Handelsbetingelser

1. General


1.1 Dear customer

The following business terms and conditions [‘Terms’] form a legal agreement between you and us, and describe together with our data policy, the terms, conditions, rights and responsibilities for any content, that apply when you purchase a subscription to www.jumpstory.com (‘the Website’), which is owned and operated by JumpStory ApS, Axel Gruhns Vej 2B, 8270 Hojbjerg, Denmark, reg. no. 39622068 (‘JumpStory’, ‘we’, ‘our’).

1.2 By registering as a user on the Website, you (the ‘User’, ‘you’) agree to abide by and be bound by the Terms. The Terms govern your access to and use of our service, and we encourage you to read them carefully.

1.2.1 Our service is aimed at people who are at least 13 years of age. If you are less than 13 years old, you are not permitted to use the service. You are also not permitted to use our service if you are otherwise legally prohibited from having access to or using our service under legislation.

1.2.2 If you agree to the Terms on behalf of your employer or any other entity, you declare and warrant (i) that you have the authority to enter into a binding agreement on behalf of your employer or the relevant entity in relation to these Terms, (ii) that you have read and understand the Terms, and (iii) that you accept the Terms on behalf of the party you represent. If you do not have the authority to bind your employer or the given legal entity, you are not permitted to accept the Terms.

1.3 We may change the Terms at any time, taking effect for any future purchases, including automatic renewals. In the case of significant changes, you will receive notice via the email address you used to create your user account. In the case of significant changes, the agreement may be terminated with 14 days’ notice, effective from the date the changes take effect. The changes are deemed to have been approved by you if you continue to use our service after the new terms have entered into force.

1.4 Your use of our service is subject to the terms that apply at the time of use.

1.5. By registering for or otherwise using the service, you are telling us that you have read, understood, and agree to be found by these terms of service, including our privacy policy. If you don’t agree with anything we propose in these Terms, please don’t (and you don’t have our permission to) use any part of the Service.

 

2. Our service

2.1 We make a visual universe available to you, within which you can find and edit millions of images, illustrations and more. In these Terms, this visual universe is referred to as the ‘Service’.

 

3. How to register as a user

3.1 To access the Service, you must choose a subscription and create a user on the Website. In line with clause 1.2.1 above, you must be at least 13 years old in order to use our Service.

3.2 When you create a subscription/user, you will be asked to enter a company name, name, address, phone number, and email address. You are responsible for ensuring that the information entered is correct.

3.3 If your information changes after you register, you must immediately log in to your user account on the Website and update the information, so that we do not have inaccurate information on file about you.

3.4 You must also choose a password, to be used when you log in to the Website to use the Service. The password you choose is personal and must not be disclosed to others. You have a duty to ensure that the password is not revealed to third parties. Should this happen, you are obligated to notify JumpStory. We may change the password if we believe there is a risk that the account has been compromised or is being used in violation of our Terms. You can also change your password when you are logged in.

 

4. Free trial period

4.1 Your subscription to the Service can start with a 30-day free trial, which gives you the opportunity to try out the Service at no charge. The trial period is intended as a way to allow you to see the service ‘from the inside’ and try out parts of the Service free of charge, before you start paying for your subscription.

4.1.1 The trial period may be terminated at any time with one day’s notice. After the trial period expires, your subscription will automatically continue unless you actively terminate it. Log in to your account and use the link to notify JumpStory that you wish to terminate the agreement. If you do this after the trial has expired, the notice period is one month. You can continue to use the Service after you terminate your subscription, for the remainder of the trial period.

4.1.2 It is our intention to only offer you the free trial period once. If you have already made use of the free trial period, you will not be permitted to have another free trial for 24 months from the date the free trial period expires.

 

5. How to pay for your subscription

5.1 The subscription prices are shown on the Website. Prices are quoted in US Dollars, including VAT. Subscriptions renew automatically and can be terminated at one month’s notice, coinciding with the end of your payment period.

5.2 Payment is made using one of the common payment cards or using Paypal. When you click to sign up, you will be taken to the payment page and asked to enter your payment details. Payments for the subscription are charged every month, in advance.

5.3. We use a secure payment server that encrypts all information using the SSL protocol. This encryption ensures that no unauthorised persons have access to your payment information.

5.4. You are responsible for updating your payment information if your payment card is blocked or expires. You can do this when you are logged in to the Website, or by contacting support@jumpstory.com. If we are unable to charge the payment to your payment card, an invoice for your subscription will be sent to your email address.

 

6. How to terminate your subscription

6.1 You can terminate your subscription at one month’s notice, coinciding with the end of your payment period. You terminate your subscription by logging onto the platform and clicking on the Unsubscribe button at ‘My setting’ (button placement might change due to design changes on the website).

6.2 Failure to pay for your subscription, for example by deleting your payment information, will not be seen as termination and does not relieve you of the obligation to pay.

 

7. Right of cancellation

7.1 Right of cancellation for business customers:

7.1.1 Business customers have no 14-day cancellation entitlement, unless agreed otherwise in writing with us.

 

8. Availability and access to the Service

8.1 The Service is available 24 hours a day, 7 days a week. However, JumpStory cannot guarantee that the service will always be free from faults or disruptions. If any faults or disruptions to the service are discovered, JumpStory has the right to rectify these, without such faults or disruptions being deemed as a breach of these Terms. JumpStory also has the right, within reasonable limits, to shut down the Service to perform upgrades and maintenance or the like.

 

9. Protection of personal data

9.1 Our data policy states how we process and protect your personal data when you use the Service. You must accept our data policy in order to use the Service.

 

10. Suspension of the Service

10.1 Where an amount due for payment has not been paid, or where we have a reasonable suspicion that you are misusing the Service, in violation of our core values, to disseminate pornographic, hateful, racist or extreme religious material, we have the right to suspend your access to the Service – without your prior consent. We will notify you as soon as possible after your access has been suspended. The suspension will cease when all overdue amounts have been paid/there is no longer a reasonable suspicion of misuse.

10.2 In the case of a material breach of these Terms, we are further entitled to cancel the subscription. Cancellation as above does not relieve you of your payment obligation towards us, and you will not be entitled in such cases to a refund of any payments already paid.

 

11. Restrictions on the use of the Service

All visuals on the JumpStory are licenced under CC0-terms.

CC0 is a licence, where the creators have decided to waive all their copyright and related rights in their works to the fullest extent allowed by law. In a similar way to many open source software licences, CC0 is a universal instrument that is not adapted specifically to the laws of any particular legal jurisdiction. And while no tool, not even CC0, can guarantee a complete relinquishment of all copyright and database rights in every jurisdiction, it provides the best and most complete alternative for contributing a work to the public domain given the many complex and diverse copyright and database systems around the world. 

Similar to a photo, video, icons, vector or illustration found on any other stock photography site, laws can still affect the usage of the visual, like trademark, copyright and privacy rights.

When using the visual for commercial use (e.g. a photo of The Little Mermaid), it’s important not to insinuate that the brand / trademark is endorsing or are a part of the thing that you’re advertising. 

Visuals that have people’s faces that are recognizable in the visuals can be used for personal use and commercial use (as long the visual isn’t endorsing any negativity that could harm that person). However, visuals that have celebrities in it would not be recommended for commercial use, since typically celebrities have additional privacy rights that don’t allow any company to profit off of their image. However, in both cases, these visuals can be used for personal use.

Read more about CC0.

Examples of how you can use the visual content: websites; blog posts; social media; advertisements; marketing campaigns; corporate presentations; newspapers; magazines; books; film and television productions; web and mobile applications; product packaging etc. 

Restrictions: 

a) You may not use content in a pornographic, defamatory or other unlawful manner. 

b) 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.” 

c) You may not falsely represent that you are the original creator of a work that is made up largely of visual content. For instance, you cannot create a painting based solely on licensed content and claim that you are the author.

d) You may not use photos or other visuals, where trademarks, logos, brands or works of art appear. If you download photos with any of these depicted in them, you may need the permission of the brand owner of the brand or work of authorship or individual depending on how you use the photo.

e) You may not access the Service using any bots, spiders, scripts, crawlers, scrapers, or other automated tools or applications (other than your web browser or any mobile app that we may publish).

To the maximum extent permitted by applicable law, we will not be liable to you for any indirect, incidental, special, conswquential, or punitive damages arising out of or relating to your access to or use (or inability to use) the Serivce or any content of the Service, whether based on warranty, contract, tort, negligence, statute or other legal theory, whether or not we have been informed of the possibility of the damages.

Our maximum liability to you for any and all claims arising out of or relating to your access to or use the Service or any content available through the Service, whether based on contract, tort, statue or other legal theory is limited to 100 EURO.

The law in some places does not allow the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the above limitation may not apply to you.

Subject to those restrictions and the rest of the terms of JumpStory, the rights granted to you are: 

– Perpetual, meaning there is no expiration or end date on your rights to use the content. 

– Non-exclusive, meaning that you do not have exclusive rights to use the content. 

– Unlimited, meaning you can use the content in an unlimited number of projects and in any media. 

“Use” means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of.

 

12. Questions and complaints

12.1 If you have any questions or complaints, we would be very interested to hear them. You are therefore very welcome to write to us at support@jumpstory.com.

12.2 If you are a resident of the United States or any other country outside of the United Kingdom, or the European Union, our agreement under these Terms is governed by the laws of Denmark, without regard to its conflict of laws principles. If a lawsuit is permitted under these Terms, you and we agree to the exclusive jurisdiction of the state and federal courts located in Aarhus, Denmark.

 

13. Other conditions

13.1 We may change the subscription prices at any time. Price increases will only take effect from the next payment period on your subscription. You can therefore terminate your subscription, giving the required notice and coinciding with the end of your current payment period, before the price increase takes effect.

13.2 If any content found using our Service infringes the rights of a third party, it will be taken down immediately upon receiving a request to do so. Please contact us on support@jumpstory.com in these matters.

This version was last revised on the 17th of December 2019.

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