Terms and Conditions

Welcome to my website (‘website’). These terms and conditions of use (‘terms’) constitute a legal agreement between you (‘client’) and Çapkin van Alphen/Van Alphen Visuals (‘Van Alphen Visuals’).

Your use of this website constitutes your acceptance of the terms. If you do not agree with the terms, please do not use this website.
Ownership of This Website and Its Contents

This website is owned and operated by Van Alphen Visuals. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, video footage, images, illustrations and software (‘content’), is owned by Van Alphen Visuals, and its content providers. All photographs, images, video footage and illustrations are the property and copyright of Van Alphen Visuals and its contributing photographers.

All elements of the Van Alphen Visuals website, including, but not limited to, the general design and the content, are protected by copyright, moral rights and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Van Alphen Visuals, no portion or element of this website or its content may be copied or retransmitted via any means and this website, its content and all related rights shall remain the exclusive property of Van Alphen Visuals or its licensors.

You shall indemnify Van Alphen Visuals and its licensors against any losses, expenses, costs or damages however incurred by any or all of them as a result of your breach of these terms or your unauthorized use of the content, website and related rights.

Use of the Site

This website and its content are intended for customers and guests of Van Alphen Visuals. You may not use this website and its content for any purpose not related to your business with Van Alphen Visuals. Any use of the content, this website or any of its functionality for a purpose not permitted by these terms is grounds for the immediate revocation of any usernames, passwords or other permissions that may have been granted by Van Alphen Visuals for use of this website.

Copyright

All photographed images and illustrations (‘image[s]’) are the property and copyright of Van Alphen Visuals and its contributing photographers. Images owned by Van Alphen Visuals are protected under National and International Copyright Laws. No images or their parts may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical or otherwise without prior written permission from Van Alphen Visuals. Van Alphen Visuals is assertive in pursuing circumstances where it perceives the copyright of its work has been breached and where it perceives the law has been broken.

Image Licensing

All images requested and purchased through Van Alphen Visuals are offered on an individual license basis and are non-exclusive. The copyright of the image is always retained by Van Alphen Visuals and it’s contributing photographers. The licenses serve to protect the rights of Van Alphen Visuals and it’s contributing photographers. When an image is licensed, there will be standard terms and conditions of use outlined with your specific usage rights. This takes effect once the license has been agreed, with the full Van Alphen Visuals licensing and purchasing terms.

Usage Rights: When images are licensed by Van Alphen Visuals, the usage is specified on the invoice and cannot be used for any other purpose and may not be transferred by you to a third party (including secondary rights) or publication without further agreement by Van Alphen Visuals. The license will state the media use, duration rights and the territories for the usage. Reproduction of an image may only take place once license terms have been agreed and a license granted, and all confirmed in writing. Following Van Alphen Visuals permission to use an image, all images must be destroyed after use or on expiry of the license term and must not be stored beyond this date unless our express permission is given in writing. Any use of images not abiding to these conditions will be considered as a breach of these terms and an infringement of copyright. As a result, we reserve the right to claim any damages that this incurs.

In addition to these terms, the following shall apply to usage rights of all photos, images, video and content purchased, downloaded or donated from Çapkin van Alphen/Van Alphen Visuals unless otherwise stipulated in an accompanying usage license;

A) No Unlawful use. Client or it’s representatives shall not use the photos in any unlawful manner, such as pornography or defamation.
B) No Stand-alone file use. Client will not use the Photos, images, videos or content in any way that allows a standalone file or content file to be downloaded, extracted, or redistributed by others.
C) No Use in Trademark or Logo. Client will not use the Photos in any trademark, design, logo or other mark.
D) No Products for resale. Client will not use the Photos in any goods or products where the Photos are the primary value.
E) No Alterations. Client will not alter the Photos without the prior written permission of Van Alphen Visuals.
F) No Sublicenses. Client will not sublicense the Photos without the prior written permission of Van Alphen Visuals.

Céline Cousteau specific Photos, images, content or video footage usage rights: In Addition to these terms any Photos/images/content or video footage of Céline Cousteau may only be used in an editorial manner to illustrate an article, interview or report that has received the prior consent of Céline Cousteau and VanAlphenVisuals. The parameters limit each purchase to a single story, interview or report with no transfer of photo or repeat usage without proper compensation to Van Alphen Visuals. Any other use is expressly forbidden without prior written permission or licensing from Van Alphen Visuals.

Photos downloaded for personal use: By downloading an image offered for personal use you are agreeing to the terms and Conditions outlined in the Terms and Conditions page. The image that you download is destined for personal use only; the most common example being to print or have printed and framed by a professional printing service of your choice. Reproduction of this image must stay within your immediate family circle. It may however be used as a printed gift to a friend or family member. No photographer credit is needed for personal use downloads. All attempts must be made to protect the integrity and safe keeping of the image in question.
If you are unsure of the use I will be more than happy and appreciative for an inquiry into the images use options. Send me an email.


Licensing and Purchasing Terms: By downloading images from our website, either as a new payment or with an agreed pricing arrangement with Van Alphen Visuals, you are agreeing to Van Alphen Visuals non-transferrable Licensing and Purchasing Terms, which accompany all downloaded files and products, and outlines the terms and conditions of the license.

Usage Fee: A fee is generally payable to license any rights-managed image. The fee is based on how the image is going to be used. This will be calculated by such factors as the media use, the reproduction size and position, period of use, size of print run and distribution territory. Van Alphen Visuals calculate this fee by relying in good faith on the information provided by the licensee. Incorrect information can lead to a surcharge on the originally agreed fee and may lead to a cancellation of the license. If an invoice issued by Van Alphen Visuals for the usage fee is not paid in full by the terms of the invoice, the license will be cancelled, and non-payment will be considered as a breach of these terms. As a result, we reserve the right to claim any damages that this incurs. Images may not be re-sold, rented or reassigned by you and any third-party use must be agreed by us under license in accordance with these terms.

Cropping and Image Manipulation: The rights to alter any photograph rests with Van Alphen Visuals, the client will seek the opinion of Van Alphen Visuals for any alteration request.

Captions: All images must be reproduced with or in the spirit of an accompanying caption. If there is any doubt by the licensee, then verification should be sought before publication.

Credit Lines: With all editorial rights-managed images, the copyright holder/photographer should be credited with any reproduction of their work. The credit line should read “© Çapkin van Alphen/Van Alphen Visuals” or “© (contributing photographer)”. The preferable location for this credit line is immediately adjacent to the image or in the acknowledgements or credits section. For all commercial and advertising uses, we would request that the licensee would use reasonable effort to provide the same credit line. Failure to do so may be considered a breach of these terms and conditions.

Published Images: Van Alphen Visuals requests at least two copies of any publication featuring an image reproduction upon publication.

Intellectual Property Right/Model Release: The licensee (you, the client) is responsible for clearing all necessary permissions from third parties, be they people, buildings, art, artistic craftsmanship, animals, which may include trademarks, personality rights, property rights, fine art rights, etc. The licensee shall indemnify and hold Van Alphen Visuals harmless against any and all claims, liability, damages, costs and expenses (including reasonable legal fees and expenses) arising out of the use of any images for which:
(a) no release was furnished by Van Alphen Visuals in writing,
(b) the use of any images exceeds the scope of the release provided by Van Alphen Visuals.
The licensee will also indemnify and hold Van Alphen Visuals harmless against all claims, liability, damages and expenses (including reasonable legal fees and expenses) in connection with any third party claim arising out of the use of the images, including, but not limited to, defamation, right of privacy, right of publicity and obscenity claims. Van Alphen Visuals’ liability for all claims shall not exceed in any event the total amount invoiced per particular image. Van Alphen Visuals makes no representation or warranty with respect to the use of any names, trademarks or works of art depicted in any image or the accuracy of captions accompanying any images.

Disclaimers

Van Alphen Visuals uses reasonable efforts to ensure the accuracy, correctness and reliability of the content, but we make no representations or warranties as to the content's accuracy, correctness or reliability. Images of people or places displayed on the website are either the property of, or used with permission by, Van Alphen Visuals. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms or specific permission provided elsewhere on the website or by separate license or agreement. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications' regulations and statutes.

We reserve the right to change these terms: privacy policy, prices, information and license terms, featured on this website without notice. These conditions set out the entire agreement between Van Alphen Visuals and you relating to your use of this website. No action of Van Alphen Visuals, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these terms or privacy policy. Should any clause of these terms or privacy policy be found unenforceable, wherever possible this will not affect any other clause, and each will remain in full force and effect.

Copyright paragraph

All images on this website are copyrighted images and protected under national and international copyright laws. All digital images supplied by Van Alphen Visuals are the property and copyright of Çapkin van Alphen and its contributing photographers. Please refer to our Terms and Conditions for further information.