TERMS AND CONDITIONS OF SITE

PLEASE READ THIS STATEMENT CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS THEN YOU SHOULD NOT ACCESS THIS SITE. ACCESS OF THIS SITE BY YOU SHALL BE DEEMED TO BE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

COPYRIGHT AND TRADEMARKS

Unless otherwise stated, all rights in any information which appears on this site (including the photographs screen displays, the content, the text, graphics and look and feel of the site) belong to NKFR.

All trademarks, service marks, company names or logos are the property of their respective holders.

Any use by you of these photographs, images, marks, names and logos without express permission may constitute an infringement of the holders’ rights.

USE OF THE SITE

You may access this site for your own personal non-commercial use only. You may not download and keep or print any part of this site.

You may not access any part of this site prohibited by any notice or restriction, or where it is reasonably obvious that such part of the site is meant to be private (e.g. any administration area meant only for our employees).

You may only access this site using a normal desktop or mobile web browser or screen reader (or other device for accessibility purposes). You may not access this website for the purposes of ‘scraping’, aggregating or re-publishing its content or for any reason other than as a private visitor to the site.

Without affecting our right to take other action (including legal action), we may suspend or cancel your registration immediately if you do not comply with these terms and conditions.

We may take other methods to prevent you from accessing this site if you do not comply with these terms of use but, because of the nature of the internet, your successful ability to access this site should not be taken as our consent to do so other than on these terms and conditions.

RESIDENCE

This site is hosted in France and controlled by us from France. We make no representation that any material contained on this site is appropriate for any other jurisdiction than France. Should you choose to access this site from any location other thanFrance, you are responsible for compliance with all applicable local laws.

LIABILITY

By entering this site, you acknowledge and agree that the use of this site is at your own risk and to the extent permissible by applicable law, in no circumstances, including (but not limited to) negligence, shall we be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use this site or any material on any site linked to this site (including but not limited to any viruses or any other errors or defects or failures in computer transmissions or network communications) even if we have been advised of the possibility of such damage. In addition, no liability can be accepted by us in respect of any changes made to the content of this site by unauthorized third parties. All express or implied warranties or representations are excluded to the fullest extent permissible by law. We do not warrant that this site does not infringe any intellectual property rights of third parties.

Any software is downloaded at your own risk. If you are in any doubt as to the suitability of the software to be downloaded for your computer it is recommended that you obtain specialist advice before downloading it.

OTHER SITES/BANNERS

We are not responsible for the content of any other websites that are linked to or from this site and we exclude all warranties and all liability for any loss or damage you incur as a result of your use of such sites. We will not be responsible for the content of any advertising or sponsorship that may appear on our site nor for compliance of the same with any laws or regulations.

SITE AVAILABILITY

To the extent permitted by applicable law, we do not warrant that this site will be available at any time.

ACCURACY

The information contained in this site is based on up to date information and while we make all reasonable efforts to ensure that material on this site is correct, current and complete at the date of publication, accuracy cannot be guaranteed. We make no warranties or representations (express or implied) as to its accuracy, currency or completeness. We may change the information at any time without notice. You should take appropriate steps to verify all information on this site before acting upon it.

AMENDMENTS

We may update these terms and conditions from time to time and we will notify you of any changes using the e-mail address you gave to us on registration or by an announcement on the web site (at our sole discretion). The changes will apply to the use of the site after such notice. If you use the site after the date on which the changes come into effect, you will be deemed to have accepted the new terms and conditions.

SEVERABILITY

If any part of these terms and conditions is, at any time, found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these terms and conditions. These terms and conditions shall be deemed amended by modifying or severing such a part as necessary to render them valid, legal and enforceable while preserving their intent, or if that is not possible, by substituting another provision that is valid, legal and enforceable that gives equivalent effect to the parties’ intent. Any such invalid or unenforceable part or parts shall be severable from these terms and conditions, or the validity of the part(s) in question in any other jurisdiction shall not be affected thereby.

ASSIGNMENT

You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

GOVERNING LAW

These terms and conditions are governed by and shall be construed in accordance with the laws of France. Non-contractual obligations (if any) arising out of or in connection with these terms and conditions (including their formation) shall also be governed by the laws of France.

You agree submit to the exclusive jurisdiction of the courts of France as regards any claim, dispute or matter (whether contractual or non-contractual) arising out of or in connection with these terms and conditions or any of the documents to be entered into pursuant to this these terms and conditions (including their formation).

PRIVACY POLICY

By using this site, you are indicating your agreement to the terms of this policy. If you disagree with any of the terms, then please do not use our site. We reserve the right to alter the terms of this policy at any time. Changes will be notified to you using the email address you provide to us or by an announcement on this site. Your continued use of this site will indicate your agreement to such changes.

NKFR and any successor operators of our business (“We” and “us” respectively) are conscious of our responsibilities as a “data controller” under the Data Protection Act 1998 and the General Data Protection Regulation (GDPR), will ensure that the information we obtain and use will always be processed and transferred in compliance with all applicable data protection laws and regulation.

Our site allows you to provide your personal details to register with us as a user of the site. It also allows you to provide your contact details to enquire about the purchase of art prints. The types of personal information collected on these pages are name; address; e-mail address and phone number, and information on goods and services sold and purchased.

Please be aware that we may use your information and share it with and transfer it to our suppliers and other reputable third parties for the following purposes:

to process and administer details of your registration and service your requests from time to time;
to keep you up to date with the development of our site or our business;
to pass your details to our suppliers when you request certain services (for example, art prints);
to conduct market research and to understand better how our service may be improved and made even more useful for you;
to provide you with information about our products, promotions, offers and services which may be of interest to you;
to monitor and record your correspondence and communications with and to us to ensure that we maintain consistently high standards in dealing with your queries and needs; or
to share it for direct marketing purposes with our group companies and reputable third parties whose products and services may be of interest to you.

If you would rather not use your information in the ways set out above, please let us know by writing to us at the address given below or email us at hi@nkfr.co.

Our site is hosted in France therefore we may transfer information to and from France to our offices in Thailand, the European Economic Area, the USA or other countries for normal commercial purposes. We may use e-mail to transfer this information; E-mail is not a fully secure method of communication. We will endeavor to comply with the Data Protection Act in respect of such transfers however if you do not consent to such transfers please do not register with our site, contact us or order any art print through our site.

We may wish to send you marketing information mentioned above by email. If you do not wish to receive direct marketing by e-mail, please let us know by writing to us at the address given below. In addition, each time we send you marketing information by email we will provide an opportunity for you to unsubscribe (opt- out) from receiving further information from us.

Also, if we sell our company or part of it, we will share your information with the purchaser, who may then provide you with information on their products and services.

We use “Cookies” in order to personalize your visit to our site and customize our pages for you. We may use the information provided by cookies to analyze trends, administer the site, or for research and marketing purposes to help us better serve you. If you like, you can set your browser to notify you before you receive a cookie so you have the chance to accept it and you can also set your browser to turn off all cookies. The site http://www.allaboutcookies.org (run by the Interactive Marketing Bureau) contains step-by-step guidance on how cookies can be switched off by users. Registering with our site requires the use of cookies in order to work effectively. If you do not wish these cookies to be used then please do not register with our site as they cannot be turned off for this purpose.

Should there be any inaccuracies in the information of which you inform us, or of which we become aware, please let us know and it shall be promptly rectified by us.

You have a right to access the personal data we hold about you. If you wish to obtain a copy of this information, please write to us at the details given below enclosing your postal details.

Our site may contain links to other sites belonging to third parties. Please make sure when you leave our site that you have read that site’s privacy policy. We are not responsible for the content or operation of sites belonging to third parties.

If you have any questions regarding this policy, or you wish to update your details or remove your personal data from our records, please contact us at:

NKFR (Thailand) Co., Ltd.
968/D4 T.Y. COURT
Sukhumvit 55,
Khlong Toei Nuae, Watthana,
Bangkok, 10110
Thailand
hi@nkfr.co

STANDARD LICENSING TERMS

These Standard Licensing Terms govern any licensing by Licensee (User) of photos available on NKFR archive library. By accepting these Standard Licensing Terms, the user acknowledges and consents to these Standard Licensing Terms, including the Privacy Policy and the Terms of Use of the website.

1. NKFR grants to User a non-exclusive, non-sublicensable and non-assignable right (unless otherwise specified in the license) to use the licensed material only in accordance with the specifications and limitations specified in the license. The specifications and limitations concern area of use, medium, period of time, print run, placement, size of Licensed Material, territory and any other restrictions specified in the Rights and Restrictions. The user alone is entitled to use the licensed photo in accordance with the specifications and limitations in the license.

At any time, NKFR is entitled to ensure that the user respects these Standard Licensing Terms.

2. NKFR holds or represents all intellectual property rights of the licensed photos. The user must in every respect abide by the rights of NKFR and its partners and licensors, and the user is liable without limitations for any disregard or infringement of these rights, including un-allowed or unlawful use or forwarding of the licensed photo to a third party. The user is not entitled to copy, archive, republish or transmit the licensed photo or parts thereof to an extent other than specified in the license without NKFR’s prior written consent. The user is not allowed to use the licensed photo in any compromising or defamatory con-text.

Except as otherwise, all Licensed Material used in an editorial context must include the following credit line adjacent to the Licensed Material: NKFR

NKFR will notify the user if it has obtained a model release and/or a property release for Licensed Material, either in the Rights and Restrictions or by written notice to Licensee. If no such notification is given, then no such model or property release has been obtained. The user acknowledges that some jurisdictions provide legal protection against a person’s image, likeness or property being used for commercial purposes without their consent. Neither NKFR nor any party on whose behalf NKFR licenses Licensed Material makes any representations or warranties as to whether any additional fees or payments may be due to any person depicted in Licensed Material pursuant to the requirements of any applicable trade union, and the user shall be solely responsible for any such additional fees or payments to such trade union.

Except where user is specifically notified that a model and/or property release has been obtained by NKFR, neither NKFR nor any Licensor grants any rights or makes any warranties with regard to the use of names, people, trademarks, trade dress, logos, registered, unregistered or copyrighted audio, designs or works of art or architecture depicted in any Licensed Material. The user shall be solely responsible for determining whether a release is required in connection with any proposed use of Licensed Material, and the user shall be responsible for obtaining any required release. As to any release delivered with any Editorial Licensed Material, neither NKFR, nor any user, makes any representation, warranty or guarantee as to its sufficiency with regard to any use of the Licensed Material made by the user. The User shall obtain all necessary individual, property, team logo, trademark, audio and other releases, approvals and clearances from third parties as may be required for the user’s use of the Licensed Material prior to using the Licensed Material.

3. The price for the licensed photo is specified in the license, and the outstanding amount is due 30 (thirty) days from the date of the license (unless otherwise specified in the license). In the event of late payment NKFR shall be entitled to claim default interest of 2% per month of the amount due.

Rights of the licensed image are reserved to the user when an invoice is created. The user is liable to pay 50% of the total license fee if they cancel an order within ten days after the terms & conditions of the usage by electronic email. After 10 days, the user is responsible for the full payment of the invoice.

4. If the user experiences difficulties in licensing photos at NKFR’s website, the user may contact NKFR’s at hi@nkfr.co. NKFR will try to help the user as far as possible, but cannot be held responsible for the user’s own hardware, software or internet connection or the advice given.
5. If the licensed photo cannot be accessed or used as presupposed by the user after his/her acceptance of these Standard Licensing Terms, NKFR – after having been informed thereof by the user – is under an obligation to ensure that the licensed photo can be used by the user in accordance with the specification and limitation specified in the license. This right to complain and this obligation to remedy are the user’s only rights in connection with defective delivery of the licensed photo.
6. NKFR warrants that it has obtained the right to license the photo from the photographer. Besides this express warranty, the licensed photo is licensed “as is”. NKFR makes no other representations or warranties of any kind whatsoever, express or implied, in connection with the licensing or these Standard Licensing Terms, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable. To the fullest extent permitted by law NKFR will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the licensed photo, including use thereof, regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if NKFR have been advised of the possibility of such damages.

7.The user agrees to defend, indemnify and hold NKFR and its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors, harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from the user’s use of the licensed photo.

8. A party cannot be held responsible towards the other party in case of force majeure, which affects the party’s obligations under these Standard Licensing Terms. Force majeure includes i.a. war and mobilization, natural disasters, strikes, lock-outs, fires, absent, delayed or defective deliveries from sub-suppliers/licensors, damaged production machinery, computer virus, key personnel being unfit for work, import and export regulation conditions and other conditions outside the con-trol of the party in question.
9. The user will be asked to submit some information when registering as a user. Please see the Privacy Policy in respect of how NKFR handles this information along with information about the Registered User’s interactions at NKFR’s website.
10. France law shall govern the use of the licensed photo and the parties hereto submit to the exclusive jurisdiction of France courts.

11. These Standard Licensing Terms and the license constitute the complete and exclusive agreement between the user and NKFR regarding the licensed photo(s). NKFR reserves the right, in its sole discretion, to change these Standard Licensing Terms at any time by posting the changes on NKFR’s website. Any changes are effective immediately upon posting to the website. The user’s continued use of licensed photos, including any new licensing, is governed by such new Standard Licensing Terms. NKFR’s failure to require performance of any provision in these Standard Licensing Terms shall not affect NKFR’s full right to require such performance at any time thereafter, nor shall NKFR’s waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Standard Licensing Terms and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. In the event that any provision of these Standard Licensing Terms shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Standard Licensing Terms unenforceable or invalid as a whole. NKFR will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent as reflected in the original provision.