Terms and Conditions

The service of Automedia-Online was mainly introduced for journalists, which have the possibility to order the pictures online or download them from our server. Private people are welcome to enjoy our site.

Informations about royalties cannot be given on this site as the fees depend on the type of use. We would greatly appreciate if you would contact us by e-mail, fax or phone in order to get more informations.

1. Acquisition of Utilization Rights
We reserve the right to make amendments to our quotations. Every acquisition of utilization rights and the use of photographs / videos / picture files as sketches, layout masters or in so-called Online-Services requires our prior written consent and is subject to the payment of a fee. If no explicit consent is issued, use is deemed to be consent, and the licence fee (royalty) listed on the delivery note is deemed to be accepted. The limits of the licence, contained in our declaration of consent and any terms of any type mentioned on our delivery note, may not be exceeded or reduced. We expressly draw attention to the fact that any use of picture material supplied by us in any known form of electronic media and in any form of electronic media which shall become known (e.g. Internet, CD-ROM etc.), as well as in any broadcasted form (radio, television etc.), is subject to the payment of a fee. Violations of copyright will be pursued in civil and criminal law.
 
2. Loan
All photographs / videos / picture files remain our property and are made available only on loan. Transfer to third parties - including bound persons/companies - is not permitted.
 
3. Selection Period
We ask you to return photographs / videos / picture files, for which no licence is to be acquired, within seven days. Picture files stored on other memory mediums than made available by us have to be deleted. Any extensions of this selection period require a specific agreement and our written consent.
 
4. Scope of the Licence
For each photograph / video / picture file, one single-user licence is granted for one use, one type of use and only for one edition/print-run. Different types of use, multiple use, use for several editions, reprints or new editions require a specific agreement and our written consent. In each case, further licence fees will be charged. The transfer of the licence to third parties is not permitted. Except where otherwise agreed, the issued licence becomes void 9 months after the date of our declaration of consent. Thereafter, further use is not permissible. The granting of an extended term to allow full use requires our prior written consent. The restrictions on the exercise of the licence, specified on the delivery note, are to be complied with. Photographs / videos / picture files, for which we have granted licences, are to be returned to us immediately as soon as they are no longer needed by the acquirer of the licence. Picture files stored on other memory mediums than made available by us have to be deleted.
 
5. Damaged Deliveries
If the recipient should receive damaged or incomplete deliveries, we ask for immediate written notification of this, at the latest one week after receipt. Otherwise, the photographs / videos / picture files are deemed to have been received by the recipient in good condition and as per the delivery note.
 
6. Damage and Loss of Ordered Photographs/videos/picture files
If ordered photographs / videos / picture files are lost, damaged or returned in a processed or otherwise impaired condition, we are entitled, without bringing evidence of the level of damages, to levy a compensation surcharge of DM 5,000.-- for videos, DM 1,000.-- for slides, DM 200.-- for colour prints and picture files stored on memory mediums made available by us and DM 100.-- for monochrome prints. Evidence of a higher level of damages is not excluded. The payment of compensation does not give any entitlement to the acquisition of licences.
 
7. Use without Consent
If photographs / videos / picture files are published without prior written issue of the licence, we are entitled to demand the licence fee listed on the delivery note respectively a fee appropriate to the use.
 
8. Payment
Our invoices are due for payment 4 weeks after receipt, net and with no deductions. Where appropriate, VAT is invoiced separately. If the licensee is late in payment, we are entitled to countermand the exercise of the issued licence, and to invoice late payment interest of 2% over the current discount rate of the state central bank. If the customer ceases his payments, or if bankruptcy or composition procedure is initiated against his assets, or if he enters an out-of-court settlement procedure, we are entitled to prohibit the exercise of licences until our demands have been settled. The term of the licence is not extended by such measures.
 
9. Liability
If the licensee is entitled to claim compensation for damages from us for any reason whatsoever, it is agreed that the level of damages is restricted to the level of the licence fee charged to the licensee for the photographs / videos / picture files concerned.
 
10. Administrative Charge
An appropriate administrative charge is made for processing the requested selection packages, dependent on the type and extent of the work required.
 
11. Copyright Mark, Published Copy
Any photographs, videos or picture files published are to be provided with a copyright identification, enabling the photograph / video / picture file concerned to be readily attributed. The user will send us one published copy of any publication / video respectively the address under which the photographs / videos / picture files have been published in so-called on-line services free of charge and unsolicited by us.
 
12. Jurisdiction and Place of Performance
Except where any deviating agreement is made in writing, the place of performance is Hamburg. Where permissible, the court of jurisdiction is Hamburg. We are, however, entitled, at our discretion, to take legal action against the client in the place of his registered office. All transactions are subject exclusively to German law.
 
13. Purchase Conditions
We cannot recognize any purchase conditions which contradict these conditions. We are not under any obligation to accept such conditions, even if we do not explicitly contradict them. The dispatch of requested selection packages and the issue of licences takes place under the condition that the customer recognizes our conditions as having exclusive application.

If you have any further questions please contact us on Fax +49 700 28 86 32 99 or E-Mail INFO@AUTOMEDIA-ONLINE.COM