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Information according to § 5 TMG
Das mechanische Auge
Gneisenaustr. 67 40477 Düsseldorf
Commercial register: 1797752
Register court: Düsseldorf
Sales tax ID
Sales tax identification number according to § 27 a sales tax law: 10352112578
Responsible for the content according to § 55 para. 2 RStV
EU Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr.
You can find our e-mail address in the imprint above.
Consumer dispute resolution/universal arbitration board
We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Liability for contents
As a service provider, we are, in accordance with § 7 para.1 TMG is responsible for its own content on these pages under the general laws. According to §§ 8 to 10 TMG, however, we are not obligated as a service provider to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity.
Obligations to remove or block the use of information in accordance with general laws remain unaffected. However, liability in this regard is only possible from the time of knowledge of a concrete infringement. If we become aware of any such infringements, we will remove the content in question immediately.
Liability for links
Our offer contains links to external websites of third parties, on whose contents we have no influence. Therefore, we cannot assume any liability for these external contents. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal contents were not recognizable at the time of linking.
However, a permanent control of the contents of the linked pages is not reasonable without concrete evidence of a violation of the law. If we become aware of any infringements of the law, we will remove such links immediately.
The contents and works created by the site operators on these pages are subject to German copyright law. Duplication, processing, distribution, or any form of commercialization of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator. Downloads and copies of this page are only permitted for private, non-commercial use.
Insofar as the content on this page was not created by the operator, the copyrights of third parties are respected. In particular, third-party content is identified as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. If we become aware of any infringements, we will remove such content immediately.
TABLE OF CONTENTS
- Commissioned productions
- Stock photo licensing
- Final provision
General terms and conditions
- These GTC apply to all orders placed with the Photographer and to the licensing of stock photos. They shall also apply to further similar contracts without renewed reference.
- Deviating conditions of the client or licensee are not recognized unless the photographer expressly agrees to their validity.
2. commissioned productions
- For commissioned productions, the photographer creates shots for the client. Contracts for commissioned productions come into effect through an offer by the photographer and acceptance by the client.
- Of the photographs taken, the photographer shall select the agreed number at his own discretion, perform general image optimization and provide them to the client via data transmission or on a data carrier. Delivery dates are only binding if they have been expressly agreed.
- Other additional services of the photographer such as image editing, storage, image gallery or printing are agreed individually.
- If the Client has not given the Photographer any express instructions regarding the design of the photographs, complaints regarding the image composition and the artistic-technical design are excluded.
- Upon payment of the agreed remuneration, the photographer grants the client the exclusive and unlimited rights of use and exploitation of the photographs, including the right to edit them, unless otherwise agreed.
- The photographer has the right of personal use and the right to be named, provided that these have not been excluded.
3. licensing stock photos
- When licensing stock photos, the photographer grants the licensee rights of use to the licensed photos.
- The scope of the rights of use results from the agreement. Unless otherwise agreed, the Licensee shall receive a non-exclusive and non-transferable right of use.
- Unless otherwise agreed, the photographer may request to be named as the author of the licensed photographs.
- For commissioned productions and the licensing of stock photos, the agreed remuneration applies.
- If the booked period is exceeded in the case of commissioned productions, the photographer’s remuneration shall be increased to a reasonable extent.
- If the photographer has been booked for a specific date or period of time and this is cancelled by the client, the photographer retains the right to the agreed remuneration. However, the remuneration shall be reduced by the Photographer’s saved expenses and by the amount that the Photographer earned or could have earned with another assignment on the cancelled date.
- Invoices are payable within 7 days without deduction. Until the agreed remuneration has been paid in full, the client or the licensee is not permitted to use the photographs or the stock photos.
- All economic agreements outside the packages presented on the website are also for private customers without VAT.
- The client assures that in case of recording persons they have given their consent.
- The photographer is liable for ensuring that the licensed stock photos do not infringe the rights of third parties.
6. data protection
- The personal data of the Client required for the performance of the contract shall be stored by the Photographer.
- The photographer undertakes to treat all information made known to him in the context of the order as confidential and not to use photographs – except for his own use – without the consent of the client.
7. final provisions
- Unless otherwise stipulated in these GTC, amendments, supplements and ancillary agreements must be made in writing to be effective. The written form requirement also applies to the waiver of this formal requirement.
- Should any of the preceding provisions be invalid or unenforceable, the validity of the remaining provisions shall not be affected thereby. In place of the invalid or unenforceable provision, a suitable legally valid replacement provision that comes as close as possible to the economic success shall be agreed by mutual consent.
- The place of jurisdiction shall be determined in accordance with the statutory provisions. The law of the Federal Republic of Germany shall apply.
- Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.