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- Preface
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The following general Terms and Conditions apply to every order, offer, delivery and performed service, executed by Photowerkstatt Dresden - peak-photos.com .
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They become effective in the moment of the order of the delivery or service, but at the latest with the acceptance of the graphical material.
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These Terms and Conditions are in lieu of and replace any and all terms and conditions set forth in any documents issued by the customer*.
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The Terms and Conditions apply to all future orders, offers, deliveries and services of Photowerkstatt Dresden - peak-photos.com within an ongoing business connection, without explicit inclusion thereof.
*Below, direct business partners of Photowerkstatt Dresden – peak-photos.com are called customer.
- Relinquished Picture Material
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The Terms and Conditions apply to any graphical material relinquished to the customer, irrespective of their stage of processing and technical form. This is in particular applicable to electronic and digital material.
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The customer acknowledges that any material delivered by the author is copyrighted according to § 2 Abs.1 Ziff.5 German Copyright Act.
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Any ordered photography, suggestion of design, concept, scanning work, retouching and restoration by the customer is a self-contained service, which has to be paid for separately.
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The relinquished picture material remains property of the author; also in the case that compensation is paid.
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The author and the customer respectively ensures that he owns the copyright of the material he turned over in the moment he provides the material or places the order.
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The customer is only allowed to pass the picture material on to a third party for in-house purposes of triage, selection and technical processing.
- Licences
- Right Managed Pictures
For our license-requiring (Right Managed) pictures a simplified right of use is valid.
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The licence for right managed pictures (signed with RM) is applicable for one year and until a maximum sum of total circulation of 50000 worldwide from the time of the purchase. RM-pictures may only be used for print media (editorial, advertising, private and for posters, calendars, books, newspapers, journals, post cards), and in a maximum size of 600x600 px for online-use (e. g. websites, e-mails), as far as no restriction is given with the respective picture. The use of RM-pictures is not allowed for merchandise (products intended to be sold e. g. cups, kitchen and bathroom goods, sports articles, clothes, buttons, toys).
For longer utilization-time periods, circulations or for exceptions for merchandise please ask.
If the pictures are used for different clients of the customer (applies also to subsidiaries and parts of the corporate group), a new licence (at least standard printing licence) has to be purchased for each client.
The publication of pictures on the in- and outside of cover pages of all kinds of print media requires an extra licence at any rate. Please enquire if required. Flyers up to the size of 105 x 210 mm are excluded thereof.
Licences may succumb further specifications on individual pictures or authors. These specifications are marked visibly on the pertained pictures (also imbedded in the IPTC data, Keywords), and are part of the contract on purchase.
- Exclusive licences (media related or regional) or retention periods have to be purchased separately and entail at least a surcharge of tenfold of the particular standard licence (printing licence). With acquisition of exclusive-rights, the relevant picture will not be offered to any other customer from the moment of acquisition according to the agreements regionally or temporarily. However, previously acquired rights of other customers remain. Regarding circulation, there are no restrictions with acquisition of exclusive-rights. The duration of the application is a matter of agreement. For other conditions of the utilization our terms and conditions are to apply. Please note: also with acquisition of exclusive-rights the copyright remains in every case with the author of the picture!
- Only the licence is transcribed on payment by the customer and delivery. Only fully paid picture material may be published.
- The picture material shall be used in the original version. The content may be altered as long as it can be assumed that the alterations will not entail any disadvantages for the author, the model shown or for other third parties, as for example interference with the authors personal rights, damage to reputation, infringement of proprietary rights.
The utilisation for collages or as a motive (for instance as a copy or as picture within a picture) succumbs the authorisation of the author and may only be performed after consulting the Photowerkstatt Dresden – peak-photos.com. Such transformed pictures have to be marked with an [M].
In no event may the contents be distorted by the alteration. Picture material must not be contrived or imitated in any way, and no pictures must be taken of contrived or imitated scenes, shown on picture material of the Photowerkstatt Dresden - peak-photos.com.
- Any utilization, reproduction, distribution or publication exceeding paragraph III, cipher 1-4, require an additional licence.
This is in particular applicable for:
- a second utilization or second publication, in particular in anthologies, product accompanying brochures, advertising or other reprints.
- the digitalization, storage or reproduction of picture material on data storage mediums of all kind (for instance magnetic, optical, magneto-optical or electronic mediums such as CD-ROM, CD, floppy disks, hard disks, main storage, microfilm etc.) as far as it does not serve the technical processing of the picture material. The storage of a single identical backup copy is permitted.
- any unauthorized incorporation or reproduction of the picture file on the internet or in online data banks or any other electronic archives. In the length of time of the licence a thumbnail of the picture file may be saved in internal data banks..
- the dissemination of digitalised picture material by means of data transmission or data storage mediums, which are adapted for public presentations on screens or for the production of hardcopies.
- the utilisation of the picture material in public presentations (slide shows or beamer shows, multimedia, television, cinema, …) and in public exhibitions.
- The utilisation of the pictures in a racist, inhuman or pornographic way or in a way which glorifies violence or war or which hurts religious feelings is prohibited at any rate. Also the use in a way which discredits either the creator and/or the persons displayed, or if it can be assumed that the creator or the persons displayed may not agree to the publication, is not allowed. An existing Model Release (MRF) does not allow an exception.
For clarification: This applies to all images depicting the person in a situation which may violate such persons personal rights, including sexual acts or implied sexual acts or preferences, use or abuse of drugs, crimes, physical or mental abuse or pain, situations politically radical or capable of being misunderstood or any other situation likely to be deemed offensive to any person depicted in the contents (for example dating pages, erotic offers, pages morally harmful for adolescents). In this case, an expressive written approval from the person concerned must be obtained through the Photowerkstatt Dresden – peak-photos.com against a flat fee.
Also it is not allowed
- t o use the pictures as trademark, registered design, logo or company symbol or as part thereof;
- to use the pictures in templates intended for resale, for example templates for websites, calendars or albums;
- to use the pictures as flash templates, templates for business cards, templates for electronic greeting cards and templates for the design of brochures;
- to use the pictures directly or indirectly for inadmissible communication measures (for example spamming) or for other wrongful acts.
- The customer is not authorised to confer his licence in total or in parts upon a third party, neither upon other parts of the company or subsidiaries.
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Any utilisation, reproduction or dissemination of the picture material is only allowed after tagging it with the name of the author and the Photowerkstatt Dresden – peak-photos.com (example: Willi Muster/Peak-photos.com) or with the given copyright note, in a way which assigns the name or note doubtlessly to the picture.
- Any dissemination and resale respectively of the picture material to a distributor is strictly prohibited.
- Necessary permissions of the author are arranged by the Photowerkstatt Dresden - peak-photos.com.
- Royalty Free pictures (RF-Royalty Free)
- Royalty Free pictures are signed with RF. These pictures can be used temporarily unlimited and independent of circulation. These pictures can be used in all type of media. Online-use is allowed up to the maximum size of 600x600px and 96 dpi.
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Exclusive licences (media related or regional) or retention periods have to be purchased separately and entail at least a surcharge of tenfold of the particular standard licence (printing licence). With acquisition of exclusive-rights, the relevant picture will not be offered to any other customer from the moment of acquisition according to the agreements regionally or temporarily. However, previously acquired rights of other customers remain. Regarding circulation, there are no restrictions with acquisition of exclusive-rights. The duration of the application is a matter of agreement. For other conditions of the utilization our terms and conditions are to apply. Please note: also with acquisition of exclusive-rights the copyright remains in every case with the author of the picture!
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Only the licence is transcribed on payment by the customer and delivery. Only fully paid picture material may be published.
- The picture material shall be used in the original version. The content may be altered as long as it can be assumed that the alterations will not entail any disadvantages for the author, the model shown or for other third parties, as for example interference with the authors personal rights, damage to reputation, infringement of proprietary rights. The utilisation for collages or as a motive (for instance as a copy or as picture within a picture) succumbs the authorisation of the author and may only be performed after consulting the Photowerkstatt Dresden – peak-photos.com. Such transformed pictures have to be marked with an [M].
In no event may the contents be distorted by the alteration.
Picture material must not be contrived or imitated in any way, and no pictures must be taken of contrived or imitated scenes, shown on picture material of the Photowerkstatt Dresden - peak-photos.com.
- The utilisation of the pictures in a racist, inhuman or pornographic way or in a way which glorifies violence or war or which hurts religious feelings is prohibited at any rate. Also the use in a way which discredits either the creator and/or the persons displayed, or if it can be assumed that the creator or the persons displayed may not agree to the publication, is not allowed. An existing Model Release (MRF) does not allow an exception.
For clarification: This applies to all images depicting the person in a situation which may violate such persons personal rights, including sexual acts or implied sexual acts or preferences, use or abuse of drugs, crimes, physical or mental abuse or pain, situations politically radical or capable of being misunderstood or any other situation likely to be deemed offensive to any person depicted in the contents (for example dating pages, erotic offers, pages morally harmful for adolescents). In this case, an expressive written approval from the person concerned must be obtained through the Photowerkstatt Dresden – peak-photos.com against a flat fee.
Also it is not allowed
- to use the pictures as trademark, registered design, logo or company symbol or as part thereof;
- to use the pictures in templates intended for resale, for example templates for websites, calendars or albums;
- to use the pictures as flash templates, templates for business cards, templates for electronic greeting cards and templates for the design of brochures;
- to use the pictures directly or indirectly for inadmissible communication measures (for example spamming) or for other wrongful acts.
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The customer is not authorised to confer his licence in total or in parts upon a third party, neither upon other parts of the company or subsidiaries.
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Any utilisation, reproduction or dissemination of the picture material is only allowed after tagging it with the name of the author and the Photowerkstatt Dresden – peak-photos.com (example: Willi Muster/Peak-photos.com) or with the given copyright note, in a way which assigns the name or note doubtlessly to the picture. Merchandising products (for example cups, household, kitchen, bath or sports articles, clothes, toys, buttons ...) may not be signed in this way if it is arranged with the Photowerkstatt Dresden – peak-photos.com.
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A specimen copy of the printed medium or the merchandising product for which the picture was used should be submitted in duplicate to the Photowerkstatt Dresden – peak-photos.com.
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Any dissemination and resale respectively of the picture material to a distributor is strictly prohibited.
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Necessary permissions of the author are arranged by the Photowerkstatt Dresden - peak-photos.com.
- Liability and Warranty
- The Photowerkstatt Dresden – peak-photos.com assumes no liability for the violation of the rights of displayed persons or objects. Pictures are signed with MRF (Model Releas Formular) or PRF (Property Release Formular), respectively, if a release formular does exist. The acquisition of licences beyond the copyright of the picture or photograph, and the obtainment of permissions of publication at collections, museums, buildings etc. is incumbent upon the customer.
- The customer bears the responsibility for the text on the picture as well as the context arising from publication.
- Keywords and titles of the pictures are given to the best of our knowledge. Size information are based on rounded values of the picture data.
Although no responsibility is taken for the correctness of this information.
- The author avouches that displayed persons or the owner of the copyright of the displayed works of fine or applied arts have given their agreement of publication (including the utilisation for promotional purposes) in demonstrable form (release form). Pictures of persons or works, for which such an agreement exists, or only exists limitedly, have to be signed by the author clearly. The author is liable for any damages or expenses, which arise from false or insufficient marking to the disadvantage of Photowerkstatt Dresden – peak-photos.com.
- The originals and data storage mediums relinquished to the picture agency are treated with extraordinary diligence. We are liable for damages to drafts at most with the normal market price of the raw material (price of the film or paper).
- The Photowerkstatt Dresden – peak-photos.com is not bound to insure the picture material against loss or damages. If the customer wishes to take out insurance, he has to cover the expenses.
- The Photowerkstatt Dresden – peak-photos.com assumes no liability for loss or damage of picture material in the area of risk and accountability of its customers, to which it relinquished the picture material for sifting and selection, utilisation or further processing. Neither customers nor third partners are assistants of the Photowerkstatt Dresden – peak-photos.com.
- The Photowerkstatt Dresden - peak-photos.com is for the rest only liable for damages, caused by deliberate or grossly negligent behaviour by them, their legal agents or assistants.
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There is no guarantee for corresponding colours or tonal values of the pictures and original data. That’s why we can not accept complaints concerning normal or physical differences in terms of colour or tonal differences.
Please note: A proper outlook is only possible with calibrated screens, a correct printout only with accurate printer-paper-profiles. A screen view can never correspond exactly with a printer, as the colours on the screen are luminous and the colours on the printout are reflected.
Furthermore we do not accept any complaints caused by the quality (such as resolution and / or shifting of tonal values or colours) of the submitted picture files. This does not concern drafts, which have been submitted for retouching or restoration, exclusively.
- We are not liable for damages, not originating directly in the delivery item; in particular we are not liable for missed gains or other economical losses of the customer.
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Prices and Payment
- The stated price is applicable, or in particular cases, the agreed licence or charge. If no price or charge has been agreed on, the price or charge is determined according to the current overview of picture charges of the German Mittelstandsgemeinschaft Foto-Marketing (MFM). All prices and charges are inclusive of VAT (at the moment free of VAT according to §19 German VAT-Law “UStG”).
- The price is only applicable for utilisation of the picture material for the function agreed on according to General Terms and Conditions, paragraph III. If the picture material is determined for ongoing utilisation, this has to be arranged in a verifiable form.
- Any photography and proposal of design or concept, ordered by the customer, is an independent service, which is charged for separately. Expenses and disbursements (such as costs for the material, the laboratory, scans, picture editing, required requisites or travelling, fees for models or required allowances) arising through the order are not included in the charge and are for account of the customer.
- The price or charge (as stated in General Terms and conditions, paragraph V. 1.) has to be paid in full, even if the ordered and delivered picture material is not published. If ordered exposures are used as model for layout– and presentation purposes, then a charge of at least 75.00 € plus additional expenses will arise for every exposure, unless an agreement, according to paragraph V. 3. General Terms and Conditions, has been made.
- For layout works standard JPGs (resolution 600x600px – specification L) can be purchased for the current price of 4.50 € each. Also the cost-free use of JPGs with water mark (resolution max. 500x500px) is allowed for layout works. It is not allowed to use these cost-free pictures in any products.
- An offset or the exertion of the right of retention is only licit with undisputable or validly ascertained claims of the customer. The offset with denied or adjudicated counterclaims is licit, too.
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delivery is carried out against prepayment only (Paypal, transfer).
For regular customers different arrangements can be made.
- Consignment
- Postal charges and charges for consignment are calculated according to our price table. Additional costs for specific ways of consignment such as insured shipping, express mail service, registered mail, courier service, compensation delivery and others, are charged for additionally.
- The consignment of purchased electronic picture material from the Photowerkstatt Dresden – peak-photos.com on data storage media is free of charge whithin the EU (European Union) except for additional costs as stated in paragraph VI. 1., General Terms and Conditions. Charges for data storage media is included.
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The customer has to report obvious and coincidentally discovered damages of the package, or externally visible damages, to the carrier or express agent on delivery.
Obvious damages have to be reported to the Photowerkstatt Dresden – peak-photos.com immediately after their discovery, or their possible discovery if checked up properly. The customer is bound to control if the received goods are complete immediately after receipt. Potential deficiencies have to be reported within 48 hours after receipt to the Photowerkstatt Dresden – peak-photos.com and within 7 days to the carrier.
- Right of Return
- The customer is entitled to a right of return on orders for the purpose of § 13, German Civil Code (BGB), if he returns the goods within a period of 2 weeks after receipt of the goods. A justification for return of the good is not necessary. If the delivered goods match the ordered goods, the customer carries the costs of the reconsignment up to an amount of the order of 40.00 €. An adequate and accurate handling and packaging of the good is necessary in the case of return to avoid damage of the good during reconsignment. In the case of return of the good the customer has to pay compensation for deterioration resulting from the intended application.
- The right of return does not persist for CDs and DVDs sealed by the Photowerkstatt Dresden – peak-photos.com, if the protective film and/or the seal of the Photowerkstatt Dresden – peak-photos.com has been opened or damaged.
- The right of return does not apply in any case on digital medium data, which have been acquired by download, or sent to the customer via Electronic Software Delivery (EDS, for instance FTP-download).
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Products or licenses, which have been personalized or created individually for the customer, are generally excluded from the right of return.
Complaints concerning the content of the delivered goods or the quality or condition of the data storage medium, have to be reported within 48 hours after reception. Otherwise the picture material is regarded as delivered duly, contractually and as listed.
- Contract penalty, Compensation
- Any unauthorised (without agreement or permission of the Photowerkstatt Dresden – peak-photos.com or the author) utilisation, application, reproduction or dissemination of the picture material leads in every particular case, for which the customer or user is responsible, to a contract penalty to the amount of the tenfold licence fee, but at least 1000 €, subject to special damages.
- Any desisted, incomplete, erroneously placed or not allocatable copyright note leads to a surcharge of 100 % of the price or fee. Other rights of the Photowerkstatt Dresden – peak-photos.com are not touched thereof.
- If picture material, which has not been paid in full, is published, a surcharge of 50 % of the price or fee has to be paid.
- The payments, allotted by paragraph VIII, do not justify any rights of use.
- Concluding Remark
- The law of the Federal Republic of Germany is applicable, also for deliveries abroad.
- Subsidiary agreements to the contract or these General Terms and Conditions must be in written form to be effective.
- The possible voidness or ineffectiveness of one or more clauses of these General Terms and Conditions does not affect the effectiveness of the other clauses. The parties commit themselves to substitute the ineffective clause by a clause of adequate sense, which comes closest to the target clause in an economical and judicial way.
- Place of performance and jurisdiction is the place of residence of the author, if the purchaser is a registered trader, otherwise the registered office of the company Photowerkstatt Dresden - peak-photos.com in Dresden.
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