1. General Terms

1.1 All offers, deliveries, digital transmissions and the award of usufructuary rights are made in accordance with the terms and conditions below subject to confirmation only and non-exclusively. Diverging terms and conditions of the ordering party are only valid with written confirmation given by akg-images.

1.2 Our terms of sale and delivery can be rejected in an effective manner only in writing by transmittal of an email with a return confirmation to office@akg-images.de, if the pictorial material has been sent digitally (per e-mail or download or similar actions) or has been acquired via the internet or online. Then withdrawal from the business relation with akg-images is only possible by including the legally binding statement that the transmitted/downloaded data have remained uncopied, have not been sent on and have been deleted without any utilization and that no printouts have been made thereof. In the event of a usage of akg-images' internet range, the above shall be deemed equally accepted either by clicking the "I accept"-button of the general terms and conditions accessible there or generally by registration as a registered user with a personal password. In the event of physically sent pictorial material, the delivered pictorial material has to be returned immediately within three working days after receipt by the ordering party in order to reject out terms of delivery in an effective manner.

1.3 Complaints shall be made in writing within one week after receipt by the ordering party of the pictorial material / the digital transmittal / the download of the pictorial material; complaints regarding technical or other hidden defects shall be made within ten working days after the discovery thereof. If no complaint is made, then any liability on our part for costs which may already have arisen or may arise shall be excluded.

1.4 akg-images offers primarily wide-ranging services regarding comprehensive documentation, selection of pictorial material and provision of digitalized pictorial data for high-quality prints. Additionally, usufructuary rights which akg-images could acquire from a photographer or visual artist are conceded on request to the ordering party as part of the utilization as stated by the latter. The pictorial material provided, including that in a digitalized format, shall always remain the property of akg-images and/or the authors, also if the ordering party has received the material through a third party. It is provided only temporarily and for the acquisition of usufructuary rights within the meaning of the copyright (see Clause 3.) as well as under ancillary copyright.

1.5 Pictorial material in which the ordering party does not wish to acquire and/or has not acquired any usufructuary rights shall be returned within the period stated on the delivery note and/or shall be deleted from the digital storage. Pictorial material in which the ordering party has acquired usufructuary rights or in which he has shown his interest of usage shall be returned after the work preparation at the latest and/or shall be deleted; should for the above a period of 90 days be exceeded, then the expressive consent for the extension of the lending and/or storage period must be obtained from akg-images prior to expiry.

2. Fees

Each order and usage of our pictorial material – whether solely for internal (selection) purposes or for publications – is subject to fees, namely in the manner set out below:

2.1 Documentation Fee

For all deliveries and digital transmissions of pictures and the costs associated therewith of research and picture procurement, we charge a documentation fee which is determined by the type and scope of the expenditure caused, the amount of which can be viewed on the price lists of akg-images valid at the time. The ordering party acquires neither usufructuary nor proprietary rights with payment of this documentation fee.

2.2 Layout Fee

If high-resolution pictorial data without any visible watermarking are made available digitally, then a layout fee may equally be charged.

2.3 Picture Fee/Fee for the Granting of Rights in the Photographic Usufructuary Right

2.3.1 The granting of usufructuary rights in the photographic copyright will always be charged (picture fee). Additional costs for a potentially necessary obtainment of supplementary usufructuary rights of other authors are not included therein.

2.3.2 The picture fee shall also be due in the case of a utilization of a picture as a sample for drawings, caricatures and regenerated photos, in the case of a utilization for layout purposes and customer presentations as well as in the case of a utilization of pictorial details which become part of a new picture through montages, photo-composing, electronic picture carriers or similar techniques.

2.3.3 The picture fee shall be agreed upon in advance. It is dependent on the medium, type, scope and duration of the usage. Should no fee inquiry be made by the ordering party or no other fee agreement be made, then fees will automatically arise according to akg-images' applicable fee rates. If the ordering party fails to give specific details, then akg-images is entitled to charge a flat fee for a specific time-related, content-related and location-related usage or to reject the utilization.

2.3.4 The fees shall only apply for a single usage for the specified purpose, scope, period and area of application. Each additional usage is again subject to fees and always requires our prior written consent.

2.3.5 If an illustrated object (e.g. a book, CD cover, brochure etc.) or individual pictorial motifs obtained by akg-images taken from that object are pictured again in the same medium (print in print media, online at another site/URL online) or in a new medium (print for online and vice versa), then a fee shall again become due for the pictorial motif recognizable thereon, regardless of any usufructuary rights paid for the same picture in the original utilization context. This shall apply in particular to the usage for advertising purposes. The user shall inform the picture library about the new purpose of use and shall obtain prior written consent for the usage.

2.4 All fee quotations in offers, price lists and other literature are always in net terms excluding VAT and artists' social benefits contributions.

2.5 Advice notes and fee payments must always be made quoting the customer number, picture number and the author's name / title of the picture. The user has to inform akg-images which picture has been used in which publication and in which place. If such details are not given, then an additional expense reimbursement may be charged for the processing depending on the scope of additional expenditure.

3. Copyrights and Exploitation Rights

3.1 It is only a single and non-exclusive usufructuary right in the copyright of the photographer, who produced the pictorial material, which, as a matter of principle, is granted according to time-related, location-related and content-related criteria mentioned on the delivery note or the invoice in so far as such right exists. The award of rights only takes place as long as no other provisions have been made (e.g. in cases when only a repro-sample is provided) and under the suspensive condition of complete payment of the fee.

3.2 The ordering party must specify fully the type, scope, duration and area of application of the intended usage when ordering or downloading, in any event prior to the technical utilization of the pictures at the latest. The consent for usage given by akg-images is always exclusively related to the details made by the ordering party and effective only if it is given in writing. Should the actual usage not correspond with the details given by the ordering party, then the consent for usage is not deemed to have been given. Permission for use that is granted for "internet" or "online usage" shall expressly not apply for any electronic/digital media like CD-Rom, DVD, Blue-Ray or any other multimedia products.

3.3 Usage may take place only in the original version of the granted pictorial material. Any adaptations always require the prior written consent. Digital reworking/processing shall be excluded therefrom as long as the pictorial content is not changed. In the case of colour-controlled and quality-controlled pictorial files, any reworking, particularly in the case of authors protected by artistic copyright, takes place on one's own responsibility. An eventual consent by akg-images does not replace the consent of further holders of rights in works subject to copyright that may be necessary.

3.4 Passing on pictorial material or reproduction rights to third parties, including other editorial departments of a publishing house or associated companies, is only permitted based on prior written consent given by akg-images. Electronic storage or editing of pictorial data and digital printouts for archiving and other purposes of the ordering party as well as the passing-on thereof to third parties beyond the work preparation are equally not permitted. Slide duplications, reproductions, including B/W photos, and enlargements are also not permitted.

3.5 Electronic / digital editing for the contractually envisaged retrieval of the pictorial material is only permitted for the ordering party's own purposes. The pictorial material may only be stored for the duration of the granted usage and must be deleted thereafter. Any passing-on is not permitted.

3.6 We expressly reserve the granting of other rights (e.g. in copyright collectives) and do not recognize clauses pursuant to which the protection of further rights shall be excluded by receipt of a fee.

3.7 In the case of pictorial samples the pictorial content of which affects further copyrights (e.g. in the case of photographed works of the visual and performing arts or of film works which are still subject to the period of protection under the Copyright Act), the relevant usufructuary rights and other consents for publications (held e.g. by the author, copyright collections, collections, museums etc.) must be obtained by the ordering party and/or user themselves. akg-images will try to inform the ordering party when requested about eventual further right holders. There is, however, no obligation to do so. akg-images will assume no liability in the context of any information of that kind given, unless deliberate action or gross negligence on our behalf is involved.

4. Agency Note and Copyright Note/Voucher Copy

4.1 With reference to § 13 Copyright Act, we demand expressly an agency note and copyright note in a manner removing every doubt about attribution to the relevant picture. Collective picture credits only suffice to the extent that they would also allow attribution to the relevant picture beyond any doubt. This shall also apply to advertising, insertions in television programmes and films or other (also digital) media, unless some expressive special arrangement is made.

4.2 In the case of electronic / digital editing of the pictorial material, the agency note and copyright note are to be linked with the pictorial data in such a manner that the details are retained even after transmission and public reproduction.

4.3 In the case of publishing of pictorial material in digital media, insertion in film and video and broadcasting on television, detailed information about the place, access and duration of the reproduction or broadcasting have to be provided instead of a voucher copy.

5. akg-images' Liability

5.1 akg-images shall not be liable for damages which the ordering party/user suffers as a result of third holders of a right asserting claims, unless we expressly made a release declaration in writing or have caused the damages due to gross negligence or deliberate action.

5.2 The release declaration given by akg-images for the usage of the pictorial material (granting of right of use) only applies to the release with regards to such rights assumed by akg-images and shall not include the undertaking that the pictured persons or possible further right holders of images subject to copyright have given consent for the usage by the ordering party.

6. The Ordering Party's Liability

6.1 The ordering party/user is obliged to comply with the communication-media regulations of the German Press Council (Press Code). Furthermore, he shall bear responsibility for the captioning, for pictorial and verbal forgeries, distortions of the work protected by copyright, particularly through copy-drawing, re-photographing, photo-composing or electronic means, as well as for usage which may result in the degrading of pictured persons or in a breach of general personal rights. This applies especially to a pictorial and textual usage which is contrary to the arrangements or distorts the meaning.

6.2 The ordering party shall be liable towards akg-images for any unauthorised or infringing usage of the pictorial material, particularly due to unpermitted passing-on, exceeding of the purpose of use or scope of use agreed upon, missing agency note/copyright note or in the case of distortion.

6.3 In the event of a breach of third parties' protected rights (see Clause 3.7.; 6.1.), the ordering party shall release akg-images from any claims made by third parties.

6.4 The dispatch risk of the return mailing shall be borne by the ordering party, who is bound to indemnify in the event of loss or damage even if the return mailing to the picture library is effected through third parties authorized by the ordering party.

6.5 The ordering party shall be responsible for the deletion of the digital pictorial data following usage/work preparation and in the case of non-utilization.

7. Contractual Penalty/Flat-Rate Damages

7.1 In the event that our pictorial material, whether in an analogue or digital format, is used without authorization (especially also when exceeding the agreed scope of usage), distorted or passed on, that reproduction rights are passed on to third parties without authorization, that slide duplicates, inter-negatives, reproductions and enlargements are generated for archiving purposes of the ordering party without authorization (including in a digitalized format) and that the same are passed on to third parties, we will demand damages of an industry-customary sum (e.g. on the basis of picture fees recommended by the MFM (Mittelstandsgemeinschaft Foto-Marketing) or on the basis of our price list), notwithstanding the normal usage fee.

7.2 If no copyright note and/or agency note are forthcoming, then we shall be entitled to charge a supplement of 100% in addition to the usage fee plus a flat amount for administrative costs.

7.3 If the note on the usage is not forthcoming, akg-images will charge a fee for media control as well as a supplement of 200% for the unregistered picture usage in addition to the fees calculated according to our price list.

7.4 Damages shall be paid for damaged or unreturned pictorial samples. For pictorial samples which are rendered unusable due to damage and/or are lost, the damage shall be compensated for up to the total costs for the actual replacement up to a maximum amount of € 500,00. Archive prints and manual prints of authors' photographies are deemed not to be authorized. In the event of a passing-on to the arts market, we will charge damages as well as a payout of the proceeds in relation to the care of the works and the collector market.

7.5 The relevant costs are deemed to be agreed upon without akg-images having to furnish detailed evidence of the extent of the damage. The costs are calculated based on the loss resulting from discontinuation of usage and material damages. akg-images equally reserve the right to claim and charge further damages. It shall be up to the ordering party to furnish evidence of a potentially lower damage in each and every case.

8. Payment Terms, Venue, Miscellaneous

8.1 Our invoices are always payable net within 14 days.

8.2 The venue and place of performance shall be Berlin provided the ordering party constitutes a trader, a legal entity of the public law or a special fund of the public law.

8.3 German law shall apply, under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG), even in the case of international deliveries.

8.4 Should individual provisions of these terms and conditions be void, then the validity of the remaining provisions shall remain unaffected. Instead, their place should be taken by a provision which will be closest to the commercial purpose as intended initially by the parties.
Berlin, 18 June 2011.