Terms & Conditions
General Terms and Conditions
Version: July 1st, 2014
Please carefully read through these General Terms and Conditions regarding the licensing and delivery of images before using this website or ordering image licenses. You must agree with the General Terms and Conditions in order to purchase image licenses.
1.1 The website www.weitewinkel.de operates a plattform for online sales of royalty-free image licenses for digital images. The General Terms and Conditions are valid for all use of the weitewinkel site; in particular, customers are considered to be in agreement with the General Terms and Conditions upon registering. The General Terms and Conditions are valid within the scope of an ongoing business relationship as well as for all future product offers, services, orders, contract completions and deliveries, even if not explicitly mentioned. They are also valid when access to or use of services occurs outside of Germany.
1.2 All offerings, shipments, and granting of license rights are without engagement only and do not exclusively apply to the following General Business Terms and Conditions.
1.3 Any conditions deviating from these terms must be agreed on in writing; opposing terms and conditions from contractual partners shall only apply with explicit written approval from weitewinkel.
2 Subject matter of the contract
2.1 Within the meaning of these General Terms and Conditions, weitewinkel is offering royalty-free licences for images; however, the property rights of the images are not sold.
2.2 Royalty-free images are copyrighted images offered by weitewinkel according to Point 4 of these General Terms and Conditions.
2.3 Conclusion of the contract takes place strictly via the Internet. In order for the contract to be concluded, the customer confirms while placing the order that he understand and accepts these General Terms and Conditions. Only then shall the order and payment procedures be successfully concluded and the customer granted access to download the respective images.
2.4 Any kind of automated access to weitewinkel images or the database using external scripts, download managers or other comparable functions/tools outside of the prescribed ordering process is prohibited and subject to criminal prosecution. The customer is subject to a penalty for every infringement or attempted infringement.
Image offered on www.weitewinkel.de are subject to copyright protection. Ownership rights and copyrights are non-transferable even with compensation for damages and/or other charges and fees. With payment of the licensing fee, the customer acquires the non-exclusive, worldwide, non-transferable and non-sub-licensable right to use the selected images for his own information, illustration or advertising purposes. All other rights to the images, including all copyrights, shall remain with weitewinkel and the photographer respectively. If an image is labeled "only for editorial use", the image is only approved for editorial purposes (presse articles, reporting, teaching materials). weitewinkel offers three different types of image licenses: Multimedia usage, Commercial usage, print and Editorial use, print.
4 Areas of use
The licenses allow the non-exclusive, worldwide, non-transferable and non-sub-licensable right to use of the images for the Permitted Uses (as defined below). All other rights in and to the images including, without limitation, all copyright and other intellectual property rights relating to the images, are retained by weitewinkel.
4.1 Multimedia license
4.1.1 Online or electronic publications, such as internet, intranet, CDs, newsletter, online- and multimedia presentations, online advertising, banner, pdf-documents, illustration of mobile applications.
4.1.2 The use of images on social media platforms, such as Facebook or Google Plus which reserves unlimited rights of use for these images by uploading these images is possible as follows: The image is integrated into a composition or layout and an image of the final product is uploaded or a clearly visible watermark or copyright notice is graphically affixed. Uploading original image data on these platforms is not permitted.
4.2 Commercial usage / print
4.2.1 Advertising and promotional projects, including printed materials, like brochures, advertisements, posters, displays, for product packaging, film and video presentations.
4.2.2 Commercial publications, such as newspapers, magazines, books, textbooks, cd and book covers, school books and for tv, fim and video.
4.2.3 Any other uses approved in writing by weitewinkel.
4.2.4 The licenses do not allow the use of images for the manufacture and duplication of goods of any kind that are intended for resale (merchandising products, t-shirts, etc.).
4.3 Editorial use / print
4.3.1. Press release and articles for publication. Use of the images in connection with a press release for publication. The images always have to be labeled with a notice that the images may only be published by journalists or editorial offices in connection with the press release.
4.3.2. Any other uses approved in writing by weitewinkel.
4.3.3. If an image is labeled "only for editorial use", purchase is not possible for usages according 4.1. and 4.2.
4.4 Duration of usage rights
The right of the customer to use the image is for an unlimited period of time.
The customer does not purchase exclusive usage rights, i.e. an unlimited number of users have the right to purchase usage rights for an image.
The usage rights for an image may only be resold or transferred to a single third party to a limited extent provided the transfer occurs within the scope of fulfillment of a customer project, for example, in an advertising agency. Repeated use in projects conducted by different customers is not permitted. In this case, for each customer must be purchased an additional license. This is also valid for modified images or copies.
4.7 Image editing
The customer is allowed to reproduce, modify and edit the images for his own purposes as long as it can be assumed that the changes will not entail any disadvantages for the author, the model shown or for other third parties, as for example interference with the authors´ personal rights, damage to reputation, infringement of proprietary rights. The images may not be distorted by editing them.
5 Use of layout images
5.1 Preview images do not include any further usage rights. You may not use layout images for design purposes, sample layouts and presentations. Layout images may not be used in end products - neither for internal nor external purposes.
5.2 Layout images may not be used on any other website, on a server with free Internet connection, on an Intranet of a company, on a CD, on a DVD or on any other comparable storage medium. A penalty is to be paid for every infringement, regardless of any other possible damage claims.
6 Image credits
6.1 License materials used on websites and in an editorial or journalistic context must include in the imprint or in close spatial proximity and in the manner typical of such use a copyright notice, such as "© Name of the originator/weitewinkel".
6.2 At the request of weitewinkel, the customer must prove the proper use of purchased images (for example, voucher copies, screen shots). Any unauthorized use or transfer of images is liable for damages.
7 Usage restrictions
7.1 The customer is prohibited from assigning, selling, ceding or transferring any rights granted to it under this agreement by sublicense.
7.2 Uses that could lead to the disparage of the persons illustrated as well as use in pornographic, defamatory, slanderous, racist, criminal, unlawful or other offensive contexts are prohibited and make the customer liable for damages. The use of images many not infringe upon third party rights, i.e. natural or legal persons.
7.3 The online provision of the images in a downloadable format or distribution of the images is not permitted.
7.4 The images or portions of the image may not be used in a logo or as trademarks or service marks.
8 Licence fee
8.1 The license prices and administration fees published on www.weitewinkel.de are valid. Prices are always understood as net prices. In Germany any applicable value-added tax will be added.
8.2 Usage rights begin with the transfer of the high-resolution data of the image material. This is subject to the condition precedent of payment of the license fee.
8.3 The license fee is due for payment immediately upon conclusion of the ordering process and is payable per advance payment or PayPal. Payments per invoice are only possible with appropriate clearance from weitewinkel.
8.4 If the intended publication or other use of the image material does not occur by way of the customer, weitewinkel is not obligated to take back said image material.
8.5 When a purchase is made customer information is transferred using secure SSL encryption typical of banking institutes. The transaction occurs directly via an online payment provider. We recommend you print a copy of your transaction information.
Non-profit organizations that use our images for social, environmental or animal protection-related reasons receive a 50% discount.
10 Damages and limitations of liability
10.1 The customer is obliged to release and indemnify weitewinkel from all damages and liability claims by third parties arising from use of the image material that does not comply with the above-mentioned provisions.
10.2 weitewinkel shall not be liable for any approvals required for the use of images provisioned by photographers. This is particularly valid for images of persons, artistic works or architecture as well as any other images, which refer to the names, companies, brands, registered design patents or other trade mark rights of third parties. The customer bears the sole responsibility for obtaining the required permits for the relevant use of the image material.
10.3 weitewinkel assumes no liability for the availability of the online system and the content it contains. Furthermore, weitewinkel is neither liable for any technical problems outside its sphere of responsibility nor damages caused by force majeure.
10.4 weitewinkel shall only be liable for damages based on intentional or gross negligence. This includes faults caused by vicarious agents or legal representatives.
11.1 The image database available at www.weitewinkel.de is subject to copyright protection as a whole. The content of the site on display and/or for sale including all images and text is either the property of weitewinkel or its photographers.
11.2 The website as a whole or its individual components may not be copied, stored, distributed, transmitted, transferred or utilized in any other manner without express permission. Violations against the conditions will result in the obligation to pay damages to weitewinkel or its photographers for any resulting losses, damages and costs.
Complaints regarding the content of electronic transmissions may only be recognized if they are made in writing immediately after download unless it concerns a latent defect that was unrecognizable upon review of the image after download. Then the legal right of return for consumers is valid with a return period of four weeks; the return period for contractors in the sense of the commercial code is seven days.
13 Duration and cancellation
13.1 The customer is granted the royalty free licence indefinitely but not exclusively.
13.2 weitewinkel is entitled at any time to cancel the license to use the images on substantial grounds. An important reason exists in particular if the customer violates the license conditions defined in Section 4 or fails to fulfill his obligation to pay the license fee despite a warning and granting of a respite. In this case, the customer is obliged to immediately discontinue use of the image material and completely delete the digital image material supplied to him. In the case of infringement, the photographer and weitewinkel reserve all legal measures.
According to Section 26, par. 1 of the Federal Data Protection Act (Bundesdatenschutzgesetz) customers are hereby informed that their complete address and all necessary information for issuing the invoice and operating the online system must be saved and processed electronically. Information is not passed on or sold to third parties. It may be used solely for weitewinkel marketing purposes.
15 Applicable law, place of fulfillment and place of jurisdiction
Place of fulfillment and place of jurisdiction is Seligenstadt. It is agreed that German law is applicable for all legal relationships between weitewinkel and customers or photographers, especially in regard to the granting of usage rights abroad or from abroad.
17 Severability Clause
The invalidity or ineffectiveness of individual terms of the General Terms and Conditions does not affect the effectiveness of the other terms. The ineffective condition is to be replaced with an effective condition that most closely serves the economic interests of the contract parties.
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