Alle Bilder auf dieser Site sind copyright-geschützt durch internationales Copyrightrecht.
1. The following general delivery and business conditions (hereinafter referred to as AGB) are valid for all orders, quotations, deliveries and services executed by Reinhard Dirscherl / ocean-photo.com.
2. They are regarded as agreed on following acceptance by the client of the delivery (download) or service or photographer's quotation, latest however following acceptance of the data for publications.
3. If the client wishes to oppose the AGB this must be declared in writing within three working days. Varying business conditions of the client are hereby opposed.
4. Even without express inclusion the AGB shall also be valid within the framework of an ongoing business relationship for all future orders, quotations, deliveries and services by Reinhard Dirscherl / ocean-photo.com.
II. Picture material made available
1. The AGB shall be valid for all picture material made available to the client, in particular for picture material made available by electronic or digital transmission.
2. The client acknowledges that the picture material delivered by Reinhard Dirscherl / ocean-photo.com is photographic work. This is also valid for picture material made available by electronic or digital transmission.
3. Orders placed by the client for design proposals or concepts are independent services and subject to remuneration.
4. The picture material made available, in the case of digital data this also refers to the CD-ROMs, shall remain the property of Reinhard Dirscherl / ocean-photo.com. This shall also apply to any cases of compensation being paid for this. The picture material is exclusively provided temporarily and for the acquisition of rights of use and employment as defined by the copyright law.
5. The client shall handle the picture material with care and may only pass this on to third parties for internal business purposes of examination, selection and technical processing.
6. Complaints referring to the contents of the delivered consignment or the quality of the supplied picture material or supplied data respectively shall be made within 48 hours following receipt. The picture material shall otherwise be regarded as having been received in due accordance, according to the contract and as listed.
III. Rights of use and employment
1. In principle the client shall only acquire a single right for one-off use.
2. Exclusive rights of use and employment, media-related or spatial exclusive rights or periods of non-negotiability must be agreed on separately.
3. The right of use and employment is only transferred for the one-off utilization of the picture material (of the data) for the purpose declared by the client when ordering and by means of the medium or data carrier specified by the client.
4. Any form of utilization, exploitation, duplication, circulation or publication beyond No. 3 is subject to a fee and requires the prior express written permission of Reinhard Dirscherl / ocean-photo.com. This applies in particular to:
- secondary exploitation or secondary publication, in particular in anthologies, brochures accompanying products, advertising measures or other kinds of reprints,
- digitilization, saving or duplication of picture material on data carriers of all kinds, in so far as this does not only serve the purpose of technical processing of the picture material according to No. III 3. AGB,
- all recording or reproduction of picture data on Internet or in online data banks or in other electronic archives (even if this refers to internal electronic archives belonging to the client),
- passing on of the digitalized picture material by means of remote data transmission or onto data carriers that are suitable for public playback on screens or for the production of hard copies.
5. Without the permission of Reinhard Dirscherl / ocean-photo.com the picture material may not be copied, photographed following adjustment or digitally composed or otherwise used as a motif.
6. Should picture material supplied by Reinhard Dirscherl / ocean-photo.com be altered digitally or by the use of other techniques by the client to such an extent that the impression of a new picture is created, the copyright shall remain with Reinhard Dirscherl / ocean-photo.com.
7. The client is not entitled to transfer the rights of use and employment entirely or partially granted to him to third parties. This shall also apply to affiliated companies and subsidiaries.
8. All utilization, reproduction or transmission of the picture material is only permitted on the condition that the copyright note prescribed by Reinhard Dirscherl / ocean-photo.com is applied.
9. Reinhard Dirscherl / ocean-photo.com expressly reserve the right to transfer secondary rights to exploitation companies and do not acknowledge clauses in accordance with which further rights are to be excluded following the acceptance of a fee.
1. Fees are to be agreed before utilization. They shall comply with the medium, type and extent of use. If the party ordering does not provide specific details, Reinhard Dirscherl / ocean-photo.com are entitled to apply a flat-rate fee. It is to be understood that the fee is subject to the VAT rate currently valid.
2. The fee shall only apply to the one-off use of the picture material for the agreed purpose, extent and speech area. If the fee is intended for more far-reaching use, this must be agreed in writing.
3. The full fee shall be payable for the relevant purpose of application if the client uses picture details to make up the component of a new picture using photomontage, photocomposing or similar techniques.
4. Costs incurred due to special requirements (e.g. composing) are not included in the fee and are for the client's account.
5. If the picture material is used for layout and presentation purposes a fee of € 15,00 for every transmission or download of the layout version shall be payable. This fee for layout purposes shall not apply if the picture material is used at a later time for the agreed purpose.
6. The fee is payable at the latest four weeks after the invoice is issued in so far as shorter payment terms are not quoted on the invoice. Reinhard Dirscherl / ocean-photo.com are entitled to charge for the allocation of rights of use and employment as soon as the party ordering declares that he will use the supplied picture material even if the publication or other use has not yet taken place. A fee that has already been paid cannot be refunded in cases of intended publication or other use not taking place.
V. Return of the picture material
1. If supplied as a slide or on CD the picture material shall be returned without delay and unasked following publication or use agreed on, latest however 3 months after date of delivery. Picture files transferred by means of data transfer are to be deleted from all data carriers by this point in time at the latest. CD-ROMs that were supplied containing picture data are to be returned or destroyed at this point in time. At least two complete specimen copies of each publication in printed form are to be sent to us unasked and free of charge.
VI. Contractual penalty, obstruction, compensation
1. A contractual penalty amounting to five times the utilization fee shall be paid for every individual case of unauthorized (without the permission of Reinhard Dirscherl / ocean-photo.com) utilization, use, reproduction or transmission of the picture material with the proviso of more far-reaching compensation claims.
2. A contractual penalty amounting to 50% of the utilization fee is payable if the specimen copy is missing or following settlement of accounts without specimen copy or following settlement of accounts without stating where which picture was used in which publication.
3. No rights of use and employment whatsoever are justified by these payments according to no. VI.
4. The user or ordering party respectively bears the responsibility for writing the wording. Reinhard Dirscherl / ocean-photo.com accept no liability for an infringement of the general right of personality or the copyright due to use in a picture or text that is adverse to the agreement or misleading. If such rights are infringed the user alone is liable for damages payable to third parties. In so far as the personality rights of a portrayed person or other rights of third parties could be infringed upon publication, it shall be incumbent on the ordering party to obtain the permission of the holder of the rights.
5. Reinhard Dirscherl / ocean-photo.com have a claim to a surcharge amounting to 100% of the relevant utilization fee if the copyright note is omitted.
6. Reinhard Dirscherl / ocean-photo.com shall accept no liability for picture descriptions. The client shall check the descriptions of those pictures accepted before utilization.
VII. Internet, Registration
1. Following registration and acceptance of our business conditions each professional client has the possibility of carrying out research in the Reinhard Dirscherl / ocean-photo.com digital picture data bank on Internet and downloading the picture material that is found. The client commits himself not to pass on the password to unauthorized parties. If he should do this, he shall be liable for damages incurred.
2. Reinhard Dirscherl / ocean-photo.com are entitled to block the client's password and deny him access to the download area if the AGB are infringed.
3. Foreign clients resident in an EU member state and involved in business activities are obliged to quote their VAT identification number when registering. If this is not supplied the legal VAT valid in the Federal Republic of Germany will be charged additionally and in principle on all picture fees.
1. It is deemed to be agreed that the law of the Federal Republic of Germany shall apply.
2. Collateral agreements regarding these AGB require the written form to become effective.
3. Any nullity or invalidity respectively of one or more conditions of these AGB shall not affect the validity of the remaining conditions.
4. Place of jurisdiction and place of performance for both parties shall be Munich / Germany.