© Philipp BenguelThe provisions are set out in the original German version. This translation into English is for your information only and is not legally binding.
The Stockarchive www.BolderVisuals.com (.ch and .de) is a project of the Designbüro Benguel in Zurich (Switzerland) represented by Philipp Benguel. BolderVisuals serves you to acquire the rights to use visualisations, graphics, designs and animations for commercial purposes such as advertising, marketing and design purposes for holistic corporate communication and for editorial purposes such as newspapers, magazines or television news. BolderVisuals provides marked previews of the products free of charge and exclusively for their internal coordination and customer presentations. With the purchase of a product for which a fee is charged, you receive a licence to use the product within the terms and conditions set out in these terms and conditions and the following licence agreement. Details of usage rights and conditions can be found in the following General Terms and Conditions, the Copyright Declaration and the Licence Agreement. Please read them carefully
By using this website and the products sold here, you agree to the General Terms and Conditions and Licence Conditions (hereinafter referred to as „Terms and Conditions and Licence Condi- tions“) of BolderVisuals, represented by Philipp Benguel. DO NOT USE THE WEBSITE OF BOLDERVISUALS AND THE RIGHTS OF USE TO BE ACQUIRED THEREON IF YOU DO NOT AGREE WITH THE CONDITIONS
There is a reservation for possible and future adjustments of the general terms and conditions and licence conditions. You undertake to read the terms and conditions and licence conditions carefully before purchasing one or more products and agree to any adjustments by using the products. The GTC‘s and licence conditions current at the time of purchase shall apply to the use and provisions of the products.
If you act contrary to these terms and conditions, your right to access the Website and your right to use the Products shall automatically terminate with immediate effect. By using the website and the products, you confirm that you are of legal age (at least 18 years) and legally competent.
Philipp Benguel (founder of the BolderVisuals project) is the author and sole owner of all unrestricted rights to the products offered on the website www.boldervisuals.com as well as to the website, its design and content
The products, design, animations, graphics, web design as well as texts and contents are protected by intellectual property rights and may under no circumstances be used, copied, sold, pu- blished or used in any other form than permitted by the licence agreement without legal acquisition and within the licence conditions or written consent of Philipp Benguel. You may not copy, publish, use as a template for derivative works, market, rent, license, sell or hold yourself out as the author of the products, the website, its content or design.
BolderVisuals.com serves you to acquire the rights to use visualisations, graphics, designs and animations for commercial purposes such as advertising, marketing and design purposes in holistic corporate communication and editorial purposes such as newspapers, magazines or television news. Through the themes, formats and sizes offered, it is geared towards the creative industry, advertising industry, design industry, event industry and architecture industry, but can also be used by other industries not mentioned here for their communication. With the purchase of one or more products, the licensee receives a licence-free right of use for the respective product from the licensor (Philipp Benguel).
Please note that licence-free does not mean free of charge and without conditions, but the legal purchase of a licence from www.boldervisuals.com grants you the right to use the product for an unlimited period of time, geographically and in the number of applications.
With the purchase of our products you acquire a temporally and geographically unrestricted right to use the product. This right is not exclusive. This means that BolderVisuals has and retains the right to sell and offer the same or unequal rights to use the product to other customers without restriction. With the licence you receive the right to use the product for an unlimited number of applications. This means that you may use the product for as many applications as you wish, within the terms and conditions set out in this licence agreement. You may adapt the design of the products, e.g. change colours, retouch, add elements to meet your customers‘ needs and use them within the terms of use. However, you may never claim to be the author of the product and you may not register it, for example, as a design patent or trademark element.
You have no right to resell or re-sell the product (with one exception see below). You may not market and present the products as your intellectual property, modify them and then market them as your work, use them as a design template and then sell them. You also have no right to give the product away - the licence to use it is tied to the buyer, the buyer‘s client or the buyer‘s employer.
You may only resell the product and the associated licence if you have acquired it as an advertising or design agency on behalf of your client and the client wishes to use it for his advertising measures. In this case, the right of use lies with your client and you as the agency, provided that the client commissions you to do so. The right of use is exclusively bound to projects that you realise for one client. You may not use it for your own e.g. agency advertising independently of the client. You are allowed to use the product e.g. in a showreel or as a reference project as long as the visual representation makes it unmistakably clear that the product is assigned and associated with the respective client.
For layout purposes, you can download a collection of the respective product marked with a „watermark“ (BolderVisuals logo, URL and author Philipp Benugel) under „Download all Previews“. This collection consists of 4 files: 2 images in the size „M“ each in landscape and portrait format, as well as 2 animations in the size „WebHD“ each in landscape and portrait format. Bol- derVisuals makes these available to you free of charge for internal coordination, e.g.: for presentations during the design process. These „watermarked“ previews may not be published. It is forbidden to remove the watermarks and to change copyright notices.
Only a licence purchased through our website or written permission from Philipp Benguel allows you to use the product under this licence agreement.
You acquire the right to use the products e.g. for advertising measures online and offline. To support brand communication and messages, e.g. for websites, advertisements, magazines, social media, television, blogs, city lights, posters, at trade fairs and events and spatial communication, e.g. for museums, road shows and business premises. Excluded are the areas listed under „non-permissible use“. On the „Product & Price“ page at www.boldervisuals.com you will find a list of possible applications for the respective product formats and sizes. These do not constitute a guarantee or defini- tive suitability for the specified purposes. The final assessment of a suitability for use is your responsibility and expertise.
It is also permitted to use the products for editorial purposes such as newspapers, news, magazines and blogs. The source reference www.boldervisuals.com must be placed directly on the image or next to it. It can be discreet but must be legible and clearly recognisable.
In general, you may not use Boldervisuals products for products that serve direct sales. This does not apply to editorial purposes such as magazines or newspapers. For example, you may not print and produce clothing, cushions, bed linen, calendars, tableware or any other products with them and then sell or offer them online or offline. However, they would be allowed to print it on a T-shirt as a promotional gift for employees or customers and give it away, or use it as clothing for promoters on a promotional event such as a roadshow, for example. You may not use BolderVisuals‘ products for the packaging of your products for the purpose of selling the product. For more extensive special licences, please contact service@boldervisuals.com. Every agree- ment and special agreement is only valid in written form.
Furthermore, it is forbidden to use the products of BolderVisuals for illegal, fraudulent, extremist, pornographic and for any „human dignity“ despising content. For example, populist, extreme right-wing and all right-wing movements and parties are prohibited from using BolderVisuals products for their own purposes.
BOLDERVISUALS RESERVES THE RIGHT TO REVOKE LICENCES PURCHASED BY YOU IN THE EVENT OF INFRINGEMENTS OF COPYRIGHT, GENERAL TERMS AND CONDITIONS, LICENCE CONDITIONS AND LAWS. IN THE EVENT THAT A LICENSE AND/OR PRODUCT PURCHASED BY YOU IS REVOKED, WE WILL NOTIFY YOU BY EMAIL TO THE EMAIL ADDRESS ON FILE IN YOUR ACCOUNT AND YOUR RIGHT TO USE THAT PRODUCT WILL AUTOMATICALLY TERMINATE WITH IMMEDIATE EFFECT. IF THE REASON FOR REVOCATION IS ON THE PART OF THE LICENSOR, YOU WILL RECEIVE A REPLACEMENT PRODUCT OF YOUR CHOICE IN THE SAME FORMAT AND RESOLUTION OR, IF YOU WISH, A REFUND OF THE COST OF THE LICENCE WITHIN 14 WORKING DAYS. ANY FEES FOR PAYMENT SERVICE PROVIDERS WILL NOT BE TAKEN INTO ACCOUNT. FOR ANY MATERIAL, IMMATERIAL AND FINANCIAL DAMAGE OR CONSEQUENTIAL DAMAGE OF ANY KIND, CLAIMS FOR DAMAGES ARE GENERALLY EXCLUDED. AN EXCEPTION EXISTS IN THE CASE OF INTENTIONAL OR GROSSLY NEGLI- GENT CONDUCT ON THE PART OF THE LICENSOR (SEE UNDER WARRANTY/ DISCLAIMER).
The usage agreement is basically unlimited in terms of time and geography. This means that you can use the product worldwide as long as you adhere to the rules and regulations listed here. However, if the licence is withdrawn or revoked, you are prohibited from using the product with immediate effect and are obliged to permanently delete the digital product and any copy thereof within 7 days.
BOLDERVISUALS ATTACHES GREAT IMPORTANCE TO THE HIGH QUALITY OF ITS PRODUCTS AND CARRIES OUT MULTI-LEVEL QUALITY CONTROLS BEFORE EACH UPLOAD OF DATA. HOWEVER, BOLDERVISUALS AND ITS REPRESENTATIVES ARE EXPRESSLY EXCLUDED FROM ANY LIABILITY FOR THE ACCURACY OF THE WEBSITE, ITS CONTENT AND THE PRODUCTS THAT CAN BE PURCHASED THERE. NO LIABILITY IS ACCEPTED FOR THE ACCURACY AND FREEDOM FROM ERROR OF THE DATA, NOR FOR ANY DETAILS OF THE DATA OR ANY OTHER QUALITY LIMITATIONS OF THE DATA. ANY LIABILITY FOR FURTHER PRODUCTIONS WITH THE PRODUCTS OF BOLDERVISUALS IS EXCLUDED AND LIES SOLELY IN THE RESPONSIBILITY OF THE PRODUCTION CLIENT, EXCEPT IN THE CASE OF INTENTIONAL OR GROSSLY NEGLIGENT BREACHES OF DUTY BY THE LICENSOR. IN THE EVENT OF DAMAGE DUE TO DEMONSTRABLY INTENTIONAL OR GROSSLY NEGLIGENT CONDUCT ON THE PART OF THE LICENSOR (BOLDERVISUALS AND ITS REPRE- SENTATIVES), LIABILITY SHALL BE ASSUMED FOR INCURRED AND PROVEN COSTS UP TO A MAXIMUM OF THE AMOUNT OF THE LICENCE PURCHASED AND PER LICENSEE.
CLAIMS FOR DAMAGES OF ANY KIND ARE EXCLUDED. LIABILITY FOR DIRECT DAMAGE, INDIRECT DAMAGE AND CONSEQUENTIAL DAMAGE THAT SHOULD RESULT FROM THE USE OF THE PRODUCTS AND/OR FROM THE USE OF THE WEBSITE WWW.BOLDERVISUALS.COM IS EXCLUDED.
BolderVisuals does not grant a general right of return. Despite quality controls, e.g. formatting processes can lead to image disturbances and quality restrictions in exceptional cases. In the event that you have downloaded incorrect product data from us, our free service will be happy to help you. You undertake to check the data within 7 days of purchase and to contact our service if there are any errors or faults in the data. After a period of 7 days your right to return, exchange or correct faulty data expires. Please contact service@boldervisuals.com directly for complaints.
www.BolderVisuals.com offers you the possibility to download the data in your account after purchasing a user licence. After purchasing a licence, they undertake to download the respective data within 24 hours and to save it as a backup copy on a storage medium. The accessibility of the website www.boldervisuals.com is not guaranteed.
You have the option to deactivate your account. This will delete your access to your account. If you wish to reactivate or permanently delete your account, please send your details to service@ boldervisuals.com. Your request will be processed within 14 days and confirmed to you by e-mail.
MWSTG Art. 10 2a - VAT exempt
Swiss law is exclusively applicable. The place of jurisdiction is Zurich
Status as of 13 July 2021
© Philipp Benguel