Conditions
| Standard Terms and Conditions |
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A In general |
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| 1 | All offers and deliveries of pictorial materials-including submissions (physical) and transmissions (electronic)-as wellas the issuanceof use rights shall be made subject toconfirmation and not exclusiveto the following Standard Terms and Conditions. |
| 2 | Conflicting or amended Standard Terms and Conditions or special agreements shall be valid only upon written confirmation on the part of Leipziger-Bilderkiste. The orderers Standard Terms andCondition are hereby expressly rejected. |
| 3 | Rejection of the Standard Terms and Conditions shall be valid only if a direct objection is made by way of telephone and the delivered pictorial materials are returned immediately, wthin three busines days of receipt of the pictorial materials by the orderer. |
| 4 | Complaints, whether quantitative or qualitative in nature having to do with delivery or content of the pictorial materials, are to be asserted by adherence to the same deadlines. If no timely complaints is made , there shall be no liability on our part for any already-incurred or potential costs. |
| 5 | At the time of order , but in every case before use of the pictorial materials, the orderer shall be requi- red to declare the medium, type and scope of the planned use, and obtain the consent for such use from Leipziger-Bilderkiste. If the stated use criteria are not consistent with actual use, the consent to use materials shall be deemed not to have been granted. Leipziger -Bilderkiste shall be indemnified for all damage claims on the part of third parties. |
| 6 | All submitted pictorial materials shall at all times remain the property of LEIPZIGER-BILDERKiSTE. |
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B Services Provided |
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| 1 | Processing and mailing and/or transmission fees will be harged for deliveries or transmission of pictorials materials. |
| C Declaration of Use, Use Fees | |
| 1 | Each and every use of our materials is subject to free payment. This includes the use of the material as a work sample, for drawings, caricatures, for purposes of layout and presentation, as well as for own visual realisations or for visual projections. It also includes the use of pictorial details in the creation of new visuel works, for example photo montages. |
| 2 | The orderer shall be required to submit a detailed use declaration for the visual materials. These shall depend upon the medium used as well as the type and sccope of use, and are to be obtained by consulting the price list currently in effect.Deviations from the list of fees are valid only if they have been confirmed by us in writing. |
| 3 | The fees shall apply exclusively to a single use forthe purpose declared, within the stated scope and within theagreed-upon time period. All fees statedin offers and price list are to be understood as net prices, plus value-added tax. The use rights shall be deemed not to have been assigned if a fee is not paid. |
| 4 | Each use exceeding this fundamental scope shall again be subject to declaration and fee payment, andrequires consent. |
| 5 | Should the ordere not provide detailed information regarding the scope of use, LEIPZIGER-BILDKISTE shall have the right to establish a fixed-rate fee. Unauthorsed use archiving, or passing on of our pictorial materials shall be charged a minimum use fee by us; we hereby expressly reserve thright to pursue any and all additional claims for damage compensation. |
| 6 | Should an agred-upon use or publication of pictorial materials not in fact be undertaken, there shall be no right to arefund of already-submitted fees. |
| D Restraint on Disposal, Liability, Claims for Damage Compensation |
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| 1 | As a general rule, onlythe use right to the photographic copyright is being assigned. |
| 2 | To the extent that publication could violate the rights of personality of the person depicted, it shall be theresponibility ofthe ordere to obtain any necessary consent. Theordere shall be required to indemnify LEIPZIGER-BILDERKISTE for any and allpotentialclaims for damages resulting from the failure to comply with thisduty of care. |
| 3 | Distortion of a work protected by copyright by means of photographic adjustment, electronic change by means of photo composing, and similar procedures is prohibited. Any exceptions must be made in advence by LEIPZGER-BILDERKISTE in writing. |
| 4 | Unsuitable use and/or falsifications, whether verbal or visuel as well as uses which could result in the disparagement of the person decipted, are prohibited and subject the user to potential third-party liability for damages. |
| 5 | Reproductions of and electronic files storing our pictorial materials, held in direct connecton with the use envisioned, must be destroyed or erased, respectively, without delay following termination of production. |
| 6 | The reproduction and electronic storage of our pictorial materials for the pürpose of own archiving and passingo on the pictorial samples combined with potential permission to reprint issued to third parties is permissible only if written consent has been obtained. |
| 7 | The user shall be obligated to comply witu the fundamental publishing principles established by German Press user shall assume the responsibility for any accompanying text. LEIPZIGER-BILDERKISTE hereby disclaims all responsibility for any and all violations of general rights of personality or copyright by way of unauthorised or distorted use of visuel or textual materials. |
| 8 | LEIPZIGER-BILDERKISTE shall not acknowledge any claims for compensation for damages arising out of the individual use of our pictorial samples. The person responsible for the respective medium shall assume sole responsibility-regardless of wheather such claims arise from potential violations of the rights of personality of the person depicted, the right to the picture itself, or unauthorised commercial use. |
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E Urhebernennung, Agenturvermerk, Belegexemplare |
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| 1 | With referenceto §13 of the Urheberrechtsgesetz (Copyright Law), we hereby expressly state that we are prepared to issue use rights only if publication is accompanied by anagency and copyright credit-LEIPZIGER-BILDERKISTE along with the name of the pictures author. |
| 2 | This credit must be made in such a way that it allows for clear identification, i.e., that it undoubtedly refers the respective visuel image. |
| 3 | According to §25 of the Verlagsgesetz (Publishing Law), the ordere of our pictorial materials shall be required to, submit two complete specimen copies to the extent that such pictorial materials are utilised in the publication. |
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F Terms of Payment, jurisdiction and Venue, Miscellaneous |
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| 1 | Our invoices are always to be paid net without any deductions. |
| 2 | The date of the invoice shall constitute the payment due date. |
| 3 | Place of performance,jurisdiction and venue for both parties shall be Leipzig, Germany |
| 4 | German law is hereby agreed to be applicable to deliveries to foreign countries. |
| 5 | If one the provisions of Standard Terms and Conditions should be considered null and invalid, this shall not affect the validity of the remaining provisions of the agreement. |
status 12/2005 |
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