CREATIV.ZONE

Membership Agreement

This membership agreement for creativ.zone applies between Eazign BV (the Site) and You (the Member) where You will obtain membership at creativ.zone's website and You grant creativ.zone the right to display your uploaded images and other content and provide related functionality.

Terms of Service

For terms and conditions for using the Site and/or services, the Terms of Service apply, to which you accept and agree to be bound.

Privacy Policy

For terms and conditions regarding the Site's processing of your personal data and use of cookies, the Privacy Policyapplies, to which you accept and agree to be bound.

License Grant

The Site is hereby granted the right to display, process and store Your Images and all Your Submitted Material on creativ.zone's website. You will remain the copyright owner of Your Images and all Your Submitted Material.

The Site is hereby granted the right to display Your Images and Your Submitted Material in thumbnail versions on websites other than creativ.zone's website. The Site is also granted the right to display share-buttons for social network sites below Your Images and Your Submitted Material.

The Site is hereby granted the right to display, process and store Your Images and Your Submitted Material, including, but not limited to, in computers, mobile devices, tablets, TVs, monitors, media centers, image streaming devices and digital picture frames and in apps for any and all such devices.

The Site is granted the right to post to and display, process and store Your Images and Your Submitted Material on social network sites, blogs, image sites, magazine sites, news sites and any other sites, including, but not limited to, Facebook, Google, Instagram, Pinterest, Twitter and Youtube. Your Images and Your Submitted Material posted and displayed on any such sites cannot be gueranteed to be removed from those sites, as this depends on these respective site's policies.

By making Images and Submitted Material available for sale on creativ.zone's website You grant to the Site the right to market, sell and distribute Printed Copies of Your Images. creativ.zone is also granted the right to sublicense the right to market, sell and distribute Printed Copies of Your Images to creativ.zone's Partners, in any sales channel. creativ.zone's Partners are also granted the right to sublicense Your Images. The license and sublicenses are non-exclusive, unless otherwise agreed between you and creativ.zone in a separate agreement.

By making Your Images and Your Submitted Material available for sale You also grant to the Site and its Partner's the right to use Your Images made available for sale, both in digital versions and printed versions, including, but not limited to, on websites, in social media sites, in blogs, in mobile applications, in presentations, in catalogs, in books, in magazines, in flyers, in demonstrations, in exhibitions, in trade fairs and in marketing material, for the purpose of advertising and marketing the sale of Printed Copies of Your Images.

Warranties and Indemnifications

You warrant that You are 18 years old or above, which is the minimum age required to use the Site's services.

You warrant that You are the copyright owner of Your Images and Submitted Material and that You have all necessary permits and sufficient rights in and to Your Images and Submitted Material to grant to the Site and its Partners the rights indicated under Section "License Grant" above. For avoidance of any doubt, if Your Images and Submitted Material are a montage, You warrant that You are the copyright owner and that you have all necessary permits and sufficient rights in and to all parts of Your Images to grant the Site and the Site's Partners the rights indicated under Section "License Grant" above.

You undertake to defend, at your own expense, the Site and the Site's Partners against any claims from third parties alleging that the Site or the Site’s Partners use of Your Images and Submitted Material in accordance with this Agreement constitute an infringement of any rights of a third party (hereinafter referred to as "Claims") and to indemnify and hold the Site and the Site’s Partner’s harmless from any costs, damages, liabilities, and/or expenses (including reasonable legal fees) suffered or incurred by the Site or the Site's Partners due to or arising from such Claims.

You undertake to indemnify the Site and the Site's Partners for any and all costs, losses and/or damages incurred by creativ.zone due to or arising from a breach of any of the warranties under this Section.

You acknowledge and agree that if You fail to fulfill any of your undertakings under this Section, the Site may ban or delete Your Account. If Your Account is banned or deleted no money for paid membership fees will be refunded. If Your Account is deleted no earnings for sold Printed Copies of Your Images will be paid out to You.

Member's Undertakings

You undertake to register a valid email address when you create Your Account and to keep Your Account information updated with a valid, active email address in Your Settings Page at all times.

You warrant that you are the author of all of Your Images and Submitted Material and if these are a montage, that You are the author of all parts of Your Images and Submitted Material. You are not allowed to upload material and content to the Site, which someone else is the original author of, for example stock images or creative commons material, or use such material in any part of Your Images and Submitted Material. If in doubt, the Site might request original digital source files, RAW-files or negative scans from You to verify that You are the author of Your Images and Submitted Material.

You undertake to only register one account at the Site. If Your Account has been banned, or if You have lost your username or password, or for any other reason, You are not allowed to register a new account, without the written consent of the Site, instead contact [email protected].

You undertake to keep your password safe and never share it with anyone or write it down. the Site's staff will never ask for your password. If you have lost your password You are able to reset it on creativ.zone's website.

You warrant that the residential country You have selected is the country You actually reside in. You undertake to always keep your residential country updated in Your Settings Page.

You warrant that the country You have selected when you make purchases on creativ.zone's website, is the country You actually reside in. You undertake to always keep your residential country updated in Your Settings Page.

You acknowledge and agree that if you fail to fulfill any of your undertakings under this Section, the Site may delete one or more of Your Images or Submitted Material and may ban or delete Your Account. If Your Account is banned or deleted no money for paid membership fees will be refunded. If Your Account is deleted no earnings for sold Printed Copies of Your Images or Submitted Material will be paid out to You.

The Site's Undertakings

The undertakes to acknowledge and identify you as the author of Your Images and Submitted Material. Such acknowledgement will be made on creativ.zone's website, app and on social network sites, blogs, magazine sites and news sites where Your Images and Submitted Material have been posted. For thumbnail versions of Your Images and Submitted Material you will be acknowledged as the author directly below the thumbnail or when Your Images and Submitted Material are opened up in full size.

The Site's Handling of Your Images and Submitted Material

Your Images and Submitted Material posted to social network sites, blogs, image sites, magazine sites, news sites or included in creativ.zone's blog, magazine, image tutorials or contests will not be deleted even if Your Account is deleted. If there are special circumstances for deleting one or more of Your Images and Submitted Material published in the Gallery, for example copyright issues or personal integrity issues, contact [email protected] and state your reasons for deletion. The Site decides exclusively and in its sole discretion if Your Images or Submitted Material will be deleted or not in such a case.

You acknowledge and agree that the Site have the right to delete any of Your Images, high resolution files or any other of Your Submitted Material at any time and for any reason, from creativ.zone's website or other websites where Your Images and Submitted Material are displayed.

Usage of and Linking to Images

Copying, downloading, taking screenshots, displaying, printing or otherwise using images on creativ.zone's website without the written consent the Site is strictly prohibited. It's strictly forbidden to remove the watermark or copyright information attached to images on creativ.zone's website.

When linking to images on creativ.zone's website, You are only allowed to link to the full image page with all information included, never link directly to the image file or in any other way. You are not allowed to link to images on creativ.zone's website by copying images and use them as links, only text links are allowed on other sites.

You acknowledge and agree that if You fail to fulfill any of your undertakings under this Section, the Site might temporarily or permanently ban or delete Your Account. If Your Account is banned or deleted no money for paid membership fees will be refunded. If Your Account is deleted no earnings for sold Printed Copies of Your Images will be paid out to You. The Site has the right to financial compensation for violations against this Section.

Membership Types and Prices

For a detailed list of conditions and prices for the different memberships, refer to the Membership page on this website. These conditions may be subject to change at any time.

Ending Membership

End your membership by sending an email to [email protected] with a request to terminate your account. Your Images and Your Submitted Material will be deleted within one week with the exception of Your Images available for sale and high resolution files of Your Images necessary to fulfill sales of Printed Copies of Your Images. All Your Images and high resolution files of Your Images will be deleted within maximum 6 months after you deleted Your Account. Your Images, Your Submitted Material and personal information may still remain on backups, not accessible by the public, after Your Account has been deleted. Your Images and Your Submitted Material posted on social network sites, blogs, image sites, magazine sites, news sites and any other sites and associated information will not be deleted. Your Images and information associated with image tutorials or contest submissions will not be deleted, unless You request it to [email protected].

For terms and conditions regarding deletion of your personal data when ending your membership, the terms and conditions in the Privacy Policy apply.

If you end your membership, no payments for membership fees will be refunded.

If you have ended your membership you are not allowed to register a new account at creativ.zone's website without the written consent of the Site.

If Your Account is deleted, you are not entitled to any compensation for sold Printed Copies of Your Images and no earnings will be transferred to you. Any earnings which have not been paid out when Your Account was deleted will be used by the Site to develop creativ.zone's website.

Liability and Limitation Thereof

The Site undertakes to inform the Site's Partners and subcontractors in accordance with this Section. The Site does not, however, undertake any liability for the Site's Partners' and subcontractors' compliance with such information and/or the Site's Partners' and subcontractors' use of Your Images and Submitted Material.

The Site and the Site's Partners are relieved from liability from any consequences of hacker attacks or otherwise unauthorized access to their servers or databases, which results in a third party's possession or spreading of any personal information, Images, image files, other material or information.

The Site and the Site's Partners are relieved from liability from any consequences if the Site's or the Site's Partners' website or any of the Site's services or products (including, but not limited to, personal homepages and prints sales) are unavailable for any period of time.

The Site and the Site's Partners are relieved from liability from any consequences of errors or faults in the Site's website or its services (including, but not limited to, personal homepages and print sales).

The Site and the Site's Partners are relieved from liability from any consequences of any illegal, slandering, offending, discriminating or defamatory comments or other material provided by its members. You are personally responsible for any such comments or material which You submit to the creativ.zone website or app.

The Site and the Site's Partners are relieved from liability for a failure to perform an obligation under this Agreement if such failure is due to a circumstance of the type stated below (Relieving circumstance) and the circumstance prevents or makes substantially more difficult the timely performance of such obligation. A Relieving circumstance shall be deemed to include inter alia acts or omissions of authorities, new or amended legislation, leaving of personnel, illness or other reduction of work capacity, death, conflicts on the labor market, blockade, fire, flood, war, loss or destruction of property or data of major significance or a major accident.

The Site AND the Site'S PARTNERS SHALL IN NO EVENT BE LIABLE TOWARDS YOU FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF ANY DATA, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR SERVICES OR PRODUCTS PROVIDED BY creativ.zone OR creativ.zone'S Partners. 14.9 creativ.zone'S AND creativ.zone's PARTNERS AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED 100 EU.

Termination

If you have ended your membership and Your Account has been deleted, this Agreement is terminated. Sections "License grant", Section "Warranties and Indemnifications", Section "Selling prints", Section "Liability and limitation thereof", Section "Legal disputes" and Section "Miscellaneous" survive termination of this Agreement.

If Your Account has been deleted by the Site in accordance with any of the provisions in this Agreement, this Agreement is immediately terminated. Sections "License Grant", Section "Warranties and Indemnifications", Section "Selling Prints", Section "Liability and Limitation Thereof", Section "Legal Disputes" and Section "Miscellaneous" survive termination of this Agreement.

Refunds of Membership Fees

Once a payment for membership fees has been made to the Site, no money will be refunded, except if You have made a double payment by mistake. In such a case one of the payments will be refunded upon a request made to [email protected] within 14 days from when the payment was made. However, the Site will comply with mandatory law.

If Your Account has been banned or deleted in accordance with any of the provisions under this Agreement, no money for membership fees will be refunded.

Miscellaneous

The parties are independent entities and neither shall be considered an agent, employee, commercial representative, partner, franchisee or joint ventures of the other. Neither party shall have any authority, absent express written permission from the other party, to enter into any agreement, assume or create any obligations or liabilities, or make representations on behalf of the other party not stated in this Agreement.

To the extent any provision in this Agreement is deemed illegal, void or unenforceable, that provision shall not affect the remaining provisions of this Agreement.

This Agreement, including the Privacy Policy and Terms of Service, incorporates the entire understanding between the parties. This Agreement supersedes any prior agreements between the parties, whether made orally, in writing or otherwise. No modification, amendment or waiver of any provision of this Agreement shall be binding unless executed in writing by both parties. Notwithstanding the above, the Site may change the terms and conditions of the Privacy Policy and/or Terms of Service in accordance with the provisions regarding changes in the Privacy Policy and Terms of Service.

Contact Information

Questions about the Terms of Service should be sent to us at [email protected].

Eazign BV, Rue au Bois 370, 1150 Brussels, Belgium

Created: June 1, 2023