* Shipping & General Conditions:
 
I.    General Information
1.    following general Terms and Conditions (hereinafter called GTC) apply to all of the photographer's orders, products, supplies and services.
2.    consider them agreed with the receipt of the goods or services or the supply of photographers by the customer, at the latest, with the adoption of the pictures for publication.
3.    if the customer wants to contradict the conditions, this is to explai in written form within three business days. Any terms and conditions of the customers is hereby rejected. Different Terms of the customer obtain no validity unless, that the photographer acknowledges this in written form (contracts).
4.    terms and conditions apply in the context of an ongoing business relationship without explicit inclusion for all future orders, products, supplies and services of the photographer.
 
II.    Sent material
1.    Terms apply to all sent material, in whatever creative stage or in what form they are technical. They apply especially for electronic or digital image transmitted material.
2.    Customer acknowledges, that the photographer supplied by the imagery to photograph copyrighted works iSv § 2 Abs.1 Ziff.5 copyright law.
3.    offered commissioned design ideas or concepts are distinct benefits to be paid.
4.    transferred imagery remains the property of the photographer, even in the event that damages are paid.
5.    customer has the picture material carefully and to be treated with care and should be passed on to third only to business purposes, the screening, selection and processing technical way.
6.    complaints that the contents of the shipment delivered or content, quality or condition of the pictures, are within 48 hours of receipt. Otherwise, the imagery is as properly, and how the contract has been received.
 
III.    Copyright
1.    customer buys only a simple usage rightfor one-time use.
2.    Exclusive usage rights, media or exclusive territorial rights or sanction must be agreed separately and require a premium of at least 100% for the respective basic fees.
3.    With the delivery is only the right of use for transferring the unique use of the photographic material for the purpose specified by the customer and in the publication and in the medium or medium, which / s / n, the customer has or what / s / r-arising from the circumstances of the award of the contract. In case of doubt is a major object (newspaper, magazine, etc.), for the material shown by the picture of the delivery or shipping address has been made available.
4.    Everyone on item 3 Of usage, use, reproduction, distribution or publication is a fee and requires the prior express consent of the photographer. This applies in particular to:
*    A second window or second publication, particularly in anthologies, product brochures, advertising or other measures reprinting,
*    Any editing, modification or restructuring of the pictures,
*    The digitization, storage or duplication of pictures on your media of all types (eg, magnetic, optical, magneto or electronic media such as CD-ROM, CDi, diskettes, hard drives, memory, microfilm, etc.), to the extent that not only the technical processing of the pictures as in Ziff.III 3rd CBC serves,
*    Any use or reproduction of image data on CD-ROM, CDi, diskettes or other media,
*    Any recording or reproduction of image data on the Internet or in online databases or other electronic archives (even if it is internal electronic archives of the customers),
*    The transfer of digitized imagery in the way of long-distance data transmission, or on your media, the public viewing on screens or for the production of hardcopys.
5.    changes in the pictures by photocomposing, assembly, or by electronic means for the creation of a new copyright work, only with the prior written consent of the photographer and only if indicated with [M]. Also, the imagery is not initialed, succeeds photographed or otherwise used as a motive.
6.    customer is not entitled to it granted usage rights in whole or in part, not even to other group companies or subsidiaries, for the government.
7.    Any use, reproduction or distribution of the pictures is permitted only on the condition of installation of the photographers from the copyright notice given in doubt assignment to the respective picture.
 
IV.    liability
The photographer assumes no liability for the violation of persons or objects rights, unless there is a correspondingly signed release form attached. The acquisition of rights of use of the photographic copyright, and the publication of obtaining permits for collections, museums, etc. is the responsibility of the customer. The customer is responsible for the captions and arising from the publication of concrete resulting sense relationships.
 
V.    fees
1.    If no fee has been agreed, it is determined by the current fee picture overview of the SME community Photo Marketing (MFM). The fees do not include the value added tax.
2.    fee applies only to the unique use of imagery to the stipulated purpose pursuant Ziff.III 3 Or 2 GTC. If the fee for a further use, this is to be agreed in writing.
3.    order costs and expenses (such as materials and laboratory costs, model fees, costs for the necessary props, travel expenses, required fees, etc.) are not included in the fee will be charged to the customer.
4.    fee pursuant V. 1 GTC is also in the full amount to be paid when the commissioned and delivered imagery is not published. When using the recordings as a working model for layout and presentation purposes is subject to a different agreement a fee of at least € 75.00 per admission.
5.    one-off or the exercise of the lien is only to uncontested or legally enforceable requirements of customers allowed. Optional is also offset disputed but entscheidungsreifen counterclaims.
 
VI.    Return of the pictures
1.    imagery is delivered in the form immediately after the publication of the agreed or use, but not later than 3 months after the date of delivery, unsolicited returned must be accompanied by two copies. An extension of the 3-Monatsfrist the express written permission of the photographer.
2.    About Leaving the photographer at the request of the customer or with his consent imagery solely for the purpose of examining whether a use or publication in issue, the customer has the imagery at the latest within a month to be returned, provided on the delivery note, no other period notes . An extension of this period is only effective if the photographer has been confirmed in writing.
3.    returning the imagery provided by the customer on his usual business packaging costs. The customer bears the risk of loss or damage during transportation to the entrance to the photographers.
 
VII.    contractual penalty, blocking, damages
1.    Any unauthorized (without the consent of the photographers were) use, use, reproduction or distribution of the pictures is for each individual case, a contractual penalty in the amount of five usage fee to be paid, subject to further claims for damages.
2.    At unterlassenem, incomplete, incorrect placed or without copyright notice is a bonus equal to 100% of the usage fee to be paid.
3.    With not timely return of the pictures (blocking) for the period after the expiry of Ziff.VI.1.oder 2nd Deadlines set a penalty to pay in the amount of
*    € 0.25 per day and image for s/w- or color prints or Dia-Duplikate
*    € 1.00 per day, and screen for slides, negatives or other unique items.
4.    damaged, destroyed or lost come imagery is the damage to afford without the photographer that the amount of losses in the amount of
*    € 40,00 pro s/w- oder Colorabzug oder KB-Dia-Duplikat
*    € 125,00 pro Mittel- oder Großformat-Dia-Duplikat
*    € 250,00 pro Dia-Original, Negativ oder anderem Unikat
*    € 500,00 pro nicht wiederholbarem Dia, Negativ oder anderem Unikat.
For damages, the rates are in line with the degree of damage and the extent of the further opportunity to reduce usage. Both parties shall be entitled to prove that a higher or lower or no damage occurred.
5.    If there is no proof copy or settlement without Belegexemplar or settlement without stating which image of where in what publication has been used, a contractual penalty in the amount of 50% of the usage fee to be paid.
6.
 
VIII.    
1.    the law of the Federal Republic of Germany as agreed, including for deliveries abroad.
2.    ancillary to the contract or to these Terms required to be in writing.
3.    possible invalidity or invalidity of one or more provisions of these Terms shall not affect the validity of the remaining provisions. The parties commit themselves to the provision invalid by a sinnentsprechende effective determination to replace the proposed scheme economically and legally comes closest.
4.    place of jurisdiction is, if the customer is the merchant, the residence of the photographer.
 
 

gtc.

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