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General Terms and Conditions
What does royalty-free right of use mean?
With the purchase of the "KESSLERimages" you acquire the royalty-free right to use the images supplied for an unlimited period time and for an unlimited number of press runs. You can use the images for:
Advertising and publications: articles or advertisements in newspapers, magazines, brochures,
leaflets, posters, catalogues, etc.
Books: no limitation on the size of press runs
Multimedia products such as software, games, etc.
Web (Internet): the images may only be used for illustration purposes and may not be placed online in a downloadable or FTP format.
"Royalty-free right of use" does not mean you own the images on the CD-ROM by virtue of purchasing it. The photographers, models and publishers retain their statutory and contractual rights to the photos. By purchasing the CD-ROM you obtain a license to use the images on it. The license entitles you to use the pictures in your publications or the publications of your customers without having to make further payments or indicate the copyright.
Exceptions:
- The pictures may not be marketed or sold by the purchaser acting as a photo agency, nor may they be marketed or sold to picture archives, image databases or photo agencies.
- The pictures in general, and those showing individuals in particular, may not used such that these individuals are depicted in a manner that is libelous, scandalous, misleading, embarrassing, unlawful, embarrassing, or associated with pornography or obscenity.
- The legal situation is to be checked when using pictures containing registered trademarks, items and buildings for commercial purposes. In this case you yourself are responsible for negotiating the respective publication rights with the owners.
Please also note no. 2 "Right of Use" of our Delivery and Payment Terms (cf. below).
Delivery and Payment Terms:
By opening the CD package, the purchaser/user acknowledges the following terms and conditions.
This also applies to any and all subsequent deliveries and future business dealings with Kessler-Medien.
1 Subject Matter of the Terms: The images contained on the CD-ROMs and subsequent deliveries of same.
The images are protected by copyright.
2. Right of Use: By paying the purchase price you are granted the royalty-free right to use the images supplied for an unlimited period time and for an unlimited number of press runs.
The following restrictions apply in this connection: The pictures may not be marketed or sold by the purchaser acting in the capacity of a photo agency, nor may they be marketed or sold to picture archives, image databases or photo agencies for the purpose of commercial use. The user shall be held liable for any and all resulting damage or loss which can be proved by Kessler-Medien. Making copies of the CD-ROMs and the picture pages whether digital, printed, photographic or otherwise is prohibited. Rendering photographs with individuals which depict them in a manner that is libelous, scandalous, misleading, embarrassing, unlawful, or associated with pornography or obscenity is also prohibited. Individuals may also not be associated with political parties or sects or their interests. Any violation of these restrictions shall be subject to a stipulated fine of Euro 5.000 for each occurrence. Apart from adhering to the above restrictions, the purchaser/user shall comply with the German Unfair Trade Practices and Restraints of Competition Act, the German Trademark Act, and the German Utility Model Act. The purchaser/user shall be solely liable for any violation of these laws by virtue of using the images.
3. Retention of Title: All items supplied shall remain the sole property of Kessler-Medien until they have been paid in full. Court collection proceedings will be initiated in the event of delays in payment.
4. Exclusion of Liability: Kessler-Medien shall assume no liability for any damage or loss incurred by the use of the CD-ROM. In particular, in no event will Kessler-Medien be liable for any damages whatsoever including - but not restricted to - personal injury, property damage or financial loss including lost revenue
or profits or other direct, indirect, special, incidental, cover, or consequential damages arising out of the use of the CD-ROM, even if advised of the possibility of such damages. Kessler-Medien makes no warranty or representation, either expressed or implied, with respect to the items supplied, including their merchantability or
fitness for a particular purpose. Any liability shall be limited to the amount of the invoiced value of the items supplied.
5. Claims - Returns of Items Supplied: You must notify us in writing of any claims for damage in transit within 10 days of delivery. Postage and shipping costs for returning the items shall be borne by the purchaser. The purchaser, not Kessler-Medien, shall assume the risk associated with returning goods.
A replacement delivery will be effected immediately.
6. Miscellaneous: Any and all disputes arising on the basis of the contractual relationship of the parties hereto shall be exclusively subject to the national substantive law and procedural law of the Federal Republic of Germany. The courts of Saarbruecken, Germany, shall have exclusive jurisdiction with regard to any and all disputes arising in connection herewith.
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