valid from 05.2013
(Translation is only for better understanding - legally binding is the German version)
1. The pullPIX image database (in the following briefly called pullPIX) pursues to the distribution of image files an online image database which can be used by commercial users for image search and for the purchase of image files. The entire use of the database requires a previous registration of the users. A claim for a registration against pullPIX do not exist.
2. All offers, deliveries, transmissions and the granting of rights of use are made solely without obligation and not exclusively on the following General Terms and Conditions, unless otherwise confirmed in writing.
3. Any diverging terms and conditions of the customer shall only apply when confirmed in writing by pullPIX. The customer¹s terms and conditions of business, to which reference is made on order forms, delivery confirmations etc. are hereby expressively contradicted.
4. Special agreements, verbal or by telephone, shall be valid only when confirmed in writing.
5. On principle, differentiation is made in the pullPIX photo database between photofiles which can be reproduced and photofiles in a lower screen-optimised resolution which only serve presentation purposes. All photofiles are protected by copyright. By ordering a reproducible image file pullPIX acquires the right to payment of a royalty by the customer according to part B of this terms and conditions. This right to payment of a royalty is independent of any possible breakup in transmission, regardless of the reason for the interruption. In that case the customer has the right to start transmission again with no further royalty costs until the data transfer is completed without errors.
Image files that are stored for presentation purposes in the database of pullPIX, may be transferred to the computer of the purchaser exclusively for its own layout purposes.
6. All supplied or electronically transmitted photo material shall always remain the property of the author or pullPIX. Photofiles designated as reproducible shall be made available exclusively to acquire rights of use within the meaning of copyright to use it once only and for single large-area imaging application and for the timeperiod of use resulting therefrom. The buyer does not receive any claims or rights to the work, neither claim ownership nor copyright or other intellectual property rights.
The image files may be passed on to subcontractors in connection with the printing production, which are required absolutly necessary for the manufacturing process. These third parties and any sub-contractors receive no further right to use the transferred files and they may not use it for other purposes.
Electronic photo material must be deleted from all data media without request after preparation of printing material and/or implementation of use and/or utilisation, resp. any other material resulting therefrom must be destroyed. Photofiles stored on the photo database for presentation purposes only and designated as nonreproducible can be, without any other written agreement from pullPIX, exclusively used for layout purposes and must, without any request to do so, be deleted resp. destroyed immediately after use. This shall also apply to datafiles newly created by photocomposing etc. and to other photo material created from such files.
7. The customer may not transfer the rights of utilisation or any part thereof granted to it to any third parties without the prior written consent of pullPIX.
8. The customer, by paying damages and/or paying other costs and/or charges which arise and are calculated according to these terms and conditions, shall acquire neither ownership nor rights of use to the photo material made available through supply or transmission.
9. The photo database is the property of pullPIX. It is protected by copyright. Any archiving of its data, whether for private or commercial use, is prohibited without explicit prior consent of pullPIX and shall entitle pullPIX to request immediate deletion of all archived files, the destruction of any other material created from such files and/or to claim damages, irrespective of damage claims by third parties.
1. The fee for the download or any other supply of reproducible photo material is deposited in the information of the image details and authorizes the customer to a one-time use only as described in Point A6.
2. Each use of the photofiles designated as reproducible or of otherwise supplied photo material shall be subject to a fee. This shall also apply where a photo or a photofile is utilised as a model for drawings, cartoons, reenactment of photos, layout purposes and customer presentations and where photo details are utilised which by means of montage, photocomposing, electronic photo processing or similar techniques become an integral part of a new photowork. This does not apply to photofiles stored for presentation purposes only for free and are designated as such.
3. The amount of fees for single use (circulation a piece) of the image files is stored in the image details and will be settled via the shopping cart.
4. All references to fees in quotations, price lists and other documents are always net and exclude VAT.
5. The fees agreed upon shall apply only for one time use for the purpose specified (in just one publishing object etc.), the stated extent and only for the first edition in the agreed language. Any further use (e.g. brochures, accessory advertising, blurb, recension, reprint, licenced editions like in book clubs) shall be again subject to a fee and shall require the prior written consent of pullPIX.
6. In the event of unauthorised utilisation, e.g. incorrect information concerning the nature of use and/or unauthorised dissemination of pullPIX photofiles or photo material a minimum fee shall be due amounting to five times the usage fee in accordance with the fee recommendations of the Mittelstandsgemeinschaft Foto-Marketing (MFM). The right of pullPIX to further damage claims shall remain unaffected.
7. Any further rights of use, exclusive rights, buying of the artwork or blocking periods must be agreed separately and can be requested in writing. In this case, the fee rates are determined according to the customer comprehensive information to be provided on the purpose, for circulation and presentation. The amount of the honorarium will be determined locally by pullPIX. However, a claim to obtaining further rights by the purchaser does not exist.
8. Fee payments must be made by bank transfer on the bank account designated on the invoice specifying the purpose, the photo-ID (name of the photofile) and the name of the photo author.
C. Usage Rights
1. All photofiles must be treated as originals. On principle, only the right to use the photo copyright will be licenced. This shall apply in particular to photofiles which, in terms of photo content, are subject to further copyright protection (e.g. works of fine and performing art). Payments for further copyrights and the obtainment of permits of publication on collections, museums, etc. is incumbent upon the customer or utiliser of the photo files.
2. The contractual rights are valid only for one-time use to the agreed extent. Repetitions or other extensions of the original usage right are permitted only with prior written consent of pullPIX. For resulting fee see point B. Fees in these Terms and Conditions.
3. Distortion of the copyright-protected work through copying, subsequent photographing, photocomposing or electronic means is not permitted. Exceptions shall require a seperate written agreement. In the event of violation against this, pullPIX shall be entitled to charge five times the fee recommended for the type of utilisation according to the fee recommendations of the Mittelstandsgemeinschaft Foto-Marketing (MFM) or a separately agreed fee as a lump-sum compensation. The publication of any new photoworks which may be created by this is not permitted. These must also be destroyed resp. deleted from all data media. Tendentious utilisation and falsification in image or word as well as utilisation which can lead to the degradation of the persons depicted shall be inadmissible and the customer and/or utiliser shall be liable for all damages. The customer shall release pullPIX as well as the author from any damage claims by third parties.
4. Reproductions and electronic storage of pullPIX photo material for archiving purposes of the customer as well as the dissemination to third parties are not permitted. Exceptions shall require the prior written consent of pullPIX. In case of violation pullPIX shall be entitled to claim damages as well as the deletion resp. delivery of the concerned photo material. Further claims by the author against the violator shall not be affected by this.
5. If the persons depicted have given their permission for pictures of them to be used, including to be used for commercial purposes, pullPIX photographs will be captioned accordingly. Photographs not identified in this way may only be used by a customer on condition that the customer/user should at their own responsibility check if a person's right for their image to be respected is impaired by the publication and distribution envisaged. There is no question of liability on pullPIX's part for uses which, despite the legal examination to be made by the customer/user, lead to a person's right for their image to be respected being infringed. Where the consent of the person depicted is here concerned, too, use which violates the justified interests of the person depicted is excluded.
D. Additional conditions for the supply of photo material
1. The photographic material shall be tested after receipt of the delivery for completeness and flawlessness. Obvious defects and obvious omissions must be notified within 2 weeks of receipt of the shipment or within 2 weeks of data retrieval or transmission by telephone or in writing pullPIX. For period keeping the despatch of communication within the period is sufficient. In the case of not timely notification the buyer is excluded from the assertion of warranty claims due to apparent incompleteness or obvious defects.
Any use of the data, especially the pressure of the image files should be made only after the buyer has been found that the delivery is complete and free of obvious defects. Consequential costs or damages incurred by the buyer due to or arising from the use of obviously faulty or incomplete obvious imagery, z. B. printing costs, the buyer may not demand compensation of pullPIX.
Incidentally pullPiX liable for intent and gross negligence, also of its agents, according to legal regulations. The same applies to negligent damage arising from injury to life, limb or health. Liable for negligent property or pecuniary damage pullPix and its agents shall be limited to the foreseeable only in the breach of a contractual obligation, but the amount in the contract and contractual damage; [Material contractual obligations are those whose performance characterizes the contract and to the must trust the buyer]."
2.The express stipulations except in this Agreement, pullPIX are no express or implied warranties or warranties of fitness for a particular purpose.
3. The pullPIX GbR does not guarantee that the services provided or the data are free from worms, viruses, trojans or other code with malicious, destructive or harmful functions.
4. You agree that You are responsible for any applicable taxes and fees in connection with use and distribution, as well as value added, sales and similar taxes levied by government regulations relating to the pullPIX website.
E. Terms of Payment and Jurisdiction
1. Invoices are payable as advance payment after receipt of the invoice.
2. Place of jurisdiction for all disputes and place of performance is for both parties Cologne, germany, if this is legally admissible.
3. The law of the Federal Republic of Germany shall be applicable for any contractual relationship anticipated by these Terms and Conditions, including the case of deliveries abroad. The application of the “Convention on Contracts for the International Sale of Goods³ (CISG) is excluded.
4. If any provision of these terms and conditions should be invalid, this shall not affect the validity of the remaining provisions.