General conditions

General Conditions Applicable To Licenses To Frame Publishers

  1. These are the general conditions of Frame Publishers B.V. in Amsterdam, hereinafter called: 'Frame'.

  2. Frame publishes, inter alia, Frame, Mark and Elephant magazines as well as books, both on paper and the internet. Magazines, books, as well as websites and other publications are published worldwide. Frame also grants to third parties the right to publish translated and/or localized versions of its publications. Hereinafter, the term 'Frame's Publications' includes publications by Frame as well as publications by third parties to whom Frame granted the right to publish one or more translated and/or localized versions of its magazine(s), website(s) and/or book(s).

  3. These conditions are applicable to all transactions and/or agreements with Frame concerning contributions to Frame's Publications, including contributions from writers, photographers, illustrators or designers, or contributions of any other nature. Hereinafter, he/she who provides such contributions is called a 'Contributor'.

  4. Frame explicitly rejects any and all other general conditions and/or standard form contracts. The general conditions of Frame are the only general conditions that are applicable in the relationship between Frame and Contributor. These general conditions are deposited at the Chamber of Commerce in Amsterdam under the number 34153782.

  5. Contributor grants to Frame a nonexclusive license for the full duration of the applicable rights to use and publish his/her contribution(s) all over the world in any and all of Frame's Publications.

  6. The license includes all rights that are necessary lawfully to publish the contribution(s) in Frame's Publications, including, but not limited to, copyrights, neighboring rights, trademark rights, design rights and/or rights of publicity.

  7. The license includes, but is not limited to:

    • the right to copy and make available to the public contribution(s) in any and all of Frame's Publications;

    • the right to adapt contribution(s), including the right to translate them in any and all languages, and to make available to the public adapted contribution(s) in any and all of Frame's Publications;

    • the right to publish the contribution(s), including adapted contribution(s), on paper and/or any other carrier, like CD, DVD any type of digital memory, like USB stick, flash memory and/or any technology that has a similar function and/or replaces any of the mentioned technologies;

    • the right to publish contribution(s), including adapted contribution(s), on private and/or public networks, including the internet and mobile and wireless networks, and/or TV through the air or through cable networks, and/or any and all of the successors of the above technologies, and/or on any and all websites and/or similar virtual places;

    • the right to use, publish and/or exploit the contribution(s) in any way and/or form now known or hereinafter invented;

    • the right to transfer and assign the license and/or the license agreement;

    • the right to grant sublicenses;

    • the authority to enforce the licensed rights in court.

  8. To the extent that it is statutorily allowed, Contributor waves all moral rights, including, but not limited to, those mentioned in article 25 of the Dutch Copyright Act and article 5 of the Dutch Neighboring Rights Act.
  9. Contributor shall never demand any additional payment for any of the aforementioned rights and/or usage.
  10. Contributor warrants that the contribution is his/her own and original work and that he/she has the right and full power to grant the license to Frame and to enter into this agreement, and that any publication of the contribution(s) in conformity with the license does not infringe any right of any third party, including, but not limited to, copyrights, neighboring rights, trademark rights, design rights, and rights of publicity (portrait rights).
  11. Contributor shall deliver at the agreed date, time, place, manner and format. The contribution(s) shall be of the same satisfactory quality as a typical work of Contributor.
  12. Contributor shall indemnify and hold harmless Frame and any and all directly related persons and parties, as well as Frame's successors, assigns and licensees, from any and all loss, damage, liability or expense, including, but not limited to, lost interest and attorneys' fees and costs of lawsuit and extrajudicial costs, arising out of any breach or alleged breach of any of the representations and warranties under articles 10, 11 and 12, or other obligations under the agreement.
  13. Payment to Contributor shall only be due after receipt of an invoice and no sooner than four weeks after a contribution is first published. A contribution is considered to be published for the purposes of this provision, when the issue it first appears in is available to the general public.
  14. To the extent statutorily allowed, any liability on Frame's part is excluded for any and all damage, harm, loss or expense incurred by Contributor.
  15. These conditions and the agreements they are applicable to can only be amended if Frame explicitly agrees in writing with the amendment.
  16. If one or more provisions of these conditions happen to be null and void, nonbinding or unenforceable for any other reason, Contributor and Frame agree to replace the unenforceable provision(s) by provision(s) that are valid, binding and enforceable, and that are, in view of the object and purpose of these conditions, as similar as possible to the unenforceable provision(s).
  17. These conditions, the agreements and/or transactions they are applicable to and any and all disputes that are related to or arise from these conditions, the mentioned agreements and/or transactions, will be exclusively governed by Dutch law.
  18. Any and all disputes arising from, or related to these conditions and the agreements and/or transactions they are applicable to, will be submitted exclusively to the competent court of Amsterdam.

General Conditions Applicable To Licenses To Frame Publishers