Range of application
1.The following terms and conditions of business and delivery apply, unless individual agreements have been arranged. Whoever asserts a deviation of these terms is therefor under the obligation of furnishing proof. The term picture includes photographs, image data, slides, caricatures, information graphics, drawings and all other forms of images, irresprective of the image carrier (photographic or standard paper, celluloid, electronic data carrier etc.).
General
2.The delivery of pictures and digital data for viewing and selection takes place on account of the ordering party and does not convey any permission for publication, processing or any other use. The use of the pictures requires the explicit release of the picture agency Comet Photoshopping GmbH.
3.All pictures and digital data are provided exclusively on loan and shall only be used for the agreed purpose. After use they shall be sent back to us instantaneously in the original condition together with two copies of evidence. The digital data shall be deleted.
4.Delivered pictures are considered as accepted according to the agreement, unless the ordering party opposes within three working days.
5.After expiration of the lending period holding costs of CHF 1.- per picture and day will be charged for analogue pictures.
Utilisation / payment of fees
6.Every type of reproduction requires the consent of the picture agency Comet Photoshopping GmbH. This applies particularly for scanning, processing, archival storage, electronic saving and other types of storage. With exception of utilisation within the framework of the agreed porpose, all rights (copyright , other incorporeal rights, ownership) shall be retained by the picture agency Comet Photoshopping GmbH or their photographers respectively.
7.Every use of the pictures is subject to payment of a fee. This also applies in case of use of an image as a model for drawings, caricatures and photographs as well as for layout and presentation purposes. The drawing right corresponds to the full fee of a picture. The obligation of payment of a fee also applies if a new piece of work derives from the picture through graphic or electronic processing. This is valid for the reproduction of authorized and saved pictures on data bases or other numeric data carriers as well. When opening the protective cover of slides, at least the layout fee is due.
8.After prior agreement concerning the nature of use, circulation, spread and the hence resulting fees, the use of pictures requires an explicit release certificate of the picture agency Comet Photoshopping GmbH. The release shall be in written and is issued in form of the invoice by the picture agency Comet Photoshopping GmbH. Condition for the transcription is the complete payment of the agreed fee. In case of no fee agreement, the use is charged in accordance with the rates in the price recommendations for copyright and other applicable fees laid down by the Swiss Association of Photo Agencies and Archives (Schweizerische Arbeitsgemeinschaft der Bildagenturen und –archive SAB). If the ordering party omits to supply a precise description regarding the utilisation purpose, the agency is entitled to charge a flat fee. All fee quotations in offers, price lists and other documentation are quoted strictly net. The quoted rights by release certificate and therewith the fees only apply for the unique use of the agreed purpose, range, language area and period. Every further use or other extension of the originally granted rights by us is again subject to fees and requires our prior written consent.
9.The fees for utilisation comply with the type of use, the format of the image, the circulation, the spread and the period of time. Additional fees are charged for photo model images, aerial images,
underwater images and expedition images as well as for historical themes. The additional fees are accumulated.
10.In case a medium created by use of the released picture is portrayed in a new medium - especially for advertising purpose – the displayed picture thereon is subject to fees again, irrespective of already paid rights of use for the same picture in the originally agreed purpose. In this case the ordering party shall inform the picture agency Comet Photoshopping GmbH in advance.
11.Exclusive rights or blocking periods shall be arranged separately and cause a fee in addition tothe respective basic fee.
12.As soon as the ordering party evinces the intention to use the delivered picture in whole or in part, the picture agency Comet Photoshopping GmbH is entitled to charge the allocation of
utilisation rights, even if the publication or other use has not yet taken place.
13.If the intended publication or other use does not take place, an already paid fee can not be reimbursed.
14.When transmitting respectively saving high resolution pictures, at least a fee for layout purposes is due unless a declaration of use is presented within 2 months. Further demands remain expressively reserved.
15.For the research of images handling fees are charged, unless otherwise agreed upon.
16.Unless otherwise agreed upon, invoices are due for payment within 30 days of issue.
17.The passing on to third parties or the unauthorized reproduction of pictures or image data by the ordering party is prohibited – even for licence issue – without the consent of the picture agency Comet Photoshopping GmbH. If unauthorized reproduction or passing on to third parties takes place, a charge of CHF 1000.- is due in addition to the fee.
Personal rights / Liability
18.Although the picture agency Comet Photoshopping GmbH treats every order with the greatest possible care, we reject any liability for deficiencies, damages or losses caused by omitted image delivery, defects of the pictures or the image date – particularly film footage or applicability of electronic image data -, incorrect description or possibly enclosed programmes. Once the picture agency Comet Photoshopping GmbH cannot be blamed for neither intention nor gross negligence, any liability is therefore ruled out.
19.When portraying persons, the ordering party is obliged to solicit the consent of the portrayed person prior to utilisation of the image. Portrays of persons of the public life or famous sportsmen, artists etc. shall not be used in a manner that establishes a connection to a certain product or contains textual alienation or a change of tendency. The ordering party is responsible for obtaining the necessary consents. Comet Photoshopping GmbH shall not be liable in any case for the violation of personal rights of the portrayed persons. If the violated person claims for damages due to a non-obtained consent, the ordering party shall release the agency of these claims for damages. For pictures with the note “model released” on them the photographer himself obtained the consent for use.
20.The picture agency Comet Photoshopping GmbH rejects any liability regarding the violation of incorporeal or material rights of third parties caused by publication of a picture.
21.Restrictions of use which are communicated to the ordering party by the picture agency Comet Photoshopping GmbH shall to be complied with. The ordering party is liable for any violation of these restrictions.
22.The distorting or discriminating use of pictures is prohibited and makes the user liable for damages. The processing of images shall be permitted only within the framework of normal editing activities.
23.After accepting the pictures delivered, the ordering party is liable for loss, damage or delayed return of analogue pictures. The ordering party carries the risk for the return concerning damage and loss, irrespective of any default of third parties (including postal office, express mail service etc.).
24.At least CHF 1000.- per picture are charged for loss or damage of originals, unless the picture agency Comet Photoshopping GmbH provides evidence for greater damage.
25.The ordering party is solidly liable for the demands of the picture agency Comet Photoshopping GmbH for orders and invoices to a third party.
Proof of origin
26.Every publication shall be provided with a copyright notice and a proof of agency.
Place of execution / Applicable right / Place of jurisdiction
27.Place of execution for both contracting parties is the domicile of Comet Photoshopping GmbH. Swiss law applies. The contractual language is German. The ordinary courts at the domicile of Comet Photoshopping GmbH are respronsible in case of disputes.
28.Also to deliveries made abroad, exclusively Swiss law shall apply.Conditions for the utilisation of the APIS-data base of the picture agency Comet Photoshopping GmbH and transmission of
digital data
For the utilisation of our APIS-data base the following special conditions apply.
29.The picture agency Comet Photoshopping GmbH enables the customer to access the APIS-online data base in terms of a clearing. An obligation for permanent clearing on the part of the picture agency Comet Photoshopping GmbH does not exist. The customer needs to procure himself the potentially needed software therefor (APIS-Client).
30.The access to the data base is only possible with a valid user number and a password. These have to be treated confidentially by the picture agency Comet Photoshopping GmbH and the customer. Should the access data be misused by default of the customer, he is liable for the caused damage.
31.The customer may use the APIS-online data base (and the therein saved image data stocks) in order to research for photos and transmit them as low or high resolution data.
32.The customer has no right of constant accessibility to the APIS-server. The picture agency Comet Photoshopping GmbH may at any time temporarily or permanently shut the server down, as well as modify, delete or amend the therein saved contents.
33.The research and the transmission of low resolution pictures is free of charge for the customer. For the transmission of high resolution data download fees are charged. The customer bears the costs for the electronic transmission of the image data.
34.High resolution data (transmission via e-mail) are subject to costs, irrespective of their use.
35.For digital image deliveries and image transmissions handling fees and delivery respectively transmission costs are charged which are calculated in accordance with the kind and volume of the arisen operating expense. For the providing of external material and information we also charge a commission or information costs respectively which result according to the kind and volume of the arisen operating expense. The commission or the information costs respectively are charged additionally to possible fees of utilisation. The ordering party does not obtain neither property rights nor rights of use by paying these costs.
36.Digital data shall be deleted 4 weeks after use at the latest. The authorisation for an extension of this period shall be arranged in any individual case. If no declaration of use is presented within 2 months, at least a fee for layout use is due. Further demands remain expressively reserved.
37.For the use of the transmitted pictures special fees of use are calculated in accordance with the actual price recommendations at the moment of the utilisation of the Swiss Association of Photo Agencies and Archives (Schweizerische Arbeitsgemeinschaft der Bildagenturen und –archive SAB). Already existing fee agreements keep their validity. For non-used high resolution data layout fees are charged.
38.An authorisation for use shall be obtained separately in every individual case. Overall agreements concerning single publications are basically possible and shall be in writing.
39.The saving of transmitted data by the customer that exceeds the period of the actual use is only permitted with the written consent of the picture agency Comet Photoshopping GmbH.
40.Specially by order of a customer produced scans are charged separately.
Severabilty
41.Should one or more of the above contract conditions be woid, the validity of the remaining conditions remains unaffected.
Comet Photoshopping GmbH
Dorfstrasse 6b
Postfach 22
CH – 8484 Weisslingen
Fon +41 44 350 27 90
Fax +41 44 350 27 91
www.photoshopping.ch
office@photoshopping.ch