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Terms of Business
1)
www.bildarchiv-hamburg.de
("the archive") is a initiative of Christoph U. Bellin
("the site's operator"), who is responsible for its contents.
The site's main objective is to create an informative photographic
documentation of the City of Hamburg and its historical development.
Beside that the rights to use the photos are for sale.
2)
The pictures in this internet archive (www.bildarchiv-hamburg.de) are
protected by copyright. Persons using images from this archive must
abide by the following Terms of Business in their entirety. If an image
is downloaded or placed on a page by means of hyperlink, then these
Terms of Business are considered to have been accepted and agreed to in
full. Any arrangements, other than those here outlined, must be agreed
to in written form.
3)
A business transaction consists in the use of images taken from the
pages of the internet presentation www.bildarchiv-hamburg.de.
Use of such images means, in particular, the act of downloading image
files and/or adding such images by hyperlink to a database or to any
website other than www.bildarchiv-hamburg.de.
4)
For each and every commercial use of images it is necessary to obtain
permission and to pay a fee. Activities included in this category of use
are: the use of images as a model for illustrations or the use of
portions of images in photomontage.
5)
Before any image from this site is used, the site's operator must be
informed of the precise type of use to be made of said image. Permission
for use of an image depends totally on the type of use. For any
additional use, one must once again obtain the permission of the site's
operator.
6)
Fees are determined according to the recommendations of the German
Association of Small and Medium-sized Photo-marketing Businesses
("Mittelstandsgemeinschaft Foto-Marketing"). Fees must be
agreed upon before making use of any image from the archive.
If the user fails to contact the site's
operator and make a fee agreement before using an image, the site's
operator, using his own schedule of rates, will then assess the amount
of the fee that must be paid. If the user fails to make known the
particular type of use intended, then the site's operator will charge a
flate rate for use of images.
7)
Publishing of images - whether in magazine or book form, in the Internet
or in any other electronic media - is only allowed when a reference to
the source of the image is made. If no reference to the image source is
made, then an surcharge equal to 100% of the original usage fee will be
due and payable immediately.
8)
Any use of image files without permission of the site's operator is
considered an unauthorized use. Persons making unauthorized use images
will have to pay, for each image, a minimum fee equal to five times the
flat-rate charge for using an image. This applies also to the case of
passing images on or making them available to third parties.
9)
These Terms of Business apply even if images are used outside of Germany.
10)
Should one clause in these Terms of Business be determined as
inoperative, the remaining clauses continue to hold their full validity.
The inoperative clause will be replaced by an agreement, which, while
adhering to the law, shall come closest to representing the will of both
parties.
11)
All legal actions or proceedings with respect to enforcing adherence to
these Terms of Business shall be brought in the courts of the City of
Hamburg. All parties entering into this agreement hereto accept the
jurisdiction of aforesaid courts.
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