General Terms and Conditions

Universal

The following terms of business count to every business dealings with the agency face to face, as far as nothing else was agreed in writing. Divergent terms of business of the customer, supplier or originator will only attain validity if face to face picture agency GmbH (agency) recognizes this in writing. The terms of business count to all photos of any technical form, in particular also for electronically transmitted photos. The agency acts basically as a mediator in the name and for calculation of the authors represented, photographers and agencies. Physical photos (slides and negatives) remain always a property of the originator, they are made temporarily available to the customer (client) in order to realize the rights of use and they are to be returned to the agency within the term given on the light of delivery. Photos in electronic form (files) must be extinguished by request of the agency. Photos may not be transmitted to a third party except by previous arrangement, unless, the passing on serves internal purposes of the sighting, selection or technical processing. Only the photographic copyrighted use is licensed. No other rights will be given by the agency. As far as other rights are concerned, as for example other copyrights (e.g., of the architects of pictured buildings, the originator of pieces of art), rights in recognizable brands, personality rights of the pictured persons or possibly necessary publication approvals of collections, museums etc., the acquisition of these rights is incumbent upon the client.

Royalties, fees, tearsheets

Every use of the material (photos and texts) is liable to royalties, also if it is used only partially or in changed form. Basically the customer acquires only the right for the unique non-exclusive use in one single object of one publishing company and only for the first edition in the original language. Every other use is liable to royalties once more. The height of the royalties is to be agreed before the useage. If no royalties have been agreed, it determines to the picture fee overview published by the German federal association of the press picture agencies (BVPA). If the use of the photos occurs without approval of the agency, a contract punishment is to be paid in addition to the fee at the rate of 500 % on this basic fee. If the unapproved use concerns exclusive pictures or photo material or if photos are transmitted to third parties without approval of the agency, a contract punishment is to be paid for every isolated case by height of 500 % of the royalties to be expected. This also counts by use of the material for advertising purposes and other non-editorial use which has not been agreed for. The assertion of further claims is untouched from this. For damaged, destroyed or lost physical photos the agency may take a plan fee of 1000 Euros per slide original or other unique specimen, without the agency has to prove the height of the damage. By damages the fees are to be lowered according to the degree of the damage and the circumference of other possibil utilization. Basically the proof is left to the parties that a higher or lower damage has entered. At the end of the lending period given on the light of delivery a fee of one euro is to be paid for the physical picture per day. For the selections of material ordered by clients a handling fee is raised which will not be settled with the payment of royalties. The use of the photos for layout and presentation purposes is liable to fee. Fees become due by use, invoices become due after 14 days. The originator's note must be printed by publication like given on the material. With the payment of fees, contract punishment or damage substitute no property rights or rights of use are acquired. The client will submit a copy of every publlication (tear sheet) to the agency.

Use of the online databases

The agency gives access to the online database to the client. The agency does not take any guarantee for the quality or the duration of the connection. The client will procure the required counterplaces-software (client, browser) at own expenses. The access to the database is possible only with a valid access code (user name or user number and password). This is treated confidentially by the agency and the client. Should the access data be abused by fault of the client, client sticks for the resulted damage. The client can use the face to face online database to search for photos and download highres. The client has no claim to permanent accessibility of the face to face server. The agency may at any time switch off the server or change the contents stored there.

Costs

The search, view and choice of the picture data in the data bank is free for the client. For the transference or download of the fine data (high resolution) costs may result.

Liability, legal venue

The agency sticks only for intention and coarse carelessness. The agency does not stick for injuries of rights of third parties caused by the usages of photos, especially not for the injury of personality rights or copyrights. The client keeps the agency clear of any demands of this kind of third parties. The client commits himself to follow possible notes like restrictions and special conditions which are electronically linked to the picture data. Every divergent use must be agreed in writing. The client will store the transmitted picture data only for the agreed purposes. The client will not give the data to third parties, will protect them against the access of third parties and extinguish them after use. Storage of the transferred data by the client is permitted only for the duration of the current production. With nonobservance the client sticks for damage substitute and for claims of third parties. The agency does not stick for the transport risk. The danger goes over when sending the material to the receiver. The law of the Federal Republic of Germany is to be obeyed at any time, also by delivery abroad. Place of fulfilment and legal venue is Hamburg. Should parts of these GTCs be ineffective by legal regulations, all other parts will continue to be valid.