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terms and conditions

Terms and Conditions of delivery at altro - the photo agency

(06/01/2001)

General

All electronic transmissions, consignments, offers as well as the allocation of utilization rights by altro photographic agency are subject to change and solely according to the following conditions.

They also apply to future transactions in which there is no explicit reference to them. Varying terms of contract of clients are only applicable if confirmed in writing. Complaints regarding the contents and / or quality of the electronically delivered material are only possible if made immediately upon delivery and in writing. altro photographic agency accepts no responsibility for any compensation claims regarding software or hardware damage or defects which may result from the electronic transmission of our photographic material, written correspondence or the usage of our system, unless the client can prove intent or gross negligence.

All transmitted photographic material will always remain property of altro photographic agency. It can only be used for the specified purpose a temporary period of 20 days within the legal requirements of copyright laws. The client agrees to delete all photographic material received from altro photographic agency from his electronic storage systems following the agreed period of usage. The same applies to photo material that was not used.

Fees

All photographic material ordered from altro photographic agency with the intention to use is subject to fees.

Fees have to be agreed prior to use. They are dependent on the type of media as well as the type and extent of use that must be declared to us. All fees are always published without VAT. This will be charged in addition at the current German rate.

Fees are only applicable for a single use for a declared purpose and the declared extent. Further use is subject to renewed fees and prior written permission. The client is obliged to inform altro photographic agency in writing if purpose or extent of the use change after the agreement has been made or the photographic material has been released. The fee for further use / publication will be renewed. If the planned publication or further use does not occur, the fee for the transmitted photographic material remains payable.

Exclusive rights or waiting periods have to be agreed separately.

Fees set up by altro photographic agency are always due at the latest, within 8 days.

Payment of fees has to be made stating the picture number(s), client number and date. Without this information an additional administrative charge will be imposed in accordance with the current valid price list.


administrative fees

Administrative fees apply for the picture research service and all completed transmissions by altro photographic agency via ISDN-Leonardo, e-mail or mail delivery. Charges are not made for downloads of photographic material to the client`s computer.

Service fee is calculated according to altro photographic agency`s valid price list, depending on the type and extent of the resulting necessary effort.

By paying the service fee the client does not gain any usage rights or copyrights.


further regulatiions

In principle, only the usage right of the copyright is transferred. This applies particularly to images with several copyrights. In principle, all rights stay with altro - photographic agency.

The redemption of further copyrights as well as the obtaining of publishing permission from collections, museums etc. is the responsibility of the user. If the user commissions altro photographic agency to undertake suitable action, charges will be made in accordance to the current valid price list.

All requests and agreements have to be made in writing or via e-mail.

The user is obliged to observe the journalistic principles of the German Press Council (Press Code). The user, respectively the client, is responsible for the wording. altro photographic agency 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 user is 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.
altro photographic agency accepts no responsibility for any compensation claims; only the client is responsible for the utilization of the pictures.

Both the client and the user have to send one voucher copy to altro - photographic agency without being asked.


Data protection

The user is hereby notified with reference to 26 (1) of the German Federal Data Protection Act of the storage of his full address and all information necessary for data processing by altro photographic agency. altro photographic agency agrees not to forward data to third parties without the consent of the client / user.


Place of Jurisdication and Place of Performance

Place of jurisdiction and place of performance is for both parties Regensburg, Germany. For deliveries in foreign countries, German law is applicable, as agreed.