Conditions of Use
General terms of business picture is made available by Photos world-wide exclusively on grounds of these terms of business.
Photos world-wide makes available his photos not exclusively to the in the following performed conditions to according to press, unique, not transferable utilisation for books, Print-and digital media, for film projects and television projects as well as for
advertising purposes and private individuals.
- 1.The customer can use the on-line picture data bank to investigate in the picture data supplies stored there on-line after photos and to spread this as fine data will be sent to you.
- 2.Claims to damage substitute because of lacking technical quality concerning the technical or other concealed defects which concern the digital pictures are excluded.
- 3.The transmitted digital picture records and the picture information coding in them always remain a property of Photos world-wide. The digital pictures become exclusively passing and to the acquisition of easy rights of use i. S.d. Of copyright provided.
- 4.Records may be stored by the contracting partner from the time of the download from the data bank of Photos world-wide during four weeks electronically. At the end of the term the records and everything her must be extinguished in view of the use for the technical treatment to necessary copies from all digital as well as electronic on-line and off-line memory media of the customer.
Every use of the digital pictures is liable to fee. This also counts by use of a digital picture as a presentation to drawings, caricatures, to post positive photos, by use for layout purposes (dummies) and customer presentations.
For every download of a record a suitable fee becomes due (incl. taxes and fees). In relation on the small enterpriser regulation (§19 paragraph. 1 sales tax law - UstG) no sales tax is expelled in calculations separately and no pre-tax deduction is asserted. The fees count only to the unique use, time, circumference and spreading space (land). Every other use including the use for the
product of the contracting partner accompanying prospectuses or advertisement is liable to fee once more and needs the previous
approval of Photos world-wide. Exclusive rights or locking terms must be agreed separately.
C. Possession restriction, liability, utilisation rights and copyrights
Basically only the unique right of use the photographic copyright will be transferred. The photos are made available by Photos world-wide only to the permitted contract way of use. The by contract put away rights count only to the unique use in the agreed circumference. Repetitions or other expansions of the original rights of use are permitted only with our previous written approval. The passing on of the pictures in electronic, digital or analogous form or the passing on of stress rights into three parts is not permitted.
The contracting partner is obliged to the attention of the journalistic principles of the German press council (Press codex). The contracting partner carries the responsibility for the text. Picture and text may not be used sense-disfiguring or falsifying. For an injury of the general personality right or the copyright by an agreement-contrary or sense-disfiguring use in picture and text Photos world-wide takes over no liability. By injury of such rights only the contracting partner is damage indefinable towards any third. No liability for the content correctness of the picture legends and texts takes over Photos world-wide.
From Photos world-wide given approval with the use of the picture does not enclose the assurance that illustrated persons have given the approval of a public reproduction, in particular to the use within the scope of the advertisement. The obtention of the approvals necessary in the isolated case of third is incumbent upon the customer. The customer has the personality, originator, brand rights and other protective rights of illustrated persons, works, objects or signs concerning the regulations of the land in which the use should be decided to follow independently. This does not count, provided that the presentation of the necessary approval or rights has been assured by Photos world-wide expressly in written form. Photos world-wide requires with reference to §13 ( German copyright law UrhG) expressly an agency and originator note in the form
enclosed to the digital picture and in a way that no doubt about the allocation can exist to the respective picture. Collective picture proofs are sufficient in this sense only, provided that from these likewise the definite allocation lets plan to the respective picture. Figure 6 also counts to advertisement, insertions in telecasts, films or other media, if no explicit special arrangement was met.
From every use two entire document copies or a document about the electronic use are unsolicited within two weeks after first sales day and are free to send. Every grant of rights of use occurs under the condition that the owed fee of utilisation is paid to Photos world-wide.
D. Contract punishment / liquidated compensation
Overall damage substitute by unjustified use, distortion or passing on of the digital pictures in electronic, digital or analogous form, unjustified passing on of stress rights into three parts as well as unjustified manufacturing of copies of digital records or analogous representations of the picture contents contained in the records for the archive purposes of the customer as well as passing on the same into three parts a contract punishment becomes due provisory of the assertion of pity claims for damages by height of the 5-fold of the usual fee of utilisation. The payment of this contract punishment releases the second user not from the fee payment. For the pictures which are published without or with wrong agency and/or originator note a surcharge becomes due at the rate of 100% on the suitable fee of utilisation.