Terms and Conditions
of the picture agency Sportphoto Munich, in short agency.
Please read the following terms and conditions very carefully. When you order photos from the agency, you agree with these terms and conditions.
1 General conditions
1.1 The offers, deliveries, electronic transmissions and awarding of rights of use through the agency take place according to our terms and conditions
solely as subject to change and not exclusive.
1.2 All agreements that differ from our terms and conditions have to be declared in written form by customer and agency.
1.3 Contractual partner of the agency is the natural or legal person that has been specified by the customer during the registration.
1.4 The website www.sfmuc.de is the internet portal of the agency for selection and ordering of sports photos and rights of use.
All preview photos in this website are copyrighted material just like the original photos and may only be downloaded and used
according to the purchased right of use of the original photo.
1.5 With an order of photos a legal contract between orderer and agency with a payment obligation for the customer is created.
1.6 All photos of the agency are copyrighted material. We provide copies of our photos by electronic transmission or on CD only in
combination with the acquisition of rights of use. The photos themself remain property of the agency.
1.7 The copyright on our photos extends as well to duplicates, modifications and cuts of photos that a customer might produce. All rights of use
that a customer purchased with his order are also valid on those duplicates, modifications and cuts.
2 Rights of Use
2.1 With an order of a photo from sportphoto munich, our customer purchases a non transferable right to use the photo. He gets a copy
of the photo, while the photo itself still belongs to the agency.
2.2 While ordering photos on our website, the customer chooses between the rights of use royalty-free, exclusive and privat.
He obligates himself with this selection to use the photos only according to the chosen right of use, which is declared in detail subsequently.
If he uses photos in a way that does not conform to the right he purchased, he is liable against third parties in case of claim in tort.
Royalty free
The customer gets a photo from the agency for a singular payment and is allowed to use it worldwide, without time limit and multiple times
for editorial purposes in a certain media (e.g. a certain newpaper or magazin or a certain internet page). Usage for other than editorial purposes,
especially for advertising purposes, require explicit permission from the pictured persons. We will be pleased to transfer requests to use our
photos for advertising purposes to the affected club or athlete.
Exclusive
The customer gets a photo that has not been sold before from the agency for a singular payment of five times the price of a royalty free
photo. He is allowed to use this photo worldwide, without time limit and multiple times for editional purposes in a certain media (e.g. a certain
newpaper or magazin or a certain internet page). In addition we guarantee that we will not sell this photo to anybody else within a period of
3 months and that we also will not use it during this time in any way. Usage for other than editorial purposes, especially for advertising purposes,
requires explicit permission from the pictured persons. We will be pleased to transfer requests to use our photos for advertising purposes to the
affected club or athlete. Exclusive purchased photos, where single people can not be recognized, may be used for advertising purposes also.
In case of a usage for advertising purposes we recommend to purchase a permanent exclusive right of use.
3 General limits on the Rights of Use
3.1 The transfer of the purchased right of use to third parties is not allowed. This includes transfer by selling as well as by rental, gift or
any other way of dissemination.
3.2 It is allowed to modify or cut our photos as long as the basic message is not changed. But it is not allowed to change a photo with the
intention to produce a new copyrighted picture.
4 Limits on the Rights of Use for the protection of the pictured persons
4.1 The photos of our agency are produced mainly for sports media coverage and can only be used for editorial purposes. Publications outside
of this domain in books, brochures and especially for advertising purposes require explicit permission from the pictured persons and possibly
a separate contract between prospective client and pictured person. The agency will help to arrange this connection.
4.2 Publications of our photos, especially those with pictured persons, must not be linked with text that is controvert to the content of the picture.
In addition the photos must not be pulled together with text that displeases, offends, diffames, discriminates or defames the pictured persons.
4.3 Publications of our photos with pictured persons must not be pulled together with religious, political or other communities in order to imply
that the pictured person was associated with the community.
4.4 It is strictly forbidden to use our photos for racist, pornographic or other degrading or negativ purposes. As well it is not allowed to offend
minorities, religious groups or other interest groups.
4.5 The purchaser of our rights of use on photos is obliged to observe the press codex. We do not assume liability for the invasion of personal
privacy or for violation the right on one's own picture. In case of infringement of those rights only the user of our photos is liable to
indemnify against third parties.
6 Jurisdiction, exclusion of liability, severability clause
6.1 The possible nullity or invalidity of one or more regulations of this terms and conditions does not affect the rest of the terms. The parties commit
to replace an invalid term by another term with corresponding sense.
6.2 The right of the Federal Republic of Germany is effective at deliveries inside of Germany as well as at deliveries to foreign countries.
6.3 Place of fulfilment and place of jurisdiction is Munich.
Sportphoto Munich
Picture Agency
Last update: 14.05.2018
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