TERMS & CONDITIONS

TERMS & CONDITIONS

INPHOTOSTOCK

www.inphotostock.com

Administrator/Service provider :

Inphotostock UG (haftungsbeschränkt)

Spremberger Str. 48

03149 Forst

Germany

Creditreform no.: 3050328718

Register number: HRB 16425 CB

E-mail : info@inphotostock.com

1. GENERAL PROVISIONS

1. These Terms and Conditions specify the general conditions, ways of provision of services electronically via the Online Service www.inphotostock.com .
2. These Terms and Conditions, together with our License Terms and Privacy Policy will form a legally binding agreement between you and INPHOTOSTOCK in relation to your use of our website.
3. These Terms will apply any time you use a website owned or operated by us (“Website”), or any other means to access our services (“Services”). By using our Website, you confirm that you accept these terms and conditions and that you agree to comply with them.
4. These Terms and Conditions are always available at the website www.inphotostock.com which allows to download, display and record their contents by printing or saving them to a data carrier at any time.
5. You are responsible for obtaining Internet access and a compatible, Internet-connected device to purchase our programs. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection. The Online service may be accessed if the IT equipment used by the Customer meets the following minimum technical requirements: a computer or a mobile device with access to the Internet, access to electronic mail, a browser Firefox, Chrome, Safari, Internet Explorer, Opera, enabling cookies and JavaScript in the web browser.
6. The Service provider informs that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Users data by unauthorized persons, therefore Users should use appropriate technical measures that will minimize the above-mentioned threats, e.g. Antivirus.
7. In using our Service, you will not:

1. scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the INPHOTOSTOCK Service or any source code therein;
2. attempt to circumvent any technical measures (including digital rights management) that we may employ;
3. take any measures to interfere with or damage our Service;
4. use our Service to transmit tortious, unlawful, infringing, and otherwise objectionable content;
5. spam or harass our Service or any other user;
6. use any fraudulent, deceptive, or misleading practices;
7. engage in any commercial activities except as permitted by us; or
8. engage in any illegal activities.

2. SERVICES PROVIDED BY ELECTRONIC MEANS

1. Services are provided by the Service Provider free of charge, 24 hours a day, 7 days a week.
2. The Service Provider provides the following electronic services for customers through the Online Shop:

a) User Account;

b) Newsletter;

3. The User Account may be used after the following steps have been completed by the User:

– completing the registration form and accepting the provisions of these Terms and Conditions,

– clicking the “Register” button.

4. After registering an Account, the User may log into the Online Service by providing the e-mail address and password indicated during registration.
5. The Agreement for the provision of services involving the maintenance of a User’s Account in the Online Service shall be concluded for an indefinite period and shall be terminated when the User submits a request to remove the Account or use the “Remove Account” button.
6. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. Please immediately notify INPHOTOSTOCK of any unauthorized use of your password or account or any other breach of security.
7. The User is aware that:

a. he/she must be logged in to use the functionality of the Online Service;

b. he/she always has the right to change his/her password;

c. he/she is obliged to make every effort not to make his Account available to third parties,

d. providing incorrect data may result in an inability to use the services,

e. he/she shall be liable for the consequences of events related to the use of the Online Service resulting from a violation by him/her of the applicable provisions of law, principles of morality, these Terms and Conditions.

8. INPHOTOSTOCK reserves the right to:

a. to block the User’s, especially in cases indicated in paragraph 6,

b. to temporarily suspend the right to use the Account if there are reasonable suspicions that the User has violated the conditions indicated in paragraph 6, until the case is clarified,

c. to undertake measures aimed at remedying the losses incurred by INPHOTOSTOCK resulting from the cases indicated in paragraph 6.

9. The Newsletter service agreement shall be concluded for an unspecified period and shall be terminated upon the User’s request to remove his/her email address from the Newsletter subscription service or unsubscribe through a link in the Newsletter message, or the termination of the service by the Service Provider upon prior notification to the User. Details concerning the Newsletter service shall be outlined in the terms and conditions of the Newsletter service.
10. The Service Provider may at any time terminate the agreement for the provision of services with the User at 14 days notice for valid reasons, understood as a change in the provisions of law governing the provision of electronic services by the Service Provider affecting the mutual rights and obligations set out in the agreement concluded between the User and the Service Provider or a change in the scope or delivery of services to which the provisions of these Terms and Conditions apply.
11. In the event of violation by the User of the provisions of these Terms and Conditions, the Service Provider, after an ineffective request to discontinue or remove the violations, specifying an appropriate period, may terminate the agreement for the delivery of Services with a 14-day notice.
12. Either party withdrawing from the Service Agreement or the Agreement being terminated by mutual consent, does not have an impact on the rights acquired by the parties before withdrawing from or terminating the agreement.

3. ORDERS

1. Information about the Products(Digital) as provided on the Service websites, as well as prices constitute an invitation to conclusion of an Agreement.
2. Orders can be placed by Internet users, who have correctly filled in registration form.
3. As part of placing an order, the User provides his/her personal data marked in the order form as obligatory. Providing the personal data marked obligatory is voluntary yet is necessary for placing the order. Providing the personal data not marked as obligatory is voluntary and unnecessary for placing the order.
4. The order form should include the User’s first name, last name, company name, country/region, street address, phone number and email address, vat number.
5. To place an Order for our products an active electronic mail account is required.
6. The User sends the Order by means of the Online Service functionality provided for that purpose with an obligation to pay. It is required to accept the Terms and Conditions.
7. Online Service will begin order completion after the Order is successfully placed and payment due for the Order is made.
8. The sales Agreement shall be concluded in English.

4. PAYMENTS

1. The User may choose the following payment methods:

1. in EUR by PayPal;
2. by Credits;

2. If you purchase any products through our Service, you will be required to provide us information regarding your credit or debit card. You represent and warrant to us that such information is true and that you are authorized to use the payment instrument.
3. Online payments are processed by PayPal.
4. When making a payment, the User will be informed immediately before making the payment about the amount in which the payment should be made, about the possible methods of its execution and about the data of the payment provider, if the given service is possible. Detailed terms and conditions for making payments through the operators performing electronic payments are available on the website of the given operator.
5. When making a payment via an electronic payment operator, the User should follow the instructions given by the operator of electronic payments in order to make a payment.

6. Credits. The User chooses to purchase credits in accordance with the applicable price list. The User can check the number of purchased and used credits on his account each time. Credits are used to pay for current orders. Credits are non-refundable and must be used within one year of purchase (“Prepayment Validity Period”). Credits not used during the Prepayment Validity Period are forfeited.
7. Each payment made online on the Website generates an invoice, according to the information that the User entered on the registration form. The User acknowledges that the taxation of concluded transactions may depend on the information entered by him on the registration form, in particular the country of residence. The VAT invoice will be generated and made available on the account created by the User Inphotostock.com after the funds have been credited to the Administrator’s bank account.
8. We may change the price of Digital Products from time to time and add new fees and charges for certain features or to reflect a change in business or legal rules, but we will provide you with advance notice of changes in recurring fees.

5. THE RIGHT TO WITHDRAW FROM THE AGREEMENT

1. You have the right to withdraw from a purchase of digital products within 14 days of your purchase, without giving a reason. You hereby expressly acknowledge that you lose your right of withdrawal once the performance of our service has begun and your account is provided with access to the Digital Products. You agree that the supply of Digital Products and the performance of services begins immediately after you complete your purchase. Therefore, once access to the Digital Products has been enabled on your account, the contract has been fully performed by INPHOTOSTOCK.

6. WARRANTY FOR DEFECTS AND LIMITATION OF LIABILITY

1. You must immediately notify us of any defects you discover. For the preservation of evidence, you should document this in text form (e.g. by fax, letter or e-mail) and send the information to us. Before notifying us of any possible faults, you shall read all the help pages.
2. Excluded from warranty are defects that are attributable to external influences, operating faults for which you are responsible or those from force majeure.
3. You are obliged to collaborate as far as possible with the elimination of the Products’ defects.
4. In principle, any liability on our part is excluded and only applies under the following conditions:

1. We are liable for claims for damages and replacement of futile expenses (“Claims for Damages”) due to an infringement of contractual or extra-contractual obligations only in cases
2. of willful intent or gross negligence;
3. of grossly negligent or intentional harm to life, body, or health;
4. of willful intent or intentional infringement of important contractual obligations;
5. where we assumed an express guarantee of condition and quality;
6. based on mandatory liability pursuant to the Product Liability Act as well as in the scope of application of § 44a TKG (Telecommunications Act); or
7. based on other mandatory liability.

5. Claims for damages for the violation of important contractual obligations are limited to damage typical and foreseeable for contracts, provided there is willful intent or gross negligence, or a liability exists from culpable violation of life, body or health, or from the express guarantee of condition and quality, or from product liability.
6. The aforementioned liability limitations in V.4 also apply to the personal liability of our employees, shareholders, representatives, bodies and their members, community manager, moderators, supporters, and vicarious agents.
7. The above provisions do not imply a change in the burden of proof to your detriment.
8. We expressly distance ourselves from the content of all websites that contain direct or indirect references (so-called “links”) to our products. We do not assume any liability for such content and pages. The providers of the relevant pages are personally responsible for the content of these pages.

7. COMPLAINTS

1. We have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
2. Complaints arising out of a breach of the User’s rights guaranteed by law or under these Terms and Conditions should be sent to the electronic mail address: info@inphotostock.com .
3. We undertake to process each complaint within 14 days. If there are any deficiencies in the complaint, the Service provider shall request the User to supplement it as necessary, immediately, but not later than within 7 days from the date when the User received the request.
4. We would like to inform you that out-of-court complaint handling and redress procedures can be used. They can be used on a voluntary basis and only if both parties to the dispute agree to it.
5. Detailed information on consumer dispute resolution, including the possibility for the Consumer to use out-of-court complaint handling, redress and the rules of access to these procedures is available at the offices and on the websites of county (municipal) consumer advocates, Voivodship Inspectorates of Trade Inspection.
6. According to article 14, paragraph. 1-2 of Regulation of the European Parliament and of the Council (EU) No 524/2013 from 21 May 2013, we commit ourselves to placing information on the ODR platform. Online Dispute Resolution is intended to facilitate an independent, non-judicial settlement of disputes between consumers and traders through the Internet. These disputes relate to contractual obligations arising from online sales or service contracts concluded between consumers living in the Union and traders established in the Union.
7. The Consumer who would like to take advantage of the possibility of an amicable resolution to disputes concerning online purchases may submit a complaint, for example, via the EU”s Internet ODR platform which is available at: http://ec.europa.eu/consumers/odr/.

8. PRIVACY

1. Personal data in the Online Service shall be processed by the Controller in accordance with the binding legal regulations, in particular the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
2. Additional explanations regarding the protection of personal data are contained in the “Privacy Policy”.

9. DISCLAIMERS

1. Your use of our service is at your own risks.
2. Except as required by applicable law, no warranties of any kind, either express or implied.
3. INPHOTOSTOCK makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services. INPHOTOSTOCK does not represent or warrant that (a) the use of the Services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Service will meet your requirements or expectations (c) errors or defects will be corrected, or (d) the Services are free of viruses or other harmful components.
4. You indemnify us against all claims including claims for damages that other users or other third parties assert against us due to an infringement of their rights by your behaviour and/or by the content or data you have posted. You will also compensate us for reasonable costs incurred, in particular those costs that we may incur for a possibly required legal defense. All further rights and claims for damages on our part remain unaffected. Your aforementioned obligations do not apply if you are not responsible for the relevant infringement. If your content infringes third party rights, you will provide us – at our discretion and at your expense – with the right to use the content or to design the content free from protective rights to the extent possible. If your use of the Services infringes third party rights, you will immediately cease any use that is in violation of the contract and/or illegal at our request.

10. FORCE MAJEURE

1. Neither Party can be held liable for the non-performance of any of its obligations, force majeure incident including but not limited to epidemic, flood, fire, storm, raw materials shortage, transportation strike, partial or total strike, or lock-out. The Party affected by such events must inform the other party promptly, no later than five (5) business days after said event occurs.
2. The parties agree that they will work together to determine how best to fill the order while the force majeure incident persists.

11. FINAL PROVISIONS

1. This agreement is subject to the laws of the Federal Republic of Germany with the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the exclusion of the rules on conflict of laws.
2. The choice of law made by the parties shall not have the result of depriving the consumer of the protection guaranteed to him by the mandatory rules of the law of the country in which he has his habitual residence in UE.
3. For disputes with you, the legal place of jurisdiction shall apply as far as you have a general place of jurisdiction in the Federal Republic of Germany.
4. If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
5. The matters not provided for in these Terms & Conditions shall be governed by German law and EU law.
6. Each Customer shall be informed about any changes to these Terms and Conditions by information available at the homepage of the Online Service presenting a list of amendments and their effective dates. The Customers who possess an Account shall be additionally informed about the changes and presented with their list by a message sent to their electronic mail address. The effective date for any amendment shall fall at least 14 days after its publication. If the Customer who has a Customer Account does not accept the amended Terms and Conditions, he shall be obliged to notify this fact to the Seller within 14 days from being informed about the amendment of the Terms and Conditions. Notification of non-acceptance of the new Terms and Conditions shall result in termination of the Agreement.

License Terms

INPHOTOSTOCK

www.inphotostock.com

1. General provisions

1. This license agreement, hereinafter referred to as the Agreement , regulates the rules for the use of photographic, graphic, film and other files, hereinafter referred to as files posted by Inphotostock UG , Spremberger Strasse 48, 03149 Forst, info@inphotostock.com referred to in the content of the agreement as the Administrator on the websites www.inphotostock.com by registered users of the Website, hereinafter referred to as Users and by persons acquiring the right to use the Works, hereinafter referred to as the Licensee.
2. All Files placed on the Website are subject to the terms of this Agreement. Any use of the Files requires acceptance of all provisions of this Agreement. If the User of the Website does not accept the terms of the Agreement, he is asked not to use the Website and not to download the Works. The use of the Website also requires acceptance of the “Terms and conditions” placed on the website inphotostock.com. The User confirms that he has read the Content of the Terms and Conditions, as well as that he understands and accepts its provisions. In the event of a discrepancy between the Agreement and the Terms and Conditions, the provisions of the Agreement shall prevail. The User is asked to carefully read its Content of the Terms and the Agreement. By checking the checkbox “I accept the Terms and Conditions and the License Agreement” placed on the registration form, the user of the Website ensures that he is an adult, has the ability to conclude the Agreement, and in particular has full legal capacity, which has not been limited in any way by a court decision, and no decision has been initiated to deprive him or limit his full legal capacity, as well as fully accepts the provisions of the Terms and this Agreement. We recommend that you print and keep this Agreement.

2. Parties to the Agreement

1. This Agreement is a legally binding document of the Administrator/Licensor and the User/Licensee who intends to download and use the Files. In this Agreement, the terms “User” and “Licensee” refer to: (a) the person who created an account for himself by completing the registration form on the www.inphotostock.com website (“Account”), thereby accepting the terms of the Agreement and the licenses granted, or (b) the Employer of such person (“Employer”), if such person enters into the Agreement and obtains licenses on behalf of his Employer. If such a person enters into the Agreement and obtains licenses on behalf of his Employer, he thereby represents and warrants that: (a) he has been duly authorized by the Employer to enter into the Agreement, the licenses will be obtained on behalf of the Employer, and that the Employer has accepted the terms of the Agreement and granted an appropriate power of attorney to act on behalf of the Employer to the extent that allows for the effective conclusion of a legally binding Agreement on behalf of the Employer, (b) The Files will be used only for the benefit of the Employer and the Files will not be used for the benefit of any other person or entity without concluding a separate agreement with the Licensor, (c) will comply with the provisions of the Agreement and inform the Employer about the need to comply with them.

3. Grant of License

1. Subject to the terms of this Agreement, you are granted a non-exclusive, worldwide, non-transferable license to use the Files in the following fields of use:

1. in the scope of reproduction – producing copies of the Files and copies of materials created by the Licensee containing The Files (“End Files” by any means;
2. in the scope of distributing Files and End Files – publishing, making them publicly available in such a way that everyone can have access to them in a place and at a time chosen by them, including placing and transmitting in IT and telecommunications networks, in particular on the Internet, public exhibition, public performance, public display, public reproduction, broadcasting and remitting;
3. in the scope of trading – sale, rental, lease, paid or free provision of End Files to third parties;
4. in the scope of incorporation – incorporation of Files into other works or collective works and combining Files with graphic and text elements in order to create Final Files;
5. in the scope of modifications – making changes not exceeding color corrections, minor retouches and slight framing, as well as using and disposing of such created studies to the same extent as specified in this Agreement for Files. Modifications may not depreciate the File or the author’s work, question the reputation of the portrayed persons, or negatively distort the content presented in the File. Use in any of the above-mentioned fields of use is subject to the restrictions of the license option chosen by the Licensee: “Standard License”, “License in Plus” or “Extended Licenses”, which are described below and specified for specific Files on the Website. Some license options may not be available for individual Files or individual Licensees. This license is granted provided that: (a) Licensee’s compliance with all provisions of the Agreement, and (b) Licensee pays the full amount of the license fee by purchasing the appropriate number of credits.
6. The Licensee does not have the right to sublicense the Files, but has the right to use the Files in projects prepared for third parties or entities, as part of their business activity or acting on behalf of such persons or entities. Such persons or entities may use the Files only within the framework of the final files created by the Licensee, without the right to use the Files in any other scope without acquiring a separate license to use the File on their own. Under the license obtained, the Licensee who draws up projects for the benefit of persons or third parties may use the Files only for one person or entity. The use of the same File in a project for another person or entity requires the acquisition of a separate license. The Administrator may terminate the Agreement and the Licensee’s right to use the Files with immediate effect in the event that the Licensee does not comply with any provision of the Agreement or the Terms and Conditions. In such cases, the Administrator will be entitled to exercise all rights and take all legal remedies vested in it under applicable law.

4. License Types
5. Standard License
6. It is available for content such as photos, illustrations, png files, eps and AI files and allows you to:

1. Includes the possibility of duplicating the resource in the circulation of up to 450,000 – advertising, editorial, electronic and printed publications.
2. Publishing the resource in social media or on the website without limits on the number of views.
3. It is allowed to use the resource in printed products provided that the resource (file) doesn’t constitute the main and primary value of the product and isn’t duplicated more than 450,000 copies.
4. Transfer of the license to a co-worker, employer or client who has been obliged under the contract to comply with the terms of the contract.
5. The use of the resource in e-marketing, e-mail, advertising for mobile devices provided that the expected number of recipients does not exceed 450,000.
6. Activities not permitted under the Standard License:

1. The Standard license does not cover the use of the resource on the covers of magazines and books or dripped products such as posters, puzzles, calendars, mugs, T-shirts – in which the basic value of the product is the resource itself (file).
2. Selling and distributing a standalone resource (file).
3. Transfer a resource to more than one collaborator, employee or client – unless another separate license has been purchased for each of them.
4. The Standard License does not cover the use of electronic products such as games or screensavers, intended for retail sale, which require a License in Plus or an Extended License.

2. License in Plus

1. It is available for content such as photos, illustrations, png files, eps files, AI, templates, video assets and sounds and allows you to:

– Use of the resource under the Standard License granted.

– Duplicate assets over 450,000 copies or recipients.

2. Activities not permitted under the In Plus License:

– Selling and distributing a standalone resource (file).

– The in Plus license does not cover the use of the resource on the covers of magazines and books or dripped products such as posters, puzzles, calendars, mugs, T-shirts – in which the basic value of the product is the resource itself (file).

3. Extended License

1. It is available for content such as photos, illustrations, png files, eps files, AI, templates, video assets and sounds and allows you to:

– Use of the resource under the Standard License granted.

– Duplicate assets over 450,000 copies or recipients.

– The Extended license covers the use of the resource in products such as posters, puzzles, calendars, mugs, T-shirts – in which the basic value of the product is the resource itself (file).

2. Prohibited Activities for Extended Licenses:

– Selling and distributing a standalone resource (file).

5. Prohibitions

1. You may not use the Files in a manner not expressly permitted under the selected Standard, In Plus or Extended License options set forth above in the license description. The following are prohibited uses for all options. You may not:

a. sublicense, resell, transfer or assign to any third party the Files or the rights to use the Files granted under the Agreement;

b. use the Files in isolation from a product, good or service, conduct advertising, promotion and other forms of marketing, or support certain ideas, i.e. may not derive financial benefits from the File used independently, or use the File as part of any product, good or service in which the File could be available, obtained or used as stand-alone files, in isolation from that product, a good or service;

c.make the Files available for paid or free download by third parties, with the exception of making available to persons involved in the production of the Final File for the benefit of the Licensee;

d.collect Files to create a photo bank shared outside of Licensee’s organization;

e. use the Files in a manner that infringes the trademarks or intellectual property rights of third parties;

f. use the Files as part of a trademark, graphic sign, trade name, company name, service mark, logo;

g. in relation to sensitive issues, use the Files in a way that may be, on the basis of a reasonable assessment of the Administrator or on the basis of the provisions of applicable law, considered to be: pornographic, obscene, immoral, insulting religious feelings, undermining the rights of minorities, violating legal provisions, defamatory, defamatory or otherwise violating the good name of the portrayed persons or the reputation of the goods, rights or objects presented;

h. in relation to the advertising of content by models, use the Files in a manner that:

(i) suggesting that the persons portrayed personally use a particular product or service or personally support certain organizations or ideas;

(ii) depicting persons portrayed in the context of issues considered sensitive or sensitive, in particular, but not limited to: physical or mental disability, social problems, sexual activity or preference, substance abuse, crime, physical or mental harassment, or in the context of any other subject that could reasonably be considered offensive or unflattering to the portrayed persons;

i. use Files depicting people as profile pictures on social networks;

j. reverse engineer, decompile or disassemble the source code, if it is contained in the Files;

k. remove copyright notices, trademarks or other proprietary notices placed on or in the Files;

l. make the Files available in such manner and in such digital file formats as would allow the File to be downloaded or distributed on peer-to-peer networks or in any file sharing or downloading systems;

m. incorporate Files into spam messages, i.e. sent in bulk to recipients who have not ordered the content sent. Unauthorized use of the files may result in infringement of copyright and other applicable rights and authorizes injured persons and/or entities to seek damages and other claims under applicable law, without excluding financial damages payable by all users and beneficiaries of unauthorized use.

6. Press and reportage works and reproductions of works of art

Special ethical and legal considerations apply to Files depicting actual situations, people and works of art. In the case of using such Files, the Licensee is solely responsible and obliged to release the Administrator Entities from any liability for claims related to or arising from modifications or changes made by the Licensee to the Files or their descriptions. In addition, the Administrator recommends the use of such Files only in press materials of an informative nature, regarding the content presented in the Files, due to the lack of permissions to distribute images of people and objects. For press files, reportage files and reproductions of works of art, it is not possible to obtain an extended license.

7. Additional Software.

Files can be downloaded in a variety of formats. In some cases, the User may choose from the formats described on the website for a given File. However, the use of Files saved in certain formats may require the use of additional software, subject to additional terms of use and fees, as required by the software manufacturer. Such software is not included in the license fee for the Files.

8. Ownership and Intellectual Property

1. Each Creator and Supplier of the Inphotostok.com retains to the extent applicable all rights in the Delivered Works, in particular all intellectual property rights, including copyrights, patent rights, trademark rights, trade secrets and all other proprietary rights. You do not acquire any rights to the Works, except for the limited rights under the licenses expressly set forth in the Agreement. Any right arising on your part in connection with any development, alteration, compilation or use of the Works shall not entitle you to use the Works, except as expressly permitted in this Agreement. The Licensee does not acquire any proprietary copyrights or equivalent rights to the Works as a result of using the Works under the Agreement.
2. The rights granted to the Licensee under the Agreement apply only to the proprietary copyrights to the Files and, with respect to the Files marked “Model release: yes”, to the rights to the images of the persons portrayed. The rights granted to the Licensee do not contain permissions to use images of persons (in relation to Works marked: “Model release: no” or “no data”), places, private property (real estate, movable property or otherwise) or objects depicted in the Works (including copyrighted works or visible trademarks), and the Administrator does not submit in relation to rights other than copyrights to the Files and the right to images (for Files marked: “Model release: yes”) with no representations or warranties. All Files may be subject to additional copyrights, trademark protection rights, rights of publicity, moral rights, proprietary rights or other rights belonging to third parties. You are solely responsible for determining whether your use of any Works requires permission or consent from another third party or license that grants additional rights. Licensee is solely responsible for obtaining all consents, licenses and permissions that may be required for Licensee’s intended use of the File, including but not limited to:

(a) rights against any association, association, organization, company or their agent;

(b) in the event that the File contains a soundtrack – copyrights in the composition and/or text, synchronization rights, performance rights, from the owners of the rights to the phonograms and compositions and from persons, companies, associations, societies or corporations that may control or be the owners of the rights to the artistic performances. If in doubt about the requirements for additional permissions, licenses or consents for a particular use of the Files, the Licensee should seek professional legal advice.

9. Representations and Warranties

Subject to the limitations contained in this Agreement, the Administrator

a. is duly entitled to conclude this Agreement and grant the rights described in the Agreement,

b. the use of the Works in the form in which they were delivered and in accordance with this Agreement will not violate the moral and property rights of the creators of the Works, or the rights to the image of persons portrayed in relation to the Files bearing the information “Model Release: yes” on the Website.

X. Copyright signature and notice.

If the Licensee’s licensed Files are used for editorial purposes, the Licensee undertakes to include a signature and a copyright notice next to each published Work (in the format: “© name of the creator / name of the Provider / INPHOTOSTOCK”, or as specified on the Website in the description of the given Work). Without INPHOTOSTOCK’s permission, licensee shall not remove from or alter in any Works signatures, copyright notices, watermarks, or other information relating to copyright management.

10. Termination.

The Administrator may terminate the Agreement in the event that the Licensee violates any provision of the Agreement or if the User’s right to use the Website is terminated on the basis of the provisions of the Regulations, with effect from the time of providing the Licensee with a written notification by electronic means. In the event of termination, the Licensee shall immediately cease using the Files. The Administrator retains the right to change the terms of the license granted under the Agreement by replacing the licensed Files with others, for any reason. Upon receipt of such notice from the Administrator, the Licensee shall not use the Files to be replaced in future projects and undertakes to take reasonable steps to cease using the Files in projects previously created.

11. Final provisions

1. This agreement is subject to the laws of the Federal Republic of Germany with the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the exclusion of the rules on conflict of laws.
2. The choice of law made by the parties shall not have the result of depriving the consumer of the protection guaranteed to him by the mandatory rules of the law of the country in which he has his habitual residence in UE.
3. For disputes with you, the legal place of jurisdiction shall apply as far as you have a general place of jurisdiction in the Federal Republic of Germany.
4. If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
5. The matters not provided for in these Terms & Conditions shall be governed by German law and EU law.