Database usage agreement
this contract governs the relationship between
vario images, Inh. Susanne Baumgarten e.K. (short: vario images)
the registered user of the vario database
For commercial issues vario images offers digital image data sets to professional users for use in books, print and digital media, film and television rights.
After returning the signed database usage agreement and the signed general terms and conditions, the user can download image data sets from the image database of vario images.
vario images is the owner of the image rights. The user pays a fee to vario images for each use. The amount of the fee depends on the way of use by the user.
Taking into account these principles, the parties conclude the following contract:
There are no fees for downloading image files from the vario online database.
Quality of data transmission / limitation of liability
Claims for damages due to defects of an image data set are excluded; unless vario images is grossly negligent or intentional.
The user is not entitled to permanent access to the vario images online database. At any time vario images remains free to switch off the database temporarily or permanently, as well as to change, delete or supplement the contents stored there.
Password and liability
The user is liable for the charges of any data transfer that takes place under his username and password. Likewise the user is liable for the protection of the rights of vario images (and the author). The user has the right to register a new password with vario images at any time. The user is obliged to handle his password carefully. He has to indicate unauthorized use immediately.
More picture information
The user is obliged to take note of the image information (caption, IPTC header) associated with the image and to follow it.
This information can already be retrieved before the data transfer in the search result. This may result in restrictions or modifications of use or fees. With the initiation of the data transmission the user declares his consent.
Legal status of the user versus vario images
By transferring an image data set, the user acquires neither ownership nor any other rights to the digital image data record. The user is only authorized to make use of the image data set within the framework of the fee agreement that the user concludes with vario images. All rights to the record remain with vario images. Any transfer or duplication of the data set is prohibited. At the latest three months after the data transmission the image data set must be deleted. Any form of storage or archiving of the records is prohibited. Special regulations require the written consent of vario images. The transmission of an image data set is not exclusive to the respective user.
Fees for using the records
User fees are based on the current fee table of the Mittelstandvereinigung Fotomarketing e.V. (MFM). Special regulations must be in writing by vario images.
Legal position between user and vario images
Before transferring an image data record, the user selects the probable use of the image in the fee-based tool. He then receives the fee corresponding to this use. The user has to confirm the displayed fee. Only then is the image transmission technically possible. With this confirmation and the subsequent data transfer, a fee agreement has been concluded between the user and vario images, which authorizes the user to use the image according to the stated prospective use, and obliges the user to pay the displayed fee to the author. Special regulations can be agreed in writing with vario images. Already existing special arrangements are taken into account when using the database.
By transferring the image data set, the user acquires no other right to the image represented by the data set. All rights remain with vario images. Any unauthorized use by the user triggers claims for damages at vario images.
Notification of actual use
At the latest one week after the data transfer, the user must indicate the manner in which the image has actually been used to vario images with the following details: type of medium (book, publication, film, TV, online, advertising, etc.), placement (title , Inner part) and size, time of publication, scope of use (circulation, duration of recording), publication area.
If the actual usage of the image by the user deviates from the use specified in the data transfer, the user owes the fee for the actual use according to our fee list, alternatively the current rates of the MFM fee table. If the user has timely communicated the actual use of his duty to report, the actual use of vario images is considered approved.
Violation of the duty to report
If the user fails to report the actual use in due time, the intended use will be deemed to have taken place. The user owes the fee for the originally intended use no later than one week after the data transfer. The user has unsolicited to send a voucher copy to vario images after use.
However, if the actual use exceeds the intended use without the user having made a complaint to vario images, vario images reserves the right to claim the fee for the actual use of the user. The actual use exceeds the intended use, if it achieves a higher fee according to the fee list. The assertion of further damages and blocking of the customer account by vario images towards the user remains reserved.
Cancellation and minimum fee
Should the user not want to make use of the transmitted image data set contrary to his intended use, the user can display it within one week after the data transfer vario images. This cancellation is free. Cancellations made later than one week after the download entitle vario images to charge the user a cancellation fee of EUR 20, -.
Voucher copy and copyright notice
From each publication in print are according to § 25 VerlagsG at least two complete voucher copies unsolicited and free to send.
Furthermore, the user agrees to § 13 UrhG expressly an agency and copyright notice (vario images / copyright) to install, in a way that there can be no doubt about the assignment to the respective image. Collective image proofs are only sufficient in this sense if they can also be used to make a clear assignment to the respective image. The user has to indemnify the picture agency from claims of third parties resulting from the omission of the copyright notices. If the copyright notice is omitted or incorrect, vario images will charge a surcharge of 100%.
General terms and conditions
By signing this contract, the user declares that he has read, understood and accepted the general terms and conditions of vario images, Inh. Susanne Baumgarten e.K. The user undertakes in particular to observe the journalistic principles of the German Press Council (Press Code).
This contract can be terminated by written notice with a notice period of two weeks for both parties. Already displayed uses remain unaffected by the termination. The right to extraordinary termination is unconditional, in particular in the event that the user does not comply with his obligation to disclose or fails to perform or does not provide any other services resulting from this contract.
Nullity of a contract point
Should a contractual item of this database usage contract be void, the validity of the other contract items shall not be affected.
Conclusion of this contract
This agreement is concluded by the user sending a fully completed and signed contract form by fax or post to vario images. vario images explains its acceptance by confirming and enabling the ability to download image data sets.