General Delivery and Business Conditions

All pictures on this page are copyright protected by international copyright law.

I. General

1. The following general delivery and business conditions (hereinafter referred to as AGB) are valid for all orders, quotations, deliveries and services executed by Juergen & Christine Sohns.
2. They are regarded as agreed on following acceptance by the client of the delivery (download) or service or photographer's quotation, latest however following acceptance of the data for publications.
3. If the client wishes to oppose the AGB this must be declared in writing within three working days. Varying business conditions of the client are hereby opposed.
4. Even without express inclusion the AGB shall also be valid within the framework of an ongoing business relationship for all future orders, quotations, deliveries and services by Juergen & Christine Sohns.

II. Picture material made available

1. The AGB shall be valid for all picture material made available to the client, in particular for picture material made available by electronic or digital transmission.
2. The client acknowledges that the picture material delivered by Juergen & Christine Sohns is photographic work. This is also valid for picture material made available by electronic or digital transmission.
3. Orders placed by the client for design proposals or concepts are independent services and subject to remuneration.
4. The picture material made available, in the case of digital data this also refers to the CD-ROMs, shall remain the property of Juergen & Christine Sohns. This shall also apply to any cases of compensation being paid for this. The picture material is exclusively provided temporarily and for the acquisition of rights of use and employment as defined by the copyright law.
5. The client shall handle the picture material with care and may only pass this on to third parties for internal business purposes of examination, selection and technical processing.
6. Complaints referring to the contents of the delivered consignment or the quality of the supplied picture material or supplied data respectively shall be made within 48 hours following receipt. The picture material shall otherwise be regarded as having been received in due accordance, according to the contract and as listed.

III. Rights of use and employment

1. In principle the client shall only acquire a single right for one-off use.
2. Exclusive rights of use and employment, media-related or spatial exclusive rights or periods of non-negotiability must be agreed on separately.
3. The right of use and employment is only transferred for the one-off utilization of the picture material (of the data) for the purpose declared by the client when ordering and by means of the medium or data carrier specified by the client.
4. Any form of utilization, exploitation, duplication, circulation or publication beyond No. 3 is subject to a fee and requires the prior express written permission of Juergen & Christine Sohns. This applies in particular to:
- secondary exploitation or secondary publication, in particular in anthologies, brochures accompanying products, advertising measures or other kinds of reprints,
- digitalization, saving or duplication of picture material on data carriers of all kinds, in so far as this does not only serve the purpose of technical processing of the picture material according to No. III 3. AGB,
- all recording or reproduction of picture data on Internet or in online data banks or in other electronic archives (even if this refers to internal electronic archives belonging to the client),
- passing on of the digitalized picture material by means of remote data transmission or onto data carriers that are suitable for public playback on screens or for the production of hard copies.
5. Without the permission of Juergen & Christine Sohns the picture material may not be copied, photographed following adjustment or digitally composed or otherwise used as a motif.
6. Should picture material supplied by Juergen & Christine Sohns be altered digitally or by the use of other techniques by the client to such an extent that the impression of a new picture is created, the copyright shall remain with Juergen & Christine Sohns.
7. The client is not entitled to transfer the rights of use and employment entirely or partially granted to him to third parties. This shall also apply to affiliated companies and subsidiaries.
8. All utilization, reproduction or transmission of the picture material is only permitted on the condition that the copyright note prescribed by Juergen & Christine Sohns is applied.
9. Juergen & Christine Sohns expressly reserve the right to transfer secondary rights to exploitation companies and do not acknowledge clauses in accordance with which further rights are to be excluded following the acceptance of a fee.

IV. Fees

1. Fees are to be agreed before utilization. They shall comply with the medium, type and extent of use. If the party ordering does not provide specific details, Juergen & Christine Sohns are entitled to apply a flat-rate fee. It is to be understood that the fee is subject to the VAT rate currently valid.
2. The fee shall only apply to the one-off use of the picture material for the agreed purpose, extent and speech area. If the fee is intended for more far-reaching use, this must be agreed in writing.
3. The full fee shall be payable for the relevant purpose of application if the client uses picture details to make up the component of a new picture using photomontage, photocomposing or similar techniques.
4. Costs incurred due to special requirements (e.g. composing) are not included in the fee and are for the client's account.
5. The fee is payable at the latest four weeks after the invoice is issued in so far as shorter payment terms are not quoted on the invoice. Juergen & Christine Sohns are entitled to charge for the allocation of rights of use and employment as soon as the party ordering declares that he will use the supplied picture material even if the publication or other use has not yet taken place. A fee that has already been paid cannot be refunded in cases of intended publication or other use not taking place.

V. Return of the picture material

1. If supplied as a slide or on CD the picture material shall be returned without delay and unasked following publication or use agreed on, latest however 3 months after date of delivery. Picture files transferred by means of data transfer are to be deleted from all data carriers by this point in time at the latest. CD-ROMs that were supplied containing picture data are to be returned or destroyed at this point in time. At least two complete specimen copies of each publication in printed form are to be sent to us unasked and free of charge.

VI. Contractual penalty, obstruction, compensation

1. A contractual penalty amounting to five times the utilization fee shall be paid for every individual case of unauthorized (without the permission of Juergen & Christine Sohns) utilization, use, reproduction or transmission of the picture material with the proviso of more far-reaching compensation claims.
2. A contractual penalty amounting to 50% of the utilization fee is payable if the specimen copy is missing or following settlement of accounts without specimen copy or following settlement of accounts without stating where which picture was used in which publication.
3. No rights of use and employment whatsoever are justified by these payments according to no. VI.
4. The user or ordering party respectively bears the responsibility for writing the wording. Juergen & Christine Sohns accept no liability for an infringement of the general right of personality or the copyright due to use in a picture or text that is adverse to the agreement or misleading. If such rights are infringed the user alone is liable for damages payable to third parties. In so far as the personality rights of a portrayed person or other rights of third parties could be infringed upon publication, it shall be incumbent on the ordering party to obtain the permission of the holder of the rights.
5. Juergen & Christine Sohns have a claim to a surcharge amounting to 100% of the relevant utilization fee if the copyright note is omitted.
6. Juergen & Christine Sohns shall accept no liability for picture descriptions. The client shall check the descriptions of those pictures accepted before utilization.

VIII.

1. It is deemed to be agreed that the law of the Federal Republic of Germany shall apply.
2. Collateral agreements regarding these AGB require the written form to become effective.
3. Any nullity or invalidity respectively of one or more conditions of these AGB shall not affect the validity of the remaining conditions.
4. Place of jurisdiction and place of performance for both parties shall be Mannheim.

Supplement
for the Use of the Royalty Free

1. Subject Matter
This license agreement supplements the General Terms and Conditions of Business of the Juergen & Christine Sohns Picture Juergen & Christine Sohns and governs the special conditions for the overall transmission of use rights from Juergen & Christine Sohns to the user (the "Customer"). Any use of graphics data by the Customer will be deemed to be the acceptance of this Agreement.

This license agreement applies to all photos, graphics or other graphic representations (in the following, "Graphics Data") that the Customer receives from Juergen & Christine Sohns or the Customer downloads from the website Juergen & Christine Sohns, regardless of the data storage medium or the type of transmission. Upon the receipt of any Graphics Data, the Customer does not acquire any ownership in such Graphics Data, other than as set forth in Section 2. Juergen & Christine Sohns remains the sole owner of the Graphics Data.
2. Assigned Rights
The Customer acquires the non-exclusive and non-assignable right to copy the Graphics Data in an unlimited number and reproduce, transmit and display the Graphics Data for the following purposes:
Web and Presentation Graphics
1. Use in presentations or on websites, multimedia, CD-Roms, advertising CDs and video clips, including transmission within any such presentation in electronic or printed form. The dimension of graphics area is limited to 72 dpi.
2. Any other use (particularly the use in or on printed products of any type) is barred.
Printed Graphics
1. Use as web and presentation graphics, and additionally for
2. Advertising (for example, announcements, posters, brochures, flyers, business reports, presentations, company magazines, television commercials)
3. Media packages (for example, software packages, video covers, CD covers)
4. Commercial printed matter (for example, postcards, t-shirts, bags, calendars, posters)
5. All additional intended uses approved in writing by the Juergen & Christine Sohns.
The Customer has the right to reproduce the Graphics Data, or have the Graphics Data reproduced by subcontractors as long as any such subcontractor complies with the restrictions of this Agreement. The Customer is free to change, cut, or edit the Graphics Data, or create new works from the Graphics Data. The rights of the Customer to the Graphics Data apply on a world-wide basis and for an unlimited period.
The Customer may store the Graphics Data and, in order to achieve the purpose of the Agreement, make the Graphics Data accessible to its employees, partners and customers.

Juergen & Christine Sohns reserves the rights that are not expressly granted herein to the Customer. Any grant of expanded use rights or exclusive rights requires an additional written agreement.

3. Restrictions

The Customer has the right to sell or license works that are developed using the Graphics Data, as long as there is compliance with the permitted intended uses. However, the Customer is prohibited from assigning, selling, ceding or transferring any rights granted to it under this Agreement by sublicense. The Customer is prohibited from selling, licensing or distributing its works if its customers have the opportunity to extract the Graphics Data as separate data or access such Graphics Data.
Juergen & Christine Sohns grants no rights and assumes no liability with respect to the use of names, brands, registered packaging, registered, non-registered or protected designs or works of art or architecture, which appear in the licensed material. As is necessary, the Customer must ensure that it has the necessary rights or permissions concerning such items for any reproduction.

4. Non-transferred Rights

The following are expressly not transferred: use rights for journalistic publications such as daily and weekly papers, periodicals, television news, documentary transmissions and magazine transmissions. To the extent not explicitly granted in Section 2, any use in books, on book titles and on packaging is likewise barred
Logos, registered brands and registered trademarks or service marks.
The Customer is prohibited from making available any Graphics Data in a downloadable and/or storable format, on-line or off-line.
If Graphics Data in which a photographic model appears is used in such a manner that the impression develops for the typical viewer that the photographic model himself or herself uses (or recommends) a certain product or a certain service or the photographic model in connection with a topic is illustrated in a way that he or she appears, to the typical viewer, somewhat flattering, discriminating or controversial with a fee, the Customer must add (for any such use) the explanation that the person shown is a photographic model and the Graphics Data is only used for illustration purposes.
The Graphics Data may not be used in any pornographic, defamatory, offensive or otherwise illegal manner, either directly or implicitly or in combination with other materials.
That particularly applies to electronic value-added services, such as 0190 or 0900 numbers, etc.
In the any such case, the Customer is liable for the violation. The Customer shall indemnify Juergen & Christine Sohns and the photographer from any third party claim.
5. Termination and Revocation
If the Customer does not comply with any provision of this Agreement, the license contained in this Agreement terminates automatically and without any notification by Juergen & Christine Sohns.
After termination, the Customer is immediately obligated to:
discontinue the use of the Graphics Data, and destroy the Graphics Data and remove the Graphics Data from the (electronic or physical) memory systems of the Customer or to send analogous materials back to Juergen & Christine Sohns upon the request of the Juergen & Christine Sohns .

Juergen & Christine Sohns reserves the right to revoke the license for the use of the Graphics Data for good cause and replace the corresponding Graphics Data with other graphics data (as is necessary). Upon any notification regarding the revocation of the license for certain Graphics Data, the Customer must immediately discontinue the use of the Graphics Data concerned and guarantee that its customers will not long use such Graphics Data.