1. These Usage Terms and Conditions regulate exclusively the usage of the Internet offerings operated by ROCKENFELLER & GÖBELS FOTOGRAFENAGENTUR at www.www.fotografenagentur.de including all subpages (hereafter, “Web Site”) as well as the services and content offered in this context. However, they do not regulate the further business relationships which you have possibly entered into in the past outside of the web site or will enter into in the future with ROCKENFELLER & GÖBELS FOTOGRAFENAGENTUR.
2. Through the use of the web site, particularly through the downloading of content and/or registration upon the Web Site, you are accepting the validity of these Usage Terms and Conditions. Do not use this Web Site if you do not agree with the validity of these Usage Terms and Conditions. If you use General Terms and Conditions which deviate from these Usage Terms and Conditions herein, these General Terms and Conditions shall not be acknowledged under any circumstances.
3. The use of the Web Site is not permitted to minors and other persons not able to undertake business transactions or who are only able to do so in a limited capacity. Thus, do not use this Web Site if you are not fully able to undertake business transactions.
§ 2 Rights to content
1. All content of the web site, particularly the photographs, computer-generated images (CGI) and artistic images of the artists presented are protected by law. Any use of the Works which extends beyond the usage described in § 3 of these Usage Terms and Conditions is permitted only after having obtained the prior express consent of the owner of the rights (see § 3 Clause 4).
2. You assure that you will respect the rights to the Works and use them only in accordance with § 3 of these Usage Terms and Conditions and also expressly declare that, in the event of unauthorised use, you agree to pay a contractual penalty (see § 4).
§ 3 Permitted usage
1. Upon the Web Site, you will be offered the option to send and/or download the Newsletter that ROCKENFELLER & GÖBELS FOTOGRAFENAGENTUR is posting.
2. The granting of rights in accordance with Clause 2 of § 3 expressly includes only the rights of use following copyright law of photographers or art work, but not any other possible property or other rights, e.g. the rights of persons portrayed, the rights to artistic works depicted or the rights to protected logos depicted.
3. You yourself, as the user of the Works, are responsible for the clarification of all rights which are not expressly granted to you in Clause 2 of § 3, particularly also the property and other rights defined in Clause 3 of § 3. ROCKENFELLER & GÖBELS FOTOGRAFENAGENTUR provides no guarantees or warranties in this regard whatsoever.
4. If you would like to commission one of the artists presented or use Works beyond the scope of use described in Clause 2 of § 3, please contact the person listed on the Web Site for the respective Work. The contacted person will be glad to provide you with information, to discuss with you the awarding of jobs to artists and conduct any related negotiations in this respect or to inform you of the rights available to the respective Works and to negotiate any corresponding licenses.
§ 4 Unauthorised usage
1. If you reproduce, disseminate, make publicly accessible, process or otherwise use the Works in an unauthorised fashion, i.e. beyond the scope of use specified in § 3 Clause 2, you shall be obliged to pay to the respective artist a contractual penalty of five times the customary usage fee. In the absence of such a customary usage fee, you shall be obliged to pay five times the fee prescribed for the respective use in the fee recommendations of the German Association “Mittelstandsgemeinschaft Foto-Marketing”.
2. In the event that you, during the course of your authorised or unauthorised use of the Works, violate the artist’s right to be named, you shall be obliged to pay to the respective artist a contractual penalty in the amount of 100 % of the customary usage fee. In the absence of such a customary usage fee, you shall be obliged to pay 100 % of the fee prescribed for the respective use in the fee recommendations of the German Association “Mittelstandsgemeinschaft Foto-Marketing”.
3. The right of asserting more extensive damage compensation claims in accordance with the statutory provisions shall remain unaffected by the provisions of the aforementioned clauses.
4. By means of the payment of damage compensation or a contractual penalty, you acquire no rights of use to the Works which have been used in unauthorised fashion.
§ 5 Liability restrictions
1. ROCKENFELLER & GÖBELS FOTOGRAFENAGENTUR shall be liable only in the event of the culpable violation of essential contractual obligations or if the damages are attributable to gross negligence or intentional wrongdoing upon the part of ROCKENFELLER & GÖBELS FOTOGRAFENAGENTUR or its vicarious agents or representatives. If the culpable violation of an essential contractual obligation is not attributable to gross negligence or intentional wrongdoing, then the liability of ROCKENFELLER & GÖBELS FOTOGRAFENAGENTUR is limited to contractually typical, foreseeable damages. This liability restriction shall also apply in all cases of gross negligence if there has been no culpable violation of essential contractual obligations.
2. In particular, ROCKENFELLER & GÖBELS FOTOGRAFENAGENTUR makes no guarantee or assumes no liability that the Web Site’s data are free from damaging data of any kind (e.g., computer viruses).
3. The liability of ROCKENFELLER & GÖBELS FOTOGRAFENAGENTUR owing to loss of life, physical injury or damage to health or other mandatory statutory provisions shall remain unaffected by the provisions of Clause 1 of § 6. No reversal of the burden of proof at the expense of the user is associated with the provisions of § 6.
§ 6 Indemnification from liability
You shall be obliged to indemnify ROCKENFELLER & GÖBELS FOTOGRAFENAGENTUR from all claims which third parties assert against ROCKENFELLER & GÖBELS FOTOGRAFENAGENTUR or the author of the affected Work owing to the use of the Work or Works which you have downloaded from the Web Site or through the use of your registration data unless your use was permitted in accordance with § 3 of these Usage Terms and Conditions. Furthermore, you shall be obliged to reimburse ROCKENFELLER & GÖBELS FOTOGRAFENAGENTUR or the affected author for any appropriate legal defense costs incurred.
§ 7 Final provisions
1. In the event that one or more of the aforementioned provisions of these Usage Terms and Conditions should be or become invalid, then the validity of the remaining provisions shall not be affected by this.
2. If the user is a businessman, public law entity or a special fund under public law, then the residence of ROCKENFELLER & GÖBELS FOTOGRAFENAGENTUR shall be the place of performance and exclusive jurisdiction for all legal disputes originating from the use of the Web Site.
3. Exclusively German law shall apply to the legal relationships of the parties subject to the express exclusion of the United Nations Convention on Contracts for the International Sale of Goods.