Standard form contract
terms
and conditions
Copyright
All photographs appearing at this site are the property of
LATINPHOTO.org and its members are protected under Swiss law and
international copyright laws. The images may not be altered or
manipulated without permission. General Conditions All
offers, shipments or electronic transmissions as well as the
allocation of utilization rights (licensing) are exclusively
provisional and not excluding the standard conditions of the
contract. Amendments of contract terms are only applicable if
confirmed in writing. Contract terms of the customer, printed on
order forms, delivery confirmations or other documents are hereby
declared inapplicable. The customer must declare the intended use
of the images prior to licensing or, at the latest, technical
utilization. According to the customers declaration, permission
will be granted for usage of delivered photographic materials. If
the customers declaration does not correspond with the intended
usage, permission is not granted and Latinphoto.org refuses any
liability for claims of compensation from third parties. Fees
Usage of photographic material is subject to fees. Fees have to be
agreed to prior to utilization of the images and are dependent on
the type of media as well as the type and extent of utilization,
which has to be declared in advance. If the customer does not
inquire about the fee, the respective valid fee will apply. If the
customer supplies no exact information for utilization,
LATINPHOTO.org is authorized to charge a flat fee. Fees are only
applicable for a single usage of the images and the declared
extended purpose mentioned and agreed. Further, usage of the
images is subject to prior written permission and renewed fees. If
an illustrated object (e.g. a book, CD-cover, brochure etc.) is
displayed in a new media, an additional fee is payable for the
displayed photographic motive, regardless of the fee already paid
for the usage rights of the same picture in connection with the
original use of the photographic material. This applies
particularly to advertising purposes of the acquired images.The
user must inform LATINPHOTO.org
of the new utilization and needs additional permission in order to
use the image or images again. If any photographic material is
used, published or passed on without authorization, a minimum fee
of five times the basic fee is due, subject to further claims of
compensation. Exclusive rights or a waiting period have to be
agreed upon and, separately, a required minimum surcharge of 100%
of the respective basic fee is due. Fees are due three months from
the customers started utilization at the latest, even if the
publication or other usage has not taken place. Limitation of
Disposal, Liability, Utilization and Copyright Laws In
principle, only the utilization right of the copyright is
transferred. This applies particularly to images with several
copyrights (e.g. the works of plastic arts or performing arts).
The redemption of further copyrights as well as obtaining
publishing permission from collections, museums etc. is the
responsibility of the user. The photos supplied can only be used
as stipulated in the contract or license agreement. The rights
stipulated in the contract or license agreement are valid to the
agreed extent only for a single usage. Repetitions or other
extensions of the initially permitted utilization concept is
subject to prior permission. Prior permission of photographic
material has to be obtained particularly in case of intended usage
of publication for advertising purposes. If during a usage in
advertising the personal rights of a portrayed person is affected,
obtaining permission from the portrayed person lies within the
responsibility of the user. In case compensation claims of a
portrayed person arise because the user did not obtain permission,
LATINPHOTO.org
rejects any liability. Inappropriate usage and distortions of
pictures or tone as well as their utilization which could lead to
the disparagement of any persons portrayed, are not permitted and
lead to compensation claims against the user. It is an absolute
requirement that the customer must inform Latinphoto.org without
request about the extent of unauthorized storage of the material.
The user is required to honor the journalistic principles of the
International Press Council (Press Code). The user, the customer
respectively, is responsible for the wording. We reject liability
for violation of the general personality or copyright law when
wrong arrangements or distorted meaning in pictures or wording are
used. Only the user is responsible for compensation claims from
third parties if these laws are violated. Copyright, Voucher Copy
with Reference to International Copyright Law (§13UrhG) A
copyright entry is demanded explicitly which has to be printed in
a location, permitting no doubts about the relation between the
picture and the copyright holder. Lists of reference are only
adequate if an unambiguous relation to the respective picture is
established. Additionally, upon payment of the balance, the
customer has to state exactly in which publication and location
the picture has been published. If the customer fails to print the
copyright entry, LATINPHOTO.org
is authorized to charge a compensation fee of 100% of the
respective usage fee as well as additional administration charges.
The user has to discharge Latinphoto.org from all compensation
claims of third parties in case of failing to print the copyright
entry. The right of citing the copyright cannot be settled through
payment of a higher fee. This also applies to advertising,
web-site-pages, any other electronic media or insertions in
television programs, movies or any additional media if no other
special agreement was made.
Copyright by LATINPHOTO.org and its members
Copyright by LATINPHOTO.org and its members