Welcome
These Terms of Service apply to you if you want to purchase licenses for photos/artworks (images) and/or videos available on any of my shops.
1. Acceptance of Terms
To use the services offered at my shops, you must first sign up for an Account on any of the websites of Sotelano Media Ltd and its brands. By signing up, you accept these Terms of Service and you agree to the Privacy Policy, which you can view on our websites at any time.
2. Services
As an user, you may search images and videos available on my shop (“Content”), acquire licenses to use Content, organize Content using our “Lightbox” tool, and download Content for test purposes.
I have the right to amend and modify services at any time. There is no entitlement to the provision of an account, a certain download capacity or the error-free and uninterrupted availability of the my shop platform and services.
3. Registration
To register for an Account, you need to be at least 18 years old, enter a valid email address and choose a secure password.
Your Account will be active once you have completed the sign-up process and we confirm this or activate your account. Your account is only valid for you personally, i.e. you may not create an account for a third party, transfer it to a third party or allow a third party to use it. You are responsible for all activities that take place in your account and must inform us immediately in case of any unauthorized access to your account.
With your registration you have the opportunity to choose whether you would like to receive our newsletter and product updates, from which you may unsubscribe at any time. Consent to such updates is not required for your registration.
All information that you provide during your registration must be complete, accurate and current at all times to be able to provide our services to you and to get in touch with you when necessary.
I reserve the right to adjust the password requirements at any time to comply with current security standards and we may reset passwords, if necessary, for security reasons. I have the right to amend the requirements for registration or future use of Business Accounts. If you do not meet any subsequent requirements, I am entitled to restrict the use of your account or terminate our contract according to section 8.
4. Licensing of Content
If you want to use Content my shop, you need to purchase a license. Therefore, you need to select the appropriate license from the available license types (i.e. the license that suits the purposes you would like to use the Content for) and add it to your shopping cart. In case of questions concerning the extent of usage of each license type offered, you may visit our FAQ page or contact us.
To complete the purchase process, you must log into your Account or, if you do not already have an Account, register one and additionally provide your payment information (name, company name, VAT number, address) and payment method.
The license fees are due immediately plus the applicable taxes and can be paid via the payment system offered by my shop (e.g. PayPal). The license rights are only transferred upon full payment.
By clicking on the “Buy Now” or “Order Now” button, you declare a legally binding offer to purchase the license(s) you have selected and you accept these Terms of Service, the Privacy Policy and the License Terms in effect at the time of purchase. These documents can be viewed at any time on our website and are linked in the purchase process.
I accept your offer by making the requested Content available for download in your account. With this acceptance we enter into a license agreement which is further subject to the applicable Martin Sotelano Market License Terms. You will also receive an order confirmation by email, which contains links to download the purchased Content and corresponding invoice. Please note that the links may have a limited validity. However, you can access your purchased Content and invoices at any time in your account.
If you purchase a license as a consumer, you have a statutory right of withdrawal. Detailed information about such right is included in the License Terms.
Before purchasing a license, you may download Content in low resolution and with watermarks for test purposes, if available and limited to a 30-day test period. When you download such Comps, you guarantee that you do not use the respective Content for any other purposes than to assess the suitability for a specific project or to obtain internal permission to purchase a license. You also agree to delete the file and any copies from all storage media after such test use. For any further use you must acquire a corresponding license. Sotelano Media Ltd does not guarantee unlimited availability of all Content for licensing after such test download. If any Content is no longer available for licensing, please contact our Support Team.
I may change the available license types and License Terms at any time with effect for the future. Therefore, please check before each new license purchase whether the License Terms have been modified. For clarification, any change in the License Terms does not affect any previously purchased licenses.
5. Notifications and Communication
I may contact you e.g. by email concerning information required for the performance of our contract as well as for the fulfilment of any license agreements entered into. The storage and processing of your personal data and any communication with you is carried out in accordance with our Privacy Policy, which you can access on our website at any time.
6. Disclaimer of liability
I do not guarantee an error-free and uninterrupted availability of your account and the shop platforms and services. Liability is therefore excluded to the extent permitted by law. This also applies to any links provided and Content which can be used for test purposes per section 4.
7. Termination and Deletion of Your Account
You have the right to terminate our contract and delete your account at any time. Please contact me for deletion of your account. Please make sure that you have downloaded Content you have previously purchased onto your storage media before requesting deletion of your account.
If you violate these Terms of Service or your account is otherwise being misused, we may terminate the contract with you and delete your account at any time without prior notification and restrict you from any future registration. In addition, we may terminate the contractual relationship with you with a prior notice of 4 weeks by email and delete your account if your account has not been used for at least 12 months or if you do not comply with necessary registration requirements.
The termination will not affect any licenses already purchased and fully paid. Any claims by Martin Sotelano regarding outstanding invoice amounts for purchased licenses and any further claims also remain unaffected by a termination of the contract.
8. Modifications to the Terms
I have the right to update these Terms of Service at any time in accordance with this provision. If I make changes, I will publish the new terms on our platform. In addition, I will notify you at least 4 weeks before the changes take effect. This obligation does not apply if you register at any of my shop at a time when we have already published new Terms of Service which are immediately applicable to new users.
If you do not agree with the changes, you may terminate the contract with me by email within 4 weeks after notification. I will then delete your account.
If you do not terminate the contract within the notified period, your continued use of your Account after such period shall be deemed to be an acceptance of the amended Terms of Service. When we notify you of the updated Terms of Service, we will also inform you of your right to terminate the contract, the period of notice and the consequences of continued use after the period of notice have expired.
For changes to the License Terms, section 4 applies exclusively.
9. Final provisions
A transfer of rights and obligations from the Terms of Service to third parties requires the prior consent of the other party. This does not apply to a transfer of rights and obligations, in particular the transfer of operational control and responsibility of the platform and other services, to affiliated companies.
UK law shall apply as the jurisdiction for the Terms of Service. The UN Sales Convention is hereby excluded. Place of performance for the granting of rights is our registered office, insofar as legally permissible. If you use my shop as an entrepreneur, my address is also the exclusive place of jurisdiction.
Should any provision of these Terms of Service prove to be invalid, ineffective or unenforceable in whole or in part, the validity and enforceability of the remaining provisions shall not be affected thereby. The invalid or missing provisions shall be replaced by statutory law.
10. Contact
If you have any questions about these Terms of Service, feel free to contact me at hello@sotelano.com.
Last Update: November 5, 2021
English