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General Terms & Conditions
To the Image Customer, the General Terms of Business of ReproLit.com defines all Photographers as "Photographers", not only according to trade definitions, but also including any other picture authors, such as picture/photo designers, picture/photo artists, etc.
1 Control Mechanism
1.1 The conditions of the General Terms of Business describe service terms for access to the Service Activities Rendered by the on-line service provider ReproLit.com (referred to as ReproLit.com).
1.2 ReproLit.com performs and delivers only under the following conditions. Contrary conditions are not accepted by ReproLit.com. This is true should ReproLit.com not contradict changed conditions or should the Image Customer decide to conclude the business transaction only under his own conditions.
2 Description of Service
2.1 ReproLit.com makes available an ON-LINE ARCHIVE of image data. Image Customers can purchase licenses of image data according to copyright laws. All licenses purchased by Image Customers are non-exclusive.
2.2 In the ON-LINE ARCHIVE there is a basic difference between fine data suitable for reproducing images and image data in low resolutions, optimized for the monitor and the image presentation. In both cases, all data is protected by copyright.
3 Registration
3.1 The Image Customer must register before using the fine data of the ON-LINE ARCHIVE. False or incomplete information results in an abuse of the General Terms of Business. ReproLit.com can demand registration for the purpose of customer data verification.
3.2 With the registration, the Image Customer defines his own User Identification and his own Password, which are exclusive for this customer and authorize his access to the image bank. Should the Image Customer forget or misplace the User Identification and/or Password, he can receive these by email.
3.3 Should there be a misunderstanding or should it be of interest to ReproLit.com to change a password, ReproLit.com reserves the right to do so. In this case, the Image Customer will be notified immediately.
3.4 Should the registration data of the Image Customer change at any time, he is obliged to notify ReproLit.com immediately. The changes can be entered on-line by using the appropriately marked navigation point.
3.5 The Image Customer is responsible for all activities concerning the use of his Access Authorization and Password. This includes his sole responsibility for the use of his Access Authorization through third parties of the Image Customer's Name and Password. In the case of fraudulent, abusive or other unlawful use of Access Authorization, ReproLit.com can decide to cancel this authorization and denounce these activities to the appropriate authorities for legal action.
4 Scope of Services and Network Availability
4.1 The ON-LINE ARCHIVE is made available by ReproLit.com (see 2.1) on its own or rented web space under its Internet address (Website).
4.2 The Image Customer alone handles the costs of the his own Software and Computer, making them available for acquiring his access to the ON-LINE ARCHIVE. He also handles all costs concerning telecommunication connections between his computer and the web space of ReproLit.com.
4.3 The Image Customer's access to the Internet and from there to ReproLit.com's Web Space Provider, as well as the necessary telecommunication connections, are not a part of the ON-LINE ARCHIVE. This is also true of any offers or services coming over the Server. Should the Image Customer have any claims, they concern only the individual contractual partners.
4.4 ReproLit.com e does not guarantee that the systems and services needed to reach external processors are continually available and faultless.
4.5 At any time ReproLit.com takes the right to improve and update the quality of the ON-LINE ARCHIVE for the use of the Image Customer. This is to be accomplished with careful consideration of the commercial and technical needs of the customer. Continual updating of stored ON-LINE ARCHIVE data is a component of the utilization relationship with the customer and is not to be considered as a service change. The Image Customer is to be notified of any serious change to the service of the ON-LINE ARCHIVE. This notification will be made either by letter, per email or on the actual Internet site.
4.6 In order to eliminate disturbances and to complete necessary maintenance jobs, ReproLit.com takes the right to disrupt the ON-LINE ARCHIVE within short notice.
5 User Conditions, Copyright and Exploitation Right
5.1 All image material, delivered and/or electronically transmitted, remains the property of ReproLit.com, the copyright owner of this image material. All reproduceable, labeled image files are solely available for the purchase of licenses according to copyright laws.
5.2 After the preparation of this electronic image material for printing purposes and/or its utilization/application in any form, the Image Customer is to erase all files from all data carriers immediately and without further notice, including the destruction of any further material resulting from this usage. Storage for filing purposes remains unaffected.
5.3 The ON-LINE ARCHIVE is owned by ReproLit.com and is secured by copyright. Any storage of the data, whether for private or for business purposes, is prohibited and allows ReproLit.com to demand the immediate deletion of all stored data, the elimination of all further material developing from the usage of this data and/or a claim for damage compensation. This compensation is impartial to damage claims from third parties, and is calculated to at least the fivefold amount of the specified image price.
5.4 Unusual changes and falsification in image and word, as well as in usage, which could cause vilification of displayed persons, is not permitted and make the User of the image material liable to compensation claims.
5.5 The Image Customer is to adhere to the published regulations of the German Press Codex and is responsible for all text. ReproLit.com takes no responsibility for infractions to personal or to copyrights caused by adverse usage and/or distortion of meanings, image and text data.
5.6 Portraiture of well-known personalities may only be published with their name and editorially. To use portraiture of well-known sports stars and other famous personalities for publicity purposes, the Image Customer must obtain their direct permission.
5.7 We reserve the explicit right to transfer secondary image licenses to User companies. After acceptance of fees, we do not recognize clauses excluding further transfer of rights.
5.8 In respect to §3 UrhG (German Copyright Law), ReproLit.com expects that the Image Customer mentions without exception the Agency and/or the Copyright. This Agency/Copyright mention should be handled in such a way that there is not a doubt as to its allocation to each image. The Copyright is to be mentioned as follows: Name of Photographer/ ReproLit.com. Copyright mention for an entire group of images is only possible, if one can recognize without doubt its correlation to each individual image, unless otherwise mentioned, each use underlies the terms of the German Copyright Law.
5.9 We stress the point that the Image Customer commits himself in front of ReproLit.com to use the Internet with complete adherence to legal terms. We especially emphasize not to acquire pornographic offers, nor to store them for short periods, nor to pass on information pertaining to pornographic scripts (§ 184 of the Criminal Code). Furthermore, we emphasize not to circulate scripts harmful to youth (§§1, 3, 21 circulation of harmful scripts), nor scripts harmful to youth which spur on racial hatred, nor scripts which glorify or play down violence, nor glorify war, nor those promoting terrorist organizations, nor those promoting criminal actions, nor those containing any such harmful comments. Furthermore, we emphasize not to handle material which could damage the reputation of ReproLit.com nor that which deals with any other unlawful or immoral contents. The Image Customer agrees to keep all claims by third parties away from ReproLit.com, which specifically include infractions to third- party Rights through the unlawful conduct of the Image Customer. At any time, ReproLit.com is allowed to block access to offers of unlawful or immoral contents.
5.10 We emphasize that the Image Customer is not allowed to manipulate the ON-LINE ARCHIVE without permission, nor make uncalled for mass mailings.
6 Fees
6.1 Once the Image Customer has started the image data transfer of reproduceable image files, ReproLit.com is entitled to receive a payment of fees according to the actual ReproLit.com price list. Payment is claimed even if, for whatever reason, the initial transfer process is disrupted. However, the Image Customer has the right to repeat this operation without further charge, as long as it takes to transfer the image files correctly. ReproLit.com has the same right to repeat the data transfer, should details of the data file have been lost during downloading. Rights extending beyond these mentioned, such as right of return, are not accepted by ReproLit.com.
6.2 Non-reproduceable image data, which has been stored by ReproLit.com in the ON-LINE ARCHIVE for presentation purposes, can be transferred free of charge by the Image Customer to his own computer solely for layout purposes. After viewing these image files, they are to be erased /destroyed without further written request from ReproLit.com. By infringements of these rules, a compensation claim amount of fivefold of the image price will become effective.
6.3 The fees paid to ReproLit.com allow the User a single utilization of the image data. The User acquires herewith only a single usage right for a one-time application. It is understood that "utilization" means the single use of image material in publishing and editorial mediums without a timeframe. Multiple usage of the image material in a medium, as well as multiple usages in advertisements of a publicity campaign, results in a fee payment obligation.
6.4 The User is to announce all modifications or amplifications made subsequently to the originally granted usage rights, and is obliged to make a further payment. The Image Customer is to inform ReproLit.com of such changed usage requirements and register his purposes with them. The following are not to be understood as subsequent changes: a distribution increase of publications/reprints, as well as regionalization of editions of already published works. Needless to say, the subsequent usage of image material, as well as the placing of these in product attachments (such as prospects, web pages, CD-Roms, etc.), oblige a fee payment according to the actual price list.
6.5 The license of the image material is only considered applicable upon receipt of the required fee payment. Should a payment not be made or only partially, then the usage right is not applicable and not permitted. In the case of a further transfer of image material or digital data, as well as the transfer of reprinting rights to third parties (including to subsidiary companies and partner businesses), ReproLit.com is to be contacted for its permission and requires a separate agreement. With unlawful usage and/or further non-permitted circulation of the image material, further obligatory claim compensation will become due in the fivefold amount of the image price.
6.6 Unused electronical image data, of which the license has been acquired by the Image Customer through payment, is to be erased within three months from the date of invoice. In this case, the payment cannot be returned.
7 Licenses
7.1 ReproLit.com remains at all times owner of the license of the image material. Whenever a photographer or other third party license is transferred, ReproLit.com extends this license to the Image Customer for usage of the contents.
7.2 The transfer of an extended license does not include contents from third parties, which may become available through "links" to other World Wide Internet Sites.
8 Data protection
8.1 ReproLit.com is permitted to request, process and use the personal data and licensing data of the Image Customer, according to the legal regulations §5 and §6 of the Telecommunication Security Law (TDDSG), i.e. §14 and §15 State Media Service Agreement (MDStV). This is necessary for establishing a contractual relationship, as well as its contents and changes concerning the licensing rights of the ON-LINE ARCHIVE.
8.2 After registering with ReproLit.com, the Image Customer agrees to give ReproLit.com his complete address and all relevant information for invoicing and running of the on-line systems, according to §26 paragraph 1 of the Federal Data Protection Law. This information is to be stored in a machine-readable form and machine processed. The data is not to be transferred to third parties without the explicit permission of the User.
8.3 ReproLit.com is only permitted to process or use Image Customer data, once the Image Customer has given his permission by transferring this data in writing or electronically. The right to cancel this permission remains intact.
9 Liability
9.1 ReproLit.com does not accept liability, except for deliberate acts of negligence. Should a non-serious breach of an important contractual duty occur, the liability is solely limited to the predictable damage. The liability, according to the Product Liability Law, remains unchanged.
9.2 ReproLit.com does not accept liability for the accuracy and completeness of the data, which is made available in the ON-LINE ARCHIVE. In particular, no liability is taken for image descriptions or keywords.
9.3 ReproLit.com does not accept liability for damages occurring from direct or indirect use of the ON-LINE ARCHIVE. In particular, no liability is taken for software/hardware failure due to the on-line transfer of the image material. Furthermore, should computer viruses, cookies, Trojan horses, etc., be transferred by third parties through the ReproLit.com website, liability for causal damage is not accepted by ReproLit.com.
9.4 The Image Customer is liable to ReproLit.com for all damages occurring from infractions to the agreed contract between the Image Customer and ReproLit.com. This is also the case with the occurrence of infractions of Customer duties, as stated in the General Business Terms. The Image Customer frees ReproLit.com of any liability claims through third parties, occurring from infractions to the mutual contract between the Image Customer and ReproLit.com, as well as infractions to the General Business Terms.
9.5 ReproLit.com does not accept liability occurring from the use of its images. The Image Customer alone accepts the risk when using the images. ReproLit.com does not accept liability of claims for possible infractions to trade marks.
9.6 ReproLit.com does not accept liability for the execution of orders originating from their photographers.
10 Modification, Partial Ineffectiveness
10.1 Subsequent additions or modifications to finished agreements must be made in written form. A verbal cancellation is not permitted.
10.2 Should any terms of the General Terms of Business be ineffective or become so, the effectiveness of the remaining terms stays unchanged. The ineffective term is to be replaced by an effective one, which is closest to the expected aim.
11 Payment Terms, Jurisdiction
11.1 Invoices are net, payable within 14 days after receipt.
11.2 Jurisdiction and place of execution is for both parties the registered office of ReproLit.com, as long as it is acceptable. Deliveries overseas are also made according to German law, as long as being legally acceptable and as long as there is no contrary agreement.
If you require any further information please contact our Customer Service.
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Terms & Conditions