.1 The name of the Photographer must be clearly credited alongside the Photographic Work used, or included elsewhere in the publication with reference to the Photographic Work.

10.2 In the event of the copying or publication of a Photographic Work, the Other Party will, at all times, observe the Photographer’s personality rights in accordance with Article 25, section 1, subsection c and d of the Aw.

10.3 In the event of any infringement of the Photographer’s personality rights ex Article 25 of the Copyright Act, including the right to be named, the Other Party will owe compensation of at least 100% of the license fee usually charged by the Photographer for such type of use, without losing any right to claim compensation for other damage (including the right to compensation for all direct and indirect damage and all judicial and extra-judicial costs actually incurred).

  1. Liability and rights of third parties

11.1 The Photographer is authorized to enter into this Agreement and grant the aforementioned License.

11.2 The Photographer is not liable vis-à-vis the Other Party for claims by third parties and/or damage resulting from the use and publication of the Work, except in the event of gross negligence or intent on the part of the Photographer.

11.3 The Photographer’s liability is, in any event, limited to the invoice amount or, if and insofar related to insured damage, to the amount of the sum actually paid out by the insurance.

11.4 If third parties give notice of, or submit, a claim vis-à-vis the Photographer and/or Other Party with regard to the Work, the Other Party and the Photographer will determine, on the basis of mutual consultation, whether they are going to submit a defense and how.

  1. Bankruptcy/moratorium

The Photographer and the Other Party are each entitled to terminate the agreement with immediate effect if the Other Party becomes bankrupt or is granted a moratorium. In the event of the bankruptcy of the Other Party, the Photographer will have the right to terminate the license.

  1. Choice of law and forum

13.1 All matters governed by these General Terms and Conditions are subject to Dutch law.

13.2 Any dispute concerning the wording and explanation of these General Terms and Conditions and a legal relationship between the Photographer and the Other Party will be brought before the court with relevant jurisdiction in the Netherlands.

Terms & Conditions for sameyeam.info

Welcome to our website, where you can purchase Lightroom presets, online courses, and other photography-related products. By using our website and making a purchase, you agree to the following Terms & Conditions.

Product Description

We have made every effort to display the products and their colors as accurately as possible. However, please note that the actual colors you see may vary depending on your monitor or device.

Pricing

All prices on our website are in euros and are subject to change without notice.

Payment

We accept the following forms of payment: stripe, PayPal, Apple Pay, Ideal, credit card, and more. Your payment will be processed through a secure payment gateway.

Delivery

Digital products, such as Lightroom presets and online courses, will be available for immediate download after payment is received. No physical product will be shipped.

Refund Policy

We offer a 30-day guarantee on all digital products. If you are not satisfied with your purchase, please contact us at [email protected] or on instagram at https://www.instagram.com/sameyeam.photo within 30 days of purchase for a refund. Refunds will be processed within 5 business days of the request. Please note that digital products cannot be resold or shared.

Intellectual Property

The products may not be sold, shared, or used for commercial purposes without our express written consent.

Termination

We reserve the right to terminate any agreement with you at any time, with or without cause, and without notice. In the event of termination, we will provide you with a prorated refund of any fees paid for unused services.

Disclaimer

We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event shall we be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use our website or digital products, even if we have been advised of the possibility of such damages.

Indemnification

You agree to indemnify and hold us harmless from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of your use of our website or digital products, including, without limitation, any breach by you of these terms and conditions.

Governing Law and Jurisdiction

These terms and conditions shall be governed by and construed in accordance with the laws of the Netherlands, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising out of or relating to these terms and conditions shall be brought exclusively in the courts of the Netherlands, and you hereby consent to the jurisdiction of such courts.

Changes to Terms and Conditions

We reserve the right to modify these terms and conditions at any time, and without prior notice. Your continued use of our website or digital products after any such modification shall constitute your acceptance of these modified terms and conditions.

 

General:

  • We offer photography services, digital products (e.g., Lightroom presets, online courses), and online communities, including a Telegram group and potentially others in the future.
  • These terms apply to all interactions, purchases, and participation within our platform.
  • We reserve the right to modify these terms at any time. Continued use after modification signifies your acceptance.

Services & Products:

  • We strive to accurately represent our services and products, but variations may occur depending on devices.
  • Prices are in Euros and subject to change without notice.
  • For services, additional costs and necessary expenses are borne by the client.
  • Payment terms for services are specified in the service agreement.
  • Digital products are available for immediate download after purchase.
  • A 30-day money-back guarantee applies to all digital products (contact us for refunds within 30 days).
  • All products are for personal use only and cannot be commercially resold or shared without written consent.

Communities:

  • Joining: Our communities, like the Telegram group, are open to everyone, but we reserve the right to remove disruptive or harmful members.
  • Member conduct: Treat each other with respect and avoid offensive language or harassment. Respect intellectual property rights and community guidelines.
  • Moderation: We actively moderate the communities and remove content violating these terms.
  • Content ownership: You retain ownership of your content, but by posting, you grant us a non-exclusive license to display it within the community.
  • Data privacy: We collect and use personal data responsibly, complying with data privacy laws. For details, please see our Privacy Policy.
  • Liability: We are not responsible for individual member content, opinions, or actions. These are user-generated and beyond our control.

Disclaimer & Indemnification:

  • We provide information and resources but make no warranties about their accuracy, completeness, or suitability. Use them at your own risk.
  • We are not liable for damages arising from your use of our website or services.
  • You indemnify us against claims, damages, and expenses arising from your use of our website or services.

Governing Law & Jurisdiction:

  • These terms are governed by Dutch law.
  • Disputes are settled in the Netherlands courts, and you consent to their jurisdiction.

Additional Notes:

  • We may offer additional terms specific to services or products in their respective agreements.
  • We encourage you to contact us if you have any questions or concerns.

Remember: This is a sample based on the information provided. You should consider consulting with a lawyer to ensure these terms are legally sound and protect you and your community effectively.

Bonus: Include your website address and contact information at the end of the terms.

Further Considerations:

  • Platform limitations: Acknowledge the limitations of your platforms (e.g., character limits, group member caps) and how they might impact communication or content sharing.
  • Privacy settings: Encourage members to adjust their privacy settings within the platforms themselves for their own protection.
  • Group administration: Specify who the group administrators are and what their responsibilities are within the group (e.g., moderation, conflict resolution).
  • External communication: Clarify whether communication outside the group (e.g., private messages, sharing group content) is permitted and within what boundaries.
  • Commercial activity: Define whether commercial activity (e.g., advertising, promoting products) is allowed within the group and under what conditions.
  • Data collection: If you collect any additional data beyond what the platforms already do (e.g., email addresses for future announcements), explain how it’s collected, used, and stored.

I hope this revised version, incorporating the community-specific information and considerations, provides a more comprehensive and effective foundation for your Terms & Conditions.

 

By purchasing our digital products, you agree to the terms and conditions outlined above.

These Terms & Conditions were last updated on [2024-02-06].