Fotolens.si / Site content

Terms and Conditions

General terms and licence terms for purchasing and using photographs on Fotolens.si, including compensation for unauthorised use.

FOTOLENS.SI - GENERAL TERMS AND CONDITIONS AND LICENCE TERMS

Effective from: 12 June 2026

This English version is provided for users who use Fotolens.si in English. If there is any conflict between the Slovenian and English versions, the Slovenian version applies, unless the provider expressly agrees otherwise in writing.

1. General Provisions

These General Terms and Conditions and Licence Terms govern the use of the Fotolens.si website, user account registration, the purchase of photographs, the selection and scope of licences for the use of photographs, payments, delivery, withdrawal rights, complaints, personal data protection and other relationships between the provider and the customer.

By using the website, registering a user account, placing an order or making a purchase, the customer confirms that they have been informed of these terms before placing the order and that they accept them in relation to the specific order.

Unless expressly agreed otherwise in an individual case by a written contract, offer, order form, framework agreement or other written arrangement, these terms apply to all orders placed through Fotolens.si.

The provider reserves the right to amend these terms. The terms published or made available to the customer at the time the order is placed apply to that order, unless otherwise agreed in writing.

2. Provider Details

Provider:

Fotolens.si, fotografske storitve, Aleš Cipot, s. p.
Ulica arhitekta Novaka 9, 9000 Murska Sobota, Slovenia
Status: sole proprietor
Registration number: 8439389000
Tax number: 14160714
Main activity code: M74.200 - photographic activities
IBAN: SI56 0288 9026 3068 134, NLB d. d.
Email: fotolens.si@gmail.com
Phone: 041 810 371

The provider is not registered for VAT under Article 94(1) of the Slovenian VAT Act, so VAT is not charged unless expressly stated otherwise.

3. Definitions

Provider means Fotolens.si, fotografske storitve, Aleš Cipot, s. p.

Customer means any natural or legal person who places an order or makes a purchase on Fotolens.si.

Consumer means a natural person who purchases outside their professional or commercial activity.

Photograph means a copyright-protected photographic work displayed, offered, delivered or licensed through Fotolens.si.

Digital photograph or e-photograph means a photograph in digital form delivered electronically, through a user account, download link, email or another digital method, and not supplied on a tangible medium.

Printed photograph or print means a photograph produced on a physical medium in the selected format.

Licence means a limited permission to use a specific photograph within the scope of the selected licence. By making a purchase, the customer does not acquire ownership of the photograph as a copyright work and does not acquire copyright. The customer only receives the right to use the photograph within the scope set out in these terms, the selected licence, the order confirmation and any special written agreement.

Licence holder means the person, company, media outlet, organisation or other entity in whose name the selected licence is issued and for whose benefit the right to use the photograph is purchased.

Digital content means a digital photograph or other digital content not supplied on a tangible medium.

4. What Is Being Purchased

Fotolens.si does not sell copyright in photographs and does not sell ownership of the photograph as a copyright work.

For digital photographs, the customer purchases:

  • access to the specific digital file in the selected size or resolution; and
  • a licence to use that photograph within the selected scope.

For printed photographs, the customer purchases:

  • a physical print of the photograph in the selected format; and
  • a limited right of personal, non-commercial use of that print as set out in these terms.

Every photograph remains a copyright-protected work. Copyright, moral rights, economic rights and all other rights not expressly transferred or permitted by the selected licence remain with the provider or the author.

The same photograph may be sold or licensed to multiple customers, for different purposes and under different licences. All licences granted through Fotolens.si are non-exclusive unless expressly agreed otherwise in writing.

5. Products and Sizes

The provider offers or enables orders for, in particular:

  • digital photographs at 2500 px;
  • digital photographs in full resolution;
  • printed photographs in 10x15 cm, 13x18 cm, 20x30 cm and 30x45 cm formats;
  • other photographic products or services if expressly published on the website.

Unless expressly stated otherwise, digital photographs are digital content and printed photographs are physical goods.

The groups "File download" and "File delivery" are treated as digital sizes. The group "Printed photo delivery" is treated as physical prints.

6. Prices and Validity of the Offer

All prices are stated in EUR. If the provider is not registered for VAT, VAT is not charged.

The price of a digital photograph consists of:

  • the base price of the selected size or resolution; and
  • the licence surcharge of the selected licence, if the selected licence has a surcharge.

The final price of a digital photograph is therefore:

base size price + licence surcharge = final item price.

Example:

  • 2500 px: EUR 4.90
  • editorial licence: +EUR 10.00
  • total: EUR 14.90

For printed photographs, the licence selector does not apply and only the base price of the selected print is charged.

The provider reserves the right to change prices without prior notice. The price displayed or valid at the time the order is placed applies to the customer, unless otherwise provided by a written contract, offer, order form or other written agreement.

All selected prices, licence surcharges, sizes, licences and licence holder details are stored as part of the order when the order is placed. Later price list changes do not affect orders already placed.

7. Licence Model for Digital Photographs

For digital photographs, the customer must select the appropriate licence. If the customer does not select another licence, the default licence is the private licence, provided it is available for the selected digital size.

The licence applies only to the specific purchased photograph, the selected licence holder and the scope of use set out in these terms, the order confirmation, the licence certificate and any special written agreement.

Licences are non-transferable. The customer or licence holder may not sell, assign, transfer, sublicense or make the licence available to third parties for independent use unless expressly permitted by the selected licence or by the provider's written consent.

The customer is responsible for selecting a licence that matches the actual intended use of the photograph. Use outside the purchased licence is unauthorised use.

8. Licence Types

8.1 Private Licence

Surcharge: +EUR 0.00
Intended for: natural persons for private, personal and non-commercial use.

The private licence allows:

  • storing the digital photograph for personal use;
  • personal printing for own use;
  • posting on personal social media profiles without commercial, promotional, advertising, media or business purpose;
  • sharing in a private circle.

The private licence does not allow:

  • business, promotional, advertising, commercial, media or editorial use;
  • publication on websites of companies, clubs, associations, organisations, media outlets or projects;
  • publication on business, club, media or promotional social media profiles;
  • use in advertisements, brochures, catalogues, posters, presentations, flyers, graphics, sponsored posts or similar materials;
  • forwarding the photograph to third parties for their independent use;
  • resale or sublicensing;
  • use in a way that creates the impression that the photograph is owned by the customer or a third party.

8.2 Editorial Licence

Surcharge: +EUR 10.00
Intended for: media outlets registered in the media register for journalistic or editorial use.

The editorial licence allows:

  • publication of the photograph as part of journalistic reporting and editorial content;
  • publication in print media, on the media outlet's website and on the official social media profiles of the media outlet;
  • use for the media outlet's own promotion directly connected to the editorial content or reporting;
  • technical adjustments necessary for publication, such as cropping, resizing, changing resolution and reasonable basic brightness and colour adjustments.

The editorial licence does not allow:

  • content changes that alter the meaning, context or message of the photograph;
  • adding or removing elements, photomontage, distortion or filters that materially change the image;
  • advertising or commercial use outside editorial reporting;
  • forwarding the photograph to other media outlets or third parties;
  • sale, sublicensing or inclusion of the photograph in collections for further distribution;
  • removal of authorship markings, watermark or metadata unless expressly permitted in writing.

For every publication under the editorial licence, authorship must be credited directly next to the photograph or in another customary way depending on the publication medium:

"Photo: Fotolens / Aleš Cipot"

By selecting the editorial licence, the customer confirms that the named licence holder is a media outlet or entity entitled to editorial use and that the customer is acquiring the licence on its behalf or with its authorisation.

8.3 Business Licence

Surcharge: +EUR 20.00
Intended for: companies, sole proprietors, agencies, associations, clubs, institutes, organisations and other entities for business, promotional or advertising use.

The business licence allows:

  • use of the photograph for the business, promotional and advertising purposes of the licence holder;
  • publication on websites, business social media profiles, advertisements, brochures, catalogues, posters, presentations and similar promotional materials;
  • editing for the licence holder's own promotion, including cropping, resizing, colour changes, light corrections, adding text, logo or graphics and montage, provided that such use does not infringe third-party rights and does not insult the author or depicted persons.

The business licence does not allow:

  • sale of the photograph as an independent product;
  • sublicensing to third parties;
  • forwarding the photograph to third parties for their independent use;
  • use of the photograph to promote a third party who is not the licence holder, unless agreed in writing;
  • use in a way that insults the author, the provider or depicted persons;
  • false attribution or concealment of authorship;
  • use outside the scope of the selected licence.

The business licence regulates only the copyright held by the provider or author in the photograph. If recognisable persons appear in the photograph, the licence holder must independently obtain all consents or permissions required for promotional, advertising or other use where such consent is required. By selling a business licence, the provider does not guarantee that consent of depicted persons has been obtained for every business use, unless expressly agreed in writing.

9. Printed Photographs

Printed photographs are not digital content.

For prints, the customer does not select a private, editorial or business digital licence. A print is intended for personal, private and non-commercial use.

Purchasing a printed photograph does not allow:

  • scanning or reproducing the print for public, business, media or advertising use;
  • using the print or a copy of it in business, media or promotional materials;
  • sale, sublicensing or forwarding of the photograph to third parties;
  • removal of authorship markings, watermark or other markings.

Business, editorial, media or promotional use of a photograph requires the purchase of an appropriate digital licence or the provider's written consent.

10. Licence Holder Details and Customer Declarations

For the private licence, no additional licence holder entry is generally required, because the licence is issued to the customer or user making the purchase.

For the editorial licence, the customer must state the name of the media outlet or entity in whose name the licence is issued. The customer must confirm that the named media outlet is entitled to editorial use and that the customer is purchasing the licence on its behalf or with its authorisation.

For the business licence, the customer must state the name of the person, company or organisation in whose name the licence is issued. The customer may also provide a tax or registration number if needed for records, invoice details or later proof of licence ownership.

For editorial and business licences, the customer must confirm that they are authorised to acquire the licence on behalf of the named licence holder.

The customer is responsible for the accuracy and truthfulness of entered data. The provider is not responsible for consequences arising from an incorrectly stated licence holder, incorrect data, lack of authorisation or use outside the selected licence.

11. Copyright and Prohibitions

All photographs published or delivered through Fotolens.si are copyright-protected works.

All copyright remains with the provider or author unless expressly agreed otherwise in writing.

In particular, it is prohibited to:

  • use a photograph without the appropriate licence;
  • use a photograph outside the scope of the purchased licence;
  • remove, cover or alter a signature, watermark, metadata or other authorship markings unless expressly permitted by the selected licence or a written agreement;
  • sell, rent, sublicense, forward or make the photograph available to a third party for independent use;
  • use the photograph in a way that misleads about authorship, source, context or depicted persons;
  • use the photograph for unlawful, offensive, discriminatory or otherwise problematic purposes;
  • use the photograph in political, sensitive, controversial or otherwise risky contexts without the provider's special written consent where such use could affect the reputation of the provider, the author or depicted persons.

12. Consequences of Licence Breaches

If the customer or a third party uses a photograph without the appropriate licence or contrary to the scope of the purchased licence, the provider reserves the right to enforce all claims permitted by applicable law, including claims for:

  • immediate cessation of the breach;
  • removal or withdrawal of the publication;
  • payment of appropriate compensation or licence fee;
  • damages;
  • reimbursement of costs of identifying and enforcing the breach;
  • publication of a correction, authorship credit or other remedy;
  • any other claims permitted by applicable law.

Subsequent payment of a licence does not mean that previous unauthorised use was permitted, unless the provider expressly confirms this in writing.

13. User Registration

To purchase through the website, the customer may register a user account or purchase in another way if such a method is enabled at the relevant time.

The customer must provide accurate, complete and truthful information when registering or placing an order.

The customer is responsible for protecting access to their user account. In case of suspected misuse, the customer must notify the provider without delay.

The provider is not responsible for damage, delays or order fulfilment errors caused by incorrect, incomplete or untruthful customer data.

14. Purchase Process

The customer selects the photograph, size or format, and for digital photographs also the licence. Where required, the customer enters licence holder details and marks the required declarations.

Before placing the order, the customer may review, change or correct selected items, sizes, licences, licence holder details, prices, delivery, payment method and personal data.

The order is placed when the customer clicks a button clearly indicating payment obligation, such as "Order with obligation to pay", "Pay" or an equivalent label.

The contract between the customer and the provider is concluded when the provider confirms receipt of the order or when the order is accepted for processing, unless otherwise specified for a particular payment or order flow.

The provider may reject, cancel or hold an order if an obvious pricing error, system misuse, incomplete data, suspected unauthorised payment method use, breach of these terms or another justified reason is detected.

15. Payments

The provider enables the payment methods displayed at checkout.

These may include, in particular:

  • payment card or other online payment through an external payment provider;
  • other enabled electronic payment methods;
  • bank transfer or payment by pro forma invoice;
  • cash on delivery, if expressly enabled;
  • promotional code or another special arrangement if approved for the customer.

If the customer pays by bank transfer, the provider begins processing the order after receiving payment, unless expressly agreed otherwise.

External payment providers may apply their own terms, security rules and procedures. The provider does not store raw payment card data unless expressly stated otherwise.

16. Promotional Codes and Special Agreements

A promotional code is a special purchase completion option intended only for customers to whom the provider grants this option.

Use of a promotional code may allow the customer to complete a purchase at EUR 0.00 or under other special terms, with billing, payment or settlement arranged later under a special agreement.

A promotional code is confidential information. The holder of a promotional code may not disclose, forward, assign or enable its use by third parties without the provider's prior written consent.

Any unauthorised use, forwarding or misuse of a promotional code is prohibited. In such a case, the provider reserves the right to cancel the code, block the order, charge purchases under the applicable price list, claim damages and take other measures permitted by applicable law.

17. Delivery of Digital Photographs

Digital photographs are delivered through the user account, download link, email, Fotolens Transfer or another digital method determined by the provider.

A digital photograph is delivered when the customer is given access to the download or when the file is sent or made available in the agreed manner.

For security, technical reasons, misuse prevention or licence records, the provider may limit the number of downloads, link validity period or method of file access, provided that the customer is reasonably enabled to receive the purchased digital content.

If the customer cannot download a digital photograph due to a technical error, they must notify the provider at fotolens.si@gmail.com. The provider will check the issue within a reasonable time and re-enable the download or provide another appropriate delivery method.

18. Delivery of Printed Photographs

Printed photographs are sent by post, courier or prepared for personal collection if that option is enabled.

Production and delivery time depends on order scope, selected delivery method and service availability. Unless agreed otherwise, the provider fulfils the order within a reasonable time or within the deadline required by applicable law.

Delivery costs are charged according to the price shown when the order is placed or according to the courier price list if stated.

Delivery is generally available within Slovenia unless otherwise stated in a specific offer or agreed separately.

19. Consent to Digital Content Delivery Before the Withdrawal Period Expires

When purchasing digital photographs that constitute digital content, the consumer must expressly confirm before placing the order:

  • that they consent to delivery of the digital content beginning before the end of the 14-day withdrawal period; and
  • that they acknowledge that by doing so they lose the right to withdraw from the contract for that digital content once delivery begins.

This consent must be separate from acceptance of the general terms and conditions.

If the consumer does not provide this consent, the provider is not obliged to begin delivery of the digital content before the withdrawal period expires.

Confirmation of the consent given is stored as part of the order and may be stated in the order confirmation or email sent to the customer.

20. Right of Withdrawal

20.1 General Rule

For distance contracts or contracts concluded away from business premises, the consumer generally has the right to notify the provider within 14 days that they withdraw from the contract without giving a reason, except where applicable law provides exceptions.

20.2 Digital Content

For digital photographs that constitute digital content and are not supplied on a tangible medium, the consumer has no right of withdrawal after delivery begins if they have previously:

  • expressly consented to delivery beginning before the end of the 14-day withdrawal period; and
  • acknowledged that by doing so they lose the right to withdraw from the contract.

20.3 Printed Photographs Made to the Customer's Choice

If printed photographs are produced according to the customer's choice, selected format, selected photograph or otherwise adapted to the customer's personal choice or needs, the consumer has no right of withdrawal where applicable law provides an exception for such goods.

20.4 Withdrawal Procedure

If the consumer has the right of withdrawal in a specific case, they may notify the provider by email at fotolens.si@gmail.com or in writing to the provider's address.

The consumer may use the withdrawal form template published at the end of these terms, but using this template is not mandatory.

If the consumer has already received goods, they must return them without undue delay and no later than 14 days from the day they notified the provider of withdrawal, unless the law or an agreement provides otherwise.

The consumer bears the direct cost of returning goods unless expressly agreed otherwise.

The provider refunds payments received in accordance with applicable law.

21. Conformity of Goods and Digital Content

For printed photographs that constitute goods, the rules of applicable law on conformity of goods apply.

For digital photographs that constitute digital content, the rules of applicable law on conformity of digital content apply.

A digital photograph is considered conforming if it matches the agreed size or resolution, format, delivery method and other characteristics stated at the time of purchase, subject to reasonable differences caused by device settings, screens, colour profiles, file compression, web display or other technical limitations.

If the customer finds that digital content was not delivered, that the file is damaged, cannot be opened or does not match the agreed delivery scope, the customer must notify the provider without undue delay at fotolens.si@gmail.com.

The provider will review a justified complaint and, without undue delay, provide redelivery, correction, a replacement file or another appropriate remedy in accordance with the law.

22. Damaged Shipments

If a shipment containing printed photographs is physically damaged on delivery, if contents are missing or if the shipment shows signs of opening, the customer should report this to the delivery service as soon as possible and also notify the provider.

Where possible, the customer should keep the packaging, photograph the shipment and prepare documentation needed to resolve the complaint.

23. Invoices, Confirmations and Licence Records

The provider issues an invoice or other appropriate confirmation to the customer in accordance with applicable law.

For digital photographs, the following may be recorded for each item:

  • selected photograph;
  • selected size or resolution;
  • base size price;
  • selected licence;
  • licence surcharge;
  • final item price;
  • licence holder;
  • licence number;
  • purchase or licence confirmation date;
  • consents and declarations given, where required.

The licence number may be generated when the order is confirmed or fulfilled. The licence certificate may be sent by email, displayed in the user account or stated in the order documentation.

24. Confirmation Email and Durable Medium

After a successful order or payment, the provider may send the customer an order confirmation, order summary, invoice, download links, licence certificate and other information required to fulfil the order by email.

For digital photographs, the confirmation may include:

  • licence type;
  • scope of permitted use;
  • key licence restrictions;
  • licence holder;
  • licence number;
  • purchase or confirmation date;
  • confirmation that, for digital content, the customer consented to delivery beginning before the withdrawal period expired and acknowledged loss of withdrawal right after delivery begins.

The customer must check the accuracy of information in the order confirmation and notify the provider of any errors as soon as possible.

25. Metadata, Watermark and Technical Protection

The provider may include metadata, authorship markings, copyright notice, licence number, licence type, licence holder or other data connected to proving authorship and the scope of permitted use in digital photographs.

The provider may use a watermark or other markings on previews. Removing a watermark, signature, metadata or other authorship markings is prohibited unless expressly permitted by the selected licence or written agreement.

If automatic metadata insertion into the delivered file is not technically feasible, licence data is stored in the order record or licence certificate.

26. Personal Data Protection

The provider processes customers' personal data in accordance with applicable personal data protection law.

Personal data is used in particular for:

  • registration and management of user accounts;
  • order fulfilment;
  • payment processing;
  • invoice issuing;
  • delivery of digital and physical products;
  • maintaining licence records;
  • communication with the customer;
  • handling complaints, claims and disputes;
  • fulfilling the provider's legal obligations;
  • security, misuse prevention and enforcement of the provider's rights.

For data necessary to fulfil an order, issue an invoice, deliver products, maintain licence records and meet legal obligations, the legal basis is not consent, but performance of a contract, compliance with legal obligations or the provider's legitimate interests where the legal requirements are met.

If the provider carries out marketing communication, this is done only on an appropriate legal basis. Where consent is required, it must be voluntary, specific, informed and unambiguous, and the individual may withdraw it at any time.

More detailed information on personal data processing is published in the separate Privacy Policy available on the website.

27. Communication

The customer agrees that the provider may communicate with them by email, user account, phone or another contact provided by the customer where necessary for order fulfilment, payment, delivery, licence records, complaints or compliance with legal obligations.

The customer must provide a correct and functioning contact address. The provider is not responsible for consequences arising if the customer provides incorrect contact details or fails to check messages.

28. Limitation of Liability

The provider endeavours to ensure the accuracy, currency and availability of the website, but is not responsible for temporary website unavailability, technical disruptions, internet failures, errors of external payment providers, delivery services or other external systems outside the provider's direct control.

The provider is not responsible for damage resulting from use of a photograph contrary to these terms, the selected licence, third-party rights or applicable law.

The provider does not guarantee that a particular photograph is suitable for every business, editorial, advertising or other customer purpose. The customer is responsible for checking before use whether they have all required rights, consents and permissions for the specific use.

29. Complaints and Dispute Resolution

The customer may send a complaint to fotolens.si@gmail.com or in writing to the provider's address.

The provider will handle the complaint within a reasonable time and reply by email or another contact channel provided by the customer.

The provider does not recognise any out-of-court consumer dispute resolution provider as competent to resolve a consumer dispute that the consumer could initiate under the law on out-of-court consumer dispute resolution, unless the provider expressly states otherwise.

The relationship between the provider and the customer is governed by the law of the Republic of Slovenia, unless mandatory consumer protection rules provide otherwise.

30. Final Provisions

These terms apply from 12 June 2026.

If any provision of these terms is invalid, void or unenforceable, this does not affect the validity of the remaining provisions. The invalid or unenforceable provision is replaced by a valid provision that achieves the purpose of the original provision as closely as possible.

Section headings are for clarity only and do not affect interpretation.

31. Contact

Fotolens.si, fotografske storitve, Aleš Cipot, s. p.
Ulica arhitekta Novaka 9, 9000 Murska Sobota, Slovenia
Email: fotolens.si@gmail.com
Phone: 041 810 371

32. Withdrawal Form Template

If the consumer has the right of withdrawal in a specific case, they may notify the provider using the following text:

"I hereby notify you that I withdraw from the contract for the purchase of the following products: ____________.

Customer name and surname: ____________

Customer address: ____________

Order number: ____________

Order date: ____________

Customer signature (only if this form is sent on paper): ____________

Date: ____________"

33. Compensation for Unauthorised Use and Licence Breaches

Photographs published or delivered through Fotolens.si are not free-to-use images. Every photograph is a copyright-protected work. By purchasing a photograph, the customer or user does not acquire ownership of the photograph and does not acquire copyright, but only a limited right of use within the scope of the selected licence.

Use of a photograph without the appropriate licence, use outside the scope of the purchased licence or use contrary to these terms constitutes a breach of the licence terms and may also constitute an infringement of the provider's or author's copyright.

Unauthorised use includes in particular:

  • use of a photograph without prior purchase or without the provider's permission;
  • use of a photograph purchased under a private licence for business, promotional, advertising, media, editorial, club, association or other public purposes;
  • publication of a photograph on the website of a company, club, association, media outlet, organisation, project or other entity without the appropriate editorial or business licence;
  • publication of a photograph on a business, club, media, promotional or other public social media profile without the appropriate licence;
  • use of a photograph in advertisements, sponsored posts, posters, brochures, catalogues, presentations, flyers, graphics, videos, web banners or other promotional materials without the appropriate business licence;
  • use of an editorial licence for advertising, promotional or business purposes beyond journalistic or editorial reporting;
  • use of a business licence for a third party who is not the named licence holder;
  • forwarding the photograph to third parties for their independent use;
  • sale, further distribution, sublicensing or inclusion of the photograph in collections, archives, packages or materials for further use by third parties;
  • removing, covering or altering a signature, watermark, metadata, licence number or other authorship markings;
  • false attribution, concealment of the source of the photograph or creating the impression that the photograph is owned by the customer or a third party;
  • any other use exceeding the expressly permitted scope of the purchased licence.

If the customer purchased the photograph but uses it outside the scope of the selected licence, the customer must pay the provider at least the value of the licence that would have been required for the actual use of the photograph. If the photograph has already been publicly published, used for business, promotional, media, advertising or other public purposes, or if the use was carried out without the provider's prior permission, the provider reserves the right to charge increased compensation for unauthorised use.

For unauthorised business, promotional, advertising, media, editorial or other public use of a photograph, compensation may be charged at not less than three times the value of the appropriate licence that should have been purchased for the actual use of the photograph. If the actual damage, customary fee, agreed fee, market value of the use or another justified claim is higher, the provider reserves the right to claim a higher amount.

If the photograph was used without any purchase, without the provider's permission or without a concluded licence, compensation may be charged at not less than five times the value of the appropriate licence that would have been required for the actual use of the photograph. This applies in particular to public publication, business use, promotional use, media use, advertising, use in third-party materials or use where the photograph was obtained by copying, downloading, screenshotting, removing a watermark or forwarding by another person.

If the breach is intentional, grossly negligent, repeated, concealed, carried out by removing authorship markings, carried out by false attribution, or carried out in a way that causes additional damage to the provider or author, the provider reserves the right, in addition to compensation for use, to claim damages, statutory civil penalties where available, reimbursement of costs of identifying the breach, reimbursement of legal advice costs, removal of the publication, publication of a correction, authorship credit and any other claims permitted by applicable law.

Compensation for unauthorised use is calculated separately for each individual photograph and for each individual use, unless the provider determines otherwise in writing in a specific case. If the same photograph is used in several places, in several posts, through several channels, for several clients or over a longer period, each such use may be treated as a separate breach or as a circumstance justifying higher compensation.

The provider may issue an invoice, debit note, payment claim or another appropriate document for unauthorised use, subsequent licensing or a licence breach. The basis for such a document may include, in particular, acceptance of these terms at the time of purchase, breach of contractual or licence terms, actual use of the photograph outside the scope of the licence, the provider's publicly published price list or licence terms, the customary fee for such use, a copyright claim, a damages claim or another basis under applicable law.

If the user purchased the photograph on Fotolens.si, the user is deemed to have been informed of these terms and of the scope of the selected licence at the time of purchase. In such a case, the provider may also base its claim on breach of accepted contractual or licence terms. If the user did not purchase the photograph and did not obtain it with the provider's permission, the provider may base its claim primarily on copyright infringement and unauthorised use of a copyright work.

Payment of subsequent compensation, an invoice or a claim does not mean that past unauthorised use was permitted, lawful or approved retroactively, unless the provider expressly confirms this in writing. Payment also does not mean that the user may continue using the photograph unless the provider issues an appropriate licence or written permission for further use.

Upon the provider's request, the user must without delay cease unauthorised use of the photograph, remove disputed publications or materials and provide the provider with information necessary to establish the scope of use, including the publication location, publication time, client or commissioner of the publication, channels used, reach of the publication and the identity of persons or entities who received or used the photograph, if such information is known to the user.

The provider reserves the right, before issuing an invoice or claim, to document the breach with screenshots, URLs, publication date and time, saved copies of publications, metadata extracts, order number, licence number, purchased licence details, actual use details and other evidence. The customer or user agrees that such evidence may be used to enforce the provider's rights.

The purpose of this section is not to limit the provider's statutory rights, but to clearly define minimum rules for calculating and enforcing claims in cases of unauthorised use of photographs or licence breaches. The provider may always also enforce any other rights, claims and legal remedies available under applicable law.