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General Terms and Conditions + Copyright


Copyright Notice

All images presented are the property of the photographers and their agency which represents them. The images are protected by German and international copyright laws. The images may not be published, reproduced or manipulated without the authorization of the authors or their representing agency. Any use of our image material is subject to royalties, as well as the use of an image as a model for drawings, cartoons, imitations, and customer presentations, including the use of image details which become part of a new image using montage, photo composition, digital image processing, or similar techniques.


General Terms and Conditions

§ 1 – Preface

1.1 Object of Agreement
The following general terms and conditions (GTC) apply to the purchase of images via the website of Mullen & Pohland GbR. Mullen & Pohland GbR serve as a mediator between the owner of the images (seller) and the user (buyer). Each managing partner of Mullen and Pohland GbR is exempt from the restrictions of § 181 of German Civil Code (BGB).

1.2 Sales Contract
The transaction between the photographer and the buyer of the image(s) is concluded when  “Sending the order” is clicked on the website and the data are downloaded from our image servers. The hereby concluded sales contract is binding and the buyer accepts these terms. Customer confirmations with regard to the customers` own terms and conditions are only binding if they are recognized explicitly and in writing by Mullen and Pohland GbR. When the download is completed the customer will be sent an invoice in PDF format.

1.3 License Terms
With the purchase, the buyer obtains only the usage rights as defined below. Basically the buyer obtains only the rights of use of the photographic copyright. Other affected rights e.g. depicted people, trademarks, artwork, buildings etc. must be independently clarified and obtained by the buyer for the intended purpose of use. The image material provided always remains the property of the agency / the author.

1.4 Property / Usage Rights
The image material provided remains the property of the agency / the author. It is only made available on a temporary basis and as defined in the copyright.

1.5 Costs
Those prices published on the website apply.

§ 2 – Delivery and Services

2.1 Ordering
The ordering of images takes place via the input mask on the website. The buyer agrees to supply the required information as specified for this purpose.

2.2 Delivery
The delivery of the images takes place in the form of downloads from our image server. The download can be started after a successful completion of your order and verification of the payment. Delivery is at the buyer's risk. Mullen & Pohland GbR are not responsible for technical problems, which are the responsibility of the buyer. If delivery is delayed due to technical problems on the part of Mullen & Pohland GbR, Mullen & Pohland GbR should be informed immediately and a reasonable grace period set. Mullen and Pohland GbR do not guarantee that the systems and services that are needed to access other computers, are available continuously without interruption or without error. Insofar, claims of the participant only extend to the respective contractual partner. The delivery of images to buyers located in an EU Member State but outside of Germany will take place only to businesses that identify themselves with their tax identification number. Delivery to private individuals is excluded.

2.3 Image Quality
Mullen and Pohland GbR provide images in the size selected by the buyer during the ordering process. The images will be delivered as JPEG files at the highest available quality level. The color space of images with full resolution and 1500 pixels page width is AdobeRGB. Images for web presentations with a maximum page width of 720 pixels are supplied in sRGB. Any exceptions require a separate agreement.

§ 3 – Rights (Copyrights, Usage Rights etc.)

3.1 Transfer of Usage Rights
The licensed images remain the property of the author. The images are provided solely for the acquisition of usage rights in the sense of the copyright. We explicitly reserve the right to transfer secondary rights to third parties and we do not recognize terms, according to which exercising further rights should be excluded after the acceptance of the fee. The granting of exclusive rights and vesting periods requires a separate agreement and release statement.  A rearrangement or copy of the image data requires the consent of the agency. Distribution of the images or reproduction rights to third parties is prohibited.
The usage rights are not acquired exclusively.

3.2 Purpose of Use
The use is permitted for all kinds of media. Multiple uses are permitted only within the same business transaction. Usage for different projects or customers requires a new fee. Within the same business venture, repeated usage is allowed.

3.3 Duration of use
The useful life of the transferred image rights is one year from the date of purchase. After this period, the image may be used only if the work, which the image has become part of, remains unchanged. Any other use is subject to an additional fee.

§ 4 – Copyright Notice

The copyright notice for publications is as follows: “Photographer / AGENCY”. According to § 13 UrhG this notice must be conducted in a way, such that no doubt arises regarding the allocation of this notice to the corresponding image. If this obligation is violated, Mullen and Pohland GbR will calculate a surcharge to the basic fee.

§ 5 – Liability

Mullen and Pohland GbR accept no liability that might arise from the use of its images. The user bears all risk of use. Despite careful examination Mullen and Pohland GbR are not liable for the correctness and completeness of the data. A liability for incomplete data transmission is not covered by Mullen and Pohland GbR. Mullen and Pohland GbR is not liable for damages resulting from direct or indirect use of the offer. In particular, Mullen and Pohland GbR are not responsible for hardware and software errors resulting from the transmission of the images. The user is liable for any damages arising from a violation of a concluded contract between the user and Mullen and Pohland GbR and / or liabilities arising from these terms and conditions. The participant exempts Mullen and Pohland GbR from claims for damages to third parties resulting from a violation of a concluded contract between Mullen and Pohland GbR and the participant, and from the violation of these Terms and Conditions. The customer is liable for the protection of the image data with regards to improper use.

§ 6 – Data protection

6.1 Data storage and Processing
Mullen and Pohland GbR collect personal data as part of the particular transactions. Mullen and Pohland GbR treat all customer information as strictly confidential and make commonly accepted efforts to ensure the security and integrity of that data. An analysis of the data takes place only within the company for the information of particular image suppliers and for our own marketing purposes. Mullen and Pohland GbR agree not to disclose of customer information to third parties.
The guarantee regarding data protection is limited by Mullen and Pohland GbR to common and reasonable standards. Any other warranty is excluded.

6.2 Security of Payment Details
The security and confidentiality, particularly concerning the transfer of customer, payment and credit card information is protected by 128 bit SSL encryption. The storage of this information is protected at multiple levels against unauthorized access.

6.3 Due Diligence and Joint Responsibility
The customer is obliged to store his or her customer data carefully. He/she has to ensure that this data is protected from unauthorized access and improper use. In case of a suspicion of abuse, Mullen and Pohland GbR should be notified without delay.

§ 7 – Final Provisions

The Law of the Federal Republic of Germany applies to all contractual relationships, even in the case of delivery or granting use rights to foreign countries. The possible invalidity of one or more provisions of these terms does not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid one which is closest to the original regulation.
Court of jurisdiction is the registered office of Mullen and Pohland GbR.

Valid from 01.01.2008

 
 
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