Terms & Conditions

TERMS AND CONDITIONS FOR KULTARIRO ONLINE SHOP

1. Company Information

1.1 This online shop is operated by:

Company name: Kultariro AS
Organization number (Norway): 919 439 149
Registered address: Parkgata 1, 6003 Alesund, Norway
Email: sales@kultariro.com
Website: kultariro.com

1.2 These Terms & Conditions govern sales to both Consumer (B2C) and Business Buyer (B2B).

2. Definitions

“Photograph” / “Image File” – any digital photo or visual work offered for download.
“Digital Products” – photographs, e-books, guides, and other downloadable content.
“Consumer (B2C)” – natural person acting outside trade or profession.
“Business Buyer (B2B)” – company, sole trader, or organization purchasing for commercial activity.
“Delivery Email” – the email address provided by the Customer for receiving the download link.
“License” – usage right selected by the Customer at purchase.

3. Scope and Buyers

3.1 The Shop is open to:

Consumers (B2C) protected by mandatory EU/EEA consumer law,
Business Buyers (B2B) subject to commercial contract terms below.

3.2 Certain clauses apply only to Consumers (e.g., withdrawal and consumer complaint periods). Clauses marked B2B apply only to Business Buyers.

3.3 By placing an order, the Customer confirms whether they act as Consumer or Business Buyer. Misrepresentation may lead to termination of license and legal actions as applicable.

4. Ordering and Delivery Method

4.1 All Digital Products are delivered via a secure download link sent by email to the Delivery Email immediately after confirmed payment.

4.2 The Customer is responsible for:

providing a correct and accessible email address,
ensuring spam filters allow messages from the Shop domain.

4.3 Delivery is considered completed when the Company has sent the link to the provided email. The Company is not liable for loss resulting from incorrect email information supplied by the Customer.

4.4 Links may be limited to two (2) calendar days for security reasons.

5. Image Licenses – Different Types

5.1 The Company offers several license options. The license chosen on the product page forms part of this agreement.

5.2 Personal Use License (B2C)

Grants the Consumer right to:

display the image privately,
use on personal social media or home printing,
not for any revenue-generating activity.

5.3 Editorial / Online Publication License

Allows:

blogs, news, magazines (digital or print),
with credit: “© KULTARIRO.COM”

Not permitted:

advertising or product packaging,
defamatory or misleading use.

5.4 Commercial License (B2C + B2B)

Permits:

marketing, websites, client projects,
internal business presentations.

Restrictions:

no resale of the file as stock image,
no logo/trademark creation unless Extended License.

5.5 Extended / Reseller License (Primarily B2B)

Permits:

use in products for sale (book covers, merchandise, e-books for resale),
higher print run / client sublicensing as specified.

5.6 Common Prohibitions for All Licenses

The Customer may not:

redistribute, share, torrent, or upload high-resolution files,
present themselves as copyright owner,
remove metadata or invisible watermark,
use in illegal, hateful, pornographic, or privacy-violating context.

5.7 The Company may pursue compensation for unlicensed commercial exploitation.

6. Pricing and VAT for Different Customers

6.1 Consumers in the EU/EEA are charged VAT according to their country (OSS/MOSS digital rules).

6.2 Business Buyers providing valid VAT number may be subject to reverse charge where allowed by EU VAT Directive.

7. Payment

7.1 Payment must be completed before any link is emailed.

7.2 Third-party processors handle card data; the Company receives only confirmation token.

8. Withdrawal Rights – Digital Content (B2C)

8.1 Consumers normally have 14-day withdrawal.

8.2 Because photographs and e-books are delivered instantly by email link, the Consumer:

expressly consents to immediate delivery during checkout,
acknowledges loss of withdrawal rights upon successful completion of payment.

9. Complaints and Defects

9.1 Consumers (B2C)

Defect claims up to 2 years under Norwegian/EU rules,
Refund or new link if file is proven to be corrupted or materially different.

9.2 Business Buyers (B2B)

Complaints must be made within two (2) days after link received.
Remedies limited to refund or replacement link. No right of withdrawal.

10. Intellectual Property

10.1 All previews and files are copyrighted works of the Company.

10.2 License is non-exclusive and non-transferable unless Extended License states otherwise.

11. Privacy – GDPR

11.1 The Company processes data (email, country, order type B2C/B2B) to perform contract and VAT bookkeeping.

11.2 Data is not shared except to payment and link-delivery providers.

11.3 Customer rights as per Privacy Policy and Datatilsynet Norway.

12. Limitation of Liability

12.1 For B2C: mandatory consumer rights not limited.

12.2 For B2B: liability capped at purchase price; no indirect loss.

13. Disputes

13.1 Norwegian law governs; EU consumers may rely on local mandatory protection.

13.2 ODR platform available.

APPENDIX A: T&C/ PROHIBITION OF AI PROMPT INPUT & GENERTAIVE REMIX

AI Prompt Input and Generative Remix – Prohibited Uses

1. The photographs and image files may not be used as input to artificial-intelligence or algorithmic generation tools, including but not limited to:

submission of the images, or parts of them, into AI systems as prompts, reference input, style input, or control images for the purpose of generating new visual works;
“generative remix,” manipulation, or transformation whose purpose is to create derivative images that compete with or imitate the original photographs;
use in services that enable third parties to generate altered or synthetic versions of the images.

2. The buyer may perform only those modifications that are technically necessary for the licensed purpose (such as cropping, resizing, exposure adjustment). Creative transformations beyond what is required for publication are not permitted unless a written Extended License is granted.

3. Any derivative work created in breach of this clause shall be considered unauthorized reproduction. All rights of use terminate immediately upon violation.

4. This prohibition applies irrespective of territory, buyer category (Consumer or Business Buyer), and regardless of whether the AI tool is operated by the buyer or a third party.

APPENDIX B: T&C/ DMCA/EU NOTICE & TAKEDOWN PROCEDURE

NOTICE PROCEDURE – COPYRIGHT AND UNLAWFUL USE

A. Legal Basis

This procedure is established in compliance with:

Norwegian Copyright Act (Åndsverkloven),
EU E-Commerce Directive 2000/31/EC,
EU Digital Services Act where applicable,
International DMCA-style best practice for worldwide buyers.

B. Who May Submit Notice

copyright owners,
authorized agents,
persons appearing in images (privacy-related EU notice),
business partners reporting misuse.

C. How to Submit a Valid Notice

Send an email to: notice@kultariro.com

The notice must contain:

Identification of the photograph(s)
- URL of infringing page
- screenshot if possible.
Proof of rights
- link to original in our shop or registration certificate.
Description of infringement
- missing license,
- missing mandatory credit,
- AI misuse
- defamatory/illegal context.
Contact details
- name, address, email, phone.
Good-faith statement:

“I have a good-faith belief that the use is not authorized by the copyright owner or law.”

Accuracy statement under penalty of perjury (DMCA style):

“The information in this notice is accurate and I am authorized to act.”

Electronic signature.

Notices without these elements may be rejected.

D. Company Response Timeline

Consumers (EU/EEA)

acknowledgment within 2 working days,
decision within 5 working days.

Business Buyers / Worldwide

best-effort within 5 working days.

E. Actions the Company May Take

immediate removal of infringing preview,
disabling download links,
request for credit correction,
refund termination,
claim for compensation.

For AI misuse, removal is immediate and non-curable.

F. Counter-Notice Procedure (DMCA style)

A buyer or platform operator may submit counter-notice including:

identification of removed material,
statement of lawful license,
consent to Norwegian jurisdiction,
signature.

The Company may restore material within 10–14 days unless rights holder initiates legal action.

G. EU Privacy-Related Notices

If images show identifiable persons used in advertising without release:

the Company may demand proof of model release from the infringer,
removal occurs under GDPR personality rights even if image licensed for editorial.

H. Repeat Infringer Policy (B2B)

Two valid notices within 12 months → permanent ban from shop.

I. ODR / EU Link

Disputes unresolved may use EU ODR platform referenced in the T&C.

END OF NOTICE PROCEDURE