Hippocampus
Bildarchiv

Hauptstrasse 9
64342 Seeheim-Jugenheim

Phone 06257 / 937 361

Fax : 06257 / 937 360

General Business Conditions

A   General

1. Our deliveries, electronic information, offers and copyrights are bound unconditionally to the following stipulations. They also apply to future agreements, even if not explicitly referred to. Divergent conditions and special agreements must be made in writing. Complaints about the electronic transmission and/or deliveries can only be recognized if they are made within 48 hours by telephone and within one week in writing.
2. Electronically transferred images, supplied originals, duplicates or files containing image data always remain the property of the copyright-holder. The material is temporarily made available for the specified purpose in the context of copyright laws for a period of 90 days.
3. The customer must indicate their intended use when placing the order, but at the latest by the technical utilization of the images.
4. After the images have been utilized, they must be deleted from the customer's data storage medium. The same applies to non-utilized images. Image data and images to which the customer has acquired the proper license for utilization based on the payment of the utilization fee, but who has not utilized the material, must be deleted from the electronic storage medium or returned within 90 days after the utilization rights have been issued, calculated from the date of payment of the utilization fee. The payment of damages and/or the payment of other costs or fees which are calculated according to these conditions, gives the customer neither ownership nor utilization rights to the image material.
   Attached to our delivery is a list of contents objects, which has to be controlled by the recipient.Divergences have to be announced by phone or e-mail within 48 hours to the HIPPOCAMPUS Bildarchiv. Otherwise you accept the attached list of contents.

B   Honoraria

1. Each utilization of our image material, also in on-line publications or on CD-ROMS is subject to the payment of fees. This also applies when an image is used as the model for drawings, caricatures, photo imitations and customer presentations, as well as the utilization of details of images in new compositions based on montage, photo-composition, electronic image storage media or similar technologies.
2. Fees are calculated according to the medium, format and volume of utilization. This information can be provided by the customer while ordering. A flat fee for processing and shipping will be charged. All fees are exclusive of current VAT.
3. The fees are applicable to single usage for the specified purpose, the stated scope and the agreed-upon language area. Any further utilization is subject to additional fees and require a previous written agreement.
4. If an object which includes an image (e.g., a book, a calendar, etc.) is used in a different medium, then an additional fee for the recognizable motif must be paid, regardless of the original recognition of the utilization license for the same photo in the original context. This applies in particular to utilization for advertising purposes. The licensee is required to inform HIPPOCAMPUS Bildarchiv of new utilization and to acquire the permission for utilization. If a picture is used without permission and if the image files are passed on to third parties, the minimum fee of five times the license fee will be charge, regardless of other claims for damages.
5. 5. Exclusive rights and deadlines must be agreed upon separately and are subject to an additional fee of 100% of the respective basic fee. Fees are due at the latest three months after the customer's announced intention of utilization, even if the publication or other form of utilization have not been completed within this period.
   If the intended publication or other utilization does not occur, the customer cannot be reimbursed for previously paid fees.
   Bills must be paid in full within 14 days.
   

C   Fees and Charges

1. Processing and shipping costs will be charged for all transmissions and deliveries of images. Costs cannot be tallied against any applicable licensing fees. The customer does not acquire any utilization or property rights if processing cost or payments based on damage claims have been made.
2. Damages must be paid according to the list of fees for any damaged or unreturned original images. Additional fees according to the List of Charges for unavailability will be charged for images intended for utilization which remain with the customer for more than 90 days after the date of delivery, starting from the 91st day until the date of return.

D   List of Charges

Unavailability fees when the inspection deadline has not been met: :
per item and day for slides, originals and negatives	Euro     3,-
Replacement fees for lost or damaged slides, originals and negatives:
a)  lost or totally damaged slides or negatives	Euro   500,-
b)  severe damage that limits further use	Euro   300,-
c)   slight damage that permits further use	Euro   150,-
Processing costs for selected shipments:
The processing costs will be based on the type, medium and the volume of the order	minimum fee Euro    25,-

E   Limitation of Utilization, Liability,
     Licensing and Copyrights,
     Off-prints

1. Only the right to utilization is transferred from the copyright to the image material. This applies in particular to image originals that are subject to additional copyright protection based on their content.
2. The user is obliged to obtain any further copyrights as well as, if applicable, of publication approval on the part of collections, museums, etc.
3. The images are made available by us only for purposes in accordance with the agreement and they are to be deleted from the data storage medium or returned after utilization.
4. The license agreement applies only to single use within the scope agreed upon. Additional utilization is subject to additional fees.
5. If there are claims for damages made by the person damaged based on the failure to obtain a utilization license, the customer must release the partner company from all claims for damages.
6. Our approval for the transfer of the rights to utilization is also required if the transfer occurs within the scope of the total or partial sale of a company.
7. A distortion of the material protected by copyright through tracing, copying, photo composition or electronic tools is prohibited. Exceptions require a separate agreement. If these rights are infringed upon, HIPPOCAMPUS Bildarchiv has the right to charge five times the usual fee customary for the type of utilization in accordance with the fee originally agreed upon.
8. Intentional misuse and distortions in the image or text as well as utilization that serves to demean the persons on the image are prohibited and make the customer subject to damages.
9. Duplications, the production of intermediate negatives, reproductions, enlargements and electronic storage of image data for archiving as well as transfer to third parties is prohibited. Such special utilization requires our written permission.
10. The customer is obliged to provide us with information without a specific request if and to which extent he has duplicated, produced prints for his own needs or has stored digital data based on our visual materials without our permission. All copies etc. based on HIPPOCAMPUS Bildarchiv materials made with or without permission are to be deleted from the data storage medium of the user's computer system and/or be handed over to us.
11. The user and/or customer has the responsibility of providing captions. We are not liable for the infringement of general personal rights or of copyrights contrary to agreement or distortions based on the image or text. If infringement of such rights occurs, the user is liable for any claims for damages by third parties. The publication of images of well-known personalities can only occur with their name included and must comply with good-faith editorial practice.
12. We are not responsible for any claims for damages that might occur based on the use of our pictures. Those responsible for the respective printed material or other medium has full responsibility in all cases, also for any claims based on the right to one's own image and when photo material has been given for utilization for commercial purposes without obtaining our previous approval.
13. The transfer of image material or the reprint rights to third parties requires a separate agreement with HIPPOCAMPUS Bildarchiv. We explicitly reserve the rights to transfer of subsidiary rights to production companies and do not recognize any stipulations according to which the acceptance of a fee entails the exclusion of further rights.
14. If originals are to be mailed, the customer is liable to HIPPOCAMPUS Bildarchiv until the pictures arrive undamaged, even if the pictures have been given to third parties. This also applies if the pictures have been sent by third parties according to the wishes of HIPPOCAMPUS Bildarchiv customer. The customer who returns material is responsible for risks associated with shipping and return.
15. The copyright holder requires an acknowledgement of the photographer and the copyright holder in reference to Art. 13 UrhG (German Copyright Code). This must be completed in a manner that eliminates an ambiguity as to the copyright holder. Collective references to sources are only permissible if they fulfill these criteria unambiguously. The customer is to free the copyright holder from any resulting claims for damages by third parties based on the failure to document the copyright holder. This also applies to advertising, shots in television shows and films or and any other medium, including electronic media, insofar as no explicit special agreement has been made. If not explicitly stated otherwise, the utilization is subject to the stipulations of German copyright legislation.
16. HIPPOCAMPUS Bildarchiv is to receive, without a request and at no cost, at least two complete copies of any publication in print according to Art 25 VerlagsG (German Publishing Code). If pictures are used electronically as on-line media HIPPOCAMPUS Bildarchiv is to receive a digital "screen shot" documenting the URL or another form of documentation.

F    Data Protection

1. The user is herewith informed in accordance with the Data Protection Act that the vendor will store the customer's complete address, all information required for billing and necessary for the operation of the on-line system in machine-readable format and process this data electronically. The data will not be made available to third parties without the customer's express permission.

G    Court of Jurisdiction

1. Court with jurisdiction for both parties, insofar as legally permissible, is the Amtsgericht Darmstadt (Civil Court in Darmstadt). German law applies also to deliveries to foreign countries insofar as no other agreements have been made.
2. If one of the stipulations of these Delivery and General Business Conditions should be invalid, the remaining stipulations are not affected.