Last updated: April 9, 2019
§1 Subject matter of the contract
The object of the contract is the granting of a license to use selected images from the image databases of imago images.
imago images is the joint brand of imago stock&people GmbH and imago sportfotodienst GmbH.
The entire license material is protected by copyright and always remains the property of imago images and its licensors and is made available exclusively for the acquisition of simple rights of use within the meaning of copyright law.
Licenses via the web shop can only be acquired by customers who have not made any other currently valid price agreements with imago images.
imago images grants the customer licenses to use the offered images.
In this sense, use is the one-time use of an image in a specific editorial contribution.
For each use of an image, an independent license must be acquired (e.g. by purchasing individual licenses or within an ongoing package agreement by downloading the corresponding file). For PR material (e.g. film stills) and poolfotos no license fee but a processing fee of the same amount is charged.
For each new use of a previously used image, an additional, independent license may also be required. This must be done by purchasing a single license or by downloading within a current image package before publication. Otherwise it is an unauthorized use, which must be indicated by the customer immediately. This applies to the use in physical reproductions as well as in digital media.
Passing on the image material or content in which the image material is used to third parties is not permitted.
imago images guarantees that it is entitled to grant the license of use granted under this contract at the time the image material is made available.
The granting of rights includes the right to edit the images, the use of the images only in extracts, if applicable, in compliance with the copyright owners' rights of work integrity, as well as the use of the images in conjunction with works of other rights holders.
The applicable provisions relating to the personal rights of depicted natural or legal persons must be observed. In general, the defamatory or distorting use of the photographic material is to be avoided.
Pictures for which a model release is available are marked accordingly.
Rights to any artistic works depicted cannot be obtained by imago images. In general, images with corresponding motifs may not be used independently of a reference to the editorial context (e.g. use of film stills only if the film is reported).
imago images must be informed as soon as possible of any claims for damages.
If the images are printed or otherwise published, a copyright notice must be made in the form imago images / name of the photographer.
The customer is responsible for ensuring that the images are published in digital media in a manner that excludes any use of the images beyond the simple rights of use granted in the contract, e.g. through security measures such as download protection, copyright or watermarking in the image or a restriction of the pixel size of the published image.
Customers with billing addresses outside Germany may not be allowed to use certain images, the images are marked accordingly.
§ 3 Licenses
3.1 Image Packages
By purchasing one of the image packages below, the customer acquires the right to download a fixed number of images within 12 months.
Each download corresponds to the granting of a license for one-time publication in accordance with the provisions in §2. If a picture loaded by a customer is not subsequently used, there is no entitlement to replacement or refund.
For further uses (e.g. commercial uses) the customer can make agreements for individual packages with imago images.
The image packages contain a certain number of downloads. The customer can choose whether he wants to load the images in high resolution or in medium resolution.
The payment of the fee takes place against invoice. The invoice is issued at the beginning of the term. The invoices are due for payment net within 10 days of the invoice date.
imago images is entitled to change prices at any time and will inform the customer of this in good time. For image packages already booked and paid for, price changes will become effective at the earliest with the next booking. Web / Presentation Package: Images can be used once in an editorial context on a website, a social media channel, newsletter or for a digital presentation. Further licensing, promotional use, use as a commercial product or use within a printed product is excluded.
Small editions - package: Images can be used once in an editorial context on a website, a social media channel, newsletter or for a digital presentation or lecture. Also included is use in print products with a print run of up to 3,000 copies. Further licensing, promotional use or use as a commercial product is excluded.
All media packages: Images can be used once in an editorial context format-independently. In particular, the license includes editorial use on a website, social media, newsletters, presentations, editorial print products, film, television, exhibitions and info screens as well as their respective digital equivalents (cross-media use). Further licensing, promotional use or use as a commercial product is excluded.
3.2 Acquisition of Individual Licenses
With the purchase of a single license, the customer receives a license for one-time editorial publication in accordance with the provisions in §2. If a picture for which the customer has purchased a license in this manner is not subsequently used, there is no claim to replacement or reimbursement or waiver of the invoice.
For commercial uses or other uses which are not described below, the customer can make individual agreements with imago images.
The payment of the fee shall be made against invoice as well as the other payment options offered. The invoice will be issued immediately after the purchase of individual licenses. In the case of a purchase on account, the invoices are due for payment net within 10 days of the invoice date.
Web / Presentation - License: The picture can be used once in an editorial context on a website, a social media channel, newsletter or for a digital presentation. Further licensing, promotional use, use as a commercial product or use within a printed product is excluded.
Small editions - license: The image can be used once in an editorial context on a website, a social media channel, newsletter or for a digital presentation or lecture. Also included is use in print products with a print run of up to 3,000 copies. Further licensing, promotional use or use as a commercial product is excluded.
All media licenses: The image can be used once in an editorial context format-independently. In particular, the license includes editorial use on a website, social media, newsletters, presentations, editorial print products, film, television, exhibitions and info screens as well as their respective digital equivalents (cross-media use). Further licensing, promotional use or use as a commercial product is excluded.
§ 4 Other terms of agreement
The right of both contracting parties to terminate the contract for good cause remains unaffected. An important reason is e.g. if:
the customer makes untrue statements within the scope of his registration, the customer does not pay the fee despite a reminder from imago images, the customer does not comply with the GTC or the license terms, imago images stops the operation of the image databases in whole or in part.
imago images may block the user account in the event of breaches of the agreed contract, breaches of the rights of third parties or breaches of copyright without prior notice to the customer. The customer will be informed by imago images after the block. The block exists until the infringement has been remedied and the customer has assured the omission of future infringements in a suitable manner. If the customer does not comply with the GTC or the license terms or does not pay the fee in due time, imago images may block the user account and terminate the contract without notice.
The customer is responsible for providing correct, current and complete information upon registration. The customer is responsible for all retrievals of image material via his user account and may be liable to pay. In the event of loss of access data or suspicion of data misuse, the customer shall immediately inform imago images thereof.
If the customer passes on his access data to other persons, it is the responsibility of the customer to ensure that these persons are informed about the license terms. In the event of termination, imago images shall not refund any fee that has already been paid by the customer. If the client does not comply with the terms of the contract or does not pay the fee in due time, imago images may terminate the contract without notice. imago images is entitled to exercise all rights and remedies, including the right to claim damages.
§ 5 Final provisions
The clearing between imago stock&people GmbH and imago images sportfotodienst GmbH is the responsibility of imago images.
imago images reserves the right to review the use of the image material and to comply with the license terms.
The customer shall make available to imago images free of charge upon request and after reasonable advance notice, specimen copies of projects and uses of the licensed photos. This also includes free access to any paid websites or platforms on which imago images images are used.
Should provisions of this contract be wholly or partially invalid or unenforceable or lose their validity or enforceability later, the validity of the remaining provisions shall not be affected thereby. The same applies in the event that the contract contains a loophole. In place of the invalid or unenforceable provisions or to fill the gap, an appropriate provision shall be added which, as far as legally possible, comes closest to the intent of the contracting parties according to the spirit and purpose of the contract, as if they had considered the point at the conclusion of this contract or by the later inclusion of a provision.
The customer can send notifications regarding these license terms by e-mail to imago images will reply or notify the customer by e-mail to the e-mail address specified in the user account.
The license terms are subject to the laws of the Federal Republic of Germany.
The exclusive place of jurisdiction for all disputes arising from or in connection with these License Terms is Berlin.