CONDITIONS
 
Suedtirolfoto.com OHG terms and conditions of business

1. Use of the database
1.1. The digital photograph archive südtirolfoto.com OHG (OHG = partnership) places its on-line digital picture archive with diverse content at the disposal of the public (hereinafter named user, purchaser, customer). All pictures as well as all contents of this website are protected worldwide by statutory copyright laws (also designated by the icon ©).
The terms picture and photographic material identify all photographic copies, slides, negatives and prints offered and featured in our picture catalogues as well as drawings, graphical material and all other electronic data containing image information found in our other publications and on all image and data storage media (i.e., CD-ROMs), on the internet, file transfer processes (i.e., via FTPs) or filed in on-line or off-line databases.
1.2. On registering as a user on the website www.suedtirofoto.com or on ordering and using the image data found there you automatically declare that you accept our general conditions. The on-line access to the Suedtirolfoto.com picture database does not confer the right to use, publish, reproduce or pass on to third parties the low-resolution pictures (referred to herein as zoom pictures and thumbnails) given that they are intended solely as aids to selection. Any use of the pictures requires the explicit written prior authorisation of Suedtirolfoto.com.
1.3. The password provided by Suedtirolfoto.com to its customers to order photographic material is intended strictly for personal use and it may not be passed on to third parties and any kind of misuse of this password is forbidden.
1.4. The customer is responsible for all costs and damages resulting from the use of the password and customer code. Suedtirolfoto.com OHG accepts no blame or warranty for damages resulting from operational faults in the database.
1.5. Suedtirolfoto.com OHG reserves the right to deny access to the on-line picture database to persons who fail to observe the general conditions. The following terms of supply and general conditions apply to all kinds of photographic materials irrespective of whether the images are licence-free (referred here as “RF” – royalty free) or whether their use is subject to licence (referred to here as “RM” – royalty managed), transferred digitally or supplied as originals etc.

2. Validity of terms and conditions of business
2.1. All offers, supplies, downloads of digital pictures and the awarding of usage rights are in all cases without engagement and are not exclusive to the following terms and conditions of business.
2.2. Our general terms and conditions of business apply to all future supplies and downloads, provided that different conditions have not been expressly agreed.
2.3. We do not recognise terms and conditions of customers if they diverge from our terms and conditions of business. Such divergent conditions will consequently not form part of the agreement content unless we expressly disaffirm them.

3. Rights pertaining to photographic material
3.1. Photographic material is made available exclusively for viewing and selection for a period of three weeks calculated from the date of the delivery note. Digital photographic material must be deleted after four weeks at the latest. Permission to extend this time limit must be agreed in individual cases. The photographic material remains our or the photographer’s property and must be returned to us on expiry of the period allowed for selection. Photographs approved for use must be returned to us immediately after use, at the very latest one month from the date on the delivery note. The requirement to return goods applies to photographic material stored both on analogue and digital storage mediums as well as all texts and documentary material supplied with the photographs.
3.2. All uses of photographs are subject to prior written approval by Suedtirolfoto.com. Use of photographic materials is limited to those pictures expressly approved in the written consent by Suedtirolfoto.com. All other uses going beyond the agreed scope require additional permits.
3.3. Should the information supplied by the customer not correspond to the effective use to which the materials are put, approval to use these materials is to be considered denied, and the customer exempts Suedtirolfoto.com from any claims for damages claimed by third parties.
3.4. On purchasing rights to use photographic materials the customers does not under any circumstances acquire copy and related rights, irrespective of whether the photographs are classed as RF or RM.
3.5. As a general condition only basic rights of use are conferred for pictures approved for use. In accordance with Italian state law no. 633 of April 22nd 1941, articles 89 and 109, comma 2, the sale of a photograph does not imply the relinquishing of copyright, except in the case of a written agreement. On acquiring a digital copy the customer does not also acquire the exclusive rights to a photograph.
• The acquisition of exclusive rights of use of photographs and the granting of a retention period must be expressly agreed and paid for separately.
• The granting of rights of use is always dependent on the fees for use being paid in their entirety to us.
• Circulating and reselling the photographic material in any form to third parties, including to other editorial departments of a publishing house or subsidiary companies is forbidden. In individual cases permission may be granted to pass on data or a customer may order material to be sent to a third party; in such cases the customer ordering is liable for the return of the material in perfect condition and is responsible for the payment of expenses accrued, contractual penalties and fees for use. Any debts incurred by the third party must be met in the same amount by the customer, who is to regard such debts as his own.
• In principle, photographs may only be used in their original form. All modifications or rearrangements (i.e., montage, technological alteration, colouring) and all changes in the reproduction of photographs (i.e., the publication of details) require our prior consent. This does not include the removal of unwanted blurred details or colour weaknesses by electronic retouching
• Customers are not authorised to offer photographs acquired from us for downloading by third parties and may not publish photographs with a resolution higher than 72 dpi on websites.

4. Licence provisions
4.1. Royalty-free photographic material:
Suedtirolfoto.com concedes non-exclusive and non-transferable rights of use of royalty-free (hereinafter termed RF) photographic material, though with worldwide validity and without time limit for photographic materials acquired by customers under observation of purpose of use as set forth in our general conditions of business. The acquired photographic data may be stored and reproduced for internal purposes, though they may not be kept in photographic databases or other storage archives and made accessible to third parties.
• Use of RF photographic material:
RF photographic material may be used for all print media, in advertising, PR campaigns, brochures, catalogues, reports, presentations, displays, shop windows, magazines, books, product packaging, multimedia applications especially on-line media and all similar uses under condition that they have not been released expressly for editorial purposes. In case of doubt always check with Suedtirolfoto.com.
Royalty-free photographic material may not be used for the following purposes:
o Uses which do not comply with our general business conditions;
o Further- or sub-licensing, selling and passing on to third parties;
o Saving and copying of photographs in databanks or on CDs/DVDs or any other storage devices with the intention of making them available to third parties. This includes offering the photographs as downloads on websites and other multimedia uses;
o Distribution of photographs on mobile telephone devices. In order to do so an extended commercial licence must be obtained from Suedtirolfoto.com;
o The use in selling or promoting commercial products when the photograph accounts for an essential part of the packaging. Among other things this includes posters, postcards and calendars. In order to use materials in this way an extended commercial licence must be obtained from Suedtirolfoto.com;
o The use of photographs for advertising purposes or in association with any companies which work in competition to Suedtirolfoto.com. Above all this includes all businesses engaged in the selling or supplying of photograph licences or photographs.
o RF photographs may only be used in the supplied picture size and for the purpose for which they have been acquired (print or web).
4.2. Rights managed photographic material:
In the case of photographs which are subject to license conditions (hereinafter termed Royalty managed – RM) Suedtirolfoto.com accords to customers non-exclusive and non-transferable rights of use under observation of our general terms and conditions. Exclusive rights of use for a determined period may be acquired at extra charge.
• Use of royalty managed (RM) photographic material:
o Use of photographs is strictly confined to the purposes declared by the customer. This includes the purpose of use, the medium, print run, the reproduction format, duration of use, distribution area etc.
o Failure to comply with the contractual terms and conditions of use will result in the acquired licence being declared null and void by Suedtirolfoto.com without prior warning. The customer must subsequently cease to use the photographic material and delete the photographic data or return it to Suedtirolfoto.com. This also applies to all reproductions which may have been produced.
o Suedtirolfoto.com reserves the right to remove photographs from the selection on offer or to exchange them. On receipt of notice that the licence of use for such photographs has been discontinued, customers must agree to refrain from future use of the picture in question.
o All licences become valid only once Suedtirolfoto.com has received payment in full.

5. Digital image processing
5.1. The digitisation of conventional photographs and the circulation of digital photographs by means of data transmission or storing on a data carrier is only permitted if the exercise of user rights contained in the general terms and conditions of use require this kind of reproduction and distribution.
5.2. Photographic data may only be digitally activated for the customer’s personal uses and for the duration of the concession of use granted to the customer. It is not permitted to store photographic data in on-line data banks or other digital archives which may be accessed by third parties. On acquisition of the photographs the name of the author and name of our agency must be linked electronically with each photograph. Furthermore, the customer is required to use suitable technical means to ensure that both the name of the photograph’s author as well as our agency are always identified each time a photograph is transferred to other data carriers, viewed on a monitor or screen as well as in all kinds of public reproductions.

6. Customer’s obligations and copyright
6.1. In accordance with Italian state law 19/1979 article 20 the customer is obliged to include the name of the author and that of our agency with each photograph to ensure there is no doubt as to its authorship and source. The copyright must be indicated as follows: “Photo: Suedtirolfoto.com/name of photographer”. The identification of collections of photographs must likewise ensure that there can be no doubt as to the authorship and origin of each. The customer absolves the photograph agency of all liabilities resulting from claims by third persons. This includes advertising, fade-ins in television transmissions and films and other media with the exception of cases where a special agreement has been reached. Under no circumstances may information identifying the authorship of a photograph and the name of Suedtirolfoto.com be removed.
6.2. Should the name of the agency and that of the author be omitted, we have a right to claim a supplement for the use of such photographs amounting to 100% of the fee for the use of each respective photograph plus any administrative costs or, in the absence of an agreement, at least 200 euros per picture and individual case. Furthermore, the customer absolves us of liability for any claims by third parties (i.e., the photographer).
6.3. On receiving photographic material the customer is expected to check it for completeness and for freedom of faults and defects. Should the photographs received prove incomplete or should individual photographs appear to show flaws, inadequacies or other deficiencies which are discernable without the need for expertise or incurring great expense, the customer is obliged to inform Suedtirolfoto.com of the missing materials or defects of the photographic materials within 72 hours of receipt of the order either by telephone or in writing. The faulty photographs must be returned to us immediately. Complaints regarding digital photographs with technical or other defects must notified to us within 24 hours of the download. Following notification within the prescribed time limit the customer is authorised to download once again the defective photographs without incurring downloading fees. If the customer fails to inform us of his dissatisfaction within the prescribed time limit, the customer’s complaint about orders supplied incomplete or certain photographs being defective may not be accepted.
6.4. Photographs of well-known personages my only be published featuring the person’s name and in an editorial context.
6.5. Customers are obliged unsolicited to inform us of each publication of photographic material by sending us, free of charge, two finished specimen copies. In the case of electronic use of our photographic materials in on-line media, the customer is required to send Suedtirolfoto.com a digital screenshot indicating the URL or other locator.
6.6. Unless otherwise explicitly stated, all uses of our photographic materials are subject to the regulations of the relevant Italian copyright laws. Should a customer infringe these copyright laws Suedtirolfoto.com reserves the right to pursue its interests through the courts.

7. Liabilities, compensation and contractual penalties
7.1. From receipt of the ordered materials until they are returned in perfect condition, the customer is liable for any losses or damages incurred. The customer returning the materials is responsible for all risks involved. Costs and risks incurred in the return of materials complete and undamaged are the responsibility of the customer, who is also liable for improper or deficient packaging; the customer is liable for any loss or damage incurred in returning the materials to Suedtirolfoto.com, even if the return of goods to the photograph agency is effected by a third party appointed by the customer. A consignment is regarded as incomplete if image masks, labels and captions are missing. All administration costs incurred by us will be borne by the customer.
7.2. In the case of unauthorised use, use, redesign or circulating picture material in electronic, digital or analogue form, unauthorised circulating of reproduction rights to third parties as well as unauthorised production of copies of digital data records or picture material contained in analogical images of data records for the customer’s archive purposes as well as passing on of these to third persons, we are entitled to impose a penalty equal to five times the agreed price of the picture, or in the absence of an agreement, five times the usual royalty fee, though a minimum of € 500.- per picture and individual case. Our rights to request additional damages shall remain unaffected. Furthermore, the purchaser indemnifies us from all resulting claims by third parties.
7.3. If pictures are lost or returned in a state which makes them unfit for further use during the time in which the customer is responsible for their safety, the customer is liable for damages amounting to at least € 1,000.- for each original picture and € 200.- for each duplicate unless the purchaser can prove that the damages correspond to a lower value. We reserve the right to claim higher damages.
7.4. In the case of pictures being returned in a faulty condition (i.e., with finger marks) but which can be returned to acceptable state by cleaning or other measures, the purchaser is required to reimburse the costs incurred.
7.5. In compensating for damages and/or paying a penalty resulting from the conditions stipulated herein, the customer in no way acquires ownership or rights of use of the picture material.

8. Picture agency’s liability
8.1. We are liable only for damages caused by wilful or grossly negligent conduct by us, our legal representatives or our vicarious agents.
8.2. A release declaration issued by us does not include the assurance that persons shown or the copyright holders of works of visual or applied arts have given their consent to have the pictures published. Unless the required consent or agreement is available or an explicit permission from us is supplied, the customer is responsible for obtaining the consent of third persons in individual cases (model release) or the agency of publishing assent with regard to collections, museums etc.
8.3. It is prohibited for the customer to use the picture material for illegal purposes. We accept no liability for the purposes to which our picture material is used. The customer is responsible for ensuring that the use to which he puts our pictures does not infringe upon personal rights, copyrights and/or other rights of third persons. Furthermore, the customer bears the exclusive responsibility for providing pictures with captions or descriptions.
8.4. We explicitly reserve the rights to confer secondary rights on collection agencies (representing copyright holders) and do not recognise conditions according to which the exercise of further rights is excluded if fees are accepted.
8.5. Suedtirolfoto.com accepts no liability for the technical accuracy and completeness of data contained in this website. No liability is accepted for damages arising from failures, degradations of service and operational interruptions caused by technical malfunctions, except in the case of intent or serious negligence. The operating times of Suedtirolfoto.com can change at any time due to technical adjustments or other reasons. The customer has no right to expect continuous availability of service.

9. Costs and fees
9.1. Each use of our picture material is subject to the payment of a fee, including on-line publication and storage on CD-ROM. This also applies in the case where a picture is used as a model for drawings, caricatures, reconstructed photos, or used for customer presentations, as well as the use of image details which become part of a new photograph through the application of techniques such as photomontage, photo composing, electronic image carriers or similar methods.
9.2. The fees apply to a single use for the stated purpose, the stated time, scope and distribution region (country). Each further use is subject to a further fee and requires the prior agreement of Suedtirolfoto.com.
9.3. Fees must be agreed with us before use. They are based on the medium, type and scope of the use which must be communicated to us. The Agency’s current fee charges will be applied in the case where we have received no request for a fee quotation on the part of the customer. In the absence of precise information from the customer, the Agency is entitled to set an estimated fee.
9.4. We reserve the right to levy an administration charge for the compilation of picture material corresponding to the expenses incurred according to the type and scope of the order, plus packaging and shipping costs. We apply a charge according to volume yet to be defined for the digital transfer of pictures. In both cases there can be no settlements of accounts based on usage fees.
9.5. As a basic principle, an extra charge will be added to standard fees for photographs taken under exceptional conditions, i.e., pictures of photo models, aerial, underwater and expedition shots.
9.6. In the case where an illustrated product (i.e., a book, a record/CD cover, a brochure etc.) containing our photographic material is reproduced in a new medium, a fee is once again payable for the picture, irrespective of whether a fee has already been paid for the same picture in the original context of use.
9.7. This applies especially in the case of use for advertising purposes. It is the responsibility of the user to keep the picture agency informed about new purposes of use and to obtain written agreement for such use.
9.8. Fees already paid cannot be refunded should the intended publication or other intended use fail. With the payment of fees the customer originally obtained the right to use the pictures in the manner approved by us.
9.9. Our invoices must always be paid within 30 days of the issue date. We are entitled to charge interest on arrears in the case of delayed payments .
9.10. Value added tax in the relative legal amount is payable by the customer in addition to costs and fees.

10. Other stipulations
10.1. Should single provisions of the terms and conditions of business prove to be invalid this will not affect the validity of the other provisions.
10.2. The conditions of business contained herein as well as all contracts, agreements and supplementary agreements arrived at between Suedtirolfoto.com and the customer will be subject to Italian law.
10.3. The parties to this contract unanimously declare Bolzano/Bozen (I) as the place of fulfilment of this Agreement.
10.4. The regional civil court of Bolzano/Bozen is the competent court for the settlement of all disputes arising between Suedtirolfoto.com and the customer.
10.5. In the case where the customer has no legal domicile in the Republic of Italy or has moved his legal domicile or general place of residence abroad after the signing of this contract, it is agreed that the headquarters of our Agency will be the place of jurisdiction. It is also agreed that Italian law will apply even in the case of consignment of materials abroad.
10.6. All supplementary clauses, modifications and additional agreements must be made in writing in order to become valid.

11. Data protection
Permission for storage and use of personal data in accordance with Italian Law of 31st December 1996, no. 675 (Art. 11).
Pursuant to the Italian Law of 31st December 1996 no. 675 (Art. 10 and 13), regarding the purposes and ranges of use of personal data, the User of Suedtirolfoto.com declares, in accordance with the above mentioned law, that he has been informed and agrees to permit Suedtirolfoto.com to use his data in Italy and abroad.
Customers who are registered users of the on-line picture database receive our newsletter by e-mail. The newsletter can be cancelled by sending a reply email with the heading “Cancel Newsletter”.
In accordance with Art. 1342 and 1342 itZGB, the Customer explicitly declares to have obtained knowledge of our terms and conditions of business, which he has read on our website and accepted.