General Terms and Conditions for the Supply of Photographic Material and the Granting of Rights of Use by action press international GmbH for Customers




1. Area of application

Offers, deliveries, services and the granting of rights of use to image material by action press International GmbH ("action press") are made exclusively on the basis of these terms and conditions (GTC). Any deviating terms and conditions of the customer shall not apply and are hereby expressly rejected.



2. Services

action press provides the customer with image material in digital form and, in return for a usage fee, grants the customer in each case a simple right to use the selected image material once to the contractually agreed extent.



3. Use of the action press image database

a) The action press image database is accessible via the Internet and via media marketing platforms.


b) Prior written agreement is required for the activation of access to the action press image database. action press will provide the customer with the access data.


c) The customer is obliged to keep his access data secret and not to pass it on to unauthorised third parties. The customer is fundamentally liable for all activities that are carried out using his access data. If the customer is not responsible for a misuse of their access data, they are not liable. The customer must inform action press immediately if there is any suspicion that an unauthorised third party has gained knowledge of the access data.



4. Use of the image material

a) action press is in possession of the rights of the copyright holders, ancillary copyright holders and other rights holders required for the use of the image material in accordance with the contract. Excluded from this are the personal rights of those depicted, the rights exercised by the relevant collecting societies as well as copyrights to depicted objects, such as works of art, paintings as well as rights to protected marks, such as trademarks.


b) The customer must inform action press in advance which image material he wishes to use in which medium, for what purpose, over what period of time and to what extent. If this information is wholly or partially incorrect or if the actual use wholly or partially does not correspond to the customer's information, a grant of rights of use with regard to the deviating use has not been made. The customer is obligated to compensate for any resulting damage and to this extent indemnifies action press from claims of third parties.


c) action press grants the customer a simple and non-exclusive right of use to the photographic copyright to the selected image material for one-time, non-transferable use within the agreed scope. Any use, including for advertising purposes, as a working template or for layout and presentation purposes, requires the prior consent of action press. Further use, such as advertising material relating to the medium, repetitions or other extensions (including PDF, app, additional Internet use, etc.) again require the consent of action press.


d) Exclusive rights and blocking periods must be agreed separately with action press. Picture material with the notes "special conditions" and/or " minimum fee" may only be used after prior written release by action press. If the photographic material is used without written approval, the customer shall indemnify action press against all claims by third parties.


e) The duplication and archiving of the image material as well as its transformation and/or processing beyond the normal extent of image processing, as well as its transfer or forwarding to third parties, and the transfer, granting of rights of use to third parties as well as the granting of reprint rights is not permitted without the express written consent of action press. "Third parties" in this sense also include other editorial departments of the same company as well as subsidiaries.


f) Any granting of rights is subject to the condition precedent of payment of the agreed remuneration.



5. Storage and deletion of the photographic material

a) The photographic material may be stored for the period of the current production or the agreed period of use. After expiry of this period, the photographic material as well as all copies shall be deleted from all storage media of the customer and all analogue copies shall be destroyed. Archiving is not permitted.


b) The obligation to delete and/or destroy shall not include the duplicates and/or copies documenting the permitted publication.



6. Usage fee

a) Any use of the photographic material shall be subject to a fee, e.g. also as a template for drawings, graphics, for layout purposes, for customer presentations and the use of image details which become part of a new work. b) The fee must be agreed with action press prior to actual use. If no separate fee agreement is made, the current image fee rates of the MFM (Mittelstandsgemeinschaft Foto-Marketing) shall be deemed agreed.


c) Subject to separate agreement, the agreed fee is to be paid in each case for a single use within the framework of the agreed purpose for the agreed scope and language area. Any further and/or repeated use shall be subject to a new fee.


d) The fee is payable for the granting of rights of use. action press is entitled to charge the fee to the customer even if the intended use is only partial or does not take place at all. Any fee already paid for an omitted use cannot be refunded.



7. Terms of payment and right of retention

a) All usage fees in offers, price lists or other documents are net without value added tax. Invoices from action press are due for payment immediately without deduction.


b) Fee payments must always be made stating the customer number, the action press picture number, the type of publication and the size of the illustration.



8. Agency and copyright notice, specimen copies

a) The customer is obliged to place an agency and copyright notice. The placement of the agency and copyright notice must indicate the assignment to the respective picture. In the case of pictures with the note "Special conditions: No Credit", no agency and copyright notice may be placed.


b) The customer must send action press a specimen copy of each publication of the image material without delay, without being requested to do so and free of charge, preferably in digital form. The customer shall provide action press with the information required for invoicing in structured, digital form.



9 Liability

a) The use of action press image material does not release the customer from his duty of journalistic care. Distortions and falsifications in images, graphics and/or text as well as uses that lead to a violation of honour or the general personal rights of persons depicted or to the violation of protected trademarks or other rights of third parties are not permitted. The customer indemnifies action press from all claims of third parties in this respect.


b) action press is liable for intent and gross negligence, for slight negligence, however, only in the case of breach of essential contractual obligations. In the case of non-intentional breach of contract, action press' liability is limited to the foreseeable, typically occurring damage. In all other cases liability is excluded.


10. Contractual penalty

If the agency and copyright notice is omitted, action press is entitled to a surcharge of 100% on the respective usage fee. The customer must indemnify action press against all claims by third parties in this respect.