General terms of trade by F1online digital stock photo agency GmbH
(August 25th 2008)
All offers, consignments, electronic transmissions as well as the allocation of utilization rights are exclusively provisional.This service is not granted exclusivly in connection to following the following contract conditions.
Variations within the customer contracts are only valid when confirmed in writing by F1online. Contract terms of customers which are printed on order forms, delivery confirmations or other documents are hereby declared inapplicable.
Our Conditions of Submission and Reproduction of pictures are accepted when the ACCEPT Button is clicked and the customer has entered our online database.
A rejection of our conditions is only valid if photographic data or material is returned within 48 hours.
A rejection of our conditions is not possible if pictures are downloaded from our database.
Complaints regarding the contents and/or quality of the delivered material is not possible for pictures downloaded from our database.
Complaints regarding the contents and/or quality of delivered material, as stated under 3.2., have to be made by phone within 48 hours and confirmed in writing within 7 days. The same applies to the quality of the photographic material. If a complaint is not registered immediately, our liability for expenses already incurred or future expenses are terminated.
The customer must declare the intended use of our pictures before downloading or ordering. According to the customer declaration, the agency will grant permission for utilization of the delivered photographic materials. If the customer declaration does not correspond with the intended utilization, the permission for utilization is void, and the agency is not liable for compensation claims by third parties.
The electronic transmission or delivery of data or pictures will always remain property of F1online digital stock photo agency GmbH. It will exclusively be offered on a temporary basis for the acqusition of utilization rights, within the legal requirements of copyright laws, and for the mentioned utilization in the contract for use of images.
If data or pictures have been delivered or downloaded the following applies: The customer agrees to delete all image data received from F1online digital stock photo agency GmbHfrom his electronical storage systems after a period of 30 days, if no further use has been agreed upon, in writing, between the customer and F1online digital stock photo agency GmbH.
All received images and image data on electronic storage media must be returned after a period of 30 days if no further usage has been agreed in writing between the customer and F1online digital stock photo agency GmbH.
Pictures, which the customer has acquired the agreed utilization rights by payment of a utilization fee but has not used them, have to be returned within three months after the date written on the invoice, and/or the picture data has to be deleted from the computer system of the customer.
Through payment of compensation and/or payment of other expenses or fees, which are charged under the terms of this contract, the customer does not acquire neither the property, nor the utilization right for data or picture material supplied by F1online digital stock photo agency GmbH.
All utilization of our images, in whatever way, are subject to fees.
Fees have to be agreed prior to utilization and depend on the type of media and extend of utilization, which has to be declared to us in advance. If the customer does not inquire about a specific fee, the respective valid fee from our price list will apply. If the customer does not supply exact information regarding utilization purposes, F1online digital stock photo agency GmbH is authorised to charge a flat fee. All offered fees, prices on lists and other documents are always without VAT and contributions to social security for artists.
For pictures of models, as well as air, and others with exceptional expense connected photos, an additional fee will be added to the basic fee for the respective type of utilization. The additional fee is indicated as additional information regarding the image in our database.
Fees are only applicable for a single utilization with a declared purpose, mentioned extend and agreed language area. Further utilization is subject to written permission which has to be granted in advance and renewed fees.
If an illustrated object is displayed in a new media, an additional fee is payable for the displayed photographic motive, regardless of the fee already paid in connection with the original use. The user must inform F1online digital stock photo agency GmbH about the new utilization and needs a further permission for the use of an image.
If our material is utilized or passed on without authorization, a minimum fee of five times the basic fee is due, subject to further claims of compensation.
Exclusive rights have to be agreed separately and require an additional fee on top of the basic fee.
Fees are due at the latest, three month from the customer stated utilization, even if the publication or utilization has not taken place.
Pictures received for publication will be availiable to the customer for a period of 90 days after the delivery date without blocking fees (for print and slide material only). Exceptions have to be agreed separately.
If the planned utilization or utilization itself does not take place, the fee already paid cannot be refunded.
Payment of fees have to be made by stating the customer name, picture number and the name of the author.
3. Charges, Expenses
For all transmissions of data and delivery of data and/or images administrative charges and dispatch or transmission costs are charged. These costs will not be taken into account with possible future utilization fees. Through payment