General terms and conditions for the granting of rights of use of photos of the picture agency Twinkle Images, a division of LENSANA U.G.
1. General
a) Offers, deliveries, services and the granting of rights of use to image material through the Twinkle Images (hereinafter referred to as "Twinkle Images") are made exclusively on the basis of these Terms and Conditions (GTC). These terms and conditions also apply to all future transactions between Twinkle Images and the customer, without the need for a renewed reference to the terms and conditions. These GTC also apply to the electronic storage, retrieval and transmission of digital image data sets.
b) Only the terms and conditions of Twinkle Images apply. Deviating terms and conditions of the customer do not apply, even if Twinkle Images does not expressly contradict them. If the customer does not agree with the validity of these terms and conditions for the respective contractual relationship, he has to delete already delivered pictures immediately or send them back to Twinkle Images
c) If a representative acts on behalf of a third party and thereby establishes a contractual relationship between Twinkle Images and the third party, the representative is obliged to inform Twinkle Images of the identity of the third party prior to the conclusion of the contract.
2. Use of the picture material
a) Twinkle Images provides the customer for a processing fee images or images in electronic form (especially digital image data sets regardless of the medium or transmission path) and grants him against each separately to be agreed royalties each have a simple right to use the Twinkle artwork in the contractually agreed scope. Twinkle Images only assigns rights of use for photographic copyright. The footage will be provided to the customer on a temporary loan basis for the purpose of selection, purchase of rights of use and use. It remains the property of Twinkle Images and / or the respective photographer.
b) Twinkle Images offers the customer the possibility of selecting images in their image database via the Internet. The access to the image database and the image search are free of charge. The use of thumbnail images and preview images for layout and presentation purposes is also free of charge.
c) The customer is obliged to inform Twinkle Images before using the image material on which image material he wishes to acquire rights of use in what kind, for what purpose, to what extent and for which room. In the case of the planned publication in a print medium, he must also state in which publication and with which degree of dissemination the latter is intended.
d) Twinkle Images grants the customer a simple and - subject to deviating agreement - non-exclusive right to use the photographic copyright within the scope of the agreed purpose / scope (release declaration). If the information provided by the customer according to clause 2. para. B) does not fully or partially correspond to the scope and nature of the actual use, the release declaration for the actual use deviating from the customer's information shall be considered as not granted. In this case, Twinkle Images is exempted from the customer's claims of third parties with regard to the differing actual use.
e) Subject to a separate agreement, the image material is in principle only released for a single use in a specific medium for the agreed purpose to the agreed extent. Downloaded digital image material from the database of Twinkle Images is to be deleted immediately after selection or use of all data carriers of the customer.
f) The granting of exclusive rights and blocking periods requires a separate written agreement.
g) Duplicating, editing, redesigning, reproducing, electronically archiving, etc. of the image material, passing it on to third parties, transferring and granting rights of use to third parties and granting reprinting rights is not permitted without the express written consent of Twinkle Images.
h) For the fee-based billing, the customer must indicate which image material has been used in which medium, at which location, in which format and to what extent (eg circulation).
3. Use of the image database
a) For access to the image database, the customer receives after his registration of Twinkle Images a user ID and password (access data). The customer is obliged to keep his access data secret and to protect against misuse by unauthorized third parties.
b) The customer is obliged to inform Twinkle Images immediately if there is a suspicion that an unauthorized third party has gained knowledge of the access data. Twinkle Images is entitled to change the access data immediately.
c) The customer is liable for all damages caused by the fact that unauthorized third parties gain knowledge of the access data if he is responsible for this.
4. Fee
a) The use of the Twinkle Images material is subject to a fee, as well as use as a template for drawings, graphics and the use of image details, which, regardless of the technology used, become part of a new work. Only the use of thumbnail images and preview images for layout and presentation purposes is free.
b) The amount of the fee is to be agreed before the actual use. It is based on the medium, type, purpose and scope of the intended use, in the case of an intended publication in print media also on their distribution (circulation), presentation etc ..
c) If no separate fee agreement is made, the fee rates for the respective use in the "Overview of the market-standard remuneration for image use rights", published by the SME community photo marketing (MFM), in their current version as agreed.
d) The agreed fee is - subject to a separate agreement - each for a single use within the agreed purpose to pay. Any other, extended and / or repeated use is again subject to fees and requires a corresponding renewed release and fee agreement.
e) For exclusive rights and blocking periods, Twinkle Images charges corresponding surcharges.
f) The fee is payable for the granting of rights of use. If the customer has informed Twinkle Images of its intention to use, as well as the purpose and scope of the license, and Twinkle Images has granted the relevant release, Twinkle Images shall be entitled to charge the customer for the fee, even if the use is only partial or omitted altogether.
g) For the processing of picture orders and the compilation on data carrier Twinkle Images calculates the customer a handling fee of 1 euro per picture, as well as 5 euro for the data carrier incl. dispatch as letter by post. Further costs for telecommunications, special forms of delivery, couriers, etc. will be invoiced separately in addition to the processing fee.
5. Terms of payment
a) Usage fees and fees according to these terms and conditions, in offers, price lists or other documents are net without the statutory value added tax.
b) Twinkle Images invoices are due for payment without deduction 14 days after receipt of the invoice.
6. Image source proof and voucher copies
a) The customer undertakes to provide a reference to Twinkle images in connection with the name of the photographer (image source proof) as published in the respective file information. From the placement of the image source proof the assignment to the respective photograph must be seen.
b) If the image source reference is omitted in whole or in part without the request of Twinkle Images, Twinkle Images is entitled to charge a surcharge of 50% on the agreed fee. The customer has to indemnify Twinkle Images for third-party claims resulting from the omission of image source proof.
c) Of every publication in print media, the customer has to send unsolicited Twinkle Images three free voucher copies free of charge. For publications in the World Wide Web, a voucher link must be sent by e-mail.
7. Liability, damages, contractual penalty
a) The customer is responsible for the caption of the image material. This also applies if Twinkle Images provides separate info texts for the image material. Twinkle Images accepts no liability for any infringement of rights as a result of a violation of contract, falsification and / or misrepresentation in image and text. In this case, the customer indemnifies Twinkle Images from any claims of third parties resulting from such use.
b) The use of pictures depicting prominent persons may only be made editorially. For the use of such images for advertising purposes, the customer must obtain the consent of the person depicted.
c) In the case of unauthorized use or transfer of the image material, unauthorized grant of reprint rights to third parties and unauthorized making any type of copies and their disclosure to third parties Twinkle Images is entitled, in addition to the respective royalties and any further incurred by the infringement fees and costs Contractual penalty of 5 times the user fee to be demanded by the customer. Both parties are at liberty to prove a higher or lower damage.
d) Twinkle Images is not liable for slightly negligent breaches of immaterial contractual obligations.
8. Other
a) For all contractual relationships between Twinkle Images and the customer, the law of the Federal Republic of Germany shall additionally apply, also with delivery of photographic material and / or the assignment of use rights to foreign customers.
b) The place of jurisdiction and place of fulfillment is Hamburg, provided the customer is a merchant, a legal entity under public law or a special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Germany or if his domicile or habitual residence is unknown at the time the complaint is filed. By way of exception, Twinkle Images may assert claims at the customer's place of general jurisdiction. Any exclusive place of jurisdiction remains unaffected.
c) Should individual provisions of the contract with the customer, including these GTC, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective provision shall be replaced by a provision whose economic success comes as close as possible to the ineffective one.