Conditions of Use
Terms and Conditions (GTC)
Luminas, picture agency (here: STOCK PHOTO AGENCY) April 2009
I. General
1. All offers of the internet photo shops in STOCK PHOTO AGENCY, and their supplies and electronic image transfers and the granting of rights of use shall be made exclusively non-binding and not exclusive to the following GTC.
2. The terms and definitions of “photography” and “photographic material” describe all of the STOCK PHOTO AGENCY offered electronic data containing image information in all media (e.g. CD-ROM, DVD), the Internet, conveyed via technical methods (e.g. via ISDN), or which are archived in online or offline databases. The photo material is available only temporarily and exclusively for the acquisition of rights of use for the purposes of the copyright protection under the ancillary copyright.
3. If divergent terms of trade of the customer are present, these apply only by written confirmation by the STOCK PHOTO AGENCY. Terms of trade of the customer on order forms, confirmations of delivery or similar, are hereby rejected.
4. The granting of rights is subject to the suspensive condition of the entire payment of the fee. An extended retention of title is strictly arranged.
5. The activation of the appropriate checkbox in the online ordering process, "I accept your general business and supplying-conditions" is imperative, otherwise the ordering process can not be completed and a contract of utilization will not be adopted.
6. Complaints / Liability
The offered photographic material is reviewed to the best of the knowledge and with great care. Nevertheless the STOCK PHOTO AGENCY is not legally liable for the technical quality, resolution (size) and description of the photo material. In case of a legitimate complaint the STOCK PHOTO refunds only the purchase price. Resignation and claims for compensation are expelled towards a merchant and a legal person. Any complaints concerning the content of the transferred image must be done within two business days after the transfer of the photo by telephone and the STOCK PHOTO AGENCY has to be informed in written form within tree more business days. Complaints regarding technical or other apparent defect within ten business days of discovery in written form.
7. The publication permission is not deemed to be automatically granted if the STOCK PHOTO AGENCY provides the customer with contractually photo material. Especially when pictures are usually subject to conditions (e.g. commercial use of pictures with people), the written release of the STOCK PHOTO AGENCY is necessary.
The purchaser / user is required for each intended use of photos one for the special use permit in the appropriate area of the model release (right image on your own, especially in individuals or interior spaces of buildings) is obtained as necessary. For photo material whose copyright content more touching (e.g. scanned works of visual and performing arts or film works that are still of the term of protection of copyright law covers) are the associated rights of usage as well as other publication permits (for example, the authors, of collecting, collections, museums etc.) from the purchaser or consumer to be even. The STOCK PHOTO AGENCY assumes no guarantee that an appropriate valid permit exists, except those from the STOCK PHOTO AGENCY writing. Any liability is the absence of this written undertaking is excluded when the STOCK PHOTO AGENCY neither premeditation nor gross negligence is to be ashamed of. In case of violation of rights of third parties, the Purchaser shall STOCK PHOTO AGENCY from all third party claims.
8. The license for the photo material between the buyer and the STOCK PHOTO AGENCY comes off as soon as the STOCK PHOTO AGENCY Purchaser has sent an acknowledgment.
9. Delivered imagery remains the property of STOCK PHOTO AGENCY or the author. It is only temporary and for the acquisition and exercise of rights of use in terms of copyright provided. If the customer wants to print postcards, calendars or posters with the photo, it is necessary to buy the exclusive rights for the photo. If the edition exceeds 500.000 prints the price for the photo is 200% of the price shown in this online catalogue.
10. The distribution of the photographic material or the transmission of reprinting rights to third parties, even to other editorial offices of a publishing house or to a company within a group, it is only with the prior written consent of the STOCK PHOTO AGENCY permitted. Also, slide duplicates, the production of intermediate negatives, reproductions, enlargements and digital printing and electronic storage or processing of image data for archival and other purposes of the purchaser and the transfer of the same to third parties outside of the work of creation is not allowed. The electronic / digital image processing of the material in the context of the agreed electronic retrieval is only for the purposes of the purchaser allowed. The photographic material may be used only for the duration of the lawful use be stored and is then immediately delete it. Any transfer or resale of the photographic material is prohibited.
11. Authorship proof
The STOCK PHOTO AGENCY requires having regard to § 13 UrhG. specifically an agency and copyright notice.
II. Agreements and use fees
1. The licensed image material may be used only in the original version used. Photo Edits always require the prior written consent. The digital post / treatment is excluded, as long as the image content is not modified. For colour and quality-image files is done every post, especially in art copyrighted authors, at your own risk. Any such consent by the IMAGE STOCK PHOTO AGENCY does not replace the required consent, where applicable, other rights holders in the event of copyrighted works.
2. Exclusive rights or waiting periods must be agreed separately and require a corresponding impact on the basic fee.
3. All fee information in offers, price lists and other documents are always gross without social insurance/security for artists.
4. By the time of dispatch of the confirmation by the STOCK PHOTO AGENCY is entitled to charge the purchaser the rights of use (according to current price information in the online catalogue) into account. If the intended publication or other use is not made, may have already paid fees are not refundable.
5. Fee payments must be always under the name of the customer number, invoice number and picture number to be done. Without this information, an additional allowance will be charged, depending on the extent of the additional effort is directed.
6. The storage of preview images with watermark from the website of the STOCK PHOTO AGENCY using the "Right mouse click" for private purposes is permitted and free of charge. The watermark of these photos may not be removed. All rights of the pictures remain with the photo agencies and the author.
7. For the user, there is an obligation, the journalistic principles of the German Press Council (Press Code) must be observed. Disfiguring and meaningful uses of foreign and distortions in pictures and words and uses, which illustrated the vilification of persons may be prohibited, and make the user liable for damages.
III. Use of online the STOCK PHOTO AGENCY Luminas
The customer will receive over the Internet to access the STOCK PHOTO AGENCY online photo catalogue. A release by the STOCK PHOTO AGENCY is required to get all the functions. The customer receives after examining a password and customer number. The customer is liable for all costs and damages resulting from the use of the password and the number of customers. The access and search the online photo catalogue are free. If the purchaser to the postal dispatch of the ordered image data, are processing, materials and shipping into account (see current price list). The IMAGE AGENCY assumes no liability and warranty for any damage resulting from a possible disruption of the STOCK PHOTO AGENCY online photo catalogue showed. The STOCK PHOTO AGENCY reserves the right to suspend or customer can not be permitted.
The transfer of the photographic material is carried out via the photo agencies, unless individually and in writing, something else is regulated by a the customer via e-mail sent Download link. This link is with the corresponding data for a photo for a period of 7 work days after sending the links to reach. A failure by the customer is the photographic material within this period of the server to download and then wants a new access to photographic material, a flat fee of 10% of license fee, but currently at least 10, - Euro net (see current price list) is due. The purchaser is not entitled to distribute the download link and is liable for its misuse. The customer is advised, after a successful download of the photo material, the e-mail with the access data permanently from his computer to delete it.
IV. Penalty and liquidated damages
1. In the case of unauthorized use, distortion or transmission of the photographic material of the STOCK PHOTO AGENCY in analogue or digital form, for unauthorized disclosure of reprinting rights to third parties, for unauthorized manufacturing of slide duplication, intermediate negatives, reproductions and enlargements for archive purposes by the customer - including in electronic / digital form -- and transmission of photographic material to third parties the STOCK PHOTO AGENCY demands, subject to customary usage fee damages in standard height (e.g. on the basis of the small business community photo image identified marketing fees).
2. If the author and / or agency notice, the STOCK PHOTO AGENCY entitled to a surcharge of 200% to the current use fee, plus any administrative costs.
V. Liability
1. The photo material is treated with the utmost care and every order is handled with equal care, but may STOCK PHOTO AGENCY not assume any liability for losses, damages or losses caused by failure to supply photos, defects in the photographic material or the suitability of electronic image data, incorrect description, or may programs arise. Once the STOCK PHOTO AGENCY neither premeditation nor gross negligence to be ashamed of, is therefore liable.
The STOCK PHOTO AGENCY shall not be liable for uses of photographic material on which trademarks, trademarks or proprietary products, designs or graphics are displayed. The buyer is solely responsible for obtaining the necessary permits.
VI. Payment terms, jurisdiction, miscellaneous
1. The accounts of the IMAGE AGENCY net are always within 8 days.
2. Jurisdiction and performance is Osterholz-Scharmbeck, Germany, where the buyer and or a legal person.
3. German law applies exclusively to the exclusion of UN sales law.
4. Should individual provisions of these Terms be invalid, the validity of the remaining provisions shall not be affected. In its place is much more a provision to which the parties originally intended economic purpose. Deviations from this agreement and separate agreements can only be made in writing.
5. The Purchaser shall agree that the STOCK PHOTO AGENCY his personal data, insofar as it relates to business relationships, and the STOCK PHOTO AGENCY in the course of this accessible, stores, used and processed in the computer. The BGSG (Federal Data Protection Act) will be respected.
Osterholz-Scharmbeck, the 29.04.2009
