beneathsea.com

Christian Zappel    

copyright © beneathsea.com
 

underwater- and nature photography

 

 

General supply and trading conditions

All pictures of beneathsea are copyright-protected by German and international copyright. The photos may be published, reproduced or manipulated without permission of the authors’ and/or beneathsea neither.

I. General information

1. The following general supply and trading conditions (in the following AGB called) apply to all offers, supplies and achievements accomplished by beneathsea.

2. They are considered as agreed upon with receipt of the supply or achievement and/or the offer of the photographer and/or beneathsea, by the customer, at the latest however, with the acceptance of the pictorial material for publication.  

3. If the customer wants to contradict the AGBs, this is to be explained in writing within three working days. Hereby one contradicts to deviating trading conditions of the customer. Deviating trading conditions of the customer do not attain validity, unless the photographer and/or Aurumspace recognize these in writing.

4. AGBs apply in the context of a current business relation also without express inclusion also to all future orders, offers, supplies and achievements of the photographer.

II. Left pictorial material

1. The AGBs apply to any left pictorial material of the customer, no matter in which work stage or in which technical form it is presented. They apply in particular also to electronic or digitally conveyed pictorial material.

2. The customer recognizes on that it concerns with the pictorial material supplied by beneathsea in copyright matters protected photo works i.S.v. § 2Abs. 1 Ziff. 5 copyright law.

3. From the customer in order given organisation suggestions or conceptions are independent achievements, which are to be recompensed.

4. The left pictorial material, also digitally on CD-Rom or DVD, remains property of the photographer, also in the case that payment of damages is for this carried out.

5. The customer has to treat the pictorial material carefully and is only allowed to give it to a third person for business-internal purposes (sifting, selection and technical processing pass).

6. Complaints, which concern contents of the supplied transmission or contents, quality or condition of the pictorial material, are to be communicated within 48 hours after receipt. Otherwise the pictorial material than applies as stipulated and as registered happened.

III. Rights to use

1. The customer acquires in principle only a simple right to use for unique publish.

2. Exclusive rights to use, medium-referred or spatial exclusive rights or waiting periods must be agreed upon separately.

3. With the supply the right to use for the unique use of the pictorial material (the data) is only transferred for by the puspose indicated by the customer with the order and in the mediun´m or data media indicated by the customer.

4. Every utilization, duplication, spreading or publication that goes over number three is fee requiring and requires our previous express agreement. This applies in particular to:

a) A secondary utilization or a secondary publication, in particular in or other reproductions,

b) Any treatment, change or transformation of the pictorial material,

c) The digitization, storage or duplicating of the pictorial material on Data media of all kinds (e.g. magnetic, optical, magneto optic or electronic carrier media such as CD-Rom, Cdi, disks, non removable disks, main memory, microfilm etc.), so far this not only the technical processing of the pictorial material in accordance with number III 3. AGB serves,

d) Any duplication or use of the graphic data on CD-Rom, CDi, Disk’s

e) Any admission or rendition of the graphic data in the Internet or in On-line data bases or in other electronic archives (also so far it around internal electronic archives of the customer acts),

f) The passing on of the digitized pictorial material in the way of the Long-distance data transmission or on data media, which are suitable to the public Rendition on screens or for the production of Hardcopies.

5. Changes of the pictorial material by photo Composing, assembly or by electronic aids to the production of a new in copyright matters protected work are permitted only after previous written agreement and only during marking with [M]. Also the pictorial material may not be drawn, photographed placed behind or used otherwise as motive.

6. The customer is not entitled, he granted rights to use to transfer totally or partly on third, also not on other company or subsidiary companies to transfer.

7. Any use, rendition or passing on of the pictorial material is only permitted under the condition of the mounting of the author note given by beneathsea in allocation free of doubts to the respective picture.

IV. Adhesion

beneathsea does not take over adhesion for the injury of the rights of persons or objects shown, an accordingly signed form for release is attached. The, it is, it acquisition of rights to use beyond photographic copyright as well as the obtainment of publication permission with collections, museums etc. is incumbent on the customer. The customer carries the responsibility for the inscription as well as the sense connections resulting from the concrete publication. beneathsea does not take over adhesion for descriptions of picture. The customer has to proof over the descriptions of picture before the use.

V. Fees

1. It applies the agreed upon fee. If no fee was agreed upon, it determines itself according to the current in each case picture fee overview of the middle class community photo marketing (MFM). To this fee comes plus the valid in each case value added tax.

2. The fee applies only to the unique use of the pictorial material for the agreed upon purpose in accordance with number III 3. or for 2. AGB. Even if the fee is to be intended for a large use, this is to be agreed upon in writing.

3. In the case of use of the photographs as work copy for layout and presentation purposes a fee of 20, - euro per admission results subject to a deviating agreement. This fee for layout purposes is void when late use the pictorial material for the agreed upon purpose.

4. A set-off or the practice of the right of lien is permissible only in relation to undisputed or validly determined demands of the customer. In addition permissible is a set off with disputable but not determine counter-measure.

5. The fee is to be paid within 4 weeks after rendering of invoice. If the intended publication or use does not take place, fee already paid cannot be refunded.

VI. Return of the pictorial material

1. The pictorial material is in the supplied form immediately after the publication or the agreed upon use, at the latest however 3 months after the delivery date to send back without being asked; to attach are two specimen copies. An extension for the period of three month requires the written permission of the photographer.

2. If beneathsea at the request of the customer or with its agreement leaves pictorial material only for the purpose of the examination whether a use or a publication is possible, the customer has to return the pictorial material at the latest within a monthly after receipt, if on the delivery note no other period is noted. An extension of this period is effective only if it were confirmed in writing by beneathsea.

3. The return of the pictorial material takes place via the customer at its expense in industry-usual packing. The customer carries the risk of the loss or the damage during transport as far as the entrance with the photographer, and/or beneathsea.

VII. Contractual penalty, blocking, payment of damages

1. When any unauthorized (without agreement from beneathsea took place) use, using, rendition or passing on the pictorial material a contractual penalty at height of the fivefold use fee is to be paid, subject to large claims for damages for each individual case.

2. With omitted, incomplete, wrongly placed or not allocation able author note an impact at a value of 50% of the use fee has to be paid.

3. For damaged, destroyed or lost come pictorial material payment of damages is to be carried out, without beneathsea has to prove the height of the damage at a value of

a) 200.00 euro per dia. original, negative or other unicum

b) 500.00 euro per not repeatable dia., negative or other unicumt.

4. When damages the fees are to be lowered according to the degree of the damage and the range of the further use possibility. The proof remains reserving both Contracting Parties that a higher and/or a smaller or no damage occurred.

5. With missing specimen copy or during account without specimen copy or during account without indication, which picture in which place in which publication was used, a contractual penalty is at a value of 50% of the use fee to pay.

6. No rights to use are justified by the VII payments planned in number.

VIII. Conversion and return right

We point out expressly that it acts with our goods around special productions or unique pieces and therefore a conversion and a return right due for dislike or wrongly indicated size is impossible.

IX.

1. It is considered the right of the Federal Republic of Germany as agreed upon, also in the case of supplies abroad.

2. Special agreements to the contract or to this AGB require writing to their effectiveness.

3. The any nullity and/or inefficacy of one or several regulations of these AGB do not affect the effectiveness of the remaining regulations. The parties commit themselves to replace the invalid regulation by a sense-appropriate effective regulation which comes the regulation desired economically and legally next.

4. Place of delivery and area of jurisdiction are D-83022 Rosenheim.

© Copyrights 2015 beneathsea, Germany