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End User Licence Agreement PantherMedia.net
The customer may use the images only in accordance with the licence acquired.
Purpose of use: The image may be used by the customer in any media (such as online use of any kind, print use, TV, cinema, theatre, videograms (CD, DVD, etc.), interactive and multimedia use, etc.), with the restriction that the image may not be the basis or the main component of the product distributed by the customer (for example: posters, postcards, canvas prints as well as picture volumes, photo CDs, electronic templates with photos distributed by panthermedia, etc.). The image may be used regardless of number of units and circulation. One exception applies only to goods (such as cups, toys, soft toy animals, sporting articles, household, bathroom and kitchen goods, clothing articles, posters, postcards, etc.) with respect to which an merchandising licence must be acquired for a number of units of 10 or more. Transfer in individual print or electronic format is allowed within the frame of a customer project. If the image is marked with "only for editorial purposes", the picture may be used only for editorial purposes (reporting, teaching material).
Non-exclusivity: Customers do not acquire the exclusive right of use for the image, which means that any number of third parties are also entitled to acquire rights to use the image.
Limitation as to time: The right of the customer to use the image is unlimited as to time and place. The right of use starts, subject to a condition subsequent, upon placing the order. However, the right becomes forfeit with retroactive effect if the amount of the invoice is not received within the period of time as stated on the invoice.
Alteration: The picture may be altered as long as it can be assumed that the alterations will not entail any disadvantages for the photographer or the model shown, as for instance interference with the author’s personal rights or damage to the reputation.
Resale: Only a limited transfer of the right to use the image is allowed and only at a price which may not be higher than the one shown in the invoice and only to one single third party if the transfer is effected in the implementation of a customer project, for instance advertising agency. The repeated use in different customer projects shall not be permitted. In such a case, another licence must be acquired.
Purpose of use: The image may be used by the customer for the commercial exploitation of the images for the manufacture and distribution of goods of all kinds (such as cups, toys, soft toy animals, sporting articles, household, bathroom and kitchen goods, clothing articles, posters, buttons, etc.) and/or for use in other media such as computer games. However, this shall apply only in case of a number of units of 10 or more (below that number, it will be sufficient to acquire a standard licence). It is prohibited to sublicense the rights granted by this contract to third parties or to sell, rent or otherwise transfer such rights.
The provisions for the "standard licence" concerning non-exclusivity, limitation as to time and alteration shall apply analogously.
2. Uses Not Permitted
Photos from the database may not be used for unlawful actions for pornographic, sexist or racist images or depictions offensive to minorities or religious feelings in a manner disparaging for the photographer or the person(s) depicted if it can be assumed that the photographer or the person depicted may not approve of the publication. In this event, a written consent of the person concerned must be obtained through panthermedia.net.
The copyright remains with the photographer. panthermedia.net itself is merely the platform on which licence contracts between photographers and customers are concluded. When using the images, it is desired but not obligatory to name the author. The copyright notice is: panthermedia.net/name of the photographer.
4. Exclusion of Liability
panthermedia.net itself does not appear as offeror of copyrights or rights of use and is in no way involved in the transfer of rights of use between photographer and customer. panthermedia.net merely provides the platform on which photographer and member may directly transfer rights of use and supports the photographer in the transaction of sales, in particular invoicing and collection.
Neither panthermedia.net nor its legal representatives or employees shall be liable for the legal relations arising from a contractual relationship between photographer and customer.
panthermedia.net provides an online database where photographers may enter their photos. panthermedia.net therefore assumes no responsibility for the content of the information and images entered in its database. Any liability for this is excluded in any case.
panthermedia.net assumes no liability for damage caused by the use of the website or the direct or indirect use of the photographic material. No liability is assumed for the operation and the faultless functioning of the panthermedia.net website.
The same applies if images on the online platform of panthermedia.net are lost or if any defects in quality occur. Clarification with respect to copyrights as well as obtaining approvals required for publication in case of collections, interior views of buildings, etc., shall be the responsibility of the photographer.
In particular, panthermedia.net can assume no liability which may arise from any use of the images by customers in violation of the contract.
Nor can panthermedia.net assume any liability for uploaded photographic material by which third-party rights are infringed. This applies particularly to stolen pictures, photos of persons photographed without being asked or of objects illegally photographed such as military bases, interior views of buildings, etc.
Should a customer find that his own rights or the rights of third parties are infringed, panthermedia.net shall be promptly notified in writing. panthermedia.net will promptly delete the photos concerned from the database.
panthermedia.net shall be liable, no matter for what legal reason, if the damage is caused wilfully or by gross negligence by panthermedia.net, its legal representatives or its vicarious agents or if the damage is a result of the violation of a principal contractual obligation.
5. Final Provisions
The Landgericht München I (Regional Court Munich I) shall be the exclusive place of jurisdiction for customers who are businessmen, legal entities under public law or special funds under public law.
Customers using the services of panthermedia.net accept that legal relations with panthermedia.net are subject exclusively to German law, excluding the provisions of conflict of laws and UN sales law. No additional agreements have been made orally.
Modifications of the present contract must be made in writing. The same shall apply to the revocation of the requirement of written form.