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TERMS & CONDITIONS

General
Terms and Conditions
01.05.2022

Agentur Focus - Die Fotograf*innen UG (haftungsbeschränkt)
Burchardstraße 14
20095 Hamburg
Germany

Contact / Office management
Marleen Hahn (marleen.hahn@agentur-focus.de)
Phone: 0049 (0)40 - 450 22 30
Fax: 0049 (0)40 - 450 22 350

Authorised representatives / managing photographers:
Axel Martens (axel.martens@agentur-focus.com)
Armin Smailovic (armin.smailovic@agentur-focus.com)
Lucas Wahl (lucas.wahl@agentur-focus.com)
Responsible in terms of § 6 Mediendienstestaatsvertrag (MDStV)

Agency Focus - Die Fotograf*innen UG (limited liability)
in the name and on behalf of all affiliated agencies
(hereinafter referred to as Agency)

Agentur Focus makes the photos in its image databases available on a non-exclusive basis for one-off, non-transferable use for books, print and digital media, for film and television projects, subject to the conditions set out below.

Any commercial use of the photo requires the express prior written permission of Agentur Focus.

Agentur Focus transfers the rights of use to supplied high-resolution photo data sets - hereinafter referred to as "digital photos" - under the following conditions:

A)
General

1. Online access to the Agentur Focus image databases of the photo agencies Agentur Focus, MAGNUM Photos, MAPS and Ostkreuz on agentur-focus.pro shall be activated by Agentur Focus following online registration and acceptance of these General Terms and Conditions by the user. The online access granted by Agentur Focus on agentur-focus.pro does not entitle the user to exploit, reproduce or pass on to third parties the material made available for viewing. 2.

2. Digital photos may only be accessed by authorised persons with the appropriate access authorisation. In order to give Agentur Focus and its contractual partners the opportunity to monitor who has accessed digital photos, multiple user accounts may be requested. 3.

All transfers of digital photos ("downloads") and the granting of rights of use are subject to change and are not exclusive to the following terms and conditions.

4. Deviating terms and conditions of the Customer shall only apply if confirmed in writing by Agentur Focus.

Complaints regarding technical or other defects affecting the digital photos must be reported within 24 hours of downloading or, in the case of hidden defects, immediately after becoming aware of them. After a complaint has been made within the time limit, the user is entitled to download the technically defective images again without a new download fee being due. Any further claims for damages due to poor technical quality are excluded, unless Agentur Focus has acted intentionally or with gross negligence. 6.

6. 14 days at the latest after the commencement of the use of digital photos, the Customer shall state the type, time, scope and distribution area of the use. If the information provided by the Customer does not correspond to the actual type of use or if the actual use does not correspond to the information provided by the Customer, the consent to use shall be deemed not to have been given and the Contractual Partner shall indemnify Agentur Focus against claims for damages by third parties.

7. The digital photo data sets transmitted shall always remain the property of Agentur Focus or the agencies and/or photographers represented by Agentur Focus. The digital photos shall be made available exclusively on a temporary basis and for the acquisition of simple rights of use within the meaning of copyright law. 8.

8. Data sets may be published by the Contractual Partner from the time of download from the Agentur Focus image databases (agency-focus.pro) within a period of 3 months without consultation on the terms and conditions stated. If they are published after this period without the express permission of Agentur Focus, the Contractual Partner shall be liable for damages. Likewise, after expiry of the deadline, the data sets and all their copies necessary for technical processing with regard to use must be deleted from all digital and electronic online and offline storage media of the user, unless a longer period for storage has been agreed in writing with Agentur Focus. Representations of the image content encoded in the data sets ("photos") in analogue form on any media (printout on paper, thermal transfer printout, exposed positive or negative film, etc. or in technology yet to be invented) must also be destroyed after expiry of the above-mentioned period. They may not be archived.

9. A fee of € 0.00 is due for each download of a fine data set. If digital dispatch is carried out by us, we will charge a fee of € 5.00 for each fine data set sent. A settlement with possible usage fees is not possible.

10. Low-resolution images ("previews" or "screenshots") are generally not released for publication, but serve merely as a further selection aid in addition to the thumbnails during the online connection. 11.

11. by the payment of damages and/or contractual penalty, which are due according to these terms and conditions, the contractual partner acquires neither ownership nor rights of use to the image material.

B)
Fees

1. Any use of our digital photos is subject to a fee. This also applies to the use of a digital photo as a template for drawings, caricatures, re-enacted photos, for layout purposes (dummies, mock-ups) and presentations. 2.

2. fees shall be based on the prices set out in our price list for the use specified by the user, which must be notified to us within 14 days of the start of use of the digital photos. If the Contractual Partner does not notify us of the intended use or non-use of images, Agentur Focus shall assume that all digital photos submitted have been used. In this case, Agentur Focus shall be entitled to charge the maximum fee in the relevant price list for each image. All fees quoted in quotations, price lists and other documents are always net without VAT.

(3) For certain digital photos specially marked in the Agentur Focus image databases, a surcharge shall always be added to the basic fee for the respective purpose of use.

4. the fees shall apply only to the one-time use for the specified purpose, time, scope and distribution area (country). Any further use, including use for brochures or advertising accompanying the Contractual Partner's product, shall be subject to a new fee and shall require the prior consent of Agentur Focus. 5.

5 Exclusive rights or blocking periods must be agreed separately. 6.

6. after the Contractual Partner has declared that and how it intends to use all or part of the digital photos supplied, Agentur Focus shall issue an invoice within two weeks for the granting of the rights of use, even if the publication or other use has not yet taken place.

7. if the intended publication or other use does not take place, any fee already paid cannot be refunded. Upon payment of the fee, the contractual partner shall be granted the right to use the images in the form indicated in accordance with clause A 6.

8. fee payments must always be made stating the client and invoice number.

C)
Restriction on disposal,
Liability, exploitation rights
and copyrights

1. In principle, only the one-time right of use of the photographic copyright is transferred. This applies in particular to digital photos which are subject to further copyright protection in terms of the image content (e.g. works of visual and performing art). The Contractual Partner shall be responsible for the redemption of further copyrights and the obtaining of publication permits from collections, museums, etc. The photos shall only be used by Agentur Focus for the purpose of publication. The photos shall only be made available by Agentur Focus for use in accordance with the contract. The contractually granted rights shall only apply to one-time use to the agreed extent. Repetitions or other extensions of the original rights of use shall only be permitted with our prior written consent. 

2. processing of the copyrighted work, such as by copying, rephotographing, photocomposing or montage with mechanical or electronic aids, is not permitted. Exceptions require a separate agreement. Use of the images in a way that is not in line with the prevailing tendencies and falsification of images and words as well as use that could lead to the disparagement of the persons depicted are not permitted and shall render the contractual partner liable for damages.

3. The transfer of the images in electronic, digital or analogue form or the transfer of reprint rights to third parties is not permitted.

4. the contractual partner is obliged to observe the journalistic principles of the German Press Council (Press Code). The contractual partner shall be responsible for the text. We accept no liability for any infringement of general personal rights or copyright through the use of the image and text. The clarification of personal rights is the responsibility of the user, subject to an express agreement to the contrary with Agentur Focus.

In the event of a breach of such rights, the Contractual Partner alone shall be liable for damages to any third parties. The Contractual Partner shall indemnify Agentur Focus against all claims by third parties in connection with the publication of an image. 5.

5. Agentur Focus accepts no liability for the accuracy of the content of the image captions and texts, except in cases of intent or gross negligence.


6. Agentur Focus expressly reserves the right to transfer secondary rights to collecting societies and does not recognise clauses according to which the acceptance of a fee should exclude the exercise of further rights.

7. Agentur Focus accepts no responsibility for the technical accuracy and completeness of the data. No liability shall be accepted for damage caused by technical faults, operational restrictions and interruptions, except in cases of intent or gross negligence. The operating hours can be changed by Agentur Focus at any time due to technical adjustments or other circumstances. Users have no right to constant availability.

 

D)
Copyright,
Specimen copy

1. With reference to §13 UrhG (German Copyright Act), Agentur Focus expressly requires an agency and copyright notice in the form attached to the digital image (photographer / [agency] / [agency] / Agentur Focus) and in such a way that there can be no doubt as to the attribution to the respective image. Collective picture credits shall only be sufficient in this sense if they can also be unequivocally attributed to the respective picture.

2. Item 1 shall also apply to advertising, insertions in television programmes and films or other media, unless an express special agreement has been made.

3. Unless specifically stated above, any use shall be subject to the provisions of the German Copyright Act.

E)
Information on data collection
pursuant to Article 13 DSGVO

Agentur Focus - Die Fotograf*innen UG and the affiliated agencies collect personal data of the client for the purpose of executing the contract, for the fulfilment of our contractual and pre-contractual obligations.
 The collection and processing of data is necessary for the execution of the contract and is based on Article 6 (1) b) DSGVO. The data is not passed on to third parties. The data will be deleted as soon as they are no longer required for the purpose of their processing and insofar as there is no legal obligation to retain them. Information on all personal data of the client is available free of charge. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the client may contact the following address:


Agentur Focus - Die Fotograf*innen UG
Data protection officers Armin Smailovic, Axel Martens, Lucas Wahl
Burchardstr. 14 - 20095 Hamburg, Germany
axel.martens@agentur-focus.de
armin.smailovic@agentur-focus.de
lucas.wahl@agentur-focus.de

See data protection information

F)
Contractual penalty /
Liquidated
compensation

1. In the event of unauthorised use, distortion or disclosure of our digital photos in electronic, digital or analogue form, unauthorised disclosure of reprint rights to third parties as well as unauthorised production of copies of digital data sets or analogue representations of the image content contained in the data sets for the client's archiving purposes as well as disclosure of the same to third parties (cf. C1, 2 and 3), a contractual penalty amounting to five times the usual usage fee shall become due subject to the assertion of claims for damages. Payment of this contractual penalty shall not release the secondary user from payment of the fee. 2.

2. an increased usage fee shall be due for photos published without or with an incorrect agency and/or copyright notice. It increases by 100% of the publication fee in the case of one missing or incorrect component of the agency and/or copyright notice, by 200% in the case of two missing or incorrect components, etc.

G)
Terms of payment,
place of jurisdiction,
Others

1. Our invoices are always payable without deduction within 30 days.

2. Place of jurisdiction and place of performance for both parties is exclusively Hamburg, insofar as this is legally permissible.

3. German law shall apply, even in the case of deliveries abroad.

4. Should any provision of these terms and conditions be invalid, this shall not affect the validity of the remaining provisions.

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