TERMS OF USE
Last Updated: March 16, 2025
1. AGREEMENT TO OUR LEGAL TERMS
These Terms of Use (“Terms”) constitute a legally binding agreement between you (“User,” “you”) and Nikita Gordijn (“Company,” “we,” “us,” “our”). By accessing or using our website https://nikitagordijn.com and related services (collectively, the “Services”), you confirm that you have read, understood, and agree to be bound by these Terms.
Company Details
Nikita Gordijn
KVK Registration: 83746005
VAT Number: NL003865761B87
Email: nikita@nikitagordijn.com
All services and contracts are governed by the laws of the Netherlands.
If you do not agree with these Terms, please discontinue use of the Services immediately. You can contact us via email at team@nikitagordijn.com or by mail at the address above.
These Terms incorporate any supplemental terms or documents posted on the Services. We reserve the right to modify these Terms from time to time by updating the “Last Updated” date. Your continued use of the Services constitutes acceptance of any updated Terms.
Eligibility:
The Services are intended for users aged 18 or older. Persons under 18 are not permitted to register or use the Services.
We recommend printing a copy of these Terms for your records.
2. OUR SERVICES
Our Services include this website and any related products or services that reference these Terms. In particular, our Services include:
Photography Services:
Workshops (in-person or virtual), remote shoots (online photography sessions), and photoshoots (professional photography sessions).Digital Products & Photosets for Artists:
Digital downloads such as digital photographs, editing presets, and photosets designed specifically for artists.Physical Merchandise:
Physical print calendar books and related merchandise.Memberships:
Photo memberships offering access to exclusive content, discounts, or other members-only benefits.Fan Support/Tips:
An option for fans to provide voluntary monetary support (tips or donations) to help support our work.
Please note:
The information provided on our Services is not intended for distribution in jurisdictions where such distribution is prohibited or requires registration.
The Services are not designed to comply with industry-specific regulations (e.g., HIPAA, FISMA, or GLBA). If your use subjects you to such laws, you may not use the Services.
Our Services are accessible via mobile devices; use on such devices is governed by these Terms.
3. INTELLECTUAL PROPERTY RIGHTS
Our Rights
We own or license all intellectual property rights in the Services, including but not limited to source code, databases, software, website designs, text, images, audio, video, and graphics (“Content”), as well as all trademarks and logos (“Marks”). All Content and Marks are protected by applicable laws worldwide.
License for Use
Subject to full compliance with these Terms—including the Prohibited Activities set forth later—we grant you a limited, non-exclusive, non-transferable, revocable license to access the Services and download or print any accessible Content solely for your personal, non-commercial use. Any reproduction, modification, distribution, or exploitation of the Content for commercial purposes requires our prior written consent. Please direct such requests to team@nikitagordijn.com.
Any breach of these intellectual property rights may result in immediate termination of your rights under these Terms.
4. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
All information you provide (during registration or otherwise) is accurate, current, and complete.
You will update such information promptly if it changes.
You have the legal capacity to enter into these Terms.
You are not a minor in your jurisdiction.
You will not use automated means (bots, scripts, etc.) to access the Services.
Your use of the Services complies with all applicable laws and regulations.
Failure to provide accurate information may result in suspension or termination of your account.
5. USER REGISTRATION
Registration may be required to access certain features of the Services. You agree to:
Keep your password confidential.
Accept responsibility for all activities under your account.
Allow us to remove or change any username that we find inappropriate, at our sole discretion.
6. PRODUCTS, PHOTOGRAPHY SERVICES, DIGITAL PRODUCTS, PHYSICAL MERCHANDISE, MEMBERSHIPS, AND FAN SUPPORT
Photography Services & Workshops
We strive to accurately display the features, specifications, and details of our photography services (workshops, remote shoots, and photoshoots). Due to the limitations of electronic displays, actual service details may vary. All photography services are subject to availability, and we reserve the right to discontinue any offering at any time. Prices and service details are subject to change without notice.
Digital Products & Photosets for Artists
In addition to photography services, we sell digital downloads such as digital photographs, editing presets, and photosets for artists. Upon purchase, you are granted a limited, non-transferable license for personal, non-commercial use only. Digital Products and Photosets are provided “as-is” without warranties and are non-refundable once downloaded, except as required by law.
Physical Merchandise
We offer physical products, such as print calendar books, produced and shipped according to the details provided at the time of purchase. All physical products are subject to availability and may differ slightly from their online representations.
Memberships
We offer photo memberships that provide access to exclusive content, discounts, and other benefits. Membership terms—including billing, renewal, and cancellation details—are provided during the sign-up process and are subject to these Terms.
Fan Support/Tips
We provide an option for fans to offer voluntary monetary support (tips or donations) to help sustain our work. Such contributions are entirely optional, non-refundable, and processed through our payment systems. Offering a tip or donation does not entitle you to any additional benefits or services.
7. PURCHASES AND PAYMENT
Accepted Payment Methods
We accept payment via:
PayPal
Stripe
CC Avenue
Debit and Credit Cards
You agree to provide current and accurate payment information. All payments are processed in Euros, and applicable sales tax may be added. We reserve the right to correct pricing errors—even after payment—and to limit or cancel orders if necessary.
8. SUBSCRIPTIONS
Billing & Renewal
Subscriptions automatically renew at the end of each billing cycle unless cancelled. By subscribing, you authorize us to charge your payment method on a recurring basis without requiring your prior approval for each charge.
Cancellation & Fee Changes
You may cancel your subscription via your account settings; cancellation takes effect at the end of the current paid period. We reserve the right to change subscription fees and will notify you as required by applicable law.
9. RETURNS/REFUNDS POLICY
All sales are final. No refunds will be issued.
10. PROHIBITED ACTIVITIES
You agree not to misuse the Services. Prohibited activities include, but are not limited to:
Systematic data scraping or data mining without our express permission.
Engaging in fraudulent, deceptive, or misleading conduct.
Circumventing, disabling, or interfering with security measures.
Harassing, abusing, or harming other users.
Uploading malicious software, spam, or excessive content.
Unauthorized reproduction or reverse engineering of our software.
Any activity that disrupts or interferes with the operation of the Services.
Any violation may result in immediate termination of your account and may subject you to legal action.
11. USER-GENERATED CONTRIBUTIONS
The Services may allow you to submit content (“Contributions”). By submitting Contributions, you:
Grant us a worldwide, perpetual, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your Contributions.
Represent that your Contributions do not infringe upon any third-party rights and comply with these Terms.
Accept full responsibility for your Contributions and agree to indemnify us for any breaches.
12. CONTRIBUTION LICENSE
You retain ownership of your Contributions; however, by submitting them, you grant us the right to use your content as needed for the Services and for promotional purposes without compensation. We are not responsible for the accuracy or legality of your Contributions.
13. GUIDELINES FOR REVIEWS
When leaving reviews or ratings, you must:
Have firsthand experience with the subject.
Avoid offensive, defamatory, or discriminatory language.
Refrain from posting false or misleading statements.
Not organize coordinated campaigns to influence reviews.
We reserve the right to remove any reviews that violate these guidelines.
14. THIRD-PARTY WEBSITES AND CONTENT
The Services may include links to third-party websites or display third-party content. We do not control such content and are not responsible for its accuracy, reliability, or privacy practices. Your access to any third-party website is at your own risk. Please review the third-party terms and privacy policies before engaging with them.
15. SERVICES MANAGEMENT
We reserve the right to:
Monitor the Services for compliance with these Terms.
Take legal action against users who violate these Terms.
Remove or disable any content or features that impair our systems.
Manage the Services as needed to protect our rights and ensure proper operation.
16. PRIVACY POLICY
Our Privacy Policy, available at https://nikitagordijn.com/privacy-policy/, is incorporated herein by reference. By using our Services, you consent to our data practices as described therein. Please note that your data will be processed in the Netherlands. If you access our Services from other regions, you agree to the international transfer and processing of your data.
17. TERM AND TERMINATION
These Terms remain in effect as long as you use the Services. We reserve the right to terminate or suspend your access at any time for any reason, including breaches of these Terms. Upon termination, you may not register a new account under a false or borrowed name or on behalf of another entity.
18. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time without prior notice. While we strive for continuous availability, we do not guarantee that the Services will always be accessible. You acknowledge that any modifications or interruptions may result in loss or damage for which we are not liable.
19. GOVERNING LAW
These Terms are governed by and interpreted in accordance with the laws of the Netherlands. For consumers residing in the EU, additional consumer protection laws may apply. Both parties consent to the non-exclusive jurisdiction of the courts in Gelderland, Netherlands, or, if applicable, in your country of residence within the EU.
20. DISPUTE RESOLUTION
Informal Negotiations
Before initiating any formal dispute resolution, both parties agree to attempt informal negotiations for at least 30 days.
Binding Arbitration
Any unresolved dispute shall be resolved by binding arbitration under the rules of the European Centre of Arbitration. The arbitration shall be held in Den Bosch, Netherlands, and conducted in English. Disputes must be resolved individually and not as a class action.
Exceptions
Certain disputes (e.g., those involving intellectual property or claims for injunctive relief) are excluded from arbitration and may be resolved in a court of competent jurisdiction.
21. CORRECTIONS
We reserve the right to correct any errors, inaccuracies, or omissions in the Services’ content at any time without notice.
22. DISCLAIMER
The Services are provided “as-is” and “as available” without any warranties, express or implied. We disclaim all warranties of merchantability, fitness for a particular purpose, and non-infringement. We are not liable for any errors, interruptions, viruses, or other issues affecting your use of the Services.
23. LIMITATIONS OF LIABILITY
In no event shall we, our directors, employees, or agents be liable for any direct, indirect, consequential, incidental, special, or punitive damages (including loss of profit or data) arising from your use of the Services. Our total liability, if any, shall be limited to the lesser of the amount you paid us in the month prior to the claim or €10. Some jurisdictions do not permit such limitations; if so, you may have additional rights.
24. INDEMNIFICATION
You agree to indemnify and hold harmless Nikita Gordijn, its subsidiaries, affiliates, officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from:
Your use of the Services;
Breaches of these Terms;
Violations of any third-party rights or applicable laws;
Any harmful or unlawful conduct on your part.
We reserve the right to assume the exclusive defense of any claim at your expense.
25. USER DATA
While we perform routine backups, you are solely responsible for the data you transmit via the Services. We are not liable for any loss or corruption of such data.
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
By using the Services, you consent to receive electronic communications from us and agree that such communications satisfy any legal requirement to be in writing. You also agree to the use of electronic signatures and records in connection with transactions and communications related to the Services.
27. SMS TEXT MESSAGING
Opting Out
To stop receiving SMS messages from us, reply with “STOP.” You may receive a confirmation message upon opting out.
Message and Data Rates
Standard message and data rates may apply as determined by your mobile carrier.
For any SMS-related support, please contact team@nikitagordijn.com.
28. CALIFORNIA USERS AND RESIDENTS
If you are a California resident and your complaint is not resolved satisfactorily, you may contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs at:
1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or call (800) 952-5210 or (916) 445-1254.
29. MISCELLANEOUS
These Terms, along with any policies or operating rules posted on the Services, constitute the entire agreement between you and us. Our failure to enforce any provision shall not be deemed a waiver of that right. We may assign our rights or obligations under these Terms without notice. If any provision is found to be unenforceable, the remainder shall remain in full force and effect.
Mobile Access: Use of our Services via mobile devices is subject to these Terms.
30. COPYRIGHT
All content on this website—including images, photographs, text, graphics, logos, videos, and other multimedia—is protected by copyright laws. Some content is the exclusive property of Nikita Gordijn, while other content is used with permission. Unauthorized reproduction, distribution, or modification of any content is prohibited and may result in legal action.
31. CONTACT US
For questions, complaints, or additional information regarding these Terms or the Services, please contact us at:
Nikita Gordijn
[Street Address]
[City], 5334JT
Netherlands
Email: team@nikitagordijn.com