Terms of use

IMPRESSUM | DISCLAIMER  |   TERMS OF USE

DE | ENG

1. IMPRESSUM

Responsible for the organization of this site:
Knut Koops photography

Legally prescribed in accordance with data &
Offerer:

www.knutkoops.de

Knut Koops photography
Prenzlauer Allee 26
10405 Berlin
Germany

 

mobile: +49 (0)174 – 312 80 80

or


2. Disclaimer

The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected.
All offers are not-binding and without obligation. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the author without separate announcement.

2.2 Referrals and links
The author is not responsible for any contents linked or referred to from his pages – unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site fromviewing those pages. If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages. Furthermore the author is not liable for any postings or messages published by users of discussion boards, guestbooks or mailinglists provided on his page.

2.3 Copyright
The author intended not to use any copyrighted material for the publication or, if not possible, to indicate the copyright of the respective object.
The copyright for any material created by the author is reserved. Any duplication or use of objects such as images, diagrams, sounds or texts in other electronic or printed publications is not permitted without the author’s agreement.

2.4 Privacy policy
If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted – if and so far technically possible and reasonable – without specification of any personal data or under specification of anonymized data or an alias. The use of published postal addresses, telephone or fax numbers and email addresses for marketing purposes is prohibited, offenders sending unwanted spam messages will be punished.

2.5 Legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.

 

3. TERMS OF USE

I. General
1. The following General Terms and Conditions of (hereinafter Terms and Conditions) apply to all of Knut Koops photography by orders, offers, deliveries and services.

2. They are regarded as agreed upon acceptance of delivery or service or offer by Knut Koops photography by the customer, at the latest with the acceptance of the photographic material for publication.

3. If the customer does not accept these Terms and Conditions, this must be declared within three working days. Any other terms and conditions of the customer are hereby rejected. Different terms and conditions of the Customer shall not be valid unless approved in writing by Knut Koops photography.

4. The terms and conditions apply in the context of an ongoing business relationship notwithstanding the absence of any express reference to all future orders, quotations, deliveries and services of Knut Koops photography.

II. Photographic material

1. The terms and conditions shall apply to all the customers photographic material, irrespective of its degree of completion or technical form. They apply especially to electronic or digitally transmitted photographic material.

2. Customer-commissioned design proposals or concepts are independent services which are to be paid.

3. The photographic material remains the property of Knut Koops photography, even in the case that compensation payments.

4. The customer shall treat the photographic material carefully and may pass it on to third parties only for internal business purposes, ie inspection, selection and technical editing.

5. Complaints relating to the content of the delivery or the content, quality or state of the photographic material shall be lodged within 48 hours of receipt. Otherwise, the image material shall be considered properly, according to the contract and as noted.

III. Rights

1. The customer shall fundamentally only receive simple utilization rights for one-time use. Permitted type of use is editorial use only.

2. Exclusive utilization rights, related or territorial exclusive rights or blocking periods must be agreed separately and as a surcharge on the basic fee.

3. The delivery only transfer the right to use the recurrent use of the photographic material for the purpose specified by the customer and in the publication and in the medium or media that / has -s / -n the customer or what / -s / -r is clear from the circumstances of the order. In case of doubt, the property (newspaper, magazine etc.) for which the photographic material has been supplied as evidenced by the delivery or shipping address.

4. Each beyond No. 3 of utilization, exploitation, dissemination, copying or disclosure is subject to payment and requires prior explicit consent of Knut Koops photography. This applies in particular to:
– Secondary exploitation or publication particularly in anthologies, product-related brochures, advertising or other reprints,
– Any editing, changing or redesigning of the photographic material,
– Digitalization, storage or duplication of the photographic material on data carriers of all kinds (representational and non-representational) other than for the technical editing of the photographic material. To III 3. AGB,
– Any duplication or use of the image data on disk,
– Any recording or reproduction of picture data on the Internet or in-line databases or other electronic archives (including it’s internal electronic archives customer)
– The transmission of digitalized photographic material by data transmission lines or on disks that are suitable for reproduction on screens or for the production of hardcopies.

5. Changing of the material through photo composing or through other electronic means to produce a new copyrighted item are only permitted with the prior written consent of Knut Koops photography and shall be designated with [M]. Also, the images may not be copied, photographed or otherwise be used as a motive.

6. The customer is not entitled to transfer his rights of use granted in whole or in part to third parties including other group companies or subsidiaries.

7. Any use, reproduction or transfer of the image material is permitted only under the condition that the Knut Koops photography copyright notice specified in unequivocal arrangement. In case of failure, incomplete, false or inconclusive plaziertem copyright notice, a surcharge of 100% of the agreed fee will be charged.
8. The committed general personality rights and the right to the image depicted persons not hurt. The customer is obliged to possibly obtaining of any necessary consents and liable to claims for damages arising from the use.
9. In the event of any unauthorized or without the consent of Knut Koops photography made utilization, use, reproduction or transfer of the photographic material is to be paid, subject to further claims for damages for each individual case, a contractual penalty of five times the applicable fees set.

IV. Liability
Knut Koops photography accepts no liability for the violation of the rights persons or objects depicted, unless it is accompanied by a duly signed release form. The acquisition of rights of use over the photographic copyright and for obtaining of permission to publish from collections, museums etc. responsibility of the customer. The Customer bears the responsibility for the text and the benefits arising from the specific publication contexts.
V. Fees
It is the agreed fee.
2. Cash discounts are granted at any time.

3. The fee applies only to the recurrent use of the photographic material for the agreed upon pursuant to III 3. or 2. herein. If the fee is to be determined for further use, this must be agreed in writing.

4. By applying to costs and expenses (such as material costs, model fees, costs for required props, travel expenses, per diems, etc.) are not included in the fee and shall be charged to the customer.

5. The fee provided IV. 1. herein shall be payable in full if the commissioned and supplied photographic material is not published. In the recordings used as a basis for layout and presentation purposes falls except as otherwise agreed to a minimum fee of EUR 200.00 per recording.

6. The fee shall be paid no later than 3 weeks after invoicing, as far as on the invoice shorter payment period is specified. After a reminder, the customer is in default. After the original deadline the fee with 10% pa to pay interest. An offset or exercise the lien is admissible only against undisputed or legally determined demands of the customer.

VI. Return of photographic material
1. The photographic material is returned automatically immediately as supplied, following the publication or the agreed use, but no later than 3 months after the date of delivery; and be accompanied ggbf. Two proofs. An extension of the 3-month period shall require the written approval of Knut Koops photography. Digital imagery is delivered after 3 months to clear all data carriers. Storage in the Third accessible archives or databases is permitted at any time.

2. Knut Koops photography About Does the customers request or with his consent photographic material solely for the purpose of determining whether a use or disclosure is concerned, the customer shall return the photographic material at the latest within 14 days of receipt, unless a different period in the delivery is noted. An extension of this period is only effective if it is confirmed in writing by Knut Koops photography.

3. The return of the photographic material shall be at the customer’s cost in standard packaging. The customer bears the risk of loss or damage during transportation until the Knut Koops photography.

VII. Penalty, blocking, damages
1. Every unauthorized (without the consent of Knut Koops photography took place) utilization, use, reproduction or transfer of the photographic material is to be paid, subject to further claims for damages for each case a penalty of five times the usage fee.

2. In the case of failure of, incomplete, incorrectly placed or non-allocable, copyright notice, a surcharge of 100% of the agreed fee will be charged.

3. In case of delayed return analog photographic material (blocking) to pay a penalty for the period after the expiry of the time limits in Ziff.VI.1.oder 2nd in the amount of
– EUR 10.00 per day and picture for b / w or color prints or duplicate slides
– EUR 50,00 per day and picture for slides, negative and other unique items.

4. Damaged, destroyed or lost photographic material is subject to compensation without Knut Koops photography has to prove the amount of damages in the amount of
– EUR> 125,00 per medium or large format slide duplicate
– EUR> 250.00 per original slide or negative or other unique
– EUR> 500.00 per non-reproducible slide or negative or other unique.
In case of damage, the rates must be reduced according to the degree of damage and the extent of the possibility for continued use. Basically two parties is entitled to prove that a higher or lower damage has occurred.

5. The payments in accordance with Clause VI. any rights of use.

VIII.
1. The law of the Federal Republic of Germany as agreed, even for deliveries abroad.

2. Any additions or modifications to these Terms and Conditions shall be effective only in writing.

3. Any nullity or invalidity of one or more provisions of these Terms shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with a valid one provision that most closely to the intended regulation economically and legal effect.

4. Performance and jurisdiction is, if the customer is a merchant, the residence of Knut Koops photography.