Terms & Conditions of underwater-photos.net
1. The copyright of all represented photos offered here is in the possession of underwater-photos.net/Wolfgang Poelzer! No one of the photos may be copied or multiplied without our permission. Please consider the national and international copyright regulations! These apply naturally also to the Internet. Offences against the copyright can cause expensive consequences. Please save yourself and us any complaints, by ordering the photos duly over our organization.
2. Please consider:
3. At present, we offer only licensed pictures. This means, a picture is bought
exactly for a certain purpose and the price depends on:
4. With the order and use of pictures of underwater-photos.net/Wolfgang Poelzer you accept our general trading conditions.
5. All elements of these Website (photos, diagrams, texts, fig., etc.) are world-wide in copyright matters protected (copyright protected). If not expressly approves, you may not copy, transfer or store the entire Website nor parts of it.
6. For soft and hardware errors, which occur during the on-line transmission of our pictures, we do not take legal responsibility.
7. All pictures, no matter if delivered as slide or file, remain always property of underwater-photos.net/Wolfgang Poelzer. It is made available exclusively in the sense of copyright temporarily to the agreed upon use.
8. After the concerted use of our pictures, you have to delete all of our pic-files completely from your hardware and destroy or return the data medium we sent. Transferred, but however not used or cancelled pictures have to be sent back immediately. Slides always have to be sent back after use.
9. Picture-files and slides, at which the orderer acquired as agreed a right to use by payment of a royalty, without using them, are within three months counted from the date of the payment of the royalty to delete from the electronic memory systems and/or send back.
10. Our electronic transmissions, supplies, offers and assignment of rights to use take place exclusively not-binding on the following conditions. They apply also to future conclusions of contracts, even if expressly to them one refers not again. Deviating conditions and special arrangements must be agreed upon in writing. Complaints, which refer to contents of the electronic transmission and/or the transmissions, can be only recognized, if they are made written immediately after receipt.
11. Each use of our pictorial material, also in online publications or on CD, is royalty requiring. This applies also when using a picture as collecting main to designs, caricatures, placed behind photos and customer presentations, as well as when using picture details, which become by means of assemblies, Fotocomposing, electronic image carriers or similar techniques a component of a new picture.
12. All royalty data in offers, price lists and other documents understand themselves always net without VAT.
13. When unauthorized using and passing on our graphic data to third, a minimum royalty in the height of the fivefold royalty becomes due subject to further claims for damages.
14. By the achievement of payment of damages and/or the payment the orderer acquires of other costs and fees, which are computed afterthese conditions, neither rights to use nor property at the pictorial material of the authors.
15. We require an author note (photo: W. Poelzer), in a way that no doubt about the allocation to the respective picture can exist. Collecting picture proofs are only sufficient in this sense, if from these the allocation free of doubts to the respective picture can be likewise made. The user has to exempt the picture agency from requirements third resulting from the omissionof the author notes.
16. If the author note is missing, then a requirement of an additional charge of 100 % can be made valid.
17. The invoices are always payable in one piece, within 14 days. Poss. discounts are noted exclusively on the calculation.
18. If the invoice is not paid punctually, we can charge standard commercial reminding expenses.
19. The royalties apply only to the unique use and purpose, the extent mentioned and the agreed upon linguistic area. Each further use is again royalty requiring and requires our previous written agreement.
20. Maturity of royalties: With the receipt of files and/or slides, the royalties becomes due!
21. Becomes an illustrated object (e.g. a book, a music-CD, etc..) in a new medium shown, then again royalty is due, independently from rights to use for the same picture, already honored, in the original use connection for the motive recognizable on it. This applies inparticular with the use for advertising purposes. The user has to inform underwater-photos.net/Wolfgang Poelzer and get the agreement for use.
22. Exclusive rights and waiting periods must be agreed upon separately.
23. Cancellations: If an order (picture order, use agreement) is cancelled, after picture-files had been transferred (dispatched), then a signatory written explanation must be arrive within 3 weeks after data transmission (picture delivery) that all relevant data were and will be used in no way, and that all data were irreparably deleted! Additionally possibly sent data media and/or any pictorial material (e.g. slides) must be returned within this period!
24. From each publication underwater-photos.net/Wolfgang Poelzer have to get at least two complete specimen copies without being asked and free of charge. By electronic use of the pictures in online media you have to send a digital screenshot to underwater-photos.net/Wolfgang Poelzer.
25. The license agreement ENTITLES for the following use of contents: You are justified to use the contents for private, business, internal, editorial and customer projects including projects on printed material, for advertising purposes, on packing, as presentations, as videos as well as for online and Multimedia projects.
26. The license agreement ENTITLES NOT for the following use of contents: You are not allowed to use the contents on an web-portal, to make the contents available online for downloading or to use the contents on a Website with a higher resolution than 72 dpi. You are not justified to use the pictures for the production of pornographic, slanderous or illegal material.
27. Any use of contents outside of the area of application of the available contract is expressly forbidden. In this case the licence stops immediately. In the case of completion the product must be returned to underwater-photos.net/Wolfgang Poelzer immediately.
28. Guarantee: If the delivered picture CD or DVD is damaged, you will get a new one, if we get a written description of the lack within 30 days.
29. A distortion of the in copyright matters protected work by drawing, photographing, photocomposing or with computer technic is not permitted. Exceptions require a separate agreement. With offences underwater-photos.net/Wolfgang Poelzer is entitled to charge the fivefold of the normal royalty.
30. Duplicating, production of internegatives, reproductions enlargements and electronic storage of pictures for archives purposes of the customer as well as passing on to third are not permitted. Special cases require our written permission. The customer has to inform us without request, if he does something like this.
31. We cannot take over demands for recompensation, which should result from the use of our pictures. The responsible person of the respective printing element or other medium carries the complete responsibility in each case.
32. The passing on of the pictures or of reproduction rights to third requires a separate contract with underwater-photos.net/Wolfgang Poelzer.
33. If original slides are ordered, the customer has to be responsible for them, also if he wants us to send them to third. The risk of sendig them back completely intact has also the customer.
34. With downloads and other work with the online service of underwater-photos.net/Wolfgang Poelzer is the full risk with the user. For possible damage to soft or hardware of the user, underwater-photos.ne/Wolfgang Poelzer is in no case compensation requiring.
35. Area of jurisdiction and place of delivery are for both parts Salzburg/Austria. Also in the case of supplies abroad Austrian right applies.
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