If you want to purchase usage licenses from us for media such as photos, images and videos, then the following conditions apply. (Please note that only the license terms in German are "legally binding". This English version may contain translation errors and is therefore only for your orientation):
§1. Authorship
The image material offered is protected by copyright. Property and copyrights are not transferred, not even with the payment of damages and / or other costs and fees.
§2. License terms
By paying the license fee, the customer acquires the non-exclusive, worldwide, non-transferable and non-sublicensable right to use the selected and acquired image material for the purposes permitted by the type of license acquired in accordance with § 3.1 and §3.2 are and do not violate the provisions of §4.
§3. Purchasable usage licenses
For all licensable media (excluding media with people, private buildings and public buildings for which known property rights exist) that are displayed on "Tenckhoff Photo Archive", two types of usage licenses are offered:
§3.1 Simple license
Subject to the restrictions described in §4 "Prohibited Use", the following uses are permitted for media purchased from us:
- School or university projects;
- Social media post or profile picture;
- decorative background on a PC or mobile device;
- Online or electronic publications, including websites, blogs, e-books and videos.
§3.2 Extended license
Subject to the restrictions described in §4 "Prohibited Use", the following applications are permitted in addition to the conditions of the simple license:
Invitations, advertising and promotional projects, including printed matter, product packaging, presentations, film and video presentations, commercials, catalogs, brochures, advertising cards and postcards, up to an unlimited number of prints;
Entertainment applications such as books and book covers, magazines, newspapers, editorials, newsletters and video, radio and theater presentations up to an unlimited number of prints;
Prints, posters (e.g. a hard copy) and other reproductions for personal or advertising purposes, resale, license or other distribution up to an unlimited number of prints;
In themes, skins and other electronic software intended for resale.
§3.3 Buying process
Upon request using the contact form or e-mail, the potential customer will receive a download link to the desired media in the best available resolution, as well as the invoice for the ordered user licenses by e-mail. If the desired media is not available, the potential customer will also be informed by email.
§4. Prohibited use
Use of the image material for purposes that violate possible property rights of third parties of the depicted objects, buildings and / or persons (it is entirely up to the customer to check whether third party property rights are violated in the intended use of the acquired image material. The image material offered is generally not subject to possible property rights Third party exempted by the provider, since these vary greatly depending on the country, location and time).
- Installing and using the image material in more than one place or publishing the image material on a network server or web server for use by other users;
- Sublicensing, reselling, renting, lending, assigning, donating or otherwise transferring or distributing Stock Media or the rights granted under these terms;
- Using the imagery as part of a trademark, design, trade name, business name, service mark or logo;
- Use of the image material in a manner that we, or under applicable law, deems to be pornographic, obscene, immoral, racist, hurtful or defamatory, or that a person or property depicted in the image material is likely to be in Would bring discredit;
- Use the artwork in a manner that competes with our business, including but not limited to displaying the artwork in any format (including thumbnails) for downloading or exporting to a website, or offering the artwork for sale;
- Using the image material for editorial purposes without using the following identification next to the image material: "© Dr. Jürgen Tenckhoff";
- Use the image material that gives the impression that it was created by you or by someone other than the copyright holder of the image material.
- Use of the image material on social media platforms that claim the right to the published image material (Facebook, Instagram etc.)
§5 Passing on the licenses
Purchased usage rights to our photos may not be resold or passed on to third parties.
§6 Image processing
The customer is entitled to reproduce the licensed image material for his own purposes but only to edit it to the extent that the original image statement is not changed. A backup copy of the image material may be made for storage and archiving. If the acquired photo is lost due to unforeseen circumstances, please send a message to info (at) tenckhoff.de - we will then try to help.
§7 Picture credits
§7.1 Obligation to label
When using the licensed photos for websites as well as in an editorial or journalistic context, a copyright notice such as "© Dr. Jürgen Tenckhoff" is mandatory. It can be attached in close proximity and in the manner customary for the respective use or in the imprint.
§7.2 Obligation to provide evidence
At the request of Tenckhoff Photo Archive, the customer must provide evidence of the lawful use of purchased images (e.g. specimen copies, screenshots). Any unauthorized use or distribution of the images is subject to compensation.
§8 Application and use restrictions
§8.1 Sublicensing
The customer is prohibited from sub-licensing, selling, renting or otherwise surrendering the acquired rights.
§8.2 Restrictions
Uses that can lead to the degradation of the illustrated motifs (especially of people and animals), as well as usages in pornographic, defamatory, defamatory, racist, criminal, infringing or offensive contexts are prohibited and make the customer liable for damages. The use of the acquired photos must not be the rights of third parties, i.e. violate natural or legal persons.
§8.3 Providing the image material online
The online provision of the image material in a downloadable format or the distribution of the image material is not permitted. The image material or parts thereof may not be used in a logo or as a trademark or service mark.
§9 License fees
§9.1 Prices
The Tenckhoff photo archive applies. Published license prices / discounts for each individual photo (as of April 5, 2020):
- Single license: € 50.00 per image (photo, Colorkey, Startrail, HDR etc.)
- Extended license: € 200.00 per image (photo, Colorkey, Startrail, HDR etc.)
Due to the small business regulation, no VAT is collected (as of April 2020).
§9.2 Start of the right of use
The right of use begins with the transmission of the fine data of the image material. It is subject to the condition precedent of payment of the license fee.
§9.3 Payment due date
The license fee is payable immediately after downloading the media.
§9.4 Return debits
In the case of a direct debit, Fotoarchiv Tenckhoff charges the customer costs of EUR 20, provided the customer is responsible for the reasons for the direct debit.
§10 Limitations of liability and compensation
§10.1 Exemption from Tenckhoff photo archive
The customer is obliged to indemnify and indemnify Fotoarchiv Tenckhoff from all third-party claims for damages and liability arising from the license terms and from a use of the image material that deviates from the above agreements.
§10.2 Disclaimers
Fotoarchiv Tenckhoff assumes no liability for any permits that may be required or obtainable when using Dr. Jürgen Tenckhoff provided the picture material. This applies in particular to images of people, works of art or architecture as well as to other images that affect names, companies, brands, registered utility models or other property rights of third parties. The customer is solely responsible for obtaining all permits required for the respective use of the image material. The customer is also solely responsible for obtaining knowledge of the current (national and international) country-specific laws, rules and regulations before using the acquired image material in order to ensure the legal use of the acquired image material.
§10.3 Online availability
Fotoarchiv Tenckhoff assumes no liability for the availability of the online system and its own and third-party content. Furthermore, Fotoarchiv Tenckhoff is not liable for technical faults, the causes of which are not within the area of responsibility of Fotoarchiv Tenckhoff, or for damage caused by force majeure. Fotoarchiv Tenckhoff is only liable for damages based on willful or grossly negligent breach of duty. This also applies to the fault of a vicarious agent or legal representative.
§11 Property Rights
§11.1 To the image database
The image database available on the www.tenckhoff.de website is fully protected by copyright. The content of the page as well as all images and texts that are exhibited and / or offered for sale are the property of Dr. Jürgen Tenckhoff and the authors exhibiting here.
§11.2 To the website
The entire website or parts of it may not be copied, stored, distributed, transmitted, transferred or otherwise used without express permission. Violations of the provisions lead to an obligation to pay compensation to Dr. Jürgen Tenckhoff for the resulting losses, damage and costs.
§12 Complaints
Complaints relating to the content of the electronic transmission can only be acknowledged if they are made in writing immediately after the corresponding download, unless it is a hidden defect that cannot be recognized when the image material is viewed after the download was. Then the statutory right of return applies for consumers with a return period of four weeks, for entrepreneurs within the meaning of the HGB a right of return within seven days.
§13 Contract duration and termination
§13.1 Contract duration
The customer is granted the usage license for an indefinite period, but is not granted exclusively.
§13.2 Termination
Fotoarchiv Tenckhoff is entitled at any time to terminate the license to use the image material for an important reason. An important reason exists in particular if the customer violates the license conditions defined in § 4 or, despite a reminder, does not meet his obligation to pay the license fee with a grace period. In this case, the customer is obliged to immediately stop using the image material and to completely delete the digital image material provided to him. In the event of an infringement, Fotoarchiv Tenckhoff reserves all legal measures.
§14 Customer obligations
§14.1
The purchase price is payable immediately after conclusion of the contract and is considered paid upon receipt of payment in our account. Payment is made by transfer to the account specified in the invoice.
§14.2
You are obliged to take into account the limitations of your rights granted according to § 3 (3) of these license conditions in accordance with § 3 of these terms and conditions. In particular, you may not resell our products without our prior written consent.
§15 Customer rights
When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, about which the provider will provide information in accordance with the legal model below. A model withdrawal form can be found in paragraph (2).
The cancellation policy follows:
Right of withdrawal
Unless you have expressly waived your right of cancellation when purchasing the product, you have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day the contract is concluded.
To exercise your right of withdrawal, you must tell us:
Tenckhoff photo archive
Dr. Jürgen Tenckhoff
Röttgen 16
53773 Hennef
Germany
- Telephone: +49 2248 445133
- Email: info@tenckhoff.de
- FAX: +49 2248 916 4126
inform you of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the model withdrawal form (see paragraph 2), but this is not mandatory. If you make use of this option, we will send you a confirmation of receipt of such a revocation immediately (e.g. by email).
To meet the cancellation deadline, it is sufficient for you to send your communication regarding your right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we have to repay all payments we have received from you immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
The right of withdrawal expires prematurely
Your right of withdrawal expires prematurely in the case of a contract for the delivery of digital content that is not on a physical data medium, if you have expressly agreed that we will start executing the contract before the withdrawal period expires and you have confirmed your knowledge that you can Consent with the start of the execution of the contract lose your right of withdrawal.
- End of revocation -
(2) The model withdrawal form follows:
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- On:
Tenckhoff photo archive
Dr. Jürgen Tenckhoff
Röttgen 16
53773 Hennef
Telephone: 02248 445133
Email: widruf@tenckhoff.de
- I / We (*) hereby revoke the contract concluded by me / us (*)
on the purchase of the following goods (*) / the provision of the following
Service (*)
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only for notification on paper)
- date
——————
(*) Delete / omit where inapplicable
§16 Liability and contractual penalties
§16.1
If you intentionally or negligently violate your obligations under § 4 and these General Terms and Conditions, Dr. Jürgen Tenckhoff a reasonable contractual penalty of € 1,000.00 (in words: one thousand euros) for each violation. For permanent violations, a contractual penalty of € 1.00 (in words: one thousand euros) per week is agreed. Any contractual penalties are to be offset against claims for damages. They represent the minimum damage, but do not count as a limitation of liability.
§16.2
Customer claims for compensation are excluded. This does not include claims for damages on the part of the customer from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
§16.3
In the event of a breach of essential contractual obligations, the provider is only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the customer's claims for damages result from injury to life, limb or health.
§16.4
The restrictions in paragraphs 1 and 2 also apply in favor of the provider's legal representatives and vicarious agents if claims are made directly against them.
§16.5
The provisions of the Product Liability Act remain unaffected.
§17 Notes on data processing
§17.1
The provider collects customer data as part of the execution of contracts. He particularly observes the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider will only collect, process or use customer data and usage data, insofar as this is necessary for the execution of the contractual relationship and for the use and billing of telemedia.
§17.2
A detailed explanation can be found in our data protection declaration.
§18 miscellaneous; Final provisions
§18.1
This contract is subject to the law of the Federal Republic of Germany with the exception of private international law and the United Nations Convention on Contracts for the International Sale of Goods.
§18.2
Should a provision of this contract be or become invalid, ineffective or unenforceable, the remaining provisions remain effective. The parties agree to replace the invalid, ineffective or unenforceable provision with a valid, effective and enforceable provision that most closely corresponds to the economic interests of the parties. This also applies in the event of a gap in the contract.
§18.3
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
§18.4
If only the male name of a person is selected in these terms and conditions, this is only for readability.
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