General Delivery- and conditions
1. The following general delivery- and conditions (mentioned in the following terms and conditions) apply to all orders of the Photographer, Offers, Supplies and services.
2. They are agreed upon acceptance of delivery or performance or. photographer's quotation by the customer, however no later than the acceptance of the photographic material for publication.
3. If the customer does not accept these Terms and Conditions, this is to explain in writing within three working days. Deviating conditions of the customer hereby. Deviating terms and conditions of the Customer shall not be valid, unless, the Photographer agrees in writing.
4. The terms and conditions apply in the context of an ongoing business relationship notwithstanding the absence of any express reference to all future orders, Offers, Goods and services of the photographer, Unless expressly exceptions will be made.
1. Unless the photographer cost estimates, these are non-binding. Occur during the production cost increases one, these only show by photographer, when it becomes, that thus exceeding the original estimate of total costs by more than 15 % is expected. If the planned production period is exceeded for reasons, the photographer is not responsible, it is an extra allowance on the basis of the agreed time or fee. be made in form of a reasonable increase in the flat fee.
2. The photographer may, Services from third parties, which must be purchased to carry out the production, on behalf of and with and for the account of the customer to commission.
3. Unless otherwise provided, the shots, to the customer upon completion of production submitted for acceptance, selected by the photographer.
4. If the photographer within two weeks after submission of the photographs received no written notice of defects, The recordings are taken with the Contract and be free.
III. Provision of photographic material (analog and digital)
1. The terms and conditions shall apply to all customers on photographic material, matter what its degree of completion or technical form. They apply in particular to electronic or digitally transmitted photographic material.
2. The Customer acknowledges, that it supplied the photographic images protected by copyright as defined by photographic works. § 2 Copyright Act Section 1, Clause 5.
3. By the Customer Design proposals or concepts are independent services, to remuneration.
4. The photographic material remains the property of the photographer, even in the case, that have been received for.
5. The customer shall treat the photographic material carefully and may it to third parties for internal business purposes of examination, Selection and technical editing.
6. Complaints, the contents of the delivery or content, Affect image quality or state of the material, are notified within two weeks after receiving. Otherwise, the photographic material shall be properly, received according to contract and as listed.
IV. Use rights
1. The Customer shall fundamentally only receive simple utilization rights for one use. Publications on the Internet or in digital databases are limited unless otherwise agreed in time to the duration of the publication period of the corresponding respectively. a comparable printed item.
2. Exclusive use rights, media-related or spatial exclusive rights or blocking periods must be agreed separately and as a surcharge of at least 100% on the basic fee.
3. With the delivery, only the utilization rights for one-time use of the photographic material for the purpose specified by the customer and in the publication and in the medium or media, which / s / s or the customer has indicated that / s / r from the circumstances of the placing of the order. If in doubt, is largely the purpose of use, for the photographic material of the delivery note or the address has been provided.
4. Each item on 3. Any other use, Utilization, Duplication, Distribution or publication fees and requires the explicit permission of the photographer. This is especially true for:
- secondary exploitation or publication, particularly in anthologies, product-related brochures, advertising or other reprints, any editing, Changes or alterations to the photographic material,
- the digitization, Storage or duplication of the photographic material on data media of any kind (z.B. magnetic, optical, magneto-optical or electronic media such as CD-ROM, DVD, Hard drives, Main memory, Microfilm etc.), other than for the technical processing and management of the photographic material pursuant. Ziff.III 5. Terms used,
- Any reproduction or use of the image data on digital storage media, any inclusion or display of the image data on the Internet or in online databases or other electronic archives (even if it is the customer's internal electronic archives),
- the transmission of digitalized photographic material by data transmission or on data carriers, suitable for reproduction on screens or for the production of hard copies.
5. Changing of the material through photo composing, Mounting or electronic means to produce a new copyright work shall require the prior written consent of the photographer and shall be designated with [M] permitted. It should also not signed off the artwork, copied, photographed or otherwise used as a motif.
6. The customer is not entitled, rights granted to it in whole or in part, to third parties, and not to any other group- or subsidiary, to transfer. Any use of, Reproduction or distribution of the pictures is only permitted on the condition that the copyright information stipulated by the photographers in clearly allocated to the picture.
7. The license granted under the condition precedent of full payment of all payment claims by the photographers from the respective contract.
1. The photographer is not liable for the infringement of rights of persons or objects depicted, unless, it is accompanied by a duly signed release form. The acquisition of rights of use of the photographic copyright to, of. B. for images showing works of fine or applied arts and for obtaining releases from collections, Museen etc. responsibility of the customer. The customer bears the responsibility for the texts and the publication resulting from the specific contexts.
2. From the date of delivery of the artwork, the customer is responsible for its proper use.
1. It is the agreed fee. If no fee has been agreed, it shall be determined by the prevailing list of photographic fees issued by medium-sized Foto-Marketing (MFM). The fee does not include the applicable VAT.
2. The fee is the unique use of the photographic material for the agreed upon pursuant to Section. IV. 3 compensated.
3. By the order costs and expenses incurred (z.B. Material- and laboratory costs, Modellhonorare, Costs for required props, Traveling expenses, other necessary expenses) are not included in the fee and are charged to the customer.
4. The fee shall be payable upon delivery of the photographs. If the production are supplied in parts, then the corresponding part of the corresponding delivery fee payable. The photographer may, to require that production orders, progress payments according to the percentage of completion of.
5. The fee provided for VI. 1. Conditions of Business shall also be settled in full, if that is not published, commissioned and supplied photographic material. When using the recordings as a basis for layout- and presentation purposes is a different agreement, a fee of at least 75,00 per photograph.
6. An offset or exercise the lien is permitted only with undisputed or legally binding claims of the customer. Also permitted is the set-off against disputed counterclaims but ready for decision.
VII. Return of photographic material
1. Analog photographic material is supplied in the form immediately after the publication or use agreed, but no later than 3 Months after the date of delivery, returned automatically; enclose two copies. An extension of the 3-month period shall require the written permission of the photographer.
2. Digital data are to be deleted and accounts of the use or. the media destroyed. The photographer is not responsible for the existence and / or the possibility of renewed delivery of data.
3. If the photographer on the customer's request or with his consent photographic material solely for the purpose of testing, whether a use or disclosure would be considered, the customer has analog photographic material no later than one month after receipt of return, except as noted on the delivery of any other period. Digital data shall be erased or. the data media destroyed or returned. An extension of this period may only be, if it has been confirmed in writing by photographer.
4. The return of the artwork is done by the customer at his own cost in standard packaging. The customer bears the risk of loss or damage during transportation to the entrance of the photographer.
VIII. Penalty, Damages
1. For any unauthorized (without the consent of the photographer's) Nutzung, Use, Reproduction or transmission of the photographic material for each individual case, a penalty of five times the usage fee, subject to further claims for damages.
2. If the copyright, incomplete, the wrong position or copyright notice is not allocable, a surcharge of 100% the agreed or. to pay customary fee.
1. It is the law of the Federal Republic of Germany as agreed, and even in the case of deliveries abroad.
2. In addition to or modifications to these Terms must be in written form.
3. Any nullity or. Ineffectiveness of one or more provisions of these Terms shall not affect the validity of the remaining provisions. The parties undertake to, to replace the invalid provision by a valid one determination, the regulation of the targeted commercially and economically comes closest.
4. Of fulfillment and jurisdiction is, if the customer is a merchant, the residence of the photographer.
1. Online Content
The author assumes no responsibility for the timeliness, Correctness, Completeness or quality of the information. Liability claims against the author, which relate to material or immaterial, from the use or disuse of the information or. caused by the use of incorrect and incomplete information, are excluded, provided that the author is no demonstrably intentional or grossly negligent.
All offers are non-binding. The author expressly reserves the right, Parts of the pages or the entire offer without prior notice, to complement, or to discontinue the publication temporarily or permanently.
2. References and links
For direct or indirect links to other websites (“Hyperlinks”), which are outside the responsibility of the author, liability would only come into effect if, the author is aware of the contents and if it is technically possible and reasonable, to prevent the use of illegal content.
The author hereby expressly, that at the time of linking, no illegal content on the linked pages. On the current and future design, contents or authorship of linked / connected pages the author has no influence. Therefore it dissociates itself hereby expressly from all contents all linked / connected pages, were changed after the link. This applies to all within the own Internet offer set left and references as well as for external entries in guest books, Discussion Forums, Link directories, Mailing lists and all other forms of data, possible on the content of external write accesses are. Für illegal, incorrect or incomplete contents and for damages, arising from the use or disuse of such information, the sole provider of the page, was referred to, not the person, the links to the respective publication only.
3. Author- and Trademarks
The author is, In all publications the copyrights of the images, Grafiken, Tondokumente, To video sequences and texts, created by himself, Grafiken, TondokumentGraphicsdeo sequences and texts or to use graphics, Tondokumente, Video sequences and textSounds
All within the Internet offer specified and if necessary. protected brands- and are entirely subject to the provisions of applicable trademark law and the rights of their respective owners. The mere mention is not the final draw, that trademarks are not protected by law!
The copyright for published, by the author himself remains solely with the author. Any reproduction or use of graphics, Sounds, Video sequences and texts in other electronic or printed publications without the express permission of the author.
If within the Internet offer the possibility to enter personal or business data (Email addresses, Name, Addresses) is, the input of these data by the user on a voluntary basis. The use and payment of all offered services are – Where technically possible and reasonable – without disclosing such data or. under specification of anonymized data or an alias. The use of the imprint or comparable information published postal addresses, Phone- fax and email addresses for sending unsolicited information is prohibited. Legal action against senders of spam e-mails in violation of this prohibition are expressly reserved.
5. Legal validity of this disclaimer
This disclaimer is to be regarded as part of the Internet, were referred to on this page. If sections or individual formulations of this text are not, no longer or not completely correspond, the remaining parts of the document remain unaffected in their content and validity of.