General Terms & Conditions of the BilderBox Photo Agency - Erwin Wodicka
To print, please use your browser print function, or a right mouse click.
To save, also use a right mouse click or a long mouse click on a MAC.
Searching for and downloading of high-resolution printable files are both free of charge. Fees are charged for any publication and/or use of pictures, excluding use purely for layout purposes. Prices for publication / picture use are based on YOUR normal rates. If you have any queries please ask for price information. You require a username and password to receive high-resolution pictures. We shall be pleased to provide this free of charge to professional image users (picture editors, editorial staff, graphic artists, publicity agencies, etc.). Please note General Terms & Conditions below!
General Terms & Conditions A. General 1. All offers, deliveries and issues of right of use are made solely without obligation and non-exclusively on the following conditions. 2. Alternative business conditions of the ordering party apply only if confirmed in writing by BilderBox. Business conditions of the ordering party stated on order forms, delivery confirmation forms or similar are hereby repudiated. 3. Picture material delivered via Internet, CD or ISDN always remains the property of the agency / author. It is be provided solely on a temporary basis and the acquisition of usage rights made available within the terms of copyright. 4. Pictures may not remain secured on electronic data carriers longer than necessary for production without written consent from BilderBox. After publication, data carriers must be deleted. Our pictures may not be used to produce a photo archive or photo databank or be incorporated into a photo databank without our consent.
B. Fees 5. Any publication of our picture material is liable to payment of fees. Only usage solely for layout purposes is free of charge. 6. All pictures are protected by copyright. 7. No fees will be charged for downloading of pictures. Charges will however be made after any form of publication whatsoever. The picture user is obliged to inform BilderBox immediately, in an appropriate manner. 8. Fees for non-editorial usage will be agreed in advance. Charges will be made according to medium, type and extent of use, of which we require notification. Should no enquiry regarding fees be made by the ordering party, or no other fees agreed, then charges will automatically be made at the agency’s valid rates. Should the ordering party provide no exact details, the agency reserves the right to charge a fee on a lump sum basis. All quoted fees in offers, price lists or other documents are always net, exclusive of VAT and artist’s social insurance contributions. 9. Fees are for a one-time use only, for the sole purpose, extent and language area specified. Each further use is liable to additional fees and requires our advance written consent. 10. No exclusive rights or retention periods can be agreed. 11. Clients with monthly or annual fixed sums will be charged singly for all further publications upon expiry of the fixed sum period.
C. Disposal restraint, liability, utilization rights and copyright 12. All picture copies are to be treated as originals. Basically, only the right to the use of photographic copyright is transferred. This applies in particular to images, the contents of which fall under further copyright (e.g. works of visual or representative arts). Discharge of further copyright and obtaining of publishing permission for collections, museums etc. is the liability of the user. The contractually granted rights shall apply solely for a one-time use to the agreed extent. Repetition, or any other extension of the initial rights of use, is only be permissible with our advance written consent. 13. Manipulation of work protected by copyright by using photocomposition or electronic means is permitted. All tendentious usage, falsification of images and words, or usage which may lead to the vilification of models pictured are illegal and may render the user liable for damages. 14. Passing on of picture material, or transference of reproduction rights to third parties is forbidden. Likewise, duplication and production of internegatives, reproductions and enlargements, as well as copying of digital picture material for the purpose of archiving for the ordering party, and the passing on of such material to third parties, is forbidden. Special cases require our written consent. The ordering party is obliged to inform us if, and to what extent, duplication or other copying has been carried out for his/her own archiving purposes. 15. The user is obliged to adhere to the Publishing Codes of Practice (Press Code). Responsibility for photo texts rests with the user or ordering party. We accept no liability for infringement of general personal rights or copyright through use contrary to agreement, or use of an image or text in a misrepresentative manner. In the event of such an infringement, the user bears sole liability for any damages claimed by a possible third party. 16. All publications involving photographic models may not include texts or captions which do not correspond with the intended purpose of the picture. Such models may not be brought into association with religion or membership of a political party, or be defamed or libelled by texts or captions. In this event, the issue of personal rights must be clarified with the photo agency before publication! In case of doubt, the endorsement “posed shot” must be added to the caption in a prominent position. It is also forbidden to use photographs of models in media publications with a sexual or pornographic content. This applies particularly to publication in Internet. 17. All pictures / digital print data are intended for editorial use. Personal rights are to be agreed before publication for NON-editorial purposes (books, brochures, advertising, etc.). Please click here. Any use of trademarks must be clarified with the trademark holder. 18. Photographs of prominent persons may only be published together with their names and solely in editorials. 19. We reserve the explicit right to pass on secondary rights to collecting societies and do not recognise any clauses intended to exclude safeguarding of further rights following the acceptance of a fee.
D. Copyright / specimen copy 20. We expressly require an agency and copyright endorsement, in such a manner that there can be no doubt to which picture it refers. Collective picture identification is only acceptable in this respect if identification of each picture is guaranteed with no doubt whatsoever. The user agrees to indemnify the photo agency for any claims from third parties resulting from failure to include a copyright endorsement. Valid as a copyright endorsement is “Photo: BilderBox.com“ 21. Item 1 also applies to advertising, fade-ins in television programmes and films or other media, if no other explicit special agreements have been reached. 22. In so far as not being specifically mentioned in the above, all usage is subject to Austrian Copyright Law regulations. 23. A complete specimen copy must be sent to us before each publication in print, without being requested and free of charge.
E. Contractual penalty/lump sum payment of damages 24. Any unauthorized use, misrepresentation or passing on of our picture material, unauthorized passing on of duplication rights to third parties, unauthorized production of transparency duplications or internegatives, reproductions and enlargements for the purpose of archiving by the ordering party or passing on thereof to third parties (see C1, 2 and 3) will be liable to a minimum fee of five times the normal usage fee, subject to claims for damages. 25. Should the copyright and/or agency endorsement be omitted, we reserve the right to levy an additional fee of 100% of the normal usage fee plus any possible administration costs.
F. Conditions of payment / Place of jurisdiction 26. Our invoices are to be paid net within 30 days. 27. Place of jurisdiction for all disputes is Linz / Donau, Austria. 28. Austrian law shall also apply to deliveries outside Austria,. 29. Should any proviso within these general terms and conditions become invalid, then the validity of the remaining provisos remains unaffected.
G. Data security BilderBox vouches that registration data will be used exclusively for normal business purposes. BilderBox will, at irregular intervals, inform you of changes or innovations, which you may of course cancel at any time. H. Miscellaneous BilderBox accepts no liability of any kind which may arise through the application, use or downloading of our picture/digital picture data. Furthermore, BilderBox accepts no liability for the suitability of a picture or the data amount of a picture for a particular purpose. Our picture databank and Internet pages are at your disposal in their existing form, i.e. including any possible errors. We usually have two separate servers in operation so as to provide the best possible access to our databank. In the event of any form of interruption, it is normally possible to change to the second server. BilderBox cannot guarantee the Internet pages to be free of viruses, unauthorized programme, Java or source codes or other possible parts/components which may have a disturbing effect on functions or business. You agree that all pages of BilderBox are used at your own risk and you are aware that it is your responsibility to take all necessary precautions to protect yourself against any damages, dangers or losses which may arise from the use of the BilderBox Internet pages. Costs for all necessary servicing, repairs or corrections, which may arise through use of BilderBox are to be borne by the visitor to our Internet pages. Exclusion of liability applies to all pages. Thening, 31.5.2001
|