Image material is provided by MediDesign Frank Geisler exclusively on the basis of these General Terms and Conditions (GTC). These GTC also apply for all future deliveries, for the electronic retrieval and use of the images from the image databases, and for electronic transmission, unless expressly agreed otherwise in writing.
Terms and conditions of the customer which deviate from these GTC will not be acknowledged and will not form part of the contract even if they are not expressly rejected.
1.) Each use of our image material is subject to a fee. This also applies to the use of an image as a model for drawings, mock-ups, for layout purposes and customer presentations, as well as to the use of image details which become part of a new image by means of photomontage, photo composition, image storage media or similar techniques.
2.) For editorial use, the flat-rate fees are specified in the electronic order system; for further use, such as for PR or product advertising, they must be agreed before usage. They are based on the medium, type and scope of usage as well as the acquisition of usage rights, of which MediDesign Frank Geisler must be informed.
Use of image material
1.) The image material can be electronically retrieved or transmitted and is only made available temporarily. The image material remains the property of MediDesign Frank Geisler and, if not used, must be deleted from the electronic archive within one month at the latest. Image material for which usage rights are acquired must be deleted from the electronic archive immediately after use, but no later than three months from the date of the delivery note or the data retrieval or transmission.
2.) When using the digital Medical Pictures database of MediDesign Frank Geisler, the customer must observe the relevant accompanying image information (image meta data) and the usage restrictions contained therein. The customer is solely responsible for any damage or loss resulting from non-compliance and shall indemnify MediDesign Frank Geisler against any claims by third parties. Furthermore, MediDesign Frank Geisler expressly reserves the right to assert claims for compensation against the customer for any non-compliance.
3.) The receipt of image material from MediDesign Frank Geisler only entitles the customer to one-off use for the specified purpose, unless further use is expressly intended. For the type and place of use, the relevant notices and limitations in the accompanying image information (image meta data) must be strictly observed. Each use beyond the agreed scope is subject to a separate fee and prior approval.
4.) The image material may not be shared with third parties, duplicated, processed or redesigned without the prior written permission of MediDesign Frank Geisler. This also includes selling online links and references to these images to third parties.
5.) Exclusive rights or retention periods must be agreed separately.
6.) The customer must provide MediDesign Frank Geisler with one specimen copy of each publication, free of charge and without being prompted. MediDesign Frank Geisler must be informed of the number of copies published.
Extent of usage rights
1.) In principle, only a non-exclusive right of use to the graphical copyright is granted.
2.) The following actions require the prior written consent of MediDesign Frank Geisler: a) the duplication of the digitalised image material; b) the storage of image data in online databases or other electronic archives accessible to third parties; c) the storage of image material on CD-ROM or similar data carriers; d) any digital and other change or redesign of the image material. If consent to digitalisation is provided, the image author MediDesign Frank Geisler must be electronically linked to the image data. The customer must ensure that this link is maintained for each data transmission, for the transfer of image data to other data carriers, for the reproduction on a screen, as well as for each public reproduction, so that the image author MediDesign Frank Geisler can be identified at all times.
All digital images in electronic archives and on all external data carriers must be fully deleted as soon as the customer is obliged to return the image material or the contract ends.
3.) No fee discount is granted for colour image material that is used in black-and-white form.
4.) In the case of exclusive rights for image material, the usage right is limited to a retention period of four weeks. Exclusive fees must be agreed separately with MediDesign Frank Geisler. The fee in each case is payable after expiry of the agreed period, even if the material has not been published by that point in time. After expiry of the retention period, MediDesign Frank Geisler is entitled to offer the same image material to other interested parties for use by them.
5.) Medical Pictures invoices from MediDesign Frank Geisler are payable immediately upon receipt, without any deductions. All amounts, such as fees, expenses and processing charges, are deemed net plus VAT at the statutory rate. MediDesign Frank Geisler is entitled to charge default interest thirty days after the due date, amounting to 5 percent above the applicable base rate of the European Central Bank or the corresponding substitute interest rate, plus any dunning charges.
Liability and compensation
1.) In the event of unauthorised use, duplication, changing, processing, redesign, sharing of the image material or electronic storage, or non-observance of the copyright notice, MediDesign Frank Geisler is entitled to impose a contractual penalty amounting to twice the usual usage fee, but no less than 200 euros per image. This shall not affect the right to assert further claims for compensation.
2.) By paying the compensation or a contractual penalty, the customer will not acquire ownership of, nor usage rights to, the image material.
Liability of MediDesign Frank Geisler
1.) The warranty rights of the customer vis-à-vis MediDesign Frank Geisler are limited to the right to receive remedial action. If remedial action is not possible, or was performed unsuccessfully, the customer is entitled to withdraw from the contract. Further warranty claims are excluded.
2.) MediDesign Frank Geisler assumes no liability for service errors or disruptions, or delivery difficulties caused by technical faults to the Medical Pictures database, nor for cases of force majeure.
1.) Should one or more of the above provisions be or become invalid, this shall not affect the validity of the remaining provisions.
2.) The place of performance for all claims arising from this contract is Berlin.
3.) All legal relationships between MediDesign Frank Geisler and the customer are subject to the laws of the Federal Republic of Germany, under exclusion of the UN Convention on Contracts for the International Sale of Goods (Vienna Sales Convention).