Version updated on 01.07.2014 by www.studiolegal.ro
New Folder personal data operator registered with A.N.S.D.C.P. under no. 22609
1. Confidentiality policy:
New Folder Stock maintains the confidentiality of your personal data. While carrying out our activity, we request personal data pursuant to the Law 677/2001 on the protection of persons as regards processing their personal data and the free movement of such data and pursuant to the Law no. 506/2004 on processing personal data and the protection of privacy in the field of electronic communications.
New Folder Stock maintains the confidentiality of the users’ personal data and has implemented strict security measures and procedures for the protection of personal data.
New Folder Stock undertakes to observe any legal dispositions on the protection of personal data (the Law no. 677/2001 and the Law no. 506/2004) while gathering, using, revealing and processing such data.
New Folder Stock may revise and update the Confidentiality policy following legislative and technological changes and also in the event the mode of performing the company activity changes. For these purposes, please consult the confidentiality policy from time to time in order to become aware of possible updates. The personal data shall be gathered, used, revealed and processed according to the latest Confidentiality policy to be found on the website of New Folder.
Personal data gathered by New Folder and the mode of gathering them
New Folder Stock gathers personal data only if this is necessary for performing specific activities, which are detailed, as a rule, on the website of New Folder Stock.
This means that we shall gather data for the following purposes:
In order to deliver services such as newsletters, information about events and services;
In order to invoice the services requested;
In order to provide the images and services requested;
In order to conduct promotions by raffles;
For internal management and reporting purposes;
In order to communicate with the targeted persons (customers and visitors).
Besides, you should know that the New Folder payment system is provided by a third party service provider, such as PayPal, which shall gather also your personal data according to his Confidentiality policy, which may be viewed on the following internet page: www.paypal.com
New Folder Stock is not liable for the conditions in which the third party – service provider – meets the legal confidentiality requirements.
Modes in which New Folder Stock gathers personal data
- When an image or service is requested or acquired from New Folder Stock or from its affiliated companies;
- When an image or service is provided to New Folder Stock;
- When you draw up some study or questionnaire or when you enroll in a competition or when you use a forum initiated by New Folder and
- When you communicate with New Folder by e-mail, telephone or in writing (for example, if you contact the customer support or you provide feedback).
New Folder Stock shall gather personal data only by legal means and shall not use intrusive actions. If reasonable and feasible, New Folder Stock shall gather personal data directly from you. However, in certain circumstances, New Folder Stock may acquire data about you from a third party, inclusively from discussion lists and from recruitment agents. In general, you have no obligation to provide us with your personal data, but if you choose not to provide us with your personal data we request and which are necessary, we may not be able to provide you with an image or service you requested.
How New Folder uses the data you provide.
New Folder Stock uses the data that it gathers from users for the following purposes:
- In order to provide the images or services you requested;
- For the customization of your experience on the website of New Folder Stock, inclusively by saving the data regarding your purchase bin;
- For developing the mode of managing the images and services provided by us;
- For improving our image and service offer from a quantitative point of view;
- Upon the communication with you
- For providing you with information about opportunities regarding New Folder Stock we consider you might be interested in and
- In order to give you the possibility to receive email messages and electronic newsletters from us.
New Folder Stock may also use your personal data for the purpose of sending you information about offers and activities we consider useful to you, unless you requested not to receive such offers or materials. If you do not wish to receive such information, please inform us and we shall cease sending it to you. This is not applicable to the information we have to send to you according to law.
How the data New Folder receives from users are used
In general, New Folder Stock shall reveal your personal data only upon your consent, or if such revealing is allowed pursuant to the legal dispositions in force. Your consent may be granted expressly or tacitly. New Folder Stock may also provide your personal data to the following persons:
- External service providers with whom New Folder has concluded an agreement for the purpose they perform activities in its name and on its behalf, such as processing data about bank cards, fulfilling the orders received (for ex. mail and courier services), mail outs, transport, recovery of debts, marketing activities, research activities, advertising activities, legal activities, financial insurance or other services (confidentially such providers shall also limit the use of personal data exclusively for the purpose of activities performed by New Folder Stock );
- Any other third persons authorized by you to receive data held by New Folder Stock;
New Folder Stock may notify you at any time of its practices of transferring data for certain services it provides while performing its activities. New Folder Stock shall not send your personal data outside Romania other that upon your consent and provided that the addressee of such data observes the principles of personal data processing similar to the ones in force nationally.
Updating or revising your personal data held by us
New Folder Stock makes sure that the personal data it holds are accurate, complete and up-to-date. If your personal data are changed, if you consider that any of your personal data we hold are inaccurate or incomplete, you may contact us in order to remedy this.
Security of personal data – Security policy regarding the personal data processing
New Folder Stock takes all the reasonable measures to protect the personal data in order to avoid their loss, unauthorized access, modification, divulging or some other unfair use of them.
The personal data shall be processed in compliance with legal requirements and in conditions ensuring the security, confidentiality and observance of the rights of the targeted persons.
1.Personal data – any information regarding an identified or identifiable individual; an identifiable person is the person that may be identified directly or indirectly especially by reference to an identification number or one or several factors specific to its physical, physiological, psychical, economic, cultural or social identity
2.Personal data processing – any operation or set of operations performed on the personal data, by automatic or non-automatic means, such as gathering, recording, organizing, storing, adjusting or modification, extracting, consulting, using, revealing to third parties by sending, dissemination or in any other manner, juxtaposition or combination, blocking, deleting or destruction;
3.storage – keeping the personal data gathered on any media;
4.personal data recording system – any organized structure of personal data, accessible based on established criteria, whether such structure is organized in a centralized or decentralized manner or is allocated based on functional or geographical criteria;
5.operator – any individual or legal entity, of private or public law, inclusively public authorities, their territorial institutions and structures, which establishes the purpose and means of processing the personal data;
6.third party- any individual or legal entity, of private or public law, inclusively public authorities, their territorial institutions and structures, other than the targeted person, the operator or the authorized person or the persons who, under the direct authority of the operator or the authorized person, are authorized to process data;
7.addressee – any individual or legal entity, of private or public law, inclusively public authorities, their territorial institutions and structures, to whom data are revealed, whether it is a third party or not; the public authorities to which data is provided to within the scope of a special investigation jurisdiction shall not be considered addressees;
8.anonymous data – data that, due to their origin or specific processing mode, may not be associated with an identified or identifiable person;
9.data of the "business contact" type – data including the name, position, business address, telephone number or email address of an employee of an organization, in such a capacity. The "business contact" data are not in the category of personal data;
10.statistic data – data obtained following the processing of personal data by the operator, but which may not be used for identifying a person and are used exclusively for statistic and/or information, promotion purposes.
The personal data shall be processed in compliance with the following principles:
- Notification. The personal data operator is notified to the National Authority for the Supervision of Personal Data Processing;
- Legality. Personal data are processed pursuant to and in accordance with legal stipulations;
- Well established purpose. Any personal data processing is to be performed for well established purposes, explicit and legitimate, adequate, pertinent and limited against the purpose for which such data are gathered and subsequently processed;
- Confidentiality. The operator warrants the confidentiality of the personal data it processes;
- Consent of the targeted person. Any personal data processing except for the processing targeting data in the categories strictly defined in the Law no. 677/2001, may be performed only if the targeted person consented expressly and unequivocally on the said processing;
- Information. The persons shall be informed by the operator who processes the personal data of the targeted person;
- Protection of targeted persons. The targeted persons have the right to access the data to be processed, to modify them, to challenge them and not to be subject to an individual decision, as well as the right to contact the National Authority for the Supervision of Personal Data Processing or the court of law for the defense of any rights guaranteed by the law, which were infringed upon;
- Security. The security measures regarding the personal data are established in such a way as to ensure an adequate level of security of personal data processed.
Security of personal data:
New Folder Stock certifies that it meets the minimum requirements of security of the personal data. New Folder Stock uses security methods and technologies in conjunction with policies for employees and working procedures, inclusively control and audit ones, in order to protect the personal data gathered according to the legal stipulations in force.
Rights of the targeted person (governed by the Law no. 677/2001):
- The right to obtain from New Folder, upon request and freely, the acknowledgement that the their data are or are not processed by New Folder;
- The right to obtain from New Folder, upon request and freely, the correction, updating, blocking or deletion of the data whose processing does not comply with the Law no. 677/2001, especially of incomplete or inaccurate data;
- The right to obtain from New Folder, upon request and freely, the transformation in anonymous data of the data whose processing does not comply with the Law no. 677/2001;
- The right to obtain from New Folder, upon request and freely, the notice to the third parties to whom the data about any operation performed were revealed, if such a notice is not impossible or it does not require disproportionate efforts by comparison with the legitimate interest that might be harmed;
- The right to challenge at any time, for judicious and legitimate reasons, their data being processed, except for cases in which there are no contrary legal stipulations; in case of a justified challenge, the said data may no longer be processed;
- The right to lodge a legal action for the defense of any rights guaranteed by law, which were infringed upon. In order to claim the infringement upon the rights guaranteed by the Law no. 677/2001, the persons may contact the National Authority for Supervision of Personal Data Processing and/or the courts of law.
Please contact New Folder Stock. Any inquiries or comments you wish to make as regards this confidentiality policy or the confidentiality practices of New Folder, as well as any requests for accessing your personal data held by New Folder should be sent to the following e-mail address:
Version updated on 07.07.2014 by www.studiolegal.ro
New Folder personal data operator registered with A.N.S.D.C.P. under no.22609
1. General terms and conditions (called hereinafter G.T.C.) for using the website:
1.1. The general terms and conditions represent the basic contractual agreement between the Beneficiary/Client and the owner/operator www.newfolderstock.com (NEW FOLDER S.R.L., RO10345253, Romania, Baia Mare, 12 Plaiului St., Maramureş county, J24/190/1998).
1.2. Please read and review this document in its entirety, before continuing to use the website or before downloading any image.
1.3. By using this website, the Client agrees to observe the general terms and conditions included herein. If the Client does not agree on the G.T.C. hereinafter, it is kindly requested not to use this website.
1.4. This website is owned and operated by New Folder. The entire content provided or posted on this website, including without being limited to texts, graphics, photos, films, video recordings, sounds, illustrations and software (called “Content” in this document) is held by New Folder from the persons it acquired licenses from and from its content providers. The content consists of: images included in various main categories containing subcategories. The images wanted may be found by using the button “search”
1.5. All the components of the website including without being limited to the general design and the Content are protected by the moral rights and by copyrights, trademark rights and any other laws on intellectual and industrial property rights.
1.6. One click on the box with the content: “I agree on the terms above and on the processing of the data in the personal numeric code” has a contractual value between New Folder and the Client, who assumes thus all the rights and obligations arising from the provisions of the G.T.C. and the other documents mentioned hereby, according to the rules on remotely conclusion of contracts – electronic contracts.
1.7. Except for the approvals explicitly granted under another contract with New Folder or with any of its branches (concluded directly or remotely – electronic contract), neither part or component of this website or its Content may be copied, reproduced or forwarded by any means and any related rights shall remain the exclusive property of New Folder and of its branches, of the affiliated companies and of those from whom it acquired the possible licenses, if there are no written agreements to the contrary.
1.8. Any damage, expense or costs generated to New Folder to its branches or affiliated companies following the infringement upon the copyrights and the related rights as per this document or following the unauthorized use of the Content of the website shall be covered by the culpable person.
1.9. Any use of this website in connection to another website or to links the relevant website refers to does not result in any responsibility for New Folder, besides the ones set forth hereby.
1.10. These Conditions, the prices and content of the contractual terms regarding the granting of the licenses provided through this website may be amended or updated without any prior notice. The Client shall be informed of such updates regularly. Details about such updates may be found at the beginning of this document.
1.11. These Conditions, the Licensing agreement and the Confidentiality policy are governed and supplemented by the legal dispositions on remote contracts, on copyrights such as the Law no. 8/1996 on copyrights and related rights, on electronic contracts, among which we mention as an example and not as a limitation the dispositions of art. 1186 par. 2, art. 1200 par. 2, art. 1245 Civil Code., art. 2 letter a) and the following in the Ordinance 130/2000 on the consumer protection upon the conclusion and delivery of remote contracts and the Directive 97/7/CE of the European Parliament and of the Council of 20th May 1997 on the consumer protection under remote contracts, published in the Official Journal of the European Union (OJEC) no. L 144 of 4th June 1997, as subsequently amended.
2. Specific terms of using the website (The agreement between New Folder and the Client, regarding the use of the website):
2.1. The Client warrants that is of the legal age to use this website and to assume legal obligations arising from the use of the website.
2.2. The Client agrees and assumes responsibility for the use of the website by other persons through its account.
2.3. This website is made by New Folder and contains images, descriptions and presentations protected by the legislation on copyrights and related rights and which are the property of New Folder, of its branches and affiliated companies. The use of such images without a license is completely forbidden. For this purposes, we refer to the Licensing Agreement and the Confidentiality policy of New Folder.
2.4. New Folder through its website operates an online database of images (photographic works within the meaning of the Law 8/1996 on copyrights and related rights). The materials containing images shall be sent after the license is granted, exclusively in a digital format
2.4. The client is advised and assumes that no reproduction or communication of this website or of any of its images or contained images, including links or shots is allowed, without the express agreement of New Folder. If receiving such an approval, the Client shall observe it strictly, provided that any link or material in this website contains as an attachment these conditions, the licensing agreement and any reproduction bears the distinct signs regarding the copyrights and related rights or rights granted by New Folder.
2.5. The version of the G.T.C. valid as of the date of conclusion of this contract with the Client shall be the one applicable, according to the mentions under point 1.10. Any deviation, supplementation or conflict with these G.T.C. shall not become a contractual part, except if notified to New Folder and if the latter confirms in writing and explicitly all the aforementioned.
2.6. If the transmittal is performed and/or the possible use of the images electronically, the contractual relationship shall be established based on these G.T.C., the Licensing Agreement and the Confidentiality Policy, even if the images sent are not actually used. That is why we recommend the Client to review these documents whenever it uses the website.
2.7. After acquiring the license, the Client may keep a copy for its records.
2.8. The comments from users, the feedback and any other subscriptions: if at any time we shall provide facilities such as comments, feedback, suggestions or ideas, or if you send such topics to New Folder by email using our column Contact or directly by email or in any other manner, we consider that their simple submittal includes the agreement of the users to authorize us to use and reproduce any information or content provided, without any other express agreement from them, without having the obligation to fulfill the obligations regarding confidentiality in their respect, except for the ones included in the Confidentiality Policy and the ones set forth in the Law no. 677/2001 on the protection of persons as regards processing their personal data and the free movement of such data.
2.9. Errors, inaccuracy and omissions: occasionally and involuntarily on the website may appear errors, equivocal terms or omissions, which may have a relation to descriptions of images, prices, licensing terms, promotions, offers, limits of use and of validity. New Folder reserves the right to remedy any such errors and to modify or update the information or to remove such information at any time, without any prior notice (inclusively after the Client launched the order). We refer you for review also to the Licensing Agreement.
2.10. The colors and variations of images: we make serious efforts to display the colors as accurately as possible, to observe the resolution, the size of files containing the images posted on the website. We may not objectively warrant that the display of the Client/user will reproduce accurately the features mentioned above. Sometimes the images on the website may appear different as regards the coordinates aforementioned from the images purchased. New Folder does not warrant the accuracy of the information contained in the website.
2.11. The links to another website and to other services: the website may contain links to other websites, this not implying that accessing them generates, modifies or prevents some relationships between the Client, New Folder and the website whose link was accessed. The links to any websites are provided only for reasons of information or promotion and information of the users of this website.
2.12. The content of this website is provided as it is, without any warranties, involving or containing inclusively but without limitation marketability warranties, profitability warranties formed for a particular purpose or for covering a possible infringement on the intellectual property rights.
2.13. This website shall be used at the user’s risk and the latter assumes full responsibility for any costs related to this use. New Folder is not responsible for covering any damage, harm, costs or expenses arising from any use or defective use of any part of this website or which results from the violation of these dispositions, of the Licensing Agreement or of the Confidentiality Policy.
2.14. These conditions are governed also by the G.T.C. and by the legal stipulations mentioned under point 1.11 in the G.T.C., inclusively by the dispositions of the Law 677/2001 on the protection of persons as regards processing their personal data and the free movement of such data, New Folder being registered as such an operator under no. 22609.
By using the website, the Client agrees on observing the general terms and conditions included herein. If the Client does not agree on the G.T.C. above, it is kindly requested not to use this website.
Version updated on 01.07.2014 by www.studiolegal.ro
New Folder personal data operator registered with A.N.S.D.C.P. under no. 22609
1. Licensing conditions and terms:
New Folder Stock has the copyrights to any images belonging to the company, to be found on the official website. All the property images of New Folder S.R.L. are provided under license. Each license sold is within the scope of these Licensing Conditions and Terms.
Contract – any written agreement concluded between New Folder and you, whereby you gain access to the website content, or any license of use provided individually by New Folder to you as regards one or several images;
Image author – is New Folder and the collaborator photographers of New Folder, who make the images available to New Folder for the purpose of their being resold to third parties/beneficiaries;
Collaborator photographer – any professional photographer assigning its rights in favour of New Folder and who has the obligation to warrant that it has the legal property right and copyright to its works;
Beneficiary of the license of using the image (“licensee”) – is the person that, under the contract concluded with New Folder and after the payment of the price established, has the right to use the image the contract was concluded for, especially for commercial use (in subsidiary, for personal use).
License – right to use, for commercial or personal purposes, the image for which you paid the price (compensation) established under the contract concluded with New Folder and for the license period established; the license granted is not exclusive; the beneficiary (“licensee”) may acquire an exclusive license after paying the price negotiated directly by the parties; if an exclusive license is acquired, the image that is the subject matter of the said license shall be withdrawn irrevocably from the website (newfolderstock.com), and it may not be resold; the image you acquired a license of use for may not, under any circumstances, be used as a registered mark or for any illicit purpose ;
License period – the period of using a license as granted to you under a Contract;
Login (account) – the data regarding the username and password to be made following the login and required for viewing the content of the website and for receiving the services provided by it;
Website – the official website of New Folder: www.newfolderstock.com and the other existing sub-domains;
In order to receive the services provided by us, it is necessary to enter some of your data. You have the obligation to enter complete and accurate data. All the data should be completed in the order established on the website and under the conditions stipulated by these dispositions.
You have the obligation of confidentiality as regards your login data so that to prevent your account (login data) from being used by other persons. In this way, we are able to prevent your data from being used by other persons and you have the obligation to inform us if you consider or notice that your login data are being used by other persons.
The licensing conditions provided by New Folder upon request as established below, notwithstanding the mode of purchasing or any notice to New Folder before or after purchase:
The purchaser has to comply strictly with these Licensing conditions and terms, which include limitations of use such as the ones related to the duration of license, the mode of use allowed, the volume of use and/or the territory of use. Any use that exceeds these limits shall be considered infringement on the copyright to the relevant image and New Folder may impose the obligation on the relevant person to cease the abusive use and pay damages, which may include moral compensation for harming the public image of the company.
The images approved by New Folder may be cropped, modified in terms of color, unless there is a clause to the contrary. All these modifications should be reasonable in character and it is forbidden to alter or use them in a manner that may harm the image of the company New Folder or may cause damages to the property of this company. These limits of the right to use the images include their use for the purpose of supporting any kind of violence, for the purpose of promoting the use of any kind of weapons or for promoting the use of illegal drugs or in connection to any kind of pornography. The limits mentioned are illustrative and not comprehensive in character.
If you have any doubts regarding the limits of the right to use the images, please contact the company New Folder in order to confirm the purpose for which you request the license of use.
Please read and review this document in its entirety, before continuing to use the website or before downloading any image.
By purchasing the right to use images, the Client agrees on observing the Licensing Conditions and Terms hereby. If the Client does not agree on the LCT in this document, it is kindly requested not to purchase the right to use images.
4. Acquiring a license of use:
The stages required for acquiring a license: creation of a direct account on the website or link to the Face Book profile; one should search for the image wanted, access the image and push the button “my image”; the prices for acquiring the license vary depending on the resolution of the image requested; at the same time, the beneficiary should also check various options regarding the image for which it wants to acquire the license, depending on which its price varies.
Lightbox is the option on the website which makes possible for the beneficiary/client to view the image before purchasing the license; such a view may be also sent to a third party but only for the purpose of being viewed.
You may send the request for acquiring a license to use an image by completing the standard form on the website. By requesting a license, you warrant you have the right to do it. With your request, New Folder shall sent its approval or request further information before sending its approval for a license for the relevant image.
Please be advised that the terms of the license granted, established by mutual agreement, shall be applicable together with these Licensing Conditions and Terms to your right to use the relevant image. The cases in which any additional or different condition or term, included or attached to any notice addressed to the company New Folder by you or any other person in your name may become a part of the conditions and terms of any license granted by New Folder are ruled out, and any such additional or different terms are considered inapplicable and ruled out.
5. Payment and provision of images:
If you accept the conditions and terms in the agreement received, you should make the payment using the page “Payments” (these payments are made through secured links to a payment service provider, such as PayPal on the PHOTOSHELTER.COM platform, a platform on which the website NEWFOLDERSTOCK.COM is created and operates). After the payment is authorized, you will receive an email confirming the license for the images you ordered, together with an order number, a password and a link to an address from where the image is to be actually downloaded. New Folder is not responsible for the activity of the payment service provider selected by you. It is possible to appear a delay in the access to the image for which you acquired the license of use.
Notwithstanding the conditions and terms of the license acquired, the image may be downloaded only within 7 days, a term required for checking the manner of operation of the platform, for avoiding the appearance of any problem upon acquiring the image requested, from the receipt of the email aforementioned. If you do not fulfill your obligation to download the image within this period of time, you will have to contact the company New Folder in order to establish special modes of downloading, for which you should pay an additional administrative fee. If New Folder agrees on providing you with an image in a physical format, the packaging and mailing expenses shall be borne by you.
If you choose to make the payment based on the invoice issued by New Folder, the payment term is 10 calendar days since the date of issuance of invoice, and the use of the image after the falling due date without settling your payment obligations is considered illicit use.
If you become aware of any use without a license of the images provided to you by New Folder, you have the obligation to notify the company forthwith and to take all the reasonable measures to provide assistance to the company New Folder for acting against the unlawful user, upon the request of the company.
An invoice and receipt are to be issued for the price of the license of use.
6. Modifications, errors or cancellations:
It is your obligation to notify New Folder forthwith of any error occurred upon the delivery of the image for which you received a license so that this error may be remedied, enabling you to download the image. The delivery of a wrong image against the one requested and for which you received the license does not mean that the license was granted for this image and you have the obligation to delete all its copies immediately after you identify the error. Once the purchase is processed, you do not have the possibility to modify or cancel it. In no case are you to receive refunds and no credits shall be granted.
The copyrights to any images for which you received the license of use are acknowledged and warranted pursuant to the Law no. 8/1996 on copyrights and related rights.
The images on the website are subject to copyright pursuant to art. 7 letter f) in the Law no. 8/1996 on copyrights and related rights.
Moral rights of New Folder to the images on the website:
The right to decide if and in what manner and when the image is to be made public;
The right to request the recognition of the copyright to the image;
The right to decide under what name the image is to be made public;
The right to request the observance of the integrity of the image and to challenge any modification, as well as any harm to the work, if they damage the honor or reputation of the author;
The right to retract the image, indemnifying, if applicable, the holders of the rights of use, harmed by such a retraction;
New Folder has the exclusive property right to decide if, in what manner and when each image on the website is to be used, inclusively to consent on the use of any image on the website by others, based on a license of use.
The use of an image from the website creates individual and exclusive property rights of New Folder to authorize or forbid the reproduction of image, the distribution of image, the rental of image, the lease of image, the public communication, directly or indirectly of the said image, by any means, inclusively by making the image available to the public, so that it may be accessed in any place and at any time individually by the public, creating derived images.
The license granted individually to an image on the website means that the said image is made available for being used (rental within the meaning of the Law no. 8 of 1996 on copyrights and related rights) for a limited period of time, not excluding the use for obtaining an economic or commercial, direct or indirect benefit.
8. Limits to the right to use the image:
The license granted has as its subject matter the rental of the image, respectively its being made available for the use of the beneficiary (“licensee”) for a limited period of time and for an economic or commercial, direct or indirect benefit.
The license granted may not be transferred in any form to another person (the distribution of the image is forbidden). The image may be reproduced, especially for a commercial use, the personal use not being excluded and during the limited period for which the license is valid (it is not forbidden to make copies of the image, but it may be reproduced only once – for several reproductions, one should negotiate directly with New Folder and pay an additional price). The image may not be distributed, assigned, rented, may not be imported (art. 14 point 2 Law no. 8/1996), leased, (sub)leased/resold or disposed of in any other way or posted on any other website by the beneficiary of the license of using the image. The image may not be the subject matter of a loan within the meaning of the Law no. 8 of 1996 on copyrights and related rights. In principle, based on the license acquired, the image may not be presented publicly (pursuant to art. 15 in the Law no. 8/1996) by the beneficiary of the license of use (even if this is not individual and may be used by you also for commercial purposes, with a view to obtain some economic or commercial benefit). In order to acquire also the right to present publicly the image for which you acquired a license, you should obtain the prior approval of New Folder, following some direct negotiations, in the conditions mentioned hereinafter.
The beneficiary of the license of use does not have the right to make derived works (as per the definition set forth in art. 8 Law no. 8/1996). New Folder has the exclusive property right to authorize any transformation of the image through which a derived image is created. For any action of making a derived work/image, the prior approval of New Folder is required.
By the public presentation, the beneficiary obtains an indirect commercial and economic benefit, through the right to advertise the company/the company clients or its products by means of the licensed image. If one wishes to acquire such additional rights of use, respectively public presentation, for obtaining such a benefit, you should contact the company New Folder for a possible negotiation in this respect.
If you wish to present publicly or to make available to the public the photographic work for which you acquired a license of use from New Folder, in other terms than the ones posted on the website, you have the obligation to contact us for establishing the contractual conditions under which you are to acquire the right to proceed in this manner.
9. Extension of license:
If you wish to use the image for other purposes than the ones set initially, the parties should conclude another written agreement and the payment of an additional amount is required.
The liability of the company New Folder for any cause related to the provision of images is limited to the payment made by you for the relevant image up to the limits established by law and with the exceptions set forth by the Romanian law governing the consumer protection. The liability is based on the express or implicit warranties set forth by law.
The liability of the company New Folder is limited to the mode of use for which the license was granted to the Beneficiary. New Folder does not grant any right and no warranty regarding the use of names, trademarks, copyrights to fine art works, architectural works, registered or not, regarding the portraits of the people appearing in the images for which the license of use was acquired (pursuant to the Law no. 8/1996 on copyrights and related rights and to the Civil Code).The beneficiary takes responsibility for using the image in manners that might harm the authors or the holders of the copyrights to the relevant works. The beneficiary has the obligation to make sure that it acquires all the rights or consents required regarding any of those mentioned above, for the purpose it uses the image for.
The use of the image for which the license was acquired in a manner that is not expressly authorized through the license and these conditions (i) may be an infringement on property rights and copyrights of the company New Folder or of a third party and (ii) may result in the obligation of the beneficiary of the license to cover all the damages caused by such a use, inclusively the possible damages arising from any claims for the infringement upon the intellectual property rights or the property rights of the company New Folder or of some third party.
11. Refund policy:
No refund or reimbursement is allowed. Except when the image the license was acquired for is not consistent technically (apparent defect – as for ex., blurred image, noise) with the image for which the license was bought for, in such a case the relevant image being replaced with another appropriate image by New Folder.
12. Governing law:
These conditions and terms and any license that you might acquire for using an image belonging to the company New Folder are governed by the Romanian law.
The protection of the personal data provided to us by you during sale is important for us. Please consider and review the Confidentiality Policy of the company New Folder.
You may contact New Folder electronically at the following e-mail address: