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The following is a translation of the text "Allgemeine Geschäftsbedingungen mit gesetzlichen Informationen (AGB)" published under http://www.mosaikophotography.com/terms. This English translation as well as the English version of the website are provided only as a reference. In case of discrepancies between the two texts or websites the German version applies.
General Terms and Conditions
§ 1 Scope, subject-matter
1. The following terms and conditions (GTC) apply to all contracts between Miriam Tamayo, Address: Auguststrasse 35, 10119 Berlin, E-Mail: firstname.lastname@example.org, phone +49 (0) 15771963465, below named ("Seller") and the customer (below named "Customer") for the use of photographic material. Solely the GTC of the seller in the time of the order on its german version are valid. Deviating or supplementary general terms and conditions from the customer side are expressly rejected. This english version is provided only as a reference.
2. Customers within the meaning of these terms may only be Business and freelancers, associations or public bodies.
3. The seller offers the customer in the online photo database images as JPG file to download and gives it a simple use rights. The content and scope of the various licenses arising from the online shop of the seller and will be displayed during the ordering process.
§ 2 Contract
The presentation of the photographic material in the online shop of the seller does not constitute a binding offer. The customer can choose the images and the license suggested in the cart. Then the data can be entered as well as the payment method selected. The customer can correct his entries at any time by using the purpose of the order procedure provided for proofing tools. Its binding contractual offer begins when the customer click on the "pay order" from. The offer of the customer relates only to the images listed in the cart.
The customer receives from the seller immediately by e-mail an acknowledgment of receipt of the order. With this e-mail the seller accepts the offer at the same time, so the contract is concluded.
§ 3 Prices and Payment, Delivery
1. The prices offered are exclusive of applicable at delivery VAT.
2 The seller offers the following payment options: PayPal. The payment is due immediately upon conclusion of the contract.
3. After receipt of payment, the customer receives an email with a link to download the selected images as an electronic file in JPG from the online shop of the seller. This occurs automatically after receipt of payment.
§ 4 Retention of title
Until full payment of all rights of images use remain property of the seller.
§ 5 Rights / Licenses
1. Each utilization of our picture material is royalty free basis. After receipt of payment, the customer receives the image material in the form of an electronic file and is entitled to use them only in the context of the subsequent contractual agreement (license). Any additional usage rights are not explicitly granted. The ownership and the copyright to the underlying recording remains with the seller.
2. Unless expressly agreed, the customer receives a simple right of use (non-exclusive) spatially and temporally unrestricted, non-transferable on the respective image file (Royalty Free License or Editorial License). For details about the "Royality Free Low Resolution License (Web)", the "Royality Free High Resolution License (Web and Print)", the "Royality Free Extended License" the "Royality Free Editorial Low Resolution License (Web)" and the "Royality Free Editorial High Resolution License (Web and Print)", please refer to our website http://www.mosaikophotography.com/en/licensing. Under each license is specified in which form the customer may use and publish the images (print, Online etc.). During the preparation of the final use the employees and contractors (eg graphic designers, web designers, print) may only use the imagery for the end use of the customer, to the extent in which it is necessary for the specific end use, reduce or edit. Any further processing requires a separate written agreement.
The customer can the artwork for himself or on behalf of a (!) third, only when such purchase makes part o of project for a client. Once the customer purchases the photo for a third party, the customer is not entitled to own commercial use of the photos.
3. It is not allowed to sell the images to a third party, to give, to grant it sub-licenses or otherwise to leave it to use.
4. The photographic material may not be used for the following purposes: As a trademark, logo or as part of it, in connection with or for pornographic or other legally prohibited purposes, relating to opinions expressed in the field of politics, religion, health, for advertising in tobacco, alcohol and drugs and in connection with the glorification of violence, racism, religious intolerance or contrary to the laws for the protection of young people and the violation of general personal rights.
§ 6 Copyright and source
Except in the case of the purchase of the Extended License the following copyright and source should be posted near each picture of the image material on screen or print material: © mosaikophotography.com. The copyright and source must be carried out as it is customary in the industry and appropriate. It must be ensured that it is possible to assign the respective copyright and source a particular image. The parties agree that the copyright and source represents an essential contractual obligation. The only case when the copyright notice doesn't need to be posted is with the purchase of an "Extended License"
§ 7 issue of copies and use for reference
1. On request of the seller, the customer hands over a copy of all end-uses that have been created with the contractual imagery, so the seller can verify compliance with the license terms.
2. The seller is also entitled to use a copy of the end-customer image for free for the purpose of its own marketing, for example, to be used by presentation on the website.
§ 8 Warranty and Liability
The seller is liable for any defects
1. accordance with the applicable legal regulations in each case in relation to entrepreneurs. The warranty period is 1 year.
2. Moreover, the Seller shall be liable under the statutory provisions. A liability for lost profit is excluded.
§ 9 customer information for contracts in electronic commerce
1. We are not subject to special codes of conduct.
2. The essential characteristics of the goods offered by us as well as the information for payment and delivery are included in the ordering process in our online shop.
3. As part of the ordering process the customer will be informed before the order on ways to identify and correct any entry mistakes.
4. The contract is concluded exclusively in German.
5. The customer can send complaints and warranty claims at the address stated in the imprint.
6. We do not store copies of each contract. However, the customer can print out or save the relevant website during the ordering process by using the print function of their browser. The order information is sent to the customer after ordering by e-mail.
7. These General Terms and Conditions can be seen, saved and printed at any time under http://www.mosaikophotography.com/terms
§ 10 Applicable Law and Jurisdiction
1. The law of the Federal Republic of Germany, excluding the CISG.
2. For merchants or public corporations shall have exclusive jurisdiction shall be Berlin.