Terms & Licence Terms
General
Acceptance of the conditions
Copyright
Licence Agreement
Omnichannel Collection
General Uses
Editorial Uses
Non-permissible use
Recall clause
Termination of the User Agreement
Warranty / Disclaimer
Accessibility of the website
Purchase of exclusive use licences,
Extension of licence and buy-out
Value added tax
Applicable law and jurisdiction
Imprint
General
BolderVisuals is a service for computer generated 3D visuals and animations by Designbüro Benguel in Zurich. It offers exclusive and time-limited rights of use of the artworks from the online
archive on www.boldervisuals.com. Furthermore, the BolderVisuals service includes individual adaptations of the artworks from the archive and creation of new works especially for you.
Exclusivity is important to BolderVisuals. To this end, BolderVisuals grants exclusive & time-limited licences of use.
Artworks are removed from the online archive after a usage licence has been granted and are not available for further sale for the period reserved by the licensee. At the end of the period, the
current licensee has the priority right to an extension of the usage period or a buyout. After expiry of the period defined in the licence agreement, the right of use also expires and may no longer
be used for publications and communication measures (exceptions and details can be found here under licence agreement).
The regulations listed here give you an overview of the licensing conditions. The final licence agreement will be sent to you by e-mail when you purchase a licence for use. If you have any
questions about the provisions or requests for individual adjustments to the licence agreement, simply contact our service department – we look forward to hearing from you. Adjustments to
the licence agreement are only valid in written form.
Acceptance of the conditions
By using this website and the artwork and downloadable previews offered here, you agree to be bound by the BolderVisuals General Terms and Conditions of Business and Licence (hereinafter
referred to as „T&C‘s and Licence Conditions“) set out below. Do not use the Boldervisuals website or artwork unless you agree to these terms and conditions.
The T&C‘s and Licence Terms are subject to change in the future. The licence conditions sent to you at the time of purchase apply to the use and provisions of the artwork.
Sofern sie zuwider den Bestimmungen handeln erlischt ihr Recht auf die Nutzung der Artworks automatisch mit sofortiger Wirkung. Mit der Nutzung der Webseite und der Artworks bestätigen
sie, dass sie volljährig (mindestens 18 Jahre) und geschäftsfähig sind.
Copyright
Philipp Benguel (founder of the BolderVisuals project) is the author and sole owner of all unrestricted rights to the artwork 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, published 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 artwork, the website, its content or design.
Licence agreement
You acquire the exclusive right to use the artwork for the desired period. In order to ensure exclusivity, use is no longer permitted after the period. An exception are second instance recordings.
These include photographs and video recordings, e.g. of an event or a production, in which the artwork can be found as part of the image. For such documentation, the image material may be
used for an unlimited period of time. Likewise, in editorial online articles that have used our artwork for visual communication, the artwork may remain online for an unlimited period of time.
This is only allowed if it is published as an advertising measure by external providers (who do not belong to your company) (e.g. an article in an online magazine about your project with an
attached picture showing the artwork licensed from us). However, the articles must have been published during the valid licence period
Once you have purchased the exclusive right to use an artwork, it will be removed from the archive and will not be available for purchase by anyone else for the requested period.
You acquire an exclusive and geographically unrestricted right to use the Artwork. You may adapt the design of the artwork, e.g. make colour adjustments, retouch or add elements to meet
customer requirements and use it within the terms of use. However, you may never claim to be the author of the artwork and you may not register it as a registered design or trademark.
You have no right to resell or re-sell the licence (exception for agencies and freelancers see below) and to give it away – the licence to use is bound 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 or freelancer 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 the client commissions you to do so. The right of use is exclusively bound to projects
that you realise for this client. You may not use it for your own e.g. agency advertising independently of the client. You are permitted to use the product for the period of the licence, e.g. in a
showreel or as a reference project, provided that the visual representation makes it unmistakably clear that the product is assigned to the respective client.
For layout purposes, you can download a collection of the respective artwork marked with a „watermark“ (BolderVisuals logo, URL and author Philipp Benugel) under „Download Previews“.
This collection consists of 4 files: 2 images in reduced size, each in landscape and portrait format, as well as 2 animations in WebHD size, each in landscape and portrait format. BolderVisuals
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 references to the author.
Only an acquired and fully paid licence or a written confirmation from Philipp Benguel allows you to use the artwork.
Omnichannel Collection
The artworks in the archive are all structured as omnichannel products. This means that each product originates as a conceptual work and is offered in a total of 4 different formats as a full
collection. You purchase the work as images and as animations in the infinity loop. Each in landscape and portrait format. In this way, BolderVisuals offers you a wide range of uses.
General uses
The artworks are created for commercial purposes such as advertising, marketing and design purposes in holistic corporate communication. The themes, formats and sizes offered are geared
towards the creative, advertising, design, event and architecture sectors, but can also be used for communication measures in other sectors not mentioned here.
You acquire the right to use the products, e.g. for online and offline advertising measures. 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. The areas listed under „non-permissible use“ are excluded. The final assessment of a suitability for use is your responsibility and expertise.
Editorial purposes
It is also permitted to use the artwork 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 – please note that the use is limited in time.
Non-permissible use
In general, you may not use the artwork of Boldervisuals for products that serve direct sales unless this has been agreed upon in writing. This does not apply to editorial purposes such as
magazines or newspapers. For example, you may not print and produce clothing, pillows, 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 on and give away a T-shirt as a promotional gift for employees or customers, or use it as clothing for promoters on a promotional event such as
a roadshow. You may not use BolderVisuals‘ artwork for the packaging of your products that are used to sell the product and are sold after the licence period – for this we recommend a buyout
of the artwork. For more extensive special licences, please contact service@boldervisuals.com. Every agreement and special agreement is only valid in written form.
Furthermore, it is prohibited to use the artwork 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
Rückrufklausel
BOLDERVISUALS BEHÄLT SICH DAS RECHT VOR, BEI VERSTÖSSEN GEGEN DIE URHEBERRECHTE, ALLGEMEINEN GESCHÄFTSBEDINGUNGEN, LIZENZBESTIMMUNGEN UND
GESETZE VON IHNEN ERWORBENE LIZENZEN ZU WIDERRUFEN. FÜR DEN FALL, DASS EINE VON IHNEN ERWORBENE LIZENZ UND / ODER PRODUKT WIDERRUFEN WIRD, INFORMIEREN WIR SIE PER E-MAIL UND/ODER TELEFON. LIEGT DER GRUND DES WIDERRUFS AUF SEITEN DES LIZENZGEBERS SO ERHALTEN SIE EIN ERSATZPRODUKT IHRER WAHL
ODER WENN SIE ES WÜNSCHEN INNERHALB VON 30 WERKTAGEN DIE KOSTEN FÜR DIE LIZENZ ERSTATTET. FÜR ETWAIGEN MATERIELLEN, IMMATERIELLEN UND FINANZIELLEN
SCHADEN ODER FOLGESCHÄDEN JEGLICHER ART SIND SCHADENSERSATZANSPRÜCHE GRUNDSÄTZLICH AUSGESCHLOSSEN.
Termination of the user agreement
The period of use is generally limited in time – as long as there is no buy-out of the artwork. This means that if you adhere to the rules and regulations listed here, you can use the product
worldwide for the period you paid for.
However, if the licence is revoked for good reason, 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.
Warranty / Disclaimer
BOLDERVISUALS ATTACHES GREAT IMPORTANCE TO THE HIGH QUALITY OF ITS PRODUCTS AND CARRIES OUT MULTI-LEVEL QUALITY CONTROLS. HOWEVER, BOLDERVISUALS
AND ITS REPRESENTATIVES ARE EXPRESSLY EXCLUDED FROM ANY LIABILITY FOR THE ACCURACY OF THE WEBSITE, ITS CONTENTS AND THE PRODUCTS THAT CAN BE PURCHASED THERE. NO LIABILITY IS ACCEPTED FOR THE ACCURACY AND FREEDOM FROM ERROR OF THE DATA OR 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 AND EXPERTISE OF
THE PRODUCTION CLIENTS AND/OR PRODUCERS.
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 WWW.BOLDERVISUALS.COM WEBSITE IS EXCLUDED.
Exchange / return policy
BolderVisuals grants a general right of withdrawal of 7 days after issuing the data and licence agreement. Your design processes and brand strategies may change – BolderVisuals understands
this and is happy to help. Despite quality controls, formatting processes, for example, can in exceptional cases lead to undetected image faults and quality restrictions. In the event that you
have purchased faulty 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 department if there are any errors or faults in the data. After a period of 7 days your right of revocation, return, exchange or correction of faulty data expires. Please contact service@boldervisuals.com directly
for complaints.
Accessibility of the website
The accessibility of the website www.boldervisuals.com is not guaranteed.
Acquisition of exclusive use licences, licence extension and buy-out
To purchase an exclusive licence, simply write to us at service@boldervisuals.com or call us directly. Provide us with your selected product and usage information, including the product number, the desired time period, the billing address and the licensee. Our service will be happy to contact you and send you the licence agreement, invoice and the products.
As a licensee, you have the priority right to an extension of the period of use or a buy-out before the expiry of your licence period. If you do not wish to continue using the product, i.e. do not
conclude a licence extension and buy-out with BolderVisuals, it will be re-published in the online archive and will be available to new licensees. BolderVisuals reserves the right to use any artwork at any time for its own purposes without restriction
VAT
MWSTG Art. 10 2a – VAT exempt
Applicable law and place of jurisdiction
Swiss law is exclusively applicable. The place of jurisdiction is Zurich.
Status as of 29 August 2022
BolderVisuals Project
by Designbüro Benguel
Gladbachstrasse 55
8044 Zürich – Switzerland
contact@boldervisuals.com
0041 (0) 76 690 8913
www.boldervisuals.com
by Designbüro Benguel
Gladbachstrasse 55
8044 Zürich – Switzerland
contact@boldervisuals.com
0041 (0) 76 690 8913
www.boldervisuals.com