travimage.com
- Terms & Conditions & GDPR
THIS SITE IS OWNED AND OPERATED BY travimage.com
/ mecky fogeling.
ALL IMAGES FEATURED ON THE travimage.com SITE ARE
RIGHTS MANAGED. COPYRIGHT OF ALL IMAGES BELONG TO travimage.com
/ mecky fogeling AND/OR OUR IMAGE PROVIDERS (AUTHORS).
THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU
AND travimage.com. PLEASE READ THIS AGREEMENT CAREFULLY
IN ITS ENTIRETY BEFORE USING THIS SITE. BY TICKING THE BOX AGREE
WHEN REGISTERING OR BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY THIS AGREEMENT
AND THE TERMS AND CONDITIONS STIPULATED THEREIN. IF YOU DO NOT AGREE WITH THE
TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
"We" and/or "us" refers
to travimage.com.
"You" means the person or entity named as client using this
website or the pictures delivered through it.
You will be deemed to have accepted these terms and conditions unless you notify
us to the contrary and return all the Images to us within 5 days of receipt.
No variation of these terms or conditions shall be effective unless agreed in
writing.
"Image" means any item which may be offered for the purposes of reproduction
(including where appropriate a Digital Image).
Supply Of Images
1) Images in digital format: you may download watermarked
Images only for internal composite and lay-out purposes. Watermarked Images
may not be reproduced on any final materials distributed internally or externally
by yourself and/or your company. Any other rights must be obtained from travimage.com
by way of entering a licence agreement and payment of the licence fee stated
in the invoice The invoice constitutes part of the licence agreement.
Images in transparency or printed format: The Images are submitted on loan at
your request, on approval only. Our delivery note lists the Images delivered
to you, which shall be deemed to have been received complete and in good condition,
unless we receive notification of any discrepancy or damage within 48 hours
of receipt.
2) Images belong to us. In case of digital Images which
you have downloaded from our website or which we have transmitted to you by
way of email, CD, DVD upon your request, you are responsible for safekeeping
of the Digital Image Files whilst they are in your possesssion.
Images in transparency or printed format are your responsibility from the time
we despatch them until we receive them back. You are urged to take out insurance
to cover the total value of the Images delivered.
3) In case of Images in transparency or printed fromat
you must pay a non-refundable service fee to cover administrative costs and
despatch of Images on each submission and resubmission of Images whether or
not reproduction rights are required or granted. We will deliver Images to you
by the most appropriate safe method which affords proof of delivery, and may
invoice you for the delivery costs.
Regarding digital Images, a high resolution Image requested and subsequently
not used will incur a EUR 50 administration fee.
Supply of Images in transparency or printed format
4) "Return Date" is the date by which the Images
must be returned as specified on the delivery note or licence. If no date is
specified, the Return Date shall be four weeks from the date of the delivery
note.
5) You must pay the rental fee specified in the delivery
note until we receive the Images back. Payment of the rental fee does not entitle
you to retain any Image after its Return Date.
6) You must return Images to us by a safe method which
affords proof of delivery. You must arrange adequate protection for Images in
transit. You must enclose a delivery note detailing and totalling the returned
Images and must send a copy of that note by separate post, fax or email.
7) You must immediately notify us in writing of any loss
or damage. You must pay us compensation for each Image lost or damaged at the
rates specified on the delivery note which are a genuine pre-estimate of the
loss which we will suffer. Any Image returned without its mount or with its
caption or other mount data missing or defaced, may incur a replacement charge
at the rate set out in the delivery note. Payment of compensation does not entitle
you to any additional rights in the material. An Image subsequently found must
be returned immediately. If it is undamaged you will be credited with any compensation
paid less a rental fee at the rate set out in the delivery note from the Return
Date to the date the Image is returned. Such credit will never be less than
20% of any compensation paid.
Licence for Use of Images
8) The reproduction by whatever means of the whole or
any part of any Image (including, without limitation, slide projection, artist's
reference, artist's illustration, layout or presentation of Images) is strictly
forbidden without our specific written permission. You must inform us of your
proposals as to when and how an Image is intended to be used. We will then consider
whether we would wish to grant a licence and, if so, on what terms.
9) No reproduction rights are granted by virtue of delivery
of Images unless expressly indicated. Your right to reproduce an Image arises
only if
a) licence terms are agreed and
b) our invoice relating to the grant of such right is fully paid. Any reproduction
before payment of the invoice or outside the terms of any licence constitutes
an infringement of copyright and also a breach of this Agreement entitling us
to rescind and claim damages. You must indemnify us in respect of any claims,
damages, costs or expenses we incur arising from any reproduction of any Image
supplied to you.
10) You must satisfy yourself that all necessary rights,
model releases or consents which may be required for reproduction are obtained
and that the use of any image is not obscene, indecent, libellous or unlawful.
We make no claim or warranty with regard to your use of content, names, text,
people, trademarks or copyright material depicted in any Image and you will
indemnify us in respect of any claims, damages, costs or expenses we incur arising
from the use of any Image supplied to you.
11) Reproduction rights (if granted ), unless otherwise agreed in writing are
a) subject to these terms and conditions and any terms and conditions set out
in the delivery note and licence/invoice,
b) non-exclusive, non-transferable one-time single reproduction rights for single
use. A one-time single use means a reproduction in
one size for one edition of a single publication, published in one language
only,
c) strictly limited to the use, period of time, medium, print run, reproduction
size of Image and territory and other restrictions stated in the licence/invoice;
d) personal to you and not assignable by you to any third party.
12) If we agree that you may license the use of any Image
to any third party, you shall enter into an agreement with such third party
to ensure that they are bound by licence terms restricting printing, copying,
networking, multiple access or other use of the Images to personal use only,
forbidding the assignment, resale, rental and lending of the Image and ensuring
that credit is given to us and the author.
13) You must credit us and the author as specified by us (i.e. ©
photographers name/travimage.com) every time an Image is used. If
you fail to credit the Image correctly, an added 100% of the original licence
fee will be payable.
14) Images shall not be altered or manipulated, added
to, or have any part deleted without our prior written consent.
15) You must provide us on publication with at least two
complimentary copies of any publication in which the reproduction of the Image
appears.
Digital Use of Images
16) You acknowledge that Images are our valuable property,
as are any digital images created from the Images (" Digital Images").
17) You may not create, store or transmit Digital Images
without our permission except so far as is incidentally and wholly necessary
to the process of producing items licensed by us. If permission is granted the
following conditions apply:
18) Each Digital Image created by you shall be recorded
and labelled with the Image reference number used by us and our copyright credit
information as an integral part of the image file, and held on an electronic
database under your sole possession and control.
19) Unless otherwise agreed, any Digital Image you create
must not be greater in size than 640x480 pixels, 72ppi. Any use of the Digital
Images shall be in a format designed so that it will not be possible to alter,
manipulate or adapt any Digital Image in any way during the normal course of
using the product.
20) You agree to destroy all Digital Images including
any pre-press or pre-production copies of the Images and any copies or records
of the Images held on a database within 90 days of the date of receipt of the
Images or completion of the maximum production run, or expiry of the licence
term, whichever is later.
Miscellaneous
21) While we take reasonable care in the performance of
this agreement, we shall not be liable for any loss or damage suffered by you
or by any third party arising from use or reproduction of any Image or its caption.
Damages for any other breach shall be limited to the licence fee paid by you.
22) You must pay our invoice within 30 days of issue.
However in the case of newspaper, periodical and broadcasting use only, if we
agree in advance, you may pay by the end of the calendar month immediately following
publication or use, or within six months of the issue of our invoice, whichever
is sooner.
23) If you do not pay in accordance with these terms then
we may at our option rescind this Agreement and recover damages, or charge interest
from the date payment was due until payment is made.
24) Any licence granted will terminate immediately if
you
a) die,
b) enter into voluntary or compulsory liquidation;
c) have a receiver appointed; or
d) fail to perform any of your obligations under these Terms and Conditions
within 28 days of our giving you notice to comply. In the event of termination,
all rights granted will immediately revert to us and any further exploitation
of any Image shall constitute an infringement of copyright.
25) Any publication right arising from your use of any Image shall
vest in us and you hereby assign all such rights arising to us.
26) Our failure to exercise or enforce any of our rights
will not be deemed to be a waiver of such rights nor bar their exercise or enforcement
in future.
27) Should any disagreement arise between us, we shall,
if we both agree, first try to settle it by a mediation procedure.
28) These Terms and Conditions shall be governed by the
laws of the Federal Republic of Germany and the parties agree to submit to the jurisdiction of
the German courts, such jurisdiction to be exclusive, save for infringement
of copyright or non payment of our invoices where it will be non-exclusive.
GDPR
Your privacy is extremely important to us. We will not share any data with third parties without your express consent.
You can use our website without providing any personal data.
The provider of our website will automatically store information automatically transmitted by your browser in Server Log Files (URL, IP addresses), the pages of our website that were viewed during your visit, any search terms that you entered, time and date of your visit (User Information). This information is collected even if you do not register with us. This information is not connected to you personally.
If you wish to use the features that require you to register with us to fully benefit from all facilities on our website (image download, light box), we will ask you to provide your name, job title, email address, postal address, telephone number, username and password (Personal Information).
If you have chosen to register on our site and have chosen a password, you are responsible for keeping your password confidential. Please do not share this password with anyone and please change it in case you suspect that someone has gained access to it.
We may also use Personal Information given to us by you voluntarily (online or in paper) to inform you about events, products or special offers that may be of interest to you.
Our website does not use Cookies.
We will not share any of your Personal Information with third parties without your express consent.
You have a right to request whether we hold Personal information about you. If you have given us consent to process your personal information, you have the right to request access, correction, erasure, restriction, transfer and the right to withdraw consent. Please contact us at: travimage @ travimage.com.
Links to other websites: This GDPR/Privacy Policy does not cover any other links on this website linking to other websites. If you have questions about how a site uses your information, please refer to the GDPR/Privacy Policy on that site.
We may from time to time make amendments to the Terms and Conditions
in this Agreement. These amendments will be made without prior notice to you.
Ownership: This site is owned and operated by travimage.com/mecky fogeling.
All content, but not limited to, text, graphics, photographic images, moving
images, sound (the content) are the exclusive property of travimage.com
/ mecky fogeling and may not be copied via any means. You shall indemnify travimage.com
/ mecky fogeling against any losses, expenses, cost or damages incurred as a
result of your breach of the Agreement or your unauthorized use of the content
and its related rights.
Disclaimer: This website and its content are provided on an as is
basis. travimage.com makes no warranties, express or implied, including but
not limited to the implied warranties of merchantability, fitness for a particular
purpose, error-free and/or uninterrupted functioning.
travimage.com uses reasonable efforts to ensure the accuracy, correctness and
reliability of the Content on our site, but we make no representations or warranties
as to the accuracy, correctness and reliability. You agree that you are using
this site at your own risk.
©
2018 travimage.com