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Terms of use – general trading conditions
General trading conditions, license agreement, copyright
1. fotosuche24 gives as a licenser exclusively to the customer as a licensee a limited right to use for the supplied and/or on-line/to upload pictures, made available from their delivery program. The photos are made available as electronic data or/and on CD/DVD supplied. These license regulations apply to all forms of delivery.
2. In the following text, the common licensers become fotosuche24 as fs24 marks. The commodity, to which this license agreement refers, is called "article". In addition, articles offered by a third party are also included.
3. For the limited user license, the fs24 is ready to grant the customer desired articles under the condition that all conditions of this license agreement are accepted. Customers of article of fs24, which are to be downloaded on-line (via Internet), are transferred, accept and commit themselves to this license agreement, by clicking on the option “ORDERING”. If all conditions are not accepted, please terminate and leave. In this case, the order is cancelled and/or the article is downloaded and you are not charged for it. If the agreement is not accepted, the actual products are taken back such as CDs, DVDs, within 14 working days after receipt of goods, without charge – however, only if the products remain completely sealed unused and the electronic data media remain sealed (with exception of the demonstration CD).
4. This license permits the use of the fs24 article exclusively by particular admitted subscribers on condition of full payment. The licensee is not authorized to pass on the work or parts of it to use neither in sublicenses nor for payment or free of charge. Nevertheless, if a license- transfer does take place to a third party, fs24 is to be informed in writing of the name and address of the new user. After a transfer, the rights and obligations of this license agreement turn fully to the new user, under exclusion of the past one.
5. An offence against the copyright laws of the pictures, breaking of the rules of the AGB, bad storage and cage of the pictures on our web page, is punishable with a fine of at least 5000 euros. Further arising costs through lawyer/ court/appraisal/loss of earnings are added. By payment of the fine, the user is banned. If pictures should be already related, prints, books, Web appearances or such a thing, the carriers of the pictorial material are to be destroyed and proof of destruction provided.
6. This licence allows the use of the products from fs24 in the producing of commercial advertising materials of different sorts of printed matter, websites, television and image recordings, slide shows and presentations, artistic collages, packaging and the reproduction, planning, or sending of the above, indeed without additional fee. The licensee may resell these drafts, prints etc. to a third party, but they have to make certain however that the customer only uses the fs24 article for such purposes, which are expressly approved by fs24 licensees. An arbitrary use of fs24 - motives by a third person is not permitted.
7. An fs24 article can be used as an integral component of a website, however, it may not be used separately or permanently saved, neither may it be stored in such way which allows its repeated use by website users. Furthermore, the licensee must ensure that the fs24 article, which is present or used in the software (for example in websites) can not be downloaded by unauthorized persons or be used in any such way. Any change to the pictures for individual use is permitted, however no new rights (license rights) to these changes are given. fs24 retains copyright of the images after they have been changed by the user, as stated in the copyright laws.
8. Layout files (via on-line) and the examples on the demonstration CD may be used only for internal layouts and internal presentations (customer presentations), not for means of publicity or edition of any kind, nor for website layouts.
9. Whosoever copies fs24 articles or parts of articles in any way and sells them on, will receive high demands for payment of damages (at least 5000 euro) and additional criminal pursuit.
10. The use of fs24 products for the production of picture or compilations, portfolios, postcards, putting them into picture services, catalogs of any kind, outlines or decoration systems, which predominantly serve to resell the used pictures are not allowed, nor is the making of fs24 articles available on the Internet, in any form.
11. If the buyer has any individual questions in regards to the right-full use of the pictures, they are obligated to apply in writing to fs24 In a situation where the rights of the user are unclear (also in exceptional cases) but the picture is used nevertheless, this is considered to be breaking the licensee laws.
12. The licensee cannot exclude other entitled of fs24 to use fs24 articles by demanding for example patent, the rights to a brand name or other sorts of claims on the fs24 graphics or photos (in whole, in part or combined).
13. Guarantee: The fs24 accepts the responsibility in case of faults in the following situations: During a period of 6 months after the receipt of the article, the user has the right to claim for a substitution for the dissatisfactory product. If replacement is not possible or if the replacement does not satisfy the licensee, then he can demand, in place of the replacement, the cancellation of the contract or reduction of costs. Because of requirements and rights, fs24 is responsible only in cases of deliberate damage and negligence. In all other cases, no responsibility is taken. Above all responsibility is not taken, when a third party claims brand name rights from the licensee. In the case of loss or damage of an fs24 article (in whole or in part), fs24 takes no responsibility and no free replacement can be demanded.
14. fotosuche24 reserves the right to deny the use of certain photos or to replace a picture by another one, if an important reason exists. After notification of the withdrawal/ending of the licence for certain motives, the licensee agrees to no longer use them. A withdrawal of the contract, a reduction in price or further requirements will not exist. The above cannot be considered as a guarantee.
15. It is not permitted to use fs24 articles in an immoral, detrimental, pornographic or for any other illegal purpose. Recognizable portraits of people may not be used for political purposes. With illustrations of gatherings of people, it is not permitted to increase focus on any individual person and to present them individually.
16. Illustrations of persons of contemporary history, art, sport or the public life, may only be used in accordance with regulations (in accordance to the state). fotosuche24 is not responsible in any way when the user does not respect the laws.
17. If the buyer/licensee breaks the contract (in whole or in part) or if fs24 uses the contract in an incorrect way, fotosuche24 has the right to withdraw any further use of the products. In the case of the product being confiscated, the buyer or licensee receives their money back, minus the costs of the use to which the photos or pictures have already been put. The buyer pays for the returning of the products and he may be liable to pay additional damages.
18. fs24 reserves the right as owner of the delivered articles until the full price for the product has been payed. In the commercial course of business, the proprietary rights are valid until full payment, including future demands within the business relations. With the running bill, the right as owner serves as insurance.
19. The place of delivery and state of jurisdiction for businesses with full buyers, legal professionals of the public right or publicly-legal institutions, is Munich. The legal relations to the orderer/client/licensee are subject exclusively to the right of the Federal Republic of Germany.
20. Changes, special agreements or other additional agreements are only valid in written form. If one of the regulations or parts of the present contract should be ineffective, then this does not have influence on the validity of the remaining regulations. Brands, words and symbols are used without guarantee of free use.
21. With the use of products of the offer by fs24, the buyer accepts these license regulations. |
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