1. Any and all offerings, supplies, and granting of usage rights made by CHROMORANGE shall exclusively be subject to the Terms and Conditions stated below.
2. Client's deviating Terms and Condition shall only apply upon written consent by CHROMORANGE.
3. In the event of slight negligence, CHROMORANGE shall only be liable for violation of essential contract obligations. Otherwise, CHROMORANGE's liabilities shall be limited to gross negligence and intent. The respective limitation of liabilities shall also apply to the accountabilities of vicarious agents. The above mentioned limitation and exclusion of liabilities shall not apply to any damages resulting from death and/or injuries to body and health. Furthermore, CHROMORANGE shall not be held liable for any misspelling and/or incorrect image annotations.
4. In the event of ordering "Rights Managed Photos", Client shall state respective resolutions and - if necessary - provide the extended license. Client's utilization of Photos must comply with the scope and purpose declared with respective orders. In the event, Client's declaration does not correspond to the actual form of usage and/or the actual utilization does not correspond to Client's respective declaration, CHROMORANGE's consent to any and all forms of utilization shall lapse.
5. In general, any publication and/or dissemination of "Layout-Photos", provided on CHROMORANGE's website, shall be prohibited.
6. For digital Graphical Material, all electronic image data shall be immediately deleted in case rights to use lapse.
7. Our Graphical Material content is exclusively intended to address professional users.
1. Client's use of Graphical Material provided by CHROMORANGE is subject to a fee. This provision shall also apply to using a Photo as a model for drawings, caricatures, re-enacted photos, for layout-purposes exceeding periods of 4 weeks and for presentations as well as to deploying image details as parts of newly created images.
2. Fees shall be negotiated prior to respective use. They shall depend on resolution and the intended scope of use. In the event, CHROMORANGE's rates for fees should not provide any regulations, the "Photographic Fees issued by the Mittelstandsgemeinschaft Foto-Marketing (MFM) - Overview on Customary Compensation for Photographic Usufructuary Rights", as amended at the time of contract conclusion and relating to the respective use, shall serve as reference.
3. Any and all Fees provided with offerings, price lists, and any other documents shall generally be deemed as net fees, exclusive of VAT and the levy for the social security insurance of artists.
4. Any and all exclusive rights and/or holdback periods shall be negotiated independently, and shall be subject to an additional charge in the amount of at least 100% of respective basic fees.
5. Client's obligation to pay shall be independent from its actual use of ordered material.
III. Editing & Liability
2. Unless respective image data are marked by the notation "model and property release available", Photos showing individuals, artworks, trademarks, or similar shall not be released for promotional purposes. Client shall be obliged to obtain respective promotional release consent from persons depicted or entitled to rights in relation to depicted motives prior to any publication of suchlike Photos for advertising purposes. Usually, "Royalty-free Photos" may be used for promotional purposes. However, in case of doubt, please contact our sales and distribution department. In general, Editorial Photos (Editorial ED) must not be used for commercial or promotional purposes. In the event, Graphical Material is used for promotion without being released for suchlike purposes, Client shall keep CHROMORANGE indemnified from any and all liabilities, in particular those against depicted persons or owners of property rights etc.
3. Client shall keep CHROMORANGE indemnified from any and all liabilities against third parties arising from the use of material, in the event suchlike use disparages individuals or violates other people's personality rights in any other way.
4. Any dissemination of Graphical Material and/or transmission of rights to reprint and/or of electronically transmitted image data to any third parties shall be prohibited. The same shall apply to reproductions of diapositives and the production of photographic negatives, reproductions and/or magnifications for Client's archiving, storage of electronic image data and/or any dissemination of the aforementioned to any third parties. Any exceptions to the aforesaid require CHROMORANGE's consent. However, Client shall be obliged to inform CHROMORANGE on its possible reproduction, storage of image data, and production of models for archiving and the respective extent of suchlike activities, in contrary to the provisions set forth hereunder.
5. Client shall be obliged to adhere to the journalistic principles of the German Press Council (Press Code). Client shall be responsible for captioning. Furthermore, Client shall be liable for any violations of the general personality rights of depicted persons, as well as for infringements of Photographer's copyrights resulting from any unauthorized or unintended use of images and/or text. Client shall keep CHROMORANGE indemnified from any relating liabilities against third parties.
6. Any publication of images showing celebrities must be on the respective person's behalf and in an editorial manner; Client shall be obliged to observe possible reasonable contrary interests of depicted individual(s) for the purpose of § 23, subparagraph 2 of the German Law on the Protection of Copyright in Works of Art and Photographs (KUG).
7. Unless Client has been granted exclusive rights of use, CHROMORANGE reserves the right to additional use of submitted material.
8. CHROMORANGE shall not be liable for contentwise correctness of picture captions, texts, and content indexing. Any exceptions to this provision shall be limited to CHROMORANGE's intent or gross negligence.
IV. Copyright Notice
When using Rights Managed Graphical Material, Client shall be obliged to apply both, a copyright notice regarding the respective Photographer as well as a reference as to CHROMORANGE, and do so in a manner which allows for decided attribution of respective Photos. Copyright notices shall state "CHROMORANGE" as well as the respective Photographer's name, if provided. In the event Client fails to mark Graphical Material with copyright and/or agency notice, Client shall be charged an additional fee in the amount of 100%, added to respective usage fees, plus possible administration expenses. For Royalty-Free Photos, no copyright notice shall be required to be applied. Collective picture credits shall only suffice to the extent that they would also allow for decided attribution of the respective Photos. Client shall keep CHROMORANGE indemnified against any and all claims of third parties resulting from the omission to apply suchlike copyright and/or agency notices.
V. Penalty Clause
In the event of any unauthorized use, disfiguration, or distribution of our Graphical Material, any unauthorized granting of reprinting rights to third parties, unauthorized production of diapositive and/or negative duplicates, reproductions, and/or magnifications, any production of copies of digital data sets and/or analog representation of image contents contained in respective data sets for the purpose of Client's archiving, as well as in the event of any distribution of the above mentioned to any third party and in case Client fails to delete data in accordance with its obligations hereunder, a penalty in the amount of EUR 5001.00 shall be agreed to fall due.
VI. Place of Jurisdiction & Miscellaneous
1. Provided that the Parties hereto are registered traders, place of jurisdiction and fulfillment for both Parties hereto shall exclusively be the place of CHROMORANGE's registered office, München.
2. Even for supplies abroad, the German Law shall be agreed to apply.
3. In the event one or more provisions set forth herein is or becomes invalid this shall not affect the remaining provision's validity.