Standard Business Conditions (SBC)

Media database / access

The media database is available to any member of the press, print and online media.

Every media will be asked to communicate on the usage of the photographs (such as purpose, type, field, duration of usage, as well as run (for print only)). The customer is responsible for the exactitude and completeness of these information.  

The usage of content is subject to a fee. The latter is regulated in the contract between athleticPICTURES Pressphotoagency and its customer. If no contract exists (in the written form), the price list (at purchase date) is used as reference.

The fee does not contain the value-added tax (VAT), which will be introduced a posteriori.

These standard business conditions constitute a valid contract between You and athleticPICTURES Pressphotoagency. Please read it carefully before You download any content of this database. This documents englobes the usages of any content of this database.

 

I.     General

1. The following Standard Business Conditions (short SBC) apply to every offer, delivery or activity executed by athleticPICTURES Pressphotoagency.


2. The SBC apply also to ongoing business connection, even without explicit inclusion. The SBC apply to any future offer, delivery and activity executed by athleticPICTURES Pressphotoagency.

 

3. Those SBC do not apply to mandate: those SBC do only apply to the web shop.

 

II.     Provided graphical material

1. The SBC apply to any graphical material provided to the customer, regardless of the price model or their physical support. Hence, they also apply to electronic or digitally available (or transmitted) graphical material.

 

2. The customer acknowledges that the photographic works provided by athleticPICTURES Pressphotoagency is copyrighted.

 

3. The provided graphical material remains the property of athleticPICTURES Pressphotoagency, even in the event of compensation.

 

4. Complaints concerning the content of the delivered consignment, the quality or condition of the graphical material must be communicated within 48 hours after receipt. Otherwise, the graphical material shall be deemed to be proper, conform to the contract and as indicated.

 

III.     Rights of use

1. With the delivery, only the right of use is transferred to the customer, enabling the latter to use the graphical material:

  - for the purpose

  - in the publication

  - using the medium (or physical support)

indicated by the customer (in the contract between athleticPICTURES Pressphotoagency and the customer), or which results from the circumstances of the order assignment.


2. Any use, exploitation, reproduction, dissemination or publication beyond the scope of clause 1 is subject to the payment of royalties and requires the prior, explicit and written consent of athleticPICTURES Pressphotoagency. This applies to the following (non-exhaustive) list:

 

- any duplication in anthologies, advertising measures, reprints etc.

 

- any processing, modification or alteration of the graphical material.

 

- the digitalization, storage or duplication of the graphical material on physical supports of any kinds (e.g. online), if this action does not serve solely the technical processing of the graphical material (i.e. if the precited technical processing, which falls of course under clause III.1.).

 

- any duplication or unauthorized use of the graphical material on the internet, in online database or in other electronic archives (i.e. including any kind of intranet, server in closed systems etc.).

 

- the transmission of the digitalized graphical material by means of data transmission or on data carriers suitable for public reproduction on screens or to produce hard copies.

 

3. Alterations of the graphical material by means of photo-composing, assembly or by any other means for the creation of a new copyrighted work need the written consent of athleticPICTURES Pressphotoagency. Furthermore, the mark “athleticPICTURES Pressphotoagency” needs compulsory to figure on the newly produced graphical material.

Any use of unbranded graphical material or photographed graphical material. The graphical material cannot be used as motif (theme).

 

4. The customer is not allowed to transfer the rights of use (granted to him) in whole or part to third parties, including other group or subsidiary companies.

 

5. Any use, reproduction or transmission of the picture material is permitted, provided:

 

- the previous clauses are fulfilled, i.e. any required written permission has been provided by athleticPICTURES Pressphotoagency.

 

- the photographer’s name (and copyright notice), as well as the source (i.e. athleticPICTURES Pressphotoagency) is affixed to the image in question.


6. Graphical material purchased as “private person” may not be passed onto media companies, nor made available to anyone by mean of general download. The image rights for private persons are limited to private use, as well as publication on social medias, using the person’s private account (here again, the copyright (name of the photographer and “athleticPICTURES Pressphotoagency”) is compulsory – see IX for details).


IV.     Liability

athleticPICTURES Pressphotoagency will not assume liabilities for the misuse of customer’s logins. Therefore, athleticPICTURES Pressphotoagency is in any case entitled to demand and charge the services rendered to the customer.

 

V. Prices

1. The prices are listed in the price list of  athleticPICTURES Pressphotoagency.

2. The prices can be customized by athleticPICTURES Pressphotoagency at any time.

 

VI.     Payment methods

1. The  customers have the following payment methods: paypal, invoice, credit card, advance (“cash before delivery”).


2. Only companies and associations can emit a written request to purchase graphical material via invoice. The payment term is per default 30 days. Please note that the purchase of graphical material using invoice may be disabled, as soon as the company receives its second dunning letter.

 

VII.     Return of graphical material (online)

The return of the graphical material is not allowed, if the artwork was purchased online, using the direct download feature of the database of athleticPICTURES Pressphotoagency.

 

VIII.     Contractual penalty, blocking, compensations

1.In the case of any unauthorized, successfully accomplished use, reproduction or transmission of the graphical material, a contract penalty of 5 times the usage fee shall be charged to the client. athleticPICTURES Pressphotoagency has reserves itself the right to claim further compensations.


2. In case of omitted, incomplete, incorrectly placed or unassignable copyright, a compensation of 100% of the usage fee shall be charged (to the client).

 

3. If the payment is not (entirely) made, and the dunning letter has been made, the account can be blocked until all payments have been settled.  


IX. Copyright / voucher (specimen copy)

1. In the event of publication, all images have to be marked with the copyright notice “Photo: “athleticPICTURES Pressphotoagency” / possibly photographer”.

 

2. athleticPICTURES Pressphotoagency receives a copy of every publication (e.g. print version, newspaper, PDF…) with information about the run and the distribution. If this is not done, athleticPICTURES Pressphotoagency is entitled to charge separately for efforts made to obtain the missing information.

 

X.     Miscellaneous

1. The law oft he Swiss Confederation applies.


2. The nullity or invalidity of one or more provisions of these SBC shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid provisions by means of a valid and effective provision which comes as close as possible to the intended regulation, both economically and legally.


3. Jurisdiction of athleticPICTURES Pressphotoagency is Pfäffikon ZH, Switzerland.

 

Effretikon, 4th April 2017