Terms and Conditions

Definitions

1.1 Account: the environment managed by the User, to which the User has access to after entering the Login Details;
1.2 Login details: username and password chosen by the User;
1.3 Quotation: an offer from Materialsoftheworld, sent via the User’s Account or via e-mail, as a result of the User going through the ordering process on the Website (the ‘shopping cart’) or as a result of a request for quotation from the User per e-mail.
1.4 Agreement: the agreement between Materialsoftheworld and User that is established by the order by User of any offer from Materialsoftheworld on its website;
1.5 Service: the service provided by Materialsoftheworld, whereby the User can download Works from the Website under license and for a fee under the conditions of the Agreement and these Conditions;
1.6 User: the natural person or legal person who is registered via the Website as a customer of Materialsoftheworld and who has access to the database with Works on the Website;
1.7 Single User: the User who works alone, such as, for example, but not limited to, a sole proprietorship without staff, a self-employed person, a freelancer or a private individual;
1.8 Studio: the User being a company in which two people or more are employed;
1.9 Materialsoftheworld: the trade name of sole proprietorship ScansMadeByThijs, registered under the Dutch Chamber of Commerce number 75471205;
1.10 Parties: User and Materialsoftheworld jointly;
1.11 Conditions: the conditions as formulated in these General Conditions;
1.12 Website: the website of Materialsoftheworld accessible via, among other things, the domain name www.Materialsoftheworld.com, including all underlying web pages;
1.13 Works: the files in the database on the Materialsoftheworld Website.

Applicability

2.1. These Terms and Conditions apply to every Agreement, Quotation and legal act of Materialsoftheworld, as well as to every use of the Works, the Website and the Service. By creating an Account or by using the Service, in any way whatsoever, the User accepts to be irrevocably bound by these Terms and Conditions.

2.2. Materialsoftheworld is at all times entitled to change and/or supplement these General Terms and Conditions. The most current General Terms and Conditions will be available on the Website or will be brought to the attention of the User during the use of the Service. If the User continues to use the Service after amendment and/or supplementation of these General Terms and Conditions, the User thereby irrevocably accepts the amended and/or supplemented General Terms and Conditions. If the User does not agree with the amended and/or supplemented General Terms and Conditions, his only option is to stop using the Service and to delete his Account.

Account, personal data and privacy

3.1. To use the Service, User must create an Account on the Materialsoftheworld Website.
3.2. The User is responsible for keeping his Login Details secret. The User is liable for all use made of the Service via the Login Details. Materialsoftheworld may assume that the User is actually the one who logs in with his Login Details. As soon as the User knows or has reason to suspect that Login Data has come into the hands of unauthorized persons, the User must inform Materialsoftheworld thereof, without prejudice to its own obligation to immediately take effective measures itself, such as changing the Login Data. Materialsoftheworld is not liable for damage resulting from any unauthorized access to or use of the Website and/or Service by third parties.

3.3. Materialsoftheworld is at all times entitled to make procedural and technical changes and/or improvements to the Website and/or to the Service, without prior notice and without incurring any liability or liability to the User in any way, and to the Service or the Account of the User (temporarily or permanently).

3.4. Materialsoftheworld is in no way responsible or liable for damages towards the User for any damage arising from or resulting from the (temporary) unavailability or (interim) failure of the Website and/or the Service.

3.5. The Privacy Statement, which can be found on the Website, states which information Materialsoftheworld needs from the User to create an Account and how Materialsoftheworld handles the User’s privacy.

License Terms

4.1. Subject to User’s fulfillment of its payment obligations, Materialsoftheworld grants User a personal, non-exclusive, non-transferable, non-sublicensable royalty-free license to use the selected Works in accordance with the terms of the Agreement and these Terms.

4.2. The User, being a Studio within the meaning of these terms and conditions, is obliged to opt for the “Studio License”.

4.3. The User has the right to freely use the Work for commercial purposes after payment of the fee as arranged in Article 9 of these Terms and Conditions.

4.4. If the User’s confirmation deviates from what is included in the offer on the Website, the offer on the Website will be regarded as an Agreement.

4.5. Modifications by which the Work is deformed, mutilated or affected in such a way that Materialsoftheworld is thereby harmed to the honor or reputation of is not permitted.

4.6. The license provided to User is non-exclusive, unless expressly agreed between Materialsoftheworld and User. User acknowledges that he cannot invoke the right to exclusive use against a third party who has an older (license) right to the relevant Work.

4.7. Materialsoftheworld has the right to revoke specific licenses at any time. Immediately after written notification, the User will cease and keep ceased all reproduction and publication of the Work and destroy all reproductions of the Work or remove it from all electronic and portable storage media. User must immediately inform Materialsoftheworld in writing of the removal.

Permitted Use

For the purpose of use referred to Article 4, the User is permitted to download or
copy the Work to the hard disk of the User’s computer.

Limitations of Use

6.1. All rights are reserved by Materialsoftheworld. Use of the Work other than use as indicated in Articles 4 and 6 is not permitted, unless otherwise agreed. Uses that are not permitted include, but are not limited to:

• The transfer or further licensing of the license, or the sublicense, relicensing, lending or leasing of Works, unless Materialsoftheworld has given express written permission to do so;
• The publication and/or reproduction and/or other use of the Work in any way whatsoever, as long as the User has not yet fully complied with any obligation arising from any agreement whatsoever with the Materialsoftheworld;
• Creating/making a derivative use of a Work;
• Use of any Work in a manner that is defamatory, pornographic, or obscene, or detracts from the honor and/or reputation of Materialsoftheworld or is otherwise inappropriate, whether directly or indirectly through any combination of the Work with specific subjects, at the sole discretion of Materialsoftheworld;
• Using the Work in such a way as to infringe trade names or trademarks;-Archiving, republishing and/or transferring and storing the Work to a database, unless Materialsoftheworld has given explicit written permission for this;
• Use of Works to promote a business offering that competes in any way with Materialsoftheworld.

6.2. In the event of violation of the Terms and Conditions, referring to Articles 4, 6 and 7, and/or any provision in the Agreement, the User forfeits an immediately payable, non-deductible penalty to Materialsoftheworld of three hundred percent (300%) of the usual fee for such form of use with a minimum of EUR 1,000, without prejudice to other remedies under these Terms and/or applicable law, including the right to additional damages.

Intellectual Property Rights

7.1. User acknowledges that all intellectual property rights in the Work, including but not limited to copyrights, remain with Materialsoftheworld.

No provision in these Terms of Use shall be construed as implying a transfer of
(intellectual property) rights in any way or to any extent.

7.3. The User acknowledges that the Work and/or the content contained therein may be subject to (intellectual property) rights of third parties, including, but not limited to, copyright, portrait-right, model-right and/or trademark rights.

7.5. If the context of the publication means that permission from a trademark owner is required for the use of the trademark and/or sign depicted on a Work, the User is responsible for obtaining the necessary permission. Materialsoftheworld does not guarantee (obtaining) this permission from a trademark owner.

7.6. The User indemnifies Materialsoftheworld against all claims with regard to infringement of intellectual property rights through the use of the Work.

Cancellation Policy and Termination

8.1. The User can cancel the order in writing and/or by e-mail up to one (1) working day after the invoice date if the Work does not meet the technical requirements as agreed in the Agreement. Administration costs or bank charges incurred will not be credited.

8.2. If the User does not cancel the order within the term of Article 8.1, the User accepts the contents of the invoice and the User is obliged to pay the full compensation.

8.3. In the event of dissolution of the Agreement, no cancellation will take place of what Materialsoftheworld has already delivered and/or has performed and the payment obligation in return. Amounts that Materialsoftheworld has invoiced before the dissolution in connection with what Materialsoftheworld has already properly performed or delivered for the execution of the Agreement, remain due in full with due observance of the provisions of the previous sentence and become immediately due and payable at the time of the dissolution.

8.4. Upon termination of the Agreement, for whatever reason, the User’s right to use the Work lapses immediately and access to the Service is immediately denied. The User will destroy or remove the Work in the manner described in article 4.7 of these Terms of Use.

Payment and payment terms

9.1. Per license Materialsoftheworld will charge the User the amount quoted or the amount stated on the Website, being the rate applicable at that time. Unless otherwise indicated, all amounts stated by Materialsoftheworld are in euros and exclusive of sales tax (VAT) and other government levies.

9.2. Materialsoftheworld is entitled to unilaterally adjust the applicable prices and rates for licenses at all times.

9.3. Payments must be made at the end of the ordering process on the Materialsoftheworld Website, unless otherwise agreed in writing.

9.4. If Materialsoftheworld has not yet received (full) payment, User is immediately in default, without prior summons and notice of default being required. From the moment of default, the User owes interest equal to the statutory commercial interest, increased by two percent (2%).

9.5. If User continues to fail to pay the claim after a reminder or notice of default, Materialsoftheworld can hand over the claim. In that case, all costs incurred by Materialsoftheworld, such as legal costs and extrajudicial and judicial costs, including the costs for legal assistance, bailiffs and collection agencies, incurred in connection with late payments, will be borne by the User. The extrajudicial costs are calculated in accordance with the Decree on compensation for extrajudicial collection costs, with a minimum of € 40.

9.6. The invoice will be sent to User by e-mail.

9.7. Complaints regarding invoices and/or the Service do not suspend the User’s payment obligations.

9.8. Materialsoftheworld is entitled to suspend the fulfillment of its obligations under the Agreement until the User has fulfilled all his due and payable obligations.

Warranty, Liability and Indemnity

10.1. The liability of Materialsoftheworld for an attributable shortcoming in the execution of the Agreement, an unlawful act or any other act or omission is limited to compensation for direct damage. The liability of Materialsoftheworld in respect of direct damage per event (whereby a series of related events is regarded as one event) does not exceed the total amount that the User has paid for the Work under the Agreement. However, the total liability of Materialsoftheworld will in no case exceed €500.

“Direct damage” means only:

• property damage;
• reasonable expenses incurred by the User to ensure that Materialsoftheworld’s performance is in accordance with the Agreement; however, this alternative damage will not be compensated if the Agreement has been dissolved by the User, including a dissolution by the competent court for the User (Article 6:265 of the Dutch Civil Code);
• reasonable expenses incurred by the User to determine the cause and extent of the damage, insofar as the determination is related to direct damage within the meaning of the Agreement;
• reasonable expenses incurred to prevent or limit damage, insofar as the User can demonstrate that these expenses have led to a limitation of the direct damage within the meaning of the Agreement.

10.3. Materialsoftheworld shall not be liable for damages other than direct damages as defined in clause 10.2, including, without limitation, consequential damages arising out of or in connection with this Agreement, including, without limitation, loss of profits, loss of business, loss of anticipated savings and other similar financial losses such as loss of goodwill or reputation or other incidental, indirect, or punitive or exemplary damages of any kind, whether or not User notified Materialsoftheworld of such potential damages, compensation or loss.

10.4. Materialsoftheworld is not liable for any damage, including financial loss and other loss, which may arise from misuse of Login Data by third parties.

10.5. Materialsoftheworld is not liable for any damage, including financial loss and other damage, which may arise from infringement of (intellectual property) rights of third parties through reproduction or publication of the Work by the User, including but not limited to copyright, portrait, design and/or trademark rights.

10.6. Materialsoftheworld is not liable for any damage, including financial loss and other loss, that may arise from damage to computer systems through use of the Work.

10.7. The User’s right to claim compensation under the Agreement, on the basis of tort or otherwise lapses in any case one (1) year after the event occurred as a result of which the claim or proceedings were instituted.

10.8. The user guarantees that the personal data provided when registering is correct and complete and indemnifies Materialsoftheworld against any damage, including financial loss and other damage, which may arise from the inaccuracy or incompleteness of the data.

10.9. User undertakes to report any change of address to Materialsoftheworld in writing and/or by e-mail within a reasonable period prior to that change. In the absence of this obligation, the User is liable for all damage resulting from this.

10.10. In the event of bankruptcy or suspension of payment of the User, the User must immediately inform Materialsoftheworld via the curator or the administrator and Materialsoftheworld has the right to terminate any agreement with immediate effect.

10.11. The limitations mentioned in the previous paragraphs of this article do not apply if and insofar as the damage is caused by intent or gross negligence on the part of Materialsoftheworld or its directors.

10.12. The User indemnifies Materialsoftheworld against all damage and costs in and out of court, including – but not limited to – claims from third parties, collection costs, statutory commercial interest, loss of profit, forfeited fines and costs of legal assistance, which Materialsoftheworld suffers or incurs as a result of ( i) an attributable shortcoming in the performance of the Agreement by the User, (ii) any act by the User in the execution of this Agreement or (iii) an unlawful act (iii) infringement of intellectual property rights, portrait rights and/or personality rights.

Governing Law and Disputes

11.1. These Terms and Conditions and the Agreement are exclusively governed by Dutch law, unless mandatory provisions prescribe otherwise.

11.2. All disputes arising from or related to these Terms and Conditions and/or the Agreement will, to the extent permitted by law, be submitted exclusively to the competent court in the district of Midden-Nederland.

General

12.1. If for any reason any provision of these Terms is held to be void, invalid or otherwise inapplicable, this will in no way affect the applicability or legal validity of the remaining provisions of these Terms.

12.2. Materialsoftheworld will decide on a new provision, which approximates the old provision with regard to content and scope as closely as possible, without itself being void, invalid or otherwise inapplicable.

12.3. Wherever a writing requirement applies in these Terms, this requirement may also be electronically and/or by email.

Last Terms update: September 8, 2021.