Terms of Service
Last updated: Oct 1st, 2024
- The basics.
Welcome to Plus Dutch Download shop (PDDL Shop). PDDL Shop is s an online shop where you can purchase and download our unique digital content, photos, graphics, art, and more.
These Terms of Service (“Terms”) apply to the plusdutch.com website, related websites, blog, onlinstore and other Plus Dutch-operated services (collectively, the “Service(s)”).
These Terms govern the relationship between PDDL Shop and Plus Dutch (“we”, “our” or “Plus Dutch”) and any user of the Service (“you”, “your” or “User”), including in certain circumstances, the relationship between Users. By using the Service (including by downloading and using Content from the Service, or contributing Content or Communications to the Service):
you agree that you are entering into these Terms with us which will become a legally binding agreement between you and us; and you represent and warrant that you have the full right, power and authority to agree to and be bound by these Terms and to fully perform all of your obligations listed in these Terms.
If you don’t agree to these Terms, please don’t use the Service.
Children may not access or use the Service unless their use is directly authorized by their parent, guardian or another authorized adult who agrees to be bound by these Terms. For the purposes of these Terms, a child is a person under the age of 13 (or the minimum legal age required to provide consent for processing of personal data in the country where the child is located, noting 16 is the minimum legal age in the Netherlands).
We reserve the right, at our sole discretion, to change or modify these Terms at any time, including the right to cancel or change the licenses granted by these Terms. If we do this, we will post the most current version of these Terms on this page. We will seek to provide you with reasonable notice of any change to the Terms that, in our sole determination, materially adversely affect your rights or your use of the Service. We may provide you with this notice via the Service, and/or by email to the email address associated with your account. By continuing to use the Service after any revised Terms become effective, you agree to be bound by the new Terms. - Content.
In these Terms when we refer to “Content” we are referring to the content which is available on the Service, but excluding any third party paid advertising or sponsored content (over which Plus Dutch has no control and we do not grant any license). Content includes, but isn’t limited to the following items:
“Images”, which means photographs, vector graphics, drawings and illustrations.
“Videos”, which means moving images, animations, film footage and other audio-visual representations and content.
“Other Media”, which means any other media or content which is visual or audio in nature, or a combination of these,
and includes, in each case, any associated text, captions, descriptions or metadata. - Content License granted to you for Content.
Subject to the Prohibited Uses described below (which you agree and acknowledge you are not entitled to engage in), when you download any Content (including Free Content) from the Service, we grant you an irrevocable, worldwide, perpetual (or as long as allowed by law), non-exclusive and royalty-free right to download, use, copy, modify or adapt the Content for commercial or non-commercial purposes (“Content License” or “Plus Dutch License”).
*The free content on the PDDL Shop is provided as samples. It is test content for checking operation methods, image resolution, etc.
Examples of how you can use licensed content include: websites; blog posts; social media; advertisements; marketing campaigns; corporate presentations; newspapers; magazines; books; film and television productions; web and mobile applications; product packaging.
Please make sure you read the Restricted Uses section below for exceptions. - Restricted Uses.
No Unlawful Use. You may not use content in a pornographic, defamatory or other unlawful manner, to promote violence or hatred, or in violation of any applicable regulations or industry codes.
No Commercial Use. You may not use content for any commercial, promotional, advertorial, endorsement, advertising, gambling/betting/gaming uses or merchandising purpose.
No Standalone File Use. You may not use content in any way that allows others to download, extract, or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).
No Use in Trademark or Logo. You may not use content (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, tradename, business name, service mark or logo. Additionally, you shall not be entitled to register (in any jurisdiction) such content (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third party use of the content or any similar content (including by us, our customers, or the copyright owner of such content).
Sensitive Use Disclaimer Required. If you use content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), you must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model. For example, you could say: “Stock photo. Posed by model.” No disclaimer is required for “editorial use only” content that is used in an editorial manner.
No False Representation of Authorship. You may not falsely represent that you are the original creator of an end use that is made up largely of licensed content. For instance, you cannot create a painting based solely on licensed content and claim that you are the author.
No Products for Resale. You may not use content in connection with any goods or services intended for resale or distribution where the primary value lies in the content itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media), DVDs, mobile applications, NFTs or other items for resale, license or other distribution for profit. This includes “on demand” products (meaning products in which content is selected by a third party for customization on such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, posters and other items (this includes the sale of products through custom designed websites, as well as sites such as zazzle.com and cafepress.com).
No Electronic Templates. You may not use content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates).
Limited print run. You may not reproduce the content more than 10 times in physical print form. This restriction does not apply to electronic reproduction.
No Machine Learning, AI or Biometric Technology Use. Unless expressly authorized by Plus Dutch you may not use content (including any caption information, keywords or other metadata associated with the content) for any machine learning or artificial intelligence purposes, or for any technologies designed for or intended for the identification of natural persons. Additionally, Plus Dutch does not represent or warrant that consent has been obtained for such uses with respect to model-released content. - License Restrictions
The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else. There are two exceptions:
Employer or client. If you are purchasing on behalf of your employer or client, then your employer or client can use the content. In that case, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this agreement. If you do not have that authority, then your employer or client may not use the content.
Subcontractors. You may allow subcontractors (for example, your printer or mailing house) or distributors to use content in any production or distribution process related to your final project or end use. These subcontractors and distributors may not use the content for any other purpose.
- User Accounts.
You will be responsible for tracking all activity for each user account, and you agree to: (1) maintain the security of all passwords and usernames; (2) notify Plus Dutch immediately of any unauthorized use or other breach of security; and (3) accept all responsibility for activity that occurs under each user account. Plus Dutch reserves the right to monitor downloads and user activity to ensure compliance with the terms of this agreement. If Plus Dutch determines that you are in breach of this or any other term of this agreement, it may suspend access to your account and seek further legal remedies. - Intellectual property rights.
All of the licensed content is owned by either Plus Dutch or the artists who supply the content. All rights not expressly granted in this agreement are reserved by Plus Dutch and the content suppliers. - Attribution.
You do not need to credit Plus Dutch or the contributor of Content when you use it, but it is certainly appreciated when you do so – especially when the use is of an editorial nature, where photo credits are more customary. You can provide credit in the following format: “Plusdutch.com/Artist’s Member Name”. - Use of the Service.
You may be required to register with us to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, and current information as prompted by the Service’s registration form. Registration data and other information you provide through the Service is subject to our Privacy Policy. You are responsible for any activity conducted on your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code. Your username must not infringe any third party rights, or be offensive, vulgar or obscene. In using the Service, you acknowledge and agree that:
Data mining, extraction, scraping and the use of programs or robots for automatic data collection and/or extraction of digital data on the Service and/or the content available therein is strictly prohibited for all unauthorised purposes, including without limitation for machine learning purposes.
The technology and software underlying or distributed in connection with the Service is owned by us and our licensors, affiliates and partners. We do not grant any rights in such software to you. You must not copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in such technology or software, unless we grant our express permission in advance.
Bulk, large-scale or systematic copying of Content is strictly prohibited unless explicit permission has been granted by us.
You will not yourself or through any third party:
copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof;
use or compile any Content to replicate a similar or competing service to the Service, or copy the look or feel or the Service;.
use the Service to transmit unsolicited messages or engage in spamming;.
use the Service to store or transmit any virus or malicious code;.
impersonate any other person or entity on the Service, or impersonate any non-existent relationship with such persons;.
use or exploit any metatags or other hidden texts containing our name or any of our trademarks without our express written consent;.
collect, store or use any personal information, including member names or profiles, about other users;.
access the Service for purposes of performance benchmarking or for building or marketing a competitive product; or
bypass any measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the Content.
You will not use the Service to transmit unsolicited messages or engage in spamming.
You will not use the Service to store or transmit any virus or malicious code.
You will not impersonate any other person or entity on the Service, or impersonate any non-existent relationship with such persons.
You will not use or exploit any metatags or other hidden texts containing our name or any of our trademarks without our express written consent.
You will not collect, store or use any personal information, including member names or profiles, about other users.
The compilation of the Content is copyrighted as a collective work and/or compilation in accordance with copyright laws, international conventions and other intellectual property laws. - No Delivery, Only Download
All products do not require physical shipping. You can download it immediately after purchase. - Download Term
You can download content for 30 days from the date of purchase.
You can download purchased content up to three times. - Pricing
Prices are inclusive of 21% VAT. Such additional charges are clearly displayed where applicable and included in the ‘Total Cost’. - Payments
Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. You will not be able to download content until this pre-approval check is complete. Your card will be debited once the order has been accepted. The transaction currency is Euro. - Taxes. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the licensed content.
- Refunds
File Download Refunds – Plus Dutch does not offer refunds or re-credits for downloaded files. File returns will only be considered based on technical issues with the file at the sole discretion of Plus Dutch. - Term and Termination.
These Terms come into effect when you first use the Service.
If Plus Dutch, in its reasonable discretion, determines that you, your Content, your Communications or your use of the Service violate these Terms, Plus Dutch may take one of the following actions: (i) delete the prohibited Content or Communications; (ii) suspend your access to the Service; (iii) terminate and delete your account; (iv) permanently ban you from using the Service; and/or (v) disclose the prohibited Content, Communication or activity to appropriate government authorities. Upon termination, your right to use the Service will immediately cease. The Service may not be accessed by any Users previously removed from the Service by Plus Dutch. - Reporting and takedown policies.
Plus Dutch respects the rights of creatives. If you believe that your intellectual property rights have been infringed by Content accessible through the Service, please report this using this form. Please include the following information in your report:
Identification of the intellectual property right you believe has been infringed.
Identification of the Content that you believe is infringing your rights, including a URL link to where that Content appears on the Service.
Your contact information, such as your email address.
A statement that you have a good faith belief that use of the Content in the manner complained of is not authorised by the intellectual property rights owner, its agent, or the law.
A declaration that the above information is accurate and that you are (or are authorised to act on behalf of) the intellectual property rights owner.
If you believe that any Content made available on or via the Service contains a violation of the law, please report using the form.
Nothing in this section constitutes legal advice. We suggest you consult an attorney regarding your rights and obligations under applicable laws. - Infringement claims.
If you find out – from Plus Dutch or somewhere else – that there is a claim relating to any Content and Plus Dutch might be liable, you have to stop using the Content immediately, at your own expense. This applies whether the claim is threatened, potential or actual. You also have to immediately delete or remove the Content from your premises, computer systems and storage (electronic or physical); ensure that your clients, printers or ISPs do likewise; and let Plus Dutch know as soon as possible. - Indemnification.
You agree to indemnify, release and hold harmless Plus Dutch and its affiliates from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting from:
your violation of the Terms (whether directly or indirectly); and
claims brought by any third parties arising out of your use of the Service.
If a claim is brought by any third party, you must immediately provide us with all information that is necessary for an examination of the claim and defence. Any further claims for damages by us against you remain unaffected. - Dispute resolution and applicable law.
https://ec.europa.eu/consumers/odr/
Plus Dutch is neither obliged nor willing to participate in an arbitration procedure within the meaning of the Netherlands Consumer Dispute Resolution Act. Plus Dutch will endeavour to resolve any disagreements amicably.
The law of the Netherlands applies to the contractual relationship between the users and Plus Dutch. As far as permissible, Amsterdam is agreed as the place of jurisdiction. - Warranty and liability.
The service, content and communications are provided “as is”. We offer no warranty, explicit or implied, regarding any content or communication (including any third party or sponsored content or any links), the service, the accuracy of any information, or any rights or licenses under this agreement including, without limitation, any implied warranties of merchantability or fitness for a particular purpose.
Plus Dutch does not represent or warrant that the service or any content or communication will meet your requirements or that their use will be uninterrupted or error free.
Plus Dutch shall not be liable to you or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the service, the communications or any content. - Versions and Severability.
These Terms supersede any prior representations, agreements, or understandings between you and Plus Dutch, whether written or oral, with respect to the Service including previous versions of the Terms. Any non-English translations of these Terms are provided for convenience only. The English version of these Terms will control.
If one or more of the provisions in this agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable. - Contact.
If you have concerns relating to this web site or these Terms of Use, please contact us.
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