A. General Terms and Conditions of Business of Rosskothen Design for the acquisition of usage rights to photos

I. General

1. All quotations are made without commitment, and subject to availability, description and price. Deliveries, electronic deliveries and the granting of usage rights to photos is made exclusively subject to the following General Terms and Conditions (GTC) of Business of Rosskothen Design.

2. By completing the ordering process, opening the packaging of data media (removal of the protective film and/or the Rosskothen Design seal) or by using imagery (other than calling up the website), the customer acknowledges the exclusive applicability of the GTC of Rosskothen Design. Varying terms and conditions or subsidiary agreements may only be agreed on request and with the written confirmation of Rosskothen Design.

3. A license contract also comes into effect on completion of the online ordering process and written acceptance (order confirmation) by Rosskothen Design. The contract language is German.

4. Rosskothen Design processes customer data exclusively for the purposes of fulfilment of the contract, maintenance of ongoing customer relations, and to the extent prescribed by commercial or tax law. Service providers concerned (e.g. delivery services) or banks are only provided with customer data if and insofar as is essential for fulfilment of the contract. On completion of the contract, the following contract information will be stored by Rosskothen Design: Name, date of birth, company name, e-mail address, address, district, postcode, town, state, country, telephone number, telefax number, method of dispatch, payment method and the products purchased by the customer, and will be deleted again to the extent and at the time prescribed by law. All information stored will be notified to the customer on request.

5. Photo material will be provided exclusively in digital form. Where data media are provided for this purpose, these remain the property of Rosskothen Design.

II. License conditions

1. The customer receives only the usage rights defined below. The fact that the Internet site contains preview images does not constitute any usage right.

2. The rights granted to the customer by Rosskothen Design are in all cases simple, non-exclusive and non-transferable usage rights, unless specified otherwise.

3. Usage purpose
The customer must specify the usage purpose when ordering photo material, and must on request provide information on the type, extent and duration of the past and intended usage throughout the complete license period (see 7. below).

a) Web and presentation image
If the customer selects the option “Web and presentation image” during the ordering process, he is allowed to use the photo on a website or in a digital presentation within the scope of the specified usage purpose. Such material may not be used in printed media or other print products (brochures, posters, periodicals, postcards, calendars, printed advertising materials etc.). Within the scope of the usage purpose specified by the customer, the use is restricted to a project or an individual customer order. If the customer intends to use the photo for several projects or several individual customer orders, new usage rights must be obtained.

b) Printed image
If the customer selects the option “Printed image” during the ordering process, he is allowed to use the photo for all media (e.g. printed materials, periodicals, web, presentations) within the scope of the specified usage purpose. Within the scope of the usage purpose specified by the customer, the use is

restricted to a project or an individual customer order. If the customer intends to use the photo for several projects or several individual customer orders, new usage rights must be obtained.

4. Modification
The photo may be modified by the customer for his usage purpose. The customer is however not allowed to make modifications which deface the work, or which might tend to cause personal disadvantage to copyright holders or holders of other rights to the photo, such as damages or defamation.

5. Use of work results, transfer of rights
All work results produced by the use of photos must be intended for the customer’s own use or that of the end-customer of the work. Usage rights to photos may not be transferred by the customer to third parties, unless this is essential for the agreed usage purpose or has been expressly agreed. Subsidiary licenses or modification rights may also not be granted to third parties.

6. Return of data media
Data media provided by Rosskothen Design remain the property of Rosskothen Design. They may not be passed on to third parties, either in return for payment or free of charge. At the end of the license period, they must be returned to Rosskothen Design at the cost of the customer, or destroyed.

7. Commencement, duration and type of use
The use of the image material is only allowed after Rosskothen Design has agreed to the specified usage purpose in writing, and the fee has been received. Usage rights are granted for the specified usage purpose only. If the customer intends to use the image material in any other way, he must obtain new usage rights from Rosskothen Design.

The usage right is granted for a period of 12 months.

a) If the customer selects the option “Web and presentation image”, use of the material is no longer allowed following the end of the license period. Exceptions: further use of the material as part of a website is allowed provided that the website remains unchanged after the end of the license period. If the website is redesigned after this time, new usage rights must be obtained. In case of use of the material as part of a presentation, new usage rights must be obtained if the presentation is changed significantly following the end of the license period.

b) If the customer selects the option “Printed image”, further processing or use of the material (e.g. in the creation of layouts) is no longer allowed following the end of the license period. The relevant image material must be destroyed, and the corresponding data deleted. The sale of digital products legally produced during the license period (e.g. calendars, postcards) remains unaffected.
The following uses are also allowed, following notification to Rosskothen Design:
Brochures: an identical reprint may be printed after the end of the license period. If the content of the relevant brochure is changed, new usage rights must be obtained.
Advertisements: an identical piece of artwork may continue to be used after the end of the license period. If new artwork is created or the old artwork amended, new usage rights must be obtained.
Other media (except for postcards, calendars, posters or large-format photos): the above exceptions apply accordingly (in general, use of the material is allowed following the end of the license period, provided that the original layout remains unchanged).

The commencement, duration and type of use may be agreed separately in individual cases. Such agreements require the written form.

8. Copies
The customer must provide Rosskothen Design with a copy of all media in which the material is used. The costs incurred will be borne by the customer.

III. Copyright reference

Every user must specify the photographer and any other copyright holders when using photos by means of a clear reference to the relevant image. This also applies in the event that a photo is edited. The customer must also ensure that this obligation is observed by his contract partners.

IV. Prices, delivery and payment conditions

1. All prices include value-added tax at the currently prevailing German rate.

2. Rosskothen Design reserves the right to send photos to the person placing the order either by e-mail (if the customer makes payment in advance, and depending on the volume of data) or on data medium by post (if the customer makes payment on delivery, and depending on the volume of data).

3. Delivery and dispatch costs: for deliveries within and outside Germany by post, or for sending an image file by e-mail, Rosskothen Design will apply a charge of € 5.80.

4. Delivery times are only binding in the case of written agreement. The delivery time will be extended appropriately in the event of labour disputes (e.g. strikes, lock-outs), legal and official regulations (e.g. import or export restrictions) or force majeure. In case of delay on the part of the seller, and after setting an appropriate additional period, the customer has the right to withdraw from the contract.

5. The fee is payable either in advance or on delivery, depending on the method of dispatch or delivery selected.

V. Guarantee

1. The contractual obligations of Rosskothen Design are restricted to the provision of data (where agreed) and the granting of usage rights to the extent specified. Rosskothen Design accepts no liability for the usability or suitability of photos for the intended purpose. Guarantee claims in this respect will not be acknowledged.

2. The text information displayed on our Internet site does not constitute any assurance or guarantee, unless it is confirmed to do so in writing by Rosskothen Design.

3. The customer must notify Rosskothen Design immediately and in writing of any faults in the photo material provided, and also give advance notification by telephone or telefax. This applies in particular for the qualitative condition of the photo material.

4. If the customer fails to report such faults immediately, Rosskothen Design accepts no liability for any costs already incurred and/or to be incurred.

5. If the product is faulty, the customer has the right, as specified in Nos. 1 – 4 above, to withdraw from the contract or require replacement delivery. The faulty product must be returned first.

VI. Liability

Rosskothen Design is liable for damages where such are caused by deliberate or gross negligence and to the extent required by law. Any further liability, especially for indirect damages or loss of profits, is excluded.

VII. Special restrictions

Photos may not, under any circumstances, be used for pornographic, defamatory, obscene, libellous, racist, fraudulent, injurious, immoral or illegal purposes. The customer bears the full responsibility for all legal consequences resulting from such uses.

VIII. Rights of third parties

1. In cases where photos are subject to further copyright or proprietary protection (art, architecture, personality rights etc.), it is the responsibility of the customer to establish in advance whether permission for the intended use must be obtained from third parties, and where necessary to obtain such permission.

2. If Rosskothen Design is not specified as the originator of the photograph, the photographer indemnifies Rosskothen Design against all claims. In case of infringement, the person concerned must settle the matter with the photographer direct.

IX. Copyright protection

All copyright to photos is the property of Rosskothen Design or the photographer whose photos are published on the website of Rosskothen Design, and is protected by German copyright laws, international copyright laws and agreements and other applicable laws. Usage rights are granted only to the extent specified. The photographers or Rosskothen Design retain ownership of all rights not expressly granted to the customer.

X. Infringement of obligations by the customer

1. If the use of the material by the customer leads to claims for compensation for damages by third parties, it is expressly stated that Rosskothen Design accepts no liability for this fact. Point VI. remains unaffected.

2. In the event of unauthorised use, reproduction or passing on of photos, a contractual penalty must be paid for each instance of such misuse in the amount of 5 times the usage fee.

3. In the event of an omitted, incomplete, incorrectly placed or unclear copyright reference, a contractual penalty must be paid in the amount of 100% of the usage fee.

4. If no copy is provided, or the customer fails to state which image has been used at what point in which publication, a contractual penalty must be paid in the amount of 50% of the usage fee.

5. No usage rights are substantiated by any of the payments made in accordance with Nos. 1 – 4 above.

XI. Concluding conditions, right of revocation

1. This contract is subject to the law of the Federal Republic of Germany, including for orders from, and deliveries to, other countries.

2. The possible invalidity of one or more conditions of the GTC does not affect the validity of the remaining conditions. The parties undertake to replace any such invalid condition with a corresponding valid condition which most closely approximates the original commercial and legal purpose intended.

3. Place of fulfilment is the head office of Rosskothen Design.

4. If the customer has a general place of jurisdiction in Germany and is a commercial entity, the place of jurisdiction is the head office of Rosskothen Design. § 105 UrhG (German copyright laws) remains unaffected.

5. If the customer has no general place of jurisdiction in Germany, the place of jurisdiction is the head office of Rosskothen Design. § 105 UrhG (German copyright laws) remains unaffected.

6. If the customer is a consumer in the sense of § 13 BGB (German Civil Code), he has the following right of revocation:

Right of revocation
You may revoke your contractual declaration within two weeks without having to state any grounds, either in text form (e.g. letter, fax, e-mail) or by returning the goods. This period begins at the earliest on receipt of this notification. The dispatch of the revocation notice or the goods is sufficient for the observation of the revocation period. Notice of revocation should be directed to:
Rosskothen Design
Haroldstrasse 58
47057 Duisburg
Germany

Consequences of revocation

In the event of valid revocation, all services received by either party must be returned, and any benefits obtained (e.g. interest) surrendered. If the services received cannot be returned, either in whole or in part, or only in a deteriorated condition, the corresponding value must be reimbursed. In case of the supply of goods, this does not apply where such deterioration of the goods is due solely to their examination or checking – such as would have been possible if the goods had been bought over the counter. You may also avoid the reimbursement of value by not making use of the goods as the owner, and refraining from any actions which might reduce the value of the goods. Goods sent by post must be returned. In case of returns from a delivery whose order value amounts to up to € 40, you must pay the costs of the return, if the delivered goods correspond to the ordered goods. Otherwise, the return is free of charge to the sender. Goods that cannot be sent by post will be collected from you.

Your right of revocation lapses prematurely if your contract partner has commenced provision of the services, with your express permission, before the end of the revocation period, or if you have brought this about yourself (e.g. by download etc.). The right of revocation does not apply in the case of sealed goods if the protective film and/or the Rosskothen Design seal have been opened or damaged by the customer.

Your Rosskothen Design Team

B. General Terms and Conditions of Business of Rosskothen Design for the acquisition of usage rights to DVD collections, textures and video clips