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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 Arco Digital Images.
  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 Arco Digital Images.

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 Arco Digital Images 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 Arco Digital Images. 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 Arco Digital Images. This applies in particular to:
  5. - secondary exploitation or secondary publication, in particular in anthologies, brochures accompanying products, advertising measures or other kinds of reprints
    - digitilization, 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.
  6. Without the permission of Arco Digital Images the picture material may not be copied, photographed following adjustment or digitally composed or otherwise used as a motif.
  7. Should picture material supplied by Arco Digital Images 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 Arco Digital Images.
  8. 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.
  9. All utilization, reproduction or transmission of the picture material is only permitted on the condition that the copyright note prescribed by Arco Digital Images is applied.
  10. Arco Digital Images 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.