ToonBook2 - Licences

TOONBOOK2-André Verheye

GENERAL LICENCES GRANTING CONDITIONS

TOONBOOK2 is the royalties management website of illustrator André Verheye, also below called " AUTHOR", in accordance with Belgian and international laws.

1. WARNING :

The illustrations (also below called "images") present on the TOONBOOK2 website or delivered in any other form by André Verheye are protected by international copyright conventions, and must be used, duplicated, entirely or partly, in any form and by any existing or future process, in any place, in conformity with present conditions and in accordance with laws applicable in this matter.

2. Intellectual property :

All rights relating to the pictures downloaded from TOONBOOK2-André Verheye site are the property of André Verheye 9 laie aux Faons 1300 Limal Belgium, that authorizes the use of said pictures within the sole limits defined in these general conditions or in special written conditions, if any. These conditions are henceforth applicable to the use of any picture downloaded from TOONBOOK2-André Verheye site or provided through another means. Downloading a picture from TOONBOOK2-André Verheye implies reading and acceptance of these conditions. André Verheye is owner of all copyrights on all images available on this site. Those copyrights are not selled in any way by acquiring any user's licence.

3. Use :

TOONBOOK2-André Verheye grants the users, under the condition precedent of previous payment of the amounts due to it, a personal, non-exclusive and non-assignable right of use during one year as of the first downloading of the pictures from TOONBOOK2 website. This license granting must be renewed at every new use of a TOONBOOK2 image on any new medium or any re-publishing. This license is granted to the sole following purposes:

Authorized uses :

Commercial or editorial publications, printing on newspapers, magazines, specialised press, general information press or institutional press, activity reports, books, covers, packaging, leaflets, catalogues, folders, invitations, greetings cards, flyers, posters, CD, CD-rom, DVD and Video covers . Aforesaid images of which the beneficiary user of the license of use is the editor or designer, for his own account or that of his clients, can be copied on hard disks for the sole uses enumerated in the present contract.

Regulated uses :

You can use the entire image or a part of it, reposition or re- scale, rotate or apply a mirror effect.
You can combine as many images as you want to create a more complex illustration.
Backgrounds removing is autorised
CMYK color images can be converted to RGB or levels of grey. Image elements such as clothing, signs, notices, vehicles or others can display final user's own colors, logo, or personalised text or slogan if a layout is submitted by the user and accepted by André Verheye, within the limits of our General Licences Granting Conditions
Backgroundless images can be placed on a plain or gradation color, or on a photographic background (under complete responsability of the user in matter of copyright).
It is most important, for you, as well as the end user of the image and the author, to respect some important technical details such as perspective, proportions, and to adjust direction of the ballons or eyes, pupils and so on...
André Verheye reserves himself the right to refuse any submitted layout without justification.
Web and multimedia image size must be equal to or less than 800 X 600 pixels at 72 dpi, If a larger image size is used on webserver, the access must be limited on ten (10) users.
Watermarked images are freely downloadable within the sole limits of pilot study or layout purposes.
No modification made on a TOONBOOK2 image will produce any author's rights of any kind, neighter in favour of the user, nor in favour of any third.

Forbidden uses :

The uses of pictures on Internet, CD-ROM or other electronic or magnetic support that can be downloaded or reutilized by third people, in any way whatsoever, are henceforth excluded from the license.
To sell, rent, lend or give entirely or partly the image.
Use images with pornographic, slanderous, racist intention or any other illegal use in the country where the image is published.
Incorporate or associate entirely or partly the image in any logo, trademark or sign, even for non- commercial purposes.
printing the images on postcards, calendars, greetings cards, posters or any other product are only authorised for promotional purposes and strictly forbidden for any form of retail resell.
Any form of publishing of free watermarked images .
Any use not defined by this contract.

4. Uses not covered by the license :

The uses of TOONBOOK2-André Verheye pictures not covered by the license described in article 3, will be dealt with in a separate written agreement entered into previously. In case of use not authorized in article 3, and without prejudice to the provisions relating to the end of the license, especially in case of unauthorized use of TOONBOOK2-André Verheye pictures, an indemnity equal to five times TOONBOOK2-André Verheye base rate will be due to the latter.

5. Moral rights :

The mention © TOONBOOK2-André Verheye will always be mentioned visibly close to each use of TOONBOOK2-André Verheye picture. For want of compliance of this specific obligation, an indemnity corresponding to TOONBOOK2-André Verheye base rate for the use of “unsigned” pictures will be due. However the integrity of TOONBOOK2-André Verheye pictures shall be maintained. For want hereof, in case of use of modified or transformed pictures, an indemnity corresponding to three times the base rate will be due, without prejudice to TOONBOOK2-André Verheye right to prove a more important prejudice and to claim reparation thereof.

6. Duration :

The low resolution license of use (web and multimedia), is granted in article 3 has a one-year duration as of the first downloading, to be eventually renewed for extended use. The high resolution license (printing) is valid for a single edition, one year duration, to be eventually renewed for any further use.

The license will however be terminated early for want of compliance of these general conditions and especially in case of use of TOONBOOK2-André Verheye pictures for purposes other than those described above or still in case of transfer, especially by sub-license, of the granted rights of use. At the expiry of the license and especially, in case of early termination thereof, all uses of TOONBOOK2-André Verheye pictures should be immediately suspended and all copies of TOONBOOK2-André Verheye pictures will be deleted. TOONBOOK2-André Verheye is not responsible for damages caused on third party by user of present licence.

7. Responsibility :

The co-contracting person of TOONBOOK2-André Verheye has been informed of possible differences of colour, sharpness or graininess, because of technical limitations or of the proposed formats; it agrees that TOONBOOK2-André Verheye cannot be held responsible for it. The co-contracting person of TOONBOOK2-André Verheye is liable towards them for the uses of TOONBOOK2-André Verheye pictures it has downloaded and stands thus bail vis-à-vis TOONBOOK2-André Verheye for compliance of these general conditions by its own relations, without prejudice to TOONBOOK2-André Verheye’s right to call also upon the responsibility of third people, especially in case of unauthorized use of its pictures. In all cases where the use of TOONBOOK2-André Verheye pictures is not completely neutral towards third people, because their rights have been harmed or themselves or the property on which they are holding rights are presented negatively, likely to throw people into confusion, simply unflattering or still in a sensitive context from a social, philosophical, religious, sexual point of view or the like, TOONBOOK2-André Verheye may in no case be held responsible for having allowed downloading of these pictures, if you have not obtained its prior written authorization to use them in the aforementioned context. Generally speaking TOONBOOK2-André Verheye cannot be held responsible for the consequences of the use of the downloaded pictures, that takes place under the sole responsibility of the users thereof.

8. Payments :

Any amount due to TOONBOOK2-André Verheye is payable cash at its registered office or on its bank account; any amount unpaid at the maturity date will yield by operation of law a conventional interest of 10% per year and will automatically be increased without notice by 12% in order to cover the administrative costs incurred by TOONBOOK2-ANDRÉ VERHEYE.

9. Privacy :

TOONBOOK2-André Verheye will dedicate its full attention to the compliance of the law relating to privacy towards the data processing with a personal character. You can at any time consult and should the case arise, correct your personal data in possession of TOONBOOK2-André Verheye by addressing yourself to the latter per mail, e-mail or fax. The information communicated to TOONBOOK2-André Verheye during your visit on its site are mainly meant for guaranteeing quick and efficient processing of your requests. Save instructions to the contrary from your part expressed upon the collection of personal data, the latter can be used for commercial purposes, especially for the canvassing, promotion, enhancement and assessment of TOONBOOK2-André Verheye services. You have at any time the possibility to no longer authorize the use of your personal data. TOONBOOK2-André Verheye does not guarantee equivalent compliance of the aforementioned provisions on the web sites towards which there is a link from this site.

10. Miscellaneous :

These relationships are governed by the Belgian law; in case of dispute, the courts of Brussels and Nivelles are sole competent; the matters will be brought before them at the entire discretion of the plaintiff.