Terms of purchase

Terms and conditions for purchases from Johnér Bildbyrå AB (hereinafter “Johnér Bildbyrå”). For definitions and terms used in these contractual terms, see section 10. If the person entering into this agreement does so as a representative of their employer or another legal entity, this agreement shall apply both to that person and to the person’s employer, hereinafter defined as the Product User. If the person’s employment should terminate, only the Product User, not the individual, shall be entitled to continue using the Product purchased under this agreement. A Product provided by the Agency may only be used with the Agency’s permission. The right to use the Product is agreed at the time of ordering and is specified in the Confirmation. The Confirmation forms part of these terms and all references to these terms include the Confirmation. Use of a Product without such permission constitutes, in addition to breach of this agreement, copyright infringement, which may entail criminal liability. By downloading a Product digitally, an agreement is entered into with the Agency under the terms that at the time of each download are published online at www.johner.com/en_US/terms/eula.php. Downloading a Product means that these terms are accepted by you/the Licensee. If you are an intermediary (including, but not limited to, an advertising, design or web agency), the Product may only be used for a Licensee who agrees to be bound by the terms of this agreement. The Licensee is specified at the time of download and is the party holding the publication rights. By accepting this agreement, you certify that your Licensee agrees to the terms of this agreement. 1. Use of Products Full rights under these terms to use the Product are obtained when the Product is ordered from the Agency, the Agency’s Confirmation has been received, and payment has been made. When ordering, the Product must be specified and appear in the Confirmation. Use of the Product may begin after the Confirmation has been received, but before payment has been made. The ordered Product may thereafter be used in accordance with this agreement unless otherwise clearly stated in the Confirmation. All usage rights are non-exclusive unless otherwise clearly stated in the Confirmation. Products may be available to a maximum of ten (10) persons unless otherwise clearly stated in the definition for the relevant service in section 10 (Definitions) below, or otherwise agreed at the time of ordering and stated in the Confirmation. Products may only be published in accordance with the press ethical/publicity rules. Products may not be edited and/or manipulated in a manner that violates or infringes the model. Products featuring models may not be published in contexts that may be perceived as offensive to the model. Particular caution should be exercised when publishing in so-called sensitive contexts relating to, for example, but not limited to, sex, politics, medicine, dating, substance abuse, mental illness, and physical or mental disability. In such sensitive publication, it must be clearly stated that the depicted person(s) have nothing to do with the article/context, for example in a caption or line of text with the published Product. What may be perceived as offensive can be difficult to assess in certain cases. If you are unsure about how the Product may be used, please contact us for advice and, where necessary, to obtain specific permission from the model. For electronic publication of a Product, for example on the internet, screensavers, electronic postcards or newsletters, the Product must not be made available in a way that makes it appear to third parties that it is free to copy, download, extract, forward, or otherwise redistribute and publish with a sender other than the Licensee’s. The photographer’s name/Agency name shall, in accordance with copyright law, be stated where possible upon publication or other use of the Product. Subject to the above, Products may not be used in any commercial context where the Product constitutes a significant part of the final product’s sales value, for example, but not limited to, the use of Products for screensavers, postcards or posters. Furthermore, Products may not be used on product packaging in more than 100,000 copies. For more information regarding this, please contact the Agency at +46 (0)8-644 83 30 or info@johner.se. 2. Right of Use After payment, the Licensee is only entitled to publish the Product and has no commercial right to resell or transfer the Product to any third party. 3. Cancellation In the event of cancellation of a Product within 30 days from the order date, the Product User is obliged to pay only half of the invoiced cost for use of the Product, provided that the Product has not been published. In the event of later cancellation, no deduction from the agreed Product cost will be granted. 4. Costs and Payment The cost for use of the Product, including delivery and handling costs, is stated in the Agency’s Confirmation. If the user chooses to split the payment for the Product, the user accepts payment responsibility for the order’s total amount for the entire period. Payment terms for the Confirmation are 20 days net unless otherwise agreed. In the event of late payment, default interest will be charged at 8% above the applicable discount rate (diskonto), as well as the statutory reminder fee. 5. Limitation of Liability The Agency is entitled, via the respective copyright holder, to grant usage rights to Products published on the Agency’s website. The Products made available through the Agency’s website do not, under Swedish law, infringe any third party’s intellectual property rights. The Agency assumes no responsibility for any Product that is cropped, retouched, or otherwise altered from the appearance the Product had upon delivery to the Product User. When Products are used in sensitive contexts pursuant to section 1 without a specific agreement with the model, the Product User undertakes to compensate the Agency for any damage. Rights to Products are non-exclusive and any damages suffered by the Product User as a result are not compensated by the Agency. The Agency’s liability for damages is always limited to the total amount invoiced by the Agency for the Product. This limitation of liability does not cover the Agency’s obligation to comply with the requirements of the GDPR regarding necessary consents for depicted persons in the Product. 6. Liquidated Damages If the Product User uses/publishes the Product without having received confirmation or made payment, or if the Product is otherwise used in a manner not permitted under this agreement or the Confirmation, the Product User undertakes to pay the Agency liquidated damages in the amount of the greater of (a) ten times the amount the use of the Product would have cost, or (b) SEK 50,000. Unauthorized use also entitles the Agency to terminate entered agreements with the Product User with immediate effect without refund of any invoiced amount. If the Product User breaches any of the other contractual terms, the Product User is obliged to remedy the breach immediately upon becoming aware of it. The Product User also undertakes to hold the Agency harmless if the breach has caused economic loss to the Agency, depicted models, or property. 7. Digital Processing The Product User is responsible for making any corrections to the digital Product that are required for the best final result upon publication. The Agency provides no compensation for unsatisfactory results. 8. Disputes Any dispute arising out of this agreement or related legal relationships shall be settled by a Swedish court under Swedish law. 9. Priority of the Confirmation If any term in the Confirmation conflicts with a term in this document (“Purchase Terms”), the terms of the Confirmation shall prevail. 10. Definitions “Confirmation” “Confirmation” refers to, but is not limited to, an invoice, order confirmation, receipt, or agreement sent by the Agency upon ordering. “Product User” “Product User” means the specified contracting party/parties in the Agency’s confirmation. “Licensee” “Licensee” means the individual legal entity that holds the right to publish the Product, unless otherwise stated in the Confirmation. Where the Product User is an intermediary, the Product User and the Licensee are different parties. A Product User acting as an intermediary undertakes to state who the Licensee is at the time the Product is downloaded. Where the Product User is not an intermediary, the Product User and the Licensee are the same party. “Service” “Service” refers to, but is not limited to, Subscription, Package, Assignment, or any other service offered by the Agency from time to time. “Product” “Product” means all media offered by the Agency from time to time. Product includes, but is not limited to, still images, video clips, vector graphics, illustrations, and audio. When purchasing a Product, a right of use is obtained, granting a Licensee the right to publish the Product in accordance with these terms of use. A Product may be purchased with different types of usage rights, including but not limited to Editorial usage rights, Single-Use Publication, Rights-Managed (RM), or Royalty-Free (RF) usage rights. “Royalty-Free (RF)” A Royalty-Free license means a usage right without a time limit, but it may also apply with limitations, e.g. in time, media and/or per Market. The applicable usage right is stated in the Confirmation when purchasing a Product. “Single-Use Publication” “Single-Use Publication” means that a Product may be used for one (1) specific publication, such as in a blog post, a webpage, a page in a digital publication, a social media post, or another corresponding single use. If a Product downloaded under Single-Use Publication is to be used in another publication, a new download is required to obtain a new license for that other publication. “Rights-Managed (RM)” “Rights-Managed” means a one-time license for a Product that applies for a predetermined use, time, Market and/or print run/circulation. It cannot be renewed by a new download in the same way as Products under the definition “Single-Use Publication”. “Editorial usage rights” A Product with editorial usage rights only may not be published in any commercial context. The Product may only be used for one insertion and in an unaltered form. “Package” When purchasing the Package and/or Subscription service, the right to download a limited number of Products is purchased for a period of one year (365 days), unless otherwise stated in the Confirmation. The maximum number of Products that may be downloaded during the period is stated in the Confirmation. Day one of the period is the day the Confirmation was received. A downloaded Product may be published under a Royalty-Free (RF) usage right by a Licensee unless otherwise clearly stated in the Confirmation. “Subscription” When purchasing the Subscription service, a number of Downloads of non-unique Products is purchased. This means that when purchasing Downloads, one (1) individual Product may be downloaded, for example, ten (10) times, whereby ten (10) Downloads have been consumed. Products downloaded within a Subscription may be available to a maximum of one (1) person unless otherwise agreed at the time of ordering and stated in the Confirmation. The email address linked to the Subscription may only be accessible to one (1) person. No other individuals, including colleagues, may access, download, use, or store the file downloaded within a Subscription unless otherwise clearly stated in the Confirmation. The number of Downloads during a period is determined by the chosen commitment period at the time of purchase, unless otherwise stated in the Confirmation. Day one of the period is the day the Confirmation was received. The Subscription is automatically renewed for a new period corresponding to the commitment period chosen at purchase, unless the service is terminated in writing before the new period begins or otherwise stated in the Confirmation. “Subscription Standard” Products downloaded in the Subscription Standard service may be used in any own media, digitally and in print. A downloaded Product may be used under a Royalty-Free (RF) usage right. All Products that have been downloaded but not published during the time the subscription was active must be deleted upon termination. The terms in section one (1) continue to apply even after termination. “Subscription Small/Medium” These services provide the Product User with an unlimited number of Downloads during the period determined at the time of ordering. Products downloaded in these services may only be published in digital channels. A downloaded Product may be published under Single-Use Publication on the Licensee’s own platforms and in the Licensee’s own channels by one (1) Licensee, unless otherwise stated in the Confirmation. These services include the possibility, during the current subscription period, to purchase (per product) an additional Royalty-Free license in the same or larger file size with unlimited usage rights at a discounted price. Upon termination of the subscription, a used downloaded Product may be kept where it has been published but may not be used again. All Products that have been downloaded but not published during the time the Subscription was active must be deleted upon termination. The terms in section one (1) continue to apply even after termination. “Subscription Large” For this service, the same definition applies as for Subscription Small/Medium, with the addition that the usage right also includes the possibility to use the Product in printed media. “Market” A Market is defined as the country where the target audience for the publication is located. The publication right always includes one or more markets, as stated in the Confirmation. Interpretation clause: In the event of any discrepancy or interpretation issue, the Swedish language version shall prevail. Effective 2025-12-06