Only Rights-Protected Images offer the peace of mind of complete sales histories and exclusivity.

You can check who has used the image to ensure that a competitor is not using the same image you licensed. Rights-Protected Licenses are based on the usage of the image, while with Royalty Free, you purchase a general license according to image resolution. There are also differences in quality and content. High quality Rights-Protected Images represent a wider variety of content and subject matter.

Should you use Rights-Protected Images or Royalty Free?

First ask yourself if it is important for you to know the sales history of an image. Next consider if you need exclusivity. You may not require an exclusive license, yet it is important to realize that Royalty Free images are more widely distributed and as a result less unique. In other words you get a more unique image, even when buying non-exclusive rights for a Rights-Protected Image.

AGREEMENT TERMS & CONDITIONS

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND IKJELD.COM ("IKC") PERTAINING TO LICENSING REPRODUCTION RIGHTS FOR ANY RIGHTS PROTECTED IMAGE OF THIS WEB SITE OR RESULTING FROM CONTACT VIA TELEPHONE OR E-MAIL. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING ANY IKC RIGHTS PROTECTED IMAGE ("IMAGE"). BY DOWNLOADING ANY IMAGE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

1) COPYRIGHT. All Images are copyrighted. IKC owns all rights to the Images. All rights not specifically granted to you by this agreement are reserved. Your right to reproduce an Image is subject to the restrictions set forth in this agreement, and is conditioned upon your full payment of the license fee prior to your reproduction of the Image. You must provide copyright protection for any IKC Image. Such copyright shall be immediately assigned to IKC at no charge upon request. The following credit line is required for any editorial use of an Image, "© iKjeld.com/Kjeld Duits, Year."

2) REPRODUCTION RIGHTS. (a) When licensing image reproduction rights according to the online pricing and purchase descriptions on this Web site: Provided you have complied with all the terms of this agreement, IKC shall grant to you a non-transferable, one-time non-exclusive right to use the Image only in the country you apply for, within the usage parameters stated in "Your Order Details" and confirmed in the "Digital Receipt" within one year from the date of this agreement
unless otherwise stipulated. (b) When licensing image reproduction rights via telephone or e-mail, rights are only granted as stated on the INVOICE/COPYRIGHT LICENSE. No additional usage, reuse or new use in any form may be made of any Image without first contacting IKC to purchase additional rights, either by returning to this Web site or by speaking with IKC directly. IF YOU ARE UNSURE OF YOUR RIGHTS UNDER THIS AGREEMENT, OR IF YOU WISH TO USE AN IMAGE IN A MANNER NOT PERMITTED UNDER THIS AGREEMENT, PLEASE CONTACT IKC BY E-MAIL.

3) UNAUTHORIZED USE. Usage of any Image without IKC's consent and payment is unauthorized. IKC will issue to you a retroactive invoice granting reproduction rights covering any unauthorized usage which will be four (4) times the price IKC would have charged for the authorized use of the Image. If you fail to pay the invoice within ten (10) business days, the invoice shall be deemed withdrawn and IKC shall sue for copyright infringement and seek damages equal to ten (10) times the normal copyright license fee, plus attorneys' fees and all associated costs.

4) OWNERSHIP. No ownership interest or copyright in any Image shall pass to you by the download of an Image or by the granting of the license to reproduce an Image.

5) NON-TRANSFERABLE. "Non-transferable," as used in paragraph 2, means that the work you produce incorporating the Image must be for your own use or for the use of your direct employer, client or customer, who must be the end user of your work. You may not sell, rent, loan, give, sublicense or otherwise transfer to anyone the Image or the right to reproduce the Image (except insofar as it has been incorporated by you into the permitted use as stated in the "Digital Receipt"). Nothing you produce shall grant or purport to grant to any third party a right to reproduce or duplicate the Image. You agree to take all commercially reasonable steps to prevent third parties from reproducing, duplicating or distributing the Image.

6) USE OF IMAGES. You may not use any Image in connection with any potentially sensitive issue including, but not limited to, sex, contraception, mental or physical abuse, domestic violence, physical or mental challenges, aids, substance abuse, alcohol, tobacco, cancer, or possible defamation or disparagement of character or product, without obtaining the prior written consent of IKC. Also, you may not use an Image in such a way as to suggest an affiliation with or endorsement by any product, person or entity not affiliated with you.

7) INDEMNITY.You agree to indemnify and hold IKC harmless against any liabilities, claims and expenses, including reasonable attorney's fees, arising from your use of any Image.

8) MODEL RELEASES. You should assume that no model releases or other releases exist for any Image unless expressly acknowledged by IKC in writing. If IKC erroneously advises you that an Image is released when it is not, IKC's liability shall be limited to the amount you paid IKC for the Image. You agree to indemnify IKC against all claims arising out of the use of any Image where the existence of a release has not been expressly acknowledged in writing by IKC. IKC makes no representations or warranties with respect to the right to use names, content, images, trademarks, logo types, designs or art depicted in any Image. You or your client must satisfy itself that all necessary rights, consents or permissions as may be required for reproduction are secured from the appropriate party.

9) WARRANTY. IKC MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER IKC NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, LICENSORS OR AGENTS SHALL BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL, ARISING OUT OF THE USE OF, OR THE INABILITY TO USE, THE IMAGE. IKC'S LIABILITY, IF ANY, IS LIMITED TO THE AMOUNT YOU PAID IKC AS A LICENSE FEE.

10) PAYMENT. Unless you prepay by credit card, all invoices are payable net thirty (30) days. A finance charge of 1.5% per month or the maximum interest permitted by law, whichever is less, will be applied on any balances unpaid after thirty (30) days. No usage rights shall be granted until payment in full is received by IKC.

11) CANCELLATION POLICY. (a) When licensing image reproduction rights online: THERE ARE NO REFUNDS OR CANCELLATIONS. You authorize IKC to charge you for the selection of Images and accept the terms stated within this License Agreement. (b) When licensing image reproduction rights via telephone: You authorize IKC to charge you for the selection of Images as discussed with IKC. If you cancel rights granted in the Invoice within seven (7) business days from the date you download an Image, you will be charged a US$50 transaction fee per Image. If the cancellation notice is received more than seven (7) but less than thirty (30) business days after the download of Images, a fee equal to fifty (50%) percent of the amount of the Invoice will be charged. AFTER THIRTY DAYS, NO CANCELLATIONS WILL BE ACCEPTED AND THE FULL AMOUNT OF THE INVOICE MUST BE PAID.

12) LEGAL.This agreement shall be governed and interpreted in accordance with the laws of Japan, except for the conflict of laws provision. You consent to the personal jurisdiction of the courts of the Japan. Venue for any action respecting this agreement or Image shall be in federal or state court in the city of Osaka.

13) ADDITIONAL RIGHTS. IF YOU ARE UNSURE OF YOUR RIGHTS UNDER THIS AGREEMENT, OR IF YOU WISH TO USE AN IMAGE IN A MANNER NOT PERMITTED UNDER THIS AGREEMENT, PLEASE CALL OR E-MAIL.

14) DEFAULT. Should you breach this agreement, you will be required to pay all of IKC's costs and expenses incurred in connection with enforcement of the agreement, including IKC's reasonable attorneys' fees, costs and disbursements.