Conditions
At this page
- Conditions
- Copyright
- General terms and conditions concerning the use of texts digitised works and other expressions on ADVIZ's website
- Disclaimer
Conditions
Adviz website general terms & conditions
1. The ADVIZ Management Foundation (“ADVIZ”), residing in 3534 AR, Utrecht at Vlampijpstraat 87c (hereinafter referred to as: ADVIZ), will design a website and a Wiki website (hereinafter collectively referred to as: “the Websites”), on which, among other things, a database will be created concerning graphical design, advertising and related expressions (“the Public Collection”), in which internet users will be able to upload digitised works, on which internet users may post their own works and information at a Wiki website, and where internet users may respond to the aforementioned expressions placed on the Websites. In order to be able to use certain parts of the Websites (such as uploading digitalised works, posting information and/or responding to expressions, among other things), the internet user should create an ADVIZ account. The internet user who has created an ADVIZ account will be referred to hereinafter as User.
2. By creating an ADVIZ account, the User declares to agree with these general terms and conditions (“the Conditions”). The Conditions apply to the legal relationship between ADVIZ and the User.
3. ADVIZ pursues a clear policy with regard to the copyrights and other relevant intellectual property rights resting with the materials uploaded by a User onto the Websites (“the Material”). This policy is displayed on the web page www.adviz.nl/auteursrecht. Part of that policy is that the User is responsible for the lawful publication and/or duplication of the Material on the Websites, at which ADVIZ will always be authorised to definitively remove the User and/or the Material from the Websites without a given reason. ADVIZ may, among other reasons, do so in cases in which the Material, works, responses and/or other expressions posted on the Websites are not in keeping with legislation and ADVIZ’s objectives (such as copying from books, photos and suchlike) and/or if the aforementioned expressions, according to ADVIZ, are likely to contravene with the law (copyright act), public order, public decency and/or are offensive according to ADVIZ.
4. The User declares and guarantees to respect the intellectual property rights of third parties and, in particular, not to infringe on the copyrights resting with the Material to be uploaded by the User. The User declares and guarantees to upload the Material with the purpose to put the Material at ADVIZ’s disposal and to enable ADVIZ to lawfully use the Material (or have it used lawfully). Moreover, the User agrees not to post any Material on the Websites, the contents of which would violate relevant legislation and ADVIZ’s objectives.
5. The User grants to ADVIZ, for free, an irrevocable, worldwide, non-exclusive, transferable licence, with the right to sub-licence, to use, duplicate and/or publish the Material on the Websites.
6. The Conditions will still apply, even after termination of the relationship between the User and ADVIZ. ADVIZ will always be entitled to definitively end the relationship with a User and/or the use of the Websites without observing a term of notice.
7. The User fully indemnifies ADVIZ for all damage that may be the result of the use of the Websites by the User in the broadest sense, including the use of the Material by third parties, and declares that ADVIZ will never be liable towards the User for any damage whatsoever, except in the case of intent or gross culpability by ADVIZ. In such case, the total liability will be limited to €1000 (one thousand Euros).
The User will post the Material – insofar as applicable – only under the Creative Commons BY-NC-ND licence. Based on this licence, third parties are only entitled to publish and duplicate the Material subject to the following conditions;
• Third parties are not entitled to use the Material for commercial purposes;
• Third parties are not entitled to edit the Material;
• Third parties must state the name given with the Material by the maker of the licensor;
• For the other conditions, see
8. The User accepts that ADVIZ may take measures for the security of the Material on the Website and accepts that ADVIZ independently establishes whether and in which way the Material will be and/or remain available on the Wiki.
9. The Conditions may be altered by ADVIZ from time to time and will then legally apply within the legal relationship between ADVIZ and the User.
10. The User agrees that ADVIZ collects personal data from the User in accordance with ADVIZ’s privacy policy.
11. Should a competent court of law rule that a provision of the Conditions is invalid, then this provision will be removed from the Conditions without affecting the other Conditions. The other Conditions will remain fully valid and enforceable.
12. The Conditions are subject to the law of the Netherlands. The district court in Amsterdam will have exclusive jurisdiction over disputes related to these Conditions
Copyright
The ADVIZ management foundation (“ADVIZ”) aspires to agree in writing with all parties entitled as to the terms and conditions for the use of graphical design, advertisement and related expressions, digital texts and images. This sometimes fails, among other reasons because the place of residence of one or more parties entitled or legal successors cannot be recovered. Should anyone feel to have any right, particularly copyright, on the graphical design, advertisement or related expressions, digital texts and images published on ADVIZ’s website, we request to advise us thereof by sending a written statement to [complete postal address or email address]. In view of the cultural, social and non-profit objectives of this site, it is not possible to pay any compensation for publishing and referring to the material provided.
General terms and conditions concerning the use of texts digitised works and other expressions on ADVIZ's website
All (intellectual) property rights with regard to this website, in any case including the copy- and database rights, exclusively rest with ADVIZ. ADVIZ explicitly reserves those rights. All rights to the database, the format, the metadata and the expressions rest with ADVIZ and/or the entitled parties involved in those expressions or otherwise entitled parties.
Subject the restrictions by or pursuant to the Dutch copyright act of 1912, nothing of this website may be duplicated or published in whole or in part without prior written consent by ADVIZ or the entitled party concerned. Conditions may be connected to such consent.
It is not permitted to duplicate and/or publish the expressions (or to have that done) in any other way than indicated on this page or explicitly agreed opun with ADVIZ and/or the entitled party (or parties) involved.
This website offers the opportunity to researchers, students and other interested parties to call up the expressions online and to search through them and to make an inventory of them on all possible aspects for non-commercial (semi-) scientific research and study objectives.
Insofar as access is obtained to expressions on the Websites or in the collections of other institutions by visiting ADVIZ’s website, such as but not limited to those of the ReclameArsenaal, the NAGO or the Hoorn poster museum, the terms and conditions of the concerned institutions apply and ADVIZ will not accept any liability resulting from accessing the expressions concerned.
Researchers and students are allowed to store a digital copy of a text or a digital image on a digital information carrier for their own research or study. Moving images are only provided “streaming” on this website for perusal. It is not allowed to store the provided moving images or to otherwise duplicate and/or publish them.
Disclaimer
Through this site, ADVIZ and the participating institutions wish to make the cultural heritage accessible to a wide audience. The cultural heritage also includes images and texts that may be offensive so some. However, their publication is in no way intended to offend anyone as regards to their religious, political, human and social views.
Despite ADVIZ’s care and attention given to this website’s composition, it is possible that information published on this website is incomplete and/or contains inaccuracies. ADVIZ does not accept any liability for any damage whatsoever, directly or indirectly, caused by and/or resulting from the use of the (information on the) website.