// general terms and conditions of gumzmedia

i. general

the following general terms and conditions (hereafter termed gtc) apply for all conducted assignments, proposals, consignments, and services by and of gumzmedia (hereafter termed gm).
they are considered effective with the acceptance of the consignment or service and proposal from gm by the client, respectively, at the latest with the acception of material for publication, however.
if the client wishes to object the gtc, this has to be declared in writing within three workdays. differing gtc of clients are hereby objected. differing gtc of clients do not become effective unless gm explicitly recognizes them.
within the context of an ongoing business relation the gtc remain effective for all future assignments, proposals, consignments, and services by and of gm even without explicit inclusion.
gm does not assume liability for violations of personal rights, copyrights, and miscellaneous rights as well as consequential costs caused by usage.
without written permisson of gm it is not permitted to download, save, or publish any logos, pictures, texts, reports, excerpts, and files of the website in any way. contraventions will be prosceuted without consideration for individuals, groups, associations, companies, and institutions, including indemnity claims according to § 2, 72,13, 97 urhg.

 
ii. conveyed material

the gtc apply for all material conveyed to clients no matter in which technical form it is received. they especially apply for electronically and digitally transmitted material as well.
the client recognizes that photographs supplied by gm are copyrighted photographic works of art according to § 2 paragraph 1 number 5 urhg.
the conveyed material remains property of gm even in case of damages being obtained.

 
iii. rights of use

the client generally acquires only a non-exclusive tight of use for onetime use only.
exclusive rights of use, media related or spatial exclusive rights of use or holdback periods have to be agreed upon separately.
only the right of use for onetime use of the material and for the purpose stated by the client and in the publication and in the medium or the storage device stated by the client or the circumstances accruing from the assignment is transferred with the consignment. in case of doubt the object for which the material has been provided is decisive.
every usage, application, reproduction, distribution, or publication extending beyond number 3 requires the payment of a professional fee and the previous written permission of gm. this particularly applies for secondary usage or secondary publication, backdrops, for advertising efforts, or other reprints, the digitalization, storage, or duplication of the material on data storage devices of all kinds provided that this does not solely serve the technical processing according to number iii paragraph 3 gtc, every form of reproduction or usage of the data, every form of recording or displaying of the data on the internet, the passing on of digitalized materials by means of data transmission or on storage devices that are suitable for public playback or for the production of hardcopies.
manipulations of the photographs by means of photo composing, montage, or by means of electronic tools for the creation of a new copyrighted work are only permitted with previous written approval by gm and only if labeled with (m). previous written approval by gm is also required if the material is used as template for drawings, reenactment, photographs, or otherwise as a subject.
the client is not entitled to entirely or partially transfer the rights of use accorded to them to third parties including other companies or subsidaries.
every utilization, rendition, or disclosure of the material os permitted only on the condition that the copyright mention stated by gm is applied in unequivocal attribution.


iv. liability

the content provider / photographer does not assume any responsibility for the infringement of rights of depicted individuals or objects, unless an according release form is attached. the acquisition of of rights of use hich extends beyond the photographic copyright as well as the obtaining of permissions to publicize in collections, museums, etc. is for the client.


v. royalties

the professional fee agreed upon is binding. of no professional fee has been agreed upon it is determined by the respective guideline of professional fees for photography by the Mittelstandsgemeinschaf Foto-Marketing (MFM). the professional fee is understood plus the respective and applicable value added tax.
the professional fee applies for onetime use of the material only and only for the purpose agreed upon according to number 3 paragraph 3 or 2 gtc. if the professional fee is to provide for further use of the material a written agreement is required.


vi. penalties and damages

any unauthorized (taking place without the approval of gm) usage, application, presentation or disclosure of the material will lead to the payment of penalties in every single case and pending the payment of further damages.
the payments mentioned in number vi do not constitute any tights of use.
 
 
vii. legal matters / place of fulfillment

the law of the federal republic of germany is considered to be agreed upon, including cases of delivery to foreign countries.
side agreements to this contract or to this gtc require the written form to become effective.
any voidance or ineffectualness, respectively, of one or more terms of this gtc does not affect the effectuality of other terms by their replacement with terms of equal purport that come closest to the economically and legally intended provisions.
the place of fulfillment and the place of juristiction is bremen.
 

bremen (march 2014)