Terms and conditions

This is a translation. In case of any difference, the Dutch text prevails. Dutch version

Draft – last updated: [DATUM]. Fill in the details in [brackets] and have this text reviewed by a lawyer.

1. Who we are and when these terms apply

1.1 These general terms and conditions are those of Kino, Wester, Chamber of Commerce (KvK) number [KVK-NUMMER], email westerk1978@hotmail.com (hereinafter: the Maker).

1.2 They apply to the use of this portal and to every Consent and Licence Agreement for Video Footage (hereinafter: the Agreement) that the Maker concludes via this portal with an artist (hereinafter: the Artist) and/or an organiser of an event (hereinafter: the Organiser).

1.3 The Agreement prevails. Whatever the parties have agreed in the Agreement – such as the permitted use, the duration, the territory, the fee, the credit and the responsibility for music rights – always takes precedence over these terms. These terms only supplement the Agreement.

1.4 General terms and conditions of the Artist or the Organiser do not apply.

2. Definitions

Capitalised terms, such as the Footage, the Parties and the right of use, have the meaning given to them in the Agreement. The Portal means this website, in which the Artist and the Organiser can view and sign their own agreements and files using a personal account.

3. Conclusion of the Agreement and electronic signing

3.1 The Maker offers the Agreement by locking it in the Portal and sending the signing link. The text can no longer be changed unilaterally after that.

3.2 The Artist and the Organiser each sign separately, by logging in with their personal account, giving their agreement and entering their name, place and signature. The Parties recognise this electronic signature as legally valid (Article 3:15a of the Dutch Civil Code (Burgerlijk Wetboek)).

3.3 For each Party, the Agreement is concluded as soon as that Party has signed. If one of the two parties does not sign, the Agreement between the Maker and the other Party that did sign simply remains in force, insofar as this is reasonably possible.

3.4 With every signature, the name, place, signature, email address, date and time, IP address, browser details and a verification code over the full text are recorded. As between the Parties, this record serves as proof of the content and of the signing, unless proven otherwise.

3.5 Anyone signing on behalf of an organisation declares that they are authorised to do so.

4. Account and Portal

4.1 Accounts are created only by the Maker. An account is personal; login details must be kept secret. Any misuse must be reported to the Maker immediately.

4.2 Files and information in the Portal are confidential and intended only for the Parties concerned. They may only be used as permitted in the Agreement.

4.3 The Maker may block an account in the event of misuse or after termination of the Agreement. A signed Agreement remains available on request after that.

4.4 The Maker makes every effort to keep the Portal readily accessible and secure, but does not guarantee uninterrupted availability.

5. Watermark and logo

The Footage may contain a visible logo and/or an invisible digital watermark of the Maker. It is not permitted to remove, alter or obscure these.

6. Transfer to a foundation or BV

As provided in Article 2.3 of the Agreement, the Maker may transfer their rights and the Agreement to a foundation (stichting) or legal entity that manages and preserves the Maker’s archive. The right of use of the Artist and the Organiser remains unchanged in that case.

7. Privacy

The Maker processes personal data as described in the Privacy statement.

8. Changes

The Maker may change these terms. A new version applies only to agreements offered after that. Each Agreement records which version applies.

9. Governing law

These terms are governed by Dutch law. Disputes are subject to the court designated in the Agreement.