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360-berlin.de - Terms and Conditions
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General Conditions The herein specified standard terms and conditions of contract are subject to all offers and services provided by 360-berlin.de. They apply to all images downloaded directly from the website "www.360-berlin.de" as well as images delivered on a CD-ROM or otherwise. This agreement also applies to orders which have been placed by telephone or fax. By accepting this agreement, it will also be binding for the future use of images of 360-berlin.de. Varying terms of contract of customers are only applicable if confirmed in writing from 360-berlin.de. Rights 1. Copyrights All images remain the property of the creator, regardless of its utilization. Generally, images are licenced on a non-exclusive basis and are strictly limited to the use, medium, time period, print run, placement, size of image aso. as specified in the agreement between 360-berlin.de and the customer. The images may not be used for any other purpose than specified in the agreement. Images may not be passed to third parties without the written consent of 360-berlin.de. All kinds of alterations, modifications or combining the photographic material with other images is not permitted without the written consent of 360-berlin.de. Unless otherwise stated in writing, our images are intended for non-commercial, editorial use only in news related publications. All other use needs our written consent. 2. Model and Property Releases/ Clearences No model or property releases, or other releases or licenses exist in connection with any of the images, unless specifically stated in the caption. 360-berlin.de makes no representations or warranties that it owns, licenses or grants any rights including copyrights or trademarks to any person, place, property, or subject matter depicted in any image. If third party rights are effected, obtaining the permission to use the image and the respective rights lie within the responsiblity of the customer, the user of the image. 360-berlin.de is not liable for claims for compensation from third parties. Sensitive Subjects Without our written consent it is strictly prohibited to use our photographic material 1. to establish a connection between products, persons or companies who have not agreed to do so; 2. to disparage a person or product; 3. in connection with possibly sensitive issues; 4. in connection with pornographic or illegal content. Fees All use of our images is subject to fees. Fees have to be agreed upon prior to use. The customer has to declare the character of intended use in advance. In general, fees are only applicable for a single use. Further utilization is subject to prior written permission and renewed fees. All fees are always without VAT and contributions to the social service for artists. Copyright Notice/ Copies In general and in concordance with international copyright laws, we demand a copyright entry like this: "photographer: first and lastname/ 360-berlin.de". This entry has to be placed in such a manner that there can be no possible doubt about the relation between the picture and the copyright holder. If the customer fails to print the copyright notice, 360-berlin.de is authorized to charge a compensational fee of 100% of the respective licensing fee. Furthermore, we demand a free of charge reference copy of the product or publication the customer creates using our images. . Indemnification The customer will indemnify and defend 360-berlin.de against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out or related to a breach of this agreement, the use of an image either alone or in combination with other images, your failure to abide by any restriction regarding the use of an image or any claim of a third party related to the use of an image, alone or in combination with any other material. Place of Jurisdiction Place of jurisdiction and place of performance is for both parties Berlin, Germany. For deliveries in foreign countries, German law is applicable. Should one of these terms and conditions be void, the valifitiy of the remaining conditions of contract remain unaffected. |