|
|
Terms and conditions picturemaxx.net RM
Terms and Conditions picturemaxx.net RF
Terms and conditions picturemaxx.net RMBelow you will find the Standard Terms and Conditions of picturemaxx AG for rights-managed images.
1. General Information
2. Legal Relationship
3. Use of the database/registration
4. Downloading/Agreement of Use/
additional agreements with the image suppliers
5. Fees
6. Ownership
7. Observations
8. Warranty/Liability
1. General Information1.1 For the offering of images, picturemaxx AG(hereinafter called picturemaxx) operates an online image database on the Internet under the domain www.picturemaxx.net/RP which may be used by image suppliers as a means of presentation and marketing, and by commercial image customers (hereinafter also called the ?Users?) for the search of images and the downloading of image files. picturemaxx thus makes available to image suppliers and image users a B2B (business to business) platform.
1.2 The business relationship between the image suppliers and the Users concerning the use of the images shall be subject to separate agreements of use between those parties. ?Image supplier? shall mean both the authors / image authors and the licensees of the image authors. ?User? shall mean those natural persons and legal entities wishing to use the images in the end and who use for this purpose picturemaxx' image database.2. Legal RelationshipThe legal relationship between picturemaxx and the Users shall be governed exclusively by the following Terms and Conditions. By his registration and/or the use of picturemaxx' image database the User accepts being subject to these Terms and Conditions and furthermore declares that he will use the images within the scope of a commercial activity. Terms and conditions to the contrary, or diverging terms and conditions of the User are hereby expressly objected to; nor shall such terms and conditions apply in the event that picturemaxx provides such services without reservation in awareness of such terms and conditions to the contrary of the image user.3. Use of the database/registration3.1 Any User may run searches in picturemaxx' image database and view there the thumbnails made available. Possibilities beyond this scope are available only to registered users.
3.2 The User may register with picturemaxx and, in the event of acceptance by picturemaxx - the acceptance being reserved by picturemaxx - shall be given more extensive possibilities as set forth under points 3.3 and 3.4 hereunder. In his application for registration, the User shall give a user identification and a password. He shall not be allowed to disclose this identification and this password to third parties and shall be liable for any abuse of these data. The User is obligated to give only true data in his application. Should picturemaxx and/or the image suppliers become aware of the User?s giving untruthful data which may cause, or have caused, damage, picturemaxx and/or the image suppliers will identify the User by means of the IP address given by him for registration, and claim damages.
3.3 Users who have registered only by electronic means without having returned the signed agreement of use to picturemaxx, shall only have the possibility of viewing and downloading thumbnails and previews of the images (with watermark/seal). Some image suppliers allow electronically registered users also to download a small number of images in preview- or high resolution and to use these images, e. g., for layout purposes, even if an agreement of use has not been signed and returned to picturemaxx for the time being.
3.4 Registered users who have signed and returned to picturemaxx the original or a fax copy of the agreement of use which had been sent to them on behalf of the image suppliers, shall be given more extensive possibilities of use for the downloading and archiving of the images in preview- and high resolution. This shall, however, not include the use of the images for more extensive use and, in particular, for publication. More detailed information on this issue can be found in the agreement of use sent to the User upon registration. In addition, reference is made to point 4 hereunder.
3.5 Neither picturemaxx nor the image suppliers shall be obligated to keep the User?s possibility of use of the image database. For this reason, the rights granted to the User upon the acceptance of his registration can be revoked at any time by picturemaxx and/or any or all image suppliers, e.g., by blocking access.
3.6 The data given by the User on registration are stored electronically and used by picturemaxx exclusively within the scope of the business relationship with the User. For such purpose, the data are also forwarded to the image suppliers.
4. Downloading/Agreement of Use/
additional agreements with the image suppliers4.1 When registering, the User states that all image suppliers linked to picturemaxx are to be informed of the fact of his registration and furnished the data entered for registration in preparation of the conclusion of contracts between the User and the image suppliers. If certain image suppliers singled out by the User are not to be given this information, the User shall explicitly inform picturemaxx of this fact.
4.2 Upon receipt of such registration information, picturemaxx shall offer the user the entering into a written agreement of use in the name of the image suppliers (see also point 3, paragraph 2).
The user?s entitlement to use the previews to an extent beyond their downloading, in particular to download preview files without a registered watermark/seal and high resolution files as set forth under the agreement of use, shall be subject to the prior entering into the above agreement of use.
picturemaxx shall only arrange the entering into of such an agreement and shall not be liable for the contents of such and other agreements between the User and the image supplier.
4.3 It is pointed out to the User that by entering into the above agreement of use only the rights explicitly stated in such agreement shall be granted by the image supplier. The entitlement to a more extensive use and in particular to the publication of the images shall be subject to the entering into of a supplementary individual agreement between the User and the respective image supplier. For this purpose, the User shall contact the respective image supplier.
5. Fees5.1 Online searches in the image data base and the viewing of thumbnails or previews are free of charge for the User.
5.2 Each download of reproducible images (preview files without registered watermark/seal and/or high resolution files) is subject to the payment of a fee. If the fees are not stipulated in the Agreement of use or indicated by the image supplier together with the image files, the downloading fee shall be separately agreed upon with the image supplier and be paid to him. Further details on this issue are set forth also under points 3.3 and 4.2 of the mentioned agreement of use. All fees quoted in offers, price lists and other documents are always to be understood as net fees without value added tax.
5.3 In the case of an interruption of the download due to circumstances for which picturemaxx is responsible (that is in particular a temporary failure of picturemaxx' server), the User shall be entitled within a period of 8 days from the unsuccessful download to repeat the download free of charge in the menu Personal Settings/button: History.
5.4 After the download the User will be sent an invoice by the image supplier(s) for the use and download fee. The fees for a more extensive use of the images are to be agreed upon in a separate agreement with the image supplier and to be paid accordingly to the image supplier. Fee payments must always show the image ID (name of the image file) and the name of the image supplier.
6. OwnershipThe image data base is the property of picturemaxx or of its licensers and is protected by copyright. Any archiving of its data ? whether for private or commercial use ? shall be prohibited.
7. Observations7.1 It is pointed out to the User that all image files are protected by copyright and that their use is only allowed in line with the provisions set out in the agreement entered into with the respective image supplier.
7.2 It is again pointed out to the User that the contract for the use of the images beyond the search and viewing of the thumbnails in picturemaxx' data base is concluded exclusively between the image supplier and the User and that the parties to such a contract shall agree upon the terms of such use between themselves. picturemaxx shall only arrange the entering of the relationship between the User and the image supplier.
8. Warranty/Liability8.1 picturemaxx does not warrant to the Users that an availability at any time of picturemaxx' image database is the object of a performance promised by picturemaxx to the User.
8.2 Within the scope of the services provided by picturemaxx, picturemaxx shall only make available to the respective registered and connected users the means for searching, viewing and downloading the images of the respective image suppliers. The service provided by picturemaxx, especially for downloading, consists merely in giving access to picturemaxx' corresponding server as the operator of the servers and in their connection to telecommunications lines. The risk of an interruption of the download on the external communication path (telecommunication lines/Internet/circumstances in the sphere of the User) is to be borne by the User.
A particular performance especially regarding reply and reaction times of picturemaxx' servers shall not be guaranteed. picturemaxx shall, however, endeavour to configure its IT resources in such a way that an acceptable performance is achieved.Terms and Conditions picturemaxx.net RFBelow you will find the Standard Terms and Conditions of picturemaxx AG for royalty-free images.
§ 1 Scope
§ 2 Subject matter of the contract
§ 3 Conclusion of the contract
§ 4 Extent of licensing rights
§ 5 Limitations of use
§ 6 Performance and transfer of risk
§ 7 Payment conditions
§ 8 Damages
§ 9 Duration and termination of the licence
§ 10 Final provisions
§ 1 Scope1.1 For the business relationship between picturemaxx AG (hereinafter: "picturemaxx") and its customers, the following General Business Terms and Conditions (hereinafter: "Terms and Conditions") exclusively apply in the version accessible under www.picturemaxx.net upon submission of the customer?s declaration, unless the parties agree something different in writing.
1.2 Differing, contrary or supplementary terms and conditions in the customer?s Terms and Conditions only become part of the contract if and to the extent that picturemaxx specifically agrees to their validity in writing. Contrary terms and conditions in the customer?s Terms and Conditions are expressly contradicted.
1.3 The term "royalty-free image material" in the meaning of this Terms and Conditions includes all visual representations that are created optically, digitally, or in another manner and are displayed or recorded in a physical or non-physical form on a medium (e.g. photographs, graphics, illustrations, drawings, paintings, moving images), that are usable on the basis of an all-in licence model worldwide and unlimited in terms of time, according to the provisions below.
§ 2 Subject matter of the contract2.1. picturemaxx offers online, against payment, the licensing of rights of use to royalty-free image material.
2.2. The image material is not sold to the customer by picturemaxx. According to the following provisions, the use of the image material is licensed and a data carrier is supplied with it, if required. § 3 Conclusion of the contract3.1 Prior to conclusion of the first contract, the customer must register with picturemaxx. The customer data required for the business relationship to proceed will be stored by picturemaxx and exclusively used within the scope of the business relationship.
3.2 Conclusion of the contract takes place strictly via the Internet. Each customer order is binding. picturemaxx will confirm receipt of the order without delay. The confirmation of receipt does not form a binding acceptance of the order. The confirmation of the order receipt can be combined with the declaration of acceptance. The contract wording is stored by picturemaxx and can be sent to the customer, together with the Terms and Conditions, upon request.
3.3 If the customer desires immediate online licensing of image material, picturemaxx will declare acceptance of the order conclusively through the release of the image material for downloading.
3.4 If the customer desires postal dispatch of the image material stored on a data carrier, picturemaxx will declare the acceptance of the customer?s order conclusively through the dispatch of the respective data carrier to the customer. § 4 Extent of licensing rights4.1 The image material is made available to picturemaxx by various royalty-free agencies for online marketing. The image material is subject to copyright protection.
4.2 The customer acquires a non-exclusive, worldwide, non-transferable and non-sub-licensable right to represent, reproduce and utilise the selected image material or parts of it through a medium of his choice for own informational, illustrational or advertising purposes, subject to the limitations of use under § 5. The customer is entitled to reproduce, change and process the image material for own purposes, as well as to create a security copy of the image material for the purpose of storage and archiving.
4.3 Any type of use beyond that specified in Number 4.2 requires the separate written approval of picturemaxx. picturemaxx reserves all rights not specifically granted to the customer. § 5 Limitations of use5.1 The customer is prohibited from giving away, selling, renting or otherwise ceding under sub-licences to third parties, any rights granted under this Terms and Conditions.
5.2 A maximum of 10 employees of the customer are permitted access to and use of the image material via the computer network. If the image material is made available on larger computer networks, the customer must acquire an upgrade licence. The customer is furthermore prohibited from utilising the licensed image material in collaboration with third parties or from constructing a network of servers with or without a central site, which enables access to the image material by third parties, or from making the image material accessible or publicly available online in a downloadable form.
5.3 When inserting the licensed image material into digital or electronic material, particularly websites, multimedia presentations and CD-ROMs, the image resolution may not exceed 480 x 640 pixels (72dpi). Furthermore the type of insertion of the image material in the overall design must make it clearly recognisable that it may not be downloaded or copied by third parties.
5.4 Use of the licensed image material is not permitted in the manufacture of products for resale, where the majority of the value of the product is based on the value of the image material (e.g. postcards, posters).
5.5 Use of the licensed image material is not permitted as part of a brand and its use must not violate trademark rights or other intellectual property rights of third parties.
5.6 The licensed image material or parts of it, particularly with respect to personal rights of persons depicted and other intellectual property rights of third parties in depicted motifs, are not to be used in a pornographic, defamatory, libellous or otherwise illegal manner, either directly or indirectly or in combination with other materials. In the event of intended use of the image material with morally questionable topics such as drugs, or physical and moral cruelty, AIDS, cancer or other serious physical or mental infirmity, as well as slander of a person or matter, the customer must obtain a written approval from picturemaxx in advance.
§ 6 Performance and transfer of riskpicturemaxx makes the licensed image material available for downloading. Alternatively, the parties can agree to postal delivery on a CD-ROM. In the latter case, the risk of coincidental loss and coincidental deterioration of the image material and the data carrier is transferred to the customer upon handover to the deliverer.
§ 7 Payment conditions7.1 The license fees apply on the picturemaxx price list, which can be accessed under www.picturemaxx.net, plus the applicable statutory VAT and possible shipping and handling costs.
7.2 The customer can always pay via credit card. Payments on invoice or by direct debit are only possible following the appropriate clearance by picturemaxx.
§ 8 Damages8.1 The customer is obliged to release and indemnify picturemaxx from all damages and liability claims by third parties arising from use of the image material that does not comply with the above-mentioned provisions.
8.2 Damage liability, including liability for faults on the part of picturemaxx is excluded in the event of slightly negligent violation of duties, to the extent that these are not in respect of significant contractual duties, damages due to injury to life, body and health, guarantees pursuant to § 443 BGB (German Civil Code) or claims under product liability law. Insofar as picturemaxx is liable due to slightly negligent violation of a significant contractual duty, the liability is limited to damages that are foreseeable under typical contractual circumstances.
8.3 Insofar as damage liability is excluded or limited, this also applies to the personal liability of employees, colleagues, representatives and vicarious agents of picturemaxx.
8.4 picturemaxx has a right to object on the basis of contributory negligence. The customer is specifically obliged to secure data and protect it from viruses according to the current state-of-the-art.
8.5 picturemaxx is not liable for the functional capability of data networks or data lines to its data centre, or for energy cuts or failure of networks or servers, insofar as picturemaxx has not caused the functional impairment or failure through intent or gross negligence.
8.6 Subject to the above provisions, picturemaxx is not liable for,
- the licensed image material being marketable or suitable for a specific purpose;
- the availability of the required permits for the respective use of the image material, as may be necessary for the depiction of persons, works of art or architecture, as well as for other image material, to the extent that it affects names, companies, brands or other intellectual property rights of third parties. The customer bears the sole responsibility for obtaining the required permits for the relevant use of the image material.
§ 9 Duration and termination of the licence9.1 The licence for use is granted for an indefinite period.
9.2 picturemaxx has a right at any time to terminate the licence for use for an important reason. An important reason exists in particular if the customer violates the conditions for use defined in §§ 4 and 5 or, despite a reminder with setting of a grace period, does not fulfil the obligation of paying the licence fee. In case of termination of the licence, the customer is obliged immediately to cease utilising the image material, to erase completely the digital image material from his data carriers and to return to picturemaxx any data carriers that have been provided. § 10 Final provisions10.1 This Terms and Conditions and all legal relationships between picturemaxx and the customer are subject to the law of the Federal Republic of Germany, to the exclusion of German international private law and the UN Convention on Contracts for the International Sale of Goods.
10.2 The place of performance and exclusive jurisdiction for all claims in connection with the legal relationships between picturemaxx and the customer is Munich.
10.3 Amendments or supplements to the contract must be in text form (e.g. telefax or e-mail) in order to be valid.
10.4 This Terms and Conditions are drawn up in original in the German language, being the only authentic text. |
|
