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General Conditions on Business and Delivery

All pictures on this page are protected by international copyright law.

I. General

  1. The following general conditions on business and delivery (hereinafter referred to as AGB) are valid for all orders, quotations, deliveries and services rendered by Schanz Photodesign.
  2. They are regarded as agreed after the client's acceptance of the delivery (download) or service or photographer's quotation; however, at the latest following acceptance of the data for publications.
  3. If the client wishes to oppose the AGB, this must be declared in writing within three working days. Deviating business conditions submitted by the client are hereby opposed.
  4. Even without the expressed inclusion, the AGB shall also be valid within the framework of an ongoing business relationship for all future orders, quotations, deliveries and services rendered by Schanz Photodesign.

II. Picture material provided to the customer

  1. The AGB apply for all picture material made available to the client, in particular for picture material made available by electronic or digital transmission.
  2. The client acknowledges that the picture material delivered by Schanz Photodesign is photographic work. This also applies to picture material made available by electronic or digital transmission.
  3. Orders placed by the client for design proposals or concepts are independent services and subject to remuneration.
  4. The picture material made available, in the case of digital data this also refers to CD-ROMs, shall remain the property of Schanz Photodesign. This shall also apply in the case of compensation for this. The picture material is exclusively provided on a temporary basis and for the acquisition of the rights of use and employment as defined by the copyright law.
  5. The client shall handle the picture material with care and may only pass it on to third parties for in-house business purposes of examination, selection and technical processing.
  6. Complaints referring to the contents of the delivered consignment or the quality of the supplied picture material or data, respectively, shall be made within 48 hours following receipt. The picture material shall otherwise be regarded as received according to the contract and as listed.

III. Rights of use and employment

  1. As a matter of principle, the client shall only acquire a single right for one-off use.
  2. Exclusive rights of use and employment, media-related or spatial exclusive rights or periods of non-negotiability must be agreed upon separately.
  3. The right of use and employment is only transferred for the one-off utilization of the picture material or data for the purpose declared by the client when ordering and by means of the medium or data carrier specified by the client.
  4. Any form of utilization, exploitation, duplication, circulation or publication beyond No. 3 is subject to a fee and requires the express prior written permission of Schanz Photodesign. This applies particularly to:

    - secondary exploitation or secondary publication, especially in anthologies, brochures accompanying products, advertising measures or any other kind of reprint
    - digitilization, saving or duplication of picture material on data carriers of all kinds, if this does not expressly serve the purpose of technical processing of the picture material according to No. III 3. AGB
    - all recording or reproduction of picture data on the Internet or in online data banks or in other electronic archives (even if this refers to internal electronic archives belonging to the client)
    - passing on of the digitalized picture material by means of remote data transmission or onto data carriers that are suitable for public playback on screens or for the production of hard copies.

  5. Without the permission of Schanz Photodesign, the picture material may not be copied, photographed following adjustment or digitally composed or otherwise used as a motif.
  6. Should the client alter the picture material supplied by Schanz Photodesign digitally or using other techniques to such an extent, that the impression of a new picture is created, the copyright shall remain with Schanz Photodesign.
  7. The client is not entitled to transfer the rights of use and employment entirely or partially granted to him to third parties. This shall also apply to affiliated companies and subsidiaries.
  8. All utilization, reproduction or transmission of the picture material is only permitted on the condition that the copyright note prescribed by Schanz Photodesign is applied.
Schanz Photodesign expressly reserves the right to transfer secondary rights to exploitation companies and does not acknowledge clauses in accordance with which further rights are to be excluded following the acceptance of a fee.


 
 

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