1. General information
The picture agency ARTOTHEK provides registered customers with high quality image files for an agreed use. All offerings, deliveries, digital transmission and granting of rights of use are non-exclusive and subject to change and governed by the following terms of business. Any deviation from these terms of business by the customer may be applied only if confirmed by the picture agency ARTOTHEK in writing. We hereby expressly object to the customer’s terms of business referenced in order forms, delivery confirmations, etc., or in the customer’s own files, computers, on the internet, or corresponding media. Upon delivery and use of image data transmitted electronically, a contractual relationship is formed based only on these general terms and conditions, otherwise the transmitted image data may not be used.
Image files can be downloaded by customers from the website of ARTOTHEK or may be sent to the customer via E-mail by an ARTOTHEK Customer Service manager. In addition to providing image files, the services of the picture agency ARTOTHEK include advising on matters related to the image and image use, obtaining images, technical preparation, and detailed documentation and tagging. ARTOTHEK charges a fee per user agreement for services rendered.
3. Image delivery, user agreement, scope and limitations of user rights
Services and/or image files are provided to the customer and governed by the terms and conditions stated herein. The image file provided may not be modified or otherwise edited without the prior written approval of the picture agency ARTOTHEK. The image file must be deleted following use. The customer may only use the image file for the agreed purposes. Transmission to third parties is not permitted unless required for image selection or to achieve the intended use. Before using the image files provided, the customer is obligated to provide information on the type and extent of use. The picture agency ARTOTHEK generally only permits customers one-time use of the image file unless otherwise agreed. If the image file is copyright protected, the customer will further receive a non-exclusive right of use under the user agreement. The customer is obligated to clarify any further applicable rights (e.g. personal rights as well as design and trademark rights). In the event that the images are used without fully investigating rights, ARTOTHEK assumes no liability and the customer releases ARTOTHEK of all third-party claims within this context. The customer is particularly responsible for obtaining any artist rights, i.e. “copyright”, which, for fine arts, are generally protected during the artist’s lifetime plus 70 years after the death of the artist. It is the customer’s responsibility to conform to the publishing principles of the German Press Council (press standards).
4. List of sources, agency notation, specimen copy, contract penalty
With each use, the customer is required to list the source: Photographer / institution name (if applicable) / ARTOTHEK For publications in printed material, the customer must provide the picture agency ARTOTHEK with at least a specimen copy of the respective publication, unprompted and free of charge. For publications in digital media, the customer must provide detailed information on the place, access and duration of publication. For digital use, the metadata of the image file (IPTC data) must not be removed. Failure to report use, unauthorized use or transmitting the image file to third parties will result to the customer being required to pay a contract penalty in the amount of 200% of the standard fee. If the source note is omitted, a surcharge of 100% of the agreed user fee shall apply.
5. Fee and costs
Any use of image file of the picture agency ARTOTHEK is subject to a fee. The fee must be agreed in advance based on the medium, type, extent and duration of use. If the agreed use is not implemented, a processing fee may be billed for the image data provided, amounting to a maximum amount of EUR 10.00 per image.
6. Use of the image database
After registering, customers of the picture agency ARTOTHEK have access to the image database. Customers will receive the access information by e-mail. The picture agency ARTOTHEK determines whether the customer will be approved. There is no obligation to approve customers. Each customer undertakes to keep their access data in a safe location and not disclose it to third parties. Continuous availability of the image database cannot be guaranteed.
7. Limitation of liability
The picture agency ARTOTHEK excludes any warranty regarding the quality of the image file, as well as image and text information being complete and correct. Complaints related to the image file provided must be submitted in writing within one week (7 business days) of receiving the image file, otherwise it is considered correct and as contracted. If a complaint is not submitted, the picture agency ARTOTHEK shall not be liable for any previous or future expenses. In the case of justified complaints, the picture agency ARTOTHEK agrees to substitute delivery, if possible.
7. Terms of payment, jurisdiction, miscellaneous
Invoices of the picture agency ARTOTHEK are due without deduction within 14 days. The exclusive place of jurisdiction and fulfilment, where permitted by law, is Munich. German law applies under exclusion of the UN-CISG, including foreign shipments. In the event a provision in these terms of delivery and business is void, this does not affect the validity of the remaining provisions