Terms and Conditions

1.    DAS FOTOARCHIV. offers its' digital photos on a non-exclusive basis in accordance with our general terms of business. Any variation to these conditions must be confirmed by us  in writing.

2.    Rejection of our terms and conditions regarding Downloads (transmitted photos for usage) must be made within 48 hours.

3.    Complaints regarding technical quality of our digital photos must be made within 24 hours after downloading. If there is a technical problem DAS FOTOARCHIV. will transmit the photos again at no extra charge to the client. If a complaint is not registered within 24 hours, our liability for expenses incurred or future expenses are terminated.

4.    The client must state the intended usage of the digital images before downloading or ordering. According to the client's declaration of usage the agency will grant permission for such usage. If the client's usage does not correspond with his declaration of usage, the permission for usage is void, and the agency is not liable for any claims by third parties.

5.    The electronically transmitted image data remains the property of DAS FOTOARCHIV. and it's photographers. The image data is offered on a temporary basis. The client agrees to delete all image data from his data base 90 days after downloading. If the client needs to store the image data longer than 90 days written permission must be given by the agency. The stored images may only be used for the usage, the client has stipulated when ordering. If material is used for any other purpose without permission the client is liable for damage compensation. After the stipulated period of storage and after usage all data including images printed on paper, transparancy or negative film or any other method must be destroyed or returned to the agency.

Fees

All usages of our images are subject to fees.

1.    Usage fees must be agreed upon, prior to the utilization of the images. If the client does not inquire about the fee, we will charge according to our price list. If the client does not inform us of the usage we are authorized to charge a flat fee. All fees are for onetime usage only. All prices are quoted without VAT. Further usage must be renegotiated and requires written permission from DAS FOTOARCHIV. If we are not informed 14 days after downloads are transferred on how the images are to be used, DAS FOTOARCHIV. will go on the assumption that the images were used and will invoice accordingly.

Disclaimer, Liability and Copyright

1.    Only the image usage copyright is transferred to the client. If an image has other copyrights (for example: works of art, architecture etc.) it is the responsibility of the client to obtain it. Repetition of the initial usage rights are subject to our prior permission.

2.    Distortion of our copyright protected images is not permitted. Exceptions are subject to separate agreements. If the intention of using our image (picture or words) is to belittle or disparage people who appear in a photograph the user carries the full responsibility and is liable for any compensation claims.

3.    Passing on of digital or analogous images to a third party is not permitted.

4.    The user is obliged to observe the journalistic principles of good taste, and in as far as the user is German to follow principles of the Deutschen Presserates (Pressecodex). The user or client is responsible for his captions, the agency is not liable for violations of personality rights due to distorted texts that accompany the images.

5.    We use our best efforts to ensure accuracy on all text content on our site, but we make no representations or warranties as to the accuracy, correctness or reliability of the content.

6.    We reserve the right to refuse the transfer of secondary rights and do not acknowledge any clauses which state that with the acceptance of a fee the further exercising of rights is ruled out.

7.    We make no representations or warranties that the functional aspects of our site will be uninterrupted or error-free, or that our site or the server that makes it available are free of viruses or other harmful components. You acknowledge that your use of our site is at you own risk.