Standard form contract

terms and conditions

Copyright All photographs appearing at this site are the property of 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 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, 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 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, 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 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, 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 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 and its members

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