Terms of "Comicstills" image agency
Last update: January 2006
1. Validity of the terms
1.1. Cartoon/Comic images and other image-material ("material" in the following) will be offered by Comicstills on the basis of these terms only.
1.2. These terms apply exclusively. They remain valid for all future deliveries unless different terms are explicitly agreed on by both parties.
Customers' terms that differ from Comicstills terms will not be accepted and can only become content of contract if they are explicitly agreed on by Comicstills in written form.
2. Usage of material
2.1. Every instance of usage is subject to a fee and is illegal without the previous release certificate from Comicstills. This release certificate is submitted in written form or via e-mail.
2.2. After delivery or electronic transfer, all material remains the property of Comicstills.
2.3. Comicstills grants a simple, non-transferable right of use for the released material. The kind of use and its extent (i.e. run) are defined in the release certificate. Further limitations of usage that are named in text that accompanies the material in question are binding unless the customer is explicitly excepted from them in the release certificate.
2.4. The kinds of usage allowed for the material are defined in the release certificate. Any additional usage requires an additional permission by Comicstills that can be negotiated upon request.
2.5. The release granted by Comicstills authorizes the customer to a one-time use only, and only in the context and extent defined in the release certificate.
2.6. The customer can take actions such as duplication, distribution, public display etc., as long as they stay within the limitations of the respective rights of use, and are subserving the purpose of the agreed usage.
2.7. Editing, changing or reorganising of the material is not permitted unless being previously agreed on by Comicstills explicitly and in written form.
2.8. In the case of publication of the material, the customer is obliged to provide a copy to Comicstills immediately, free of charge and without further request. If used in printed form, the print run has to be indicated. If used online, the customer has to submit the URL and all necessary passwords.
3. Rights of third parties
The approval issued by Comicstills comprises the copyrighted rights of use of the material. Other rights of third parties, especially personal rights of depicted persons, trademark rights of depicted signs, copyrights of depicted works of third parties, or other trade mark rights must be checked by the customer. All necessary agreements must be obtained by the customer.
4. Mentioning of Comicstills and artist
Each and every use of material must include the corresponding copyright note that mentions the copyright holder(s) and Comicstills. In case of a violation of this duty, a contractual penalty, which is 100% of the usage-fee agreed on in the release certificate, applies. The enforcement of further claims for compensation or other claims remain untouched by this penalty.
5. Offensive context
Usage of material in political (including political campaigns), offensive or illegal contexts is inadmissible and makes the user liable to pay damages.
6. Transmission of the material
6.1. In general, the material is transmitted electronically via internet. Once the release has been issued by Comicstills, the customer is authorised to download the released material from the Comicstills website within the following 48 hours.
6.2. For every consignment through the mail, comicstills levies a processing fee of 5€. Shipping costs are paid by the customer.
6.3. The customer must check the material for completeness and defects. The customer is obliged to indicate incompletenesses or defects of the images within 72 hours after receiving the transmission or downloading the material, in written form, via e-mail or by telephone.
Deficient or incomplete material must be returned to Comicstills instantly. If the customer fails to do so within 72 hours, all objections to the material are void and comicstills is not liable for costs that have come about at that point or are in the process of evolving.
6.4. Images will always be submitted in the size and resolution indicated below the image on the website. Other formats may be obtained on demand but may be subject to an extra charge.
7. Indemnification and liability
7.1. For every unauthorized usage, processing, changing or further distribution of the material, Comicstills may charge a contractual penalty of 200% of the usual usage-fee unless the customer can prove that no damage has been done, or can prove that the damage done amounts to a lesser value. The enforcement of further claims for compensation or other claims remains untouched.
7.2. For every unauthorized usage, processing, changing or further distribution of the material, as well as in case of violation of rights named under 3., the customer must exempt Comicstills from any resulting claims of third parties.
8. Liability of Comicstills
8.1. Comicstills is principally liable only in case of intention or gross negligence.
8.2. Light negligence only falls within the responsibility of Comicstills if
a) life, health or bodies have been damaged or
b) a violation of contractual duties has occured and the compliance with those duties would have been of special importance for the attainment of the purpose of the contract.
8.3. In all cases, liability is limited to the damage that is typically predictable. There can be no liability outside of Comicstills’ responsibility.
9. Fees/terms of payment
9.1. The fee the customer must pay for the usage of the material is indicated by the price list of Comicstills at the time of the contract’s completion. Prices for usage types that are not listed are given on demand.
9.2. All fees indicated in offers, price lists or other documents are net amounts and do not include the statutory sales tax or, if applicable, the artists’ social security tax.
9.3. Unless otherwise stated, payments are due 30 days after invoicing. The invoice can be submitted electronically (e-mail). After 30 days, interest for delay falls due. In case of delay, Comicstills is authorised to levy a flat fine of 5 €. The enforcement of further damages because of the delay remains untouched.
9.4. Each and every granting of right of usage takes place under the suspending condition that the money owed has been paid to Comicstills.
10. Final Clause
10.1. Should one or more of the preceding terms be invalid, or become invalid, the validity of the rest of the terms remains untouched.
10.2. Place of fulfillment and jurisdiction for all requirements of this contract is Berlin, as long as the customer is a salesman and has no national place of general jurisdiction.
10.3. For all contracts between Comicstills and the customer, the laws of the Federal Republic of Germany are regarded as agreed.
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