Terms of Business

I. General conditions

All offers, consignments, electronic transmissions as well as the allocation of rights of utilization (licencing) are exclusively provisional and not excluding the following standard conditions of contract Varying terms of contract of customers are only applicable if confirmed in writing from Fotofinder GmbH . Contract terms of the customer, printed on order forms, delivery confirmations or other documents are hereby declared inapplicable. The customer must declare the intended use of our pictures before licencing, at the latest, prior to technical utilization. According to the customers declaration, Fotofinder GmbH will grant permission for utilization of the delivered photographic materials. If the customers declaration does not correspondent with the intended utilization, the permission for utilization is void and Fotofinder GmbH is not liable for claims of compensation from third parties.

II. Fees

All utilization of our photographic materials are subject to fees. Fees have to be agreed prior to utilization and are dependent on the type of media as well as the type and extent of utilization, which has to be declared to us in advance. In general, the calculation of our fees is based on the respective recommendations of the "association of middle-class photo marketing".

All fees in offers, price lists and other documents are always without VAT and contributions to the social security for artists. Fees are only applicable for a single utilization of a declared purpose mentioned extent and agreed language area. Further utilization is subject to prior written permission and renewed fees. If an illustrated object(e.g. a book, CD-cover, brochure etc.)is displayed in a new media, an additional fee is payable for the displayed photographic motive, regardless of the fee allready paid for the utilization rights of the same picture in connection with the original use of the photographic material. This applies particularly to utilization for advertising purposes. The user must inform Fotofinder GmbH about the new utilization and needs a further permission to utilization.

If out photographic 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 or waiting periods have to be agreed seperately and require a minimum surcharge of 100% of the respective basic fee. Fees are due at the latest, three months from the customers stated utilization, even if the publication or utilization has not taken place. Payment of fees has to be made stating the customers number, picture guide number, as well as the name of the copyright holder. Without this information an additional administrative charge will be imposed, which depends on the extent of the additional work.

III. Limitation of Disposal, Liability, Utilization and Copyright Laws

All images should be treated like originals. In principle, only the utilization right of the copyright is transferred. This applies particularly to images with several copyrights (e.g. to works of plastic arts or performing arts). The redemption of further copyrights as well as the obtaining of publishing permission from collections, museums etc. is the responsibilty of theutilizer. The photos supplied by Fotofinder GmbH can only be utilized as stipulated in licence- agreement before download. The rights stipulated in the licence agreement are valid in the agreed extent only for a single utilization. Repetitions or other extensions of the initially permitted utilization are subject to our prior permission. Our prior permission has to be obtained particularly in the case of an intendedutilization of our photographic material for advertising purposes.

If during a utilization in advertising personal rights of a portrayed person are effected, the obtaining of permission from the portrayed person lies within the responsibility of the utilizer. If because permission is not obtained, compensation claims of the portrayed person arise, Fotofinder GmbH is not liable. Trend-strange utilization and distortions of pictures or tone as well as utilizations which could lead to the disparagment of portrayed persons, are not permitted and lead to compensation claims against the utilizer.

The passing of any material to third parties requires our written permission. If these terms are violated, Fotofinder GmbH is authorized to charge a compensation fee of up to Euro 500 but has the right to claim in particular cases higher compensation. The customer is obliged to inform us without request about the extent of unauthorised storage of our material. The utilizer is obliged to observe the journalistic principles of the German Press Council (Press Code). The utilizer, respectively the customer, is responsible for the wording. Fotofinder GmbH is not liable for violation of the general personality law or copyright law through wrong arrangement or distorted meaning in pictures or wording. Only the utilizer ist responsible for compensation claims from third parties if these laws are violated. The publishing of pictures of prominent people is only permitted editorially and with citing of their names.

IV. Copyright, Voucher Copy

With reference to international and german copyright law (§13UrhG) we explicitly demand an agency and copyright entry, which has to be printed at a place, permitting no doubts about the relation between the picture, the agency and the copyright holder(photographer). Lists of reference are only adequate if an unambiguous relation to the respective picture is established. Additionaly, with the payment of the balance, the customer has to cite explicitly in which publication and place the picture has been published.

If the customer failes to print the copyright entry, Fotofinder GmbH is authorized to charge a compensation fee of 100% of the respective utilization fee as well as additional administration charges. The utilizer has to release Fotofinder GmbH from all compensation claims of third parties if he fails to print the copyright entry. The right of citing the copyright and FotofinderGmbH cannot be settled through payment of a higher fee. This also applies to advertising, web-site-pages, any other electronic medias (e.g. CD-Rom) insertions in television programms, movies or other medias if no other special agreement was made.

The user is obliged to send the author a copy of the publication, not later than two months after the date of the data transfer

V. Conditions of Payments, Place of Jurisdiction, Miscellaneous

Invoices are payable net within 30 days. Place of jurisdiction and place of performance is for both parties, as far as legally permissible, Berlin, Germany. For deliveries in foreign countries, German law is applicable, as agreed. Should one of these delivery and standard conditions of contract be void, the validity of the remaining conditions of contract remains unaffected.