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General terms and conditions for licensing and delivery of images
As of: 30.11.2018

Please read these terms and conditions for licensing and delivery of images carefully before using this website and before ordering image licenses. If you do not agree with the terms and conditions, you can not purchase image licenses on www.filderfotograf.com.

1. General
1.1 The website www.fotofinder.com and its services are a product of Hermann Foto + Design. Hermann Foto + Design ("HFD") operates a portal for the online distribution of royalty-free image licenses for digitized image material.
1.2 The terms and conditions apply to every use of the internet offer of HFD; In particular, they are deemed agreed upon with the customer's registration. The terms and conditions apply in the context of an ongoing business relationship as well as for all future offers, services, orders, contracts and deliveries, even if not explicitly referred to again. They also apply if the access or use of the offer is made from outside Germany.
1.3 All offers, deliveries and the granting of rights of use are exclusively non-binding and not exclusive to the following terms and conditions.
1.4 Deviating regulations must be agreed in writing; Conflicting terms and conditions of the contracting party are only valid with the express and written approval of HFD.
2 Subject of the contract
2.1 filderfotograf.com offers on-line transfer of rights of use to royalty-free images within the meaning of these GTC; a transfer of ownership of the images does not take place.
2.2 Royalty-free images are copyrighted images that are offered by the author (photographer) for further licensing according to point 4 of these terms and conditions.
3 online picture service
3.1 filderfotograf.com gives customers free access to the online database www.filderfotograf.com. Customers can use the database to search for photos in the image database stored there and to transfer them as thumbnails or as licensed fine data.
3.2 The customer has to register at filderfotograf.com before his first contract. He will receive a username and password that are to be treated confidentially. Disclosure to third parties is not permitted. Should the access data be misused due to the fault of the customer, the latter is liable for the damage incurred.
3.3 The contract is concluded exclusively via the Internet. For this to be completed, the customer confirms during the ordering process again that he knows the terms and conditions and accepted. Only then can the order and payment process be completed successfully and the customer is granted access to the respective images for download. The pictures are available in the customer's personal account for a maximum of six months from the date of purchase.
3.4 Customers are not entitled to continuous availability of the filderfotograf.com database. Filderfotograf.com remains free to switch off the server temporarily or permanently, as well as to change, delete or supplement the contents stored there.
3.5 Any automated access to the images of filderfotograf.com by means of external scripts, download managers and similar functions / tools outside the specified ordering process is prohibited and will be prosecuted. For each infringement or the attempt of the offense the customer has to pay a contractual penalty in the amount of 5.000, - EUR.
4 licenses
The image material is protected by copyright. Property and copyrights are not transferred, even with the performance of damages and / or other costs and fees. By paying the license fee, the customer acquires the non-exclusive, worldwide, non-transferable and non-sublicensable right to use the selected images for their own information, illustration or advertising purposes. If an image is marked with the addition "for editorial use only", the use of the image is only permitted for editorial purposes (reporting, teaching material). filderfotograf.com offers two types of licenses: the standard license and the extended license.
4.1 Standard License
The Standard License includes the unlimited, non-exclusive and non-assignable worldwide right to use the Image Material for the Permitted Use (s) listed below. Other than the permitted uses are not permitted. All other rights to or in connection with the Content, including but not limited to all copyrights and other intellectual property rights in the Content, remain with HFD.
Permitted uses
4.1.1 Online or electronic publishing

publications such as Internet, Intranet, CD-ROMs, newsletters, online and multimedia presentations, online advertising, web banners, PDF documents, illustration of mobile applications. 4.1.2 The use on social media platforms, like Facebook, Google Plus, where the platforms with the upload of the pictures on your servers secure the unrestricted rights of use to the pictures, is possible as follows: embedding the picture in a layout and Upload a photo of the final product, mark the image with a clearly visible watermark or a clear copyright notice. Uploading the original files to the platform servers is not allowed. 4.1.3 Promotional and promotional projects, including printed material such as brochures, advertisements, posters, displays, catalogs, calendars, as well as product packaging, film and video presentations and, moreover, for the production and distribution of products such as greetings and postcards, Calendars, mugs, posters for private use or for free promotional purposes. 4.1.4 Printed matter such as magazines, newspapers, press articles, books, textbooks, book covers and CD / DVD covers as well as for TV, film and video. 4.1.5 Other uses that filderfotograf.com has approved in writing. The standard license does not authorize the use of photographic material for the production and reproduction of all types of goods intended for resale (merchandise, T-shirts, etc., see section 4.2) or for use in connection with press releases. For this an extended license has to be purchased. 4.2 Extended License With the acquisition of an Extended License, in addition to the uses of the Standard License under 4.1, the Customer will receive the non-exclusive, worldwide, non-transferable and non-sublicensable right to use the selected images for the permitted uses listed below , For each of the listed individual types of use, an own extended license must be purchased. Permitted Uses4.2.1 Electronic items for resale, media templates (online, offline) intended for resale, such as website design templates, flash, presentations, PowerPoint, eCards, digital signage or templates for the design of Brochures. 4.2.2 Products for the resale, production and duplication of goods intended for resale, such as posters, postcards, greeting cards, calendars, stationery, stickers, mugs, toys, clothing, sporting goods, merchandise. 4.2.3 Multiple use within a group of companiesThe rights of use may be transferred to a maximum of five affiliated subsidiaries and sister companies (pursuant to § 15 AktG) within a group of companies. The image material may only be used by all companies in the Group in accordance with the provisions of the standard license in accordance with 4.1. 4.2.4 Press release Use in connection with a press release, i. the free provision of the image material for editorial offices as part of a report on the company or its products. The provision can be made via mail to journalists or via online download via the website. The images are to be marked with a note that the publication is only permitted in connection with the press release. 4.2.5 Other uses that Shotshop has approved in writing. If an image is marked with the words "for editorial use only", the acquisition of this Extended License for use in 4.21, 4.2.2 and 4.2.4 is not permitted. 4.3 Time LimitationThe customer's right to use the image is unlimited in time. 4.4 Non-exclusivityThe customer does not acquire the exclusive right to use this image, i. Any number of third parties also have the right to acquire image usage rights. 4.5 ForwardingThe right of use of the image may only be resold or passed on to a single third party only to a limited extent, provided the retransmission takes place within the framework of the fulfillment of a customer project, in e.g. an advertising agency. Repeated use in projects of different customers is not permitted. In this case, another license must be purchased per customer. This also applies to modified images or copies. 4.6 Image processingThe customer is entitled to reproduce, modify and edit the image material for his own purposes and to make a backup copy of the image material for storage and archiving purposes. 5 Use of Layout Images5.1 The preview images do not contain any further right of use. Excluded from this is the use in drafts with regard to the purchase of a picture. You can use layout images for design purposes, trial layouts, and presentations for free. The free layout images may notused in end products - either for internal or external purposes. 5.2 Layout images may not be used on any other website, a server with free Internet access, a company's intranet, on a CD, a DVD or similar storage medium. For each infringement, i.H.v. 5.000, - EUR each, regardless of further possible claims for damages. 6 Photo credits6.1 When using the image material for websites as well as in editorial or journalistic context, a copyright notice such as "© Name of the author / filderfotograf.com" is obligatory. It can be installed close to the room and in the usual way or in the imprint. 6.2 At the request of filderfotograf.com, the customer has to prove the legitimate use of purchased images (eg specimen copies, screenshots). Any unauthorized use or disclosure of images is liable for damages. 7 Usage Restrictions7.1 The customer is prohibited from sublicensing, selling, renting or otherwise sublicensing any of the rights granted in this agreement to third parties. 7.2 Uses that can lead to the demeaning of the depicted persons, as well as uses in pornographic, defamatory, slanderous, racist, criminal, infringing or offensive contexts are inadmissible and make the customer liable for damages. Their use must not violate the rights of third parties, i. natural or legal persons. 7.3 The online provision of the image material in a downloadable format or the distribution of the image material is not permitted. 7.4 The image material or parts thereof may not be used in a logo or as a trademark or service mark. 8 License fee8.1 The license prices and fees published on www.filderfotograf.com apply. The prices are always net prices. In Germany, the applicable VAT is added. 8.2 The right of use begins with the transmission of the fine data of the photographic material. It is subject to the suspensive condition of payment of the license fee. 8.3 The license fee is due for payment immediately after the completed order process. 8.4 If the intended publication or other use of the picture material by the customer does not take place, there is no take-back obligation on the part of Shotshop. 8.5 The fee is payable immediately after the completion of the order and can be paid by paypal. Payments by invoice are only possible after a corresponding express release by HFD. 8.6 In the case of a return debit filderfotograf.com will charge the customer for the costs incurred in the amount of EUR 10.00, provided that the customer is responsible for the reasons for the return debit. 8.7 In the case of a purchase, the customer data is transferred using a secure SSL encryption technique customary for banking institutions. The transaction runs directly through an online payment provider. Your credit card will be charged to your order with the subject "Shotshop". We recommend to print a copy of the transaction data. 9 DiscountsCustomers with other, contractual license fees are not eligible for discounts resulting from the filderfotograf.com loyalty program or offered through filderfotograf.com discount campaigns or the sending of digital coupon codes. 10 Limitation of Liability and Damages10.1 The customer is obliged to indemnify and hold harmless filderfotograf.com from all claims for damages and liability of third parties resulting from the use of the image material deviating from the above agreements. 10.2 filderfotograf.com assumes no liability for any necessary or obtainable authorizations when using the photographic material provided by us. This applies in particular to images of persons, works of art or architecture as well as other illustrations that touch on names, companies, trademarks, registered designs or other industrial property rights of third parties. The customer is solely responsible for obtaining the necessary approvals for the respective use of the photographic material. 10.3 filderfotograf.com assumes no responsibility for the availability of the online system and its own and third-party content. Furthermore, filderfotograf.com is not liable for technical faults whose causes are not the responsibility of filderfotograf.com or for damages caused by force majeure. 10.4 filderfotograf.com is only liable for damages that are based on intentional or grossly negligent breach of duty. This also applies to the fault of a vicarious agent or legal representative. 11 Property Rights11.1 The on the internetThe entire image database available from www.filderfotograf.com is protected by copyright. The content of the site as well as all images and text that are displayed and / or offered for sale are either the property of filderfotograf.com. 11.2 No part of it may be copied, stored, distributed, transmitted, transferred or otherwise used without express permission. Violations of the provisions result in a liability for damages against filderfotograf.com for the resulting losses, damages and costs. 12 Complaints Complaints relating to the content of the electronic transmission can only be accepted if they are asserted in writing immediately after the download, unless it is a hidden defect that is not recognizable after reviewing the image material after the download was. Then the legal right of return for consumers with a return period of four weeks applies, for entrepreneurs within the meaning of the HGB a right of return within seven days. 13 Duration and Termination13.1 The Customer is granted the license for use indefinitely, but not exclusively. 13.2 filderfotograf.com is entitled at any time to terminate the license to use the images for good cause. An important reason exists in particular if the customer violates the license conditions defined in § 4 or despite reminder with extension of his obligation to pay the license fee does not comply. In this case, the customer is obliged to stop using the image material immediately and to completely delete the digital image material provided to him. In the event of an infringement, the photographer and Shotshop reserve all legal measures. 14 Privacy Policy For all information related to the handling of users' data, filderfotograf.com refers to sedine's separate privacy policy. 15 SecurityCustomer and payment data are kept confidential to the highest degree. When making a purchase, the customer data is transmitted using a secure SSL encryption technology customary for banking institutions. A possible transaction runs directly through an online payment provider. 16 Applicable law, place of fulfillment and jurisdiction Place of performance and jurisdiction is Filderstadt. For all legal relationships of filderfotograf.com with customers and photographers, in particular for the purchase and the granting of rights of use from or to foreign countries, German law is agreed. 17 Severance clause The nullity or ineffectiveness of individual provisions of the GTC does not affect the validity of the remaining provisions. The ineffective provision shall be replaced by an effective provision which comes as close as possible to the economic intentions of the contracting parties.