1 Area of application
These general terms and conditions of business (hereafter referred to as "T&Câ€™sâ€ť) govern the legal relationship between the users of this website (hereafter referred to as the "customerâ€ť) and the operator of "www.frontalvision.comâ€ť (hereafter referred to as the "providerâ€ť).
The provider grants the customer usage rights to its products only in the context of these T&Câ€™s.
These T&Câ€™s in their relevant valid version apply to business entities in the sense of Â§ 13 BGB for all contracts concluded in the course of an ongoing business relationship, even without their specific, express inclusion. The latest version may be viewed at any time at "www.frontalvision.com/terms.of.use.phpâ€ť.
T&Câ€™s of the customer are expressly not recognised. This also applies if the customer accepts the offer of the provider only with reference to his T&Câ€™s.
Â§ 2 Usage requirements
The provider allows customers free access to media data at www.frontalvision.com. Customers may freely research media data.
Customers have no claim to the constant availability of the media content at frontalvision.com. The provider is free at any time to shut down the server, temporarily or permanently, as well as to change, delete or supplement the stored contents. Automated access to the media data is prohibited and will be prosecuted.
making use of the services of the provider, the customer accepts the
following T&Câ€™s, which specify the use and the contractual
rights and obligations of the user and provider.
If the user is not in agreement with these T&Câ€™s, he may not make use of the services provided at "www.frontalvision.comâ€ť.
The provider is entitled to change its T&Câ€™s at any time without stating reasons.
By making use of the services of the provider, the customer unreservedly acknowledges the copyright of the provider to the media published on the website www.frontalvision.com.
Â§ 2.1 Use with registration
Extended functions on the website are available to customers who create a memberâ€™s account. The memberâ€™s account is free to customers. You can create the account under the link "Create customer accountâ€ť. A requirement for the use of the free memberâ€™s account is a completed registration form and the confirmation of the activation link which will be sent to the specified e-mail address following completion of the registration form. This present contract between the customer and the provider comes into effect on activation of the memberâ€™s account.
By completing the registration form and creating a memberâ€™s account or acquiring a media license, the customer confirms that he is at least 18 years of age. Minors and children (persons under the age of 18) may not use the website without supervision. Minors and children should also not register for a memberâ€™s account or provide personal data to frontalvision.com.
On successful activation with the e-mail address specified on registration and his password, the customer obtains access to the free memberâ€™s account. Disclosure of the access data to third parties is not permitted. If the access data are misused due to the fault of the customer, the customer is liable for any resulting damages.
The customer may cancel his memberâ€™s account at any time without stating reasons. Cancellation must be sent by e-mail from the registered e-mail address to the firstname.lastname@example.org. Deletion of the memberâ€™s account has no effect on the media usage licences previously acquired.
Â§ 2.2 Use without registration
Customers may make use of the purchasing functions of the website without registration. To do so, enter your e-mail address in the order overview and simply select the required payment method. By clicking on the button "Order subject to chargeâ€ť, customers accept the contract and the present T&Câ€™s.
Minors and children may not purchase any media data.
Â§ 3 Picture selection
In order to give the customer an impression of the media to which he may acquire usage rights, the provider offers a preview of the media. The customer is not entitled to make use of this preview in any way. It serves only as an illustration of the services of the provider.
Â§ 4 Contract conclusion
After the customer has decided on a media type (size/license) by means of the picture selection, he selects this and adds it to the shopping basket with the aid of the shopping basket button and the link "Add to shopping basketâ€ť.
In the window which now opens, he again confirms his media selection by clicking on the button "Into shopping basketâ€ť. He is then directed to the shopping basket overview page, where he can edit his orders. He is directed to the payment area by clicking on the button "Order subject to chargeâ€ť.
Contract conclusion takes place exclusively via the Internet. In order for this to take place, the customer confirms it once again during the ordering process:
the payment area, he selects his payment options (PayPal/advance
payment), enters his e-mail address, confirms the general terms and
conditions of business and then clicks on the button "Order subject
to chargeâ€ť. By clicking on the button "Order subject to chargeâ€ť,
the customer makes a binding offer to purchase the specified usage
rights to the selected media type at the displayed price.
By providing the image for downloading (display of the download button next to the image following receipt of payments), the provider accepts the offer following notification that payment has been made.
Following receipt of payment (PayPal or advance payment), the customer can download the selected image by means of a download button. The customer also receives an e-mail with a link. On activation of the link, the customer can download the image up to one week after purchase, if he has not immediately used the download button next to the image for downloading.
If the customer requires an invoice for the purchase, he must register on the providerâ€™s page.
Â§ 5 Payment
Â§ 5.1 PayPal
Payment may be made by bank transfer or credit card via the service-provider PayPal.
Although the use of PayPal is a requirement for the use of this service, the use of PayPal takes place exclusively over its website, which opens in a new window. PayPal itself, and not the provider, is therefore responsible for all operations on the homepage of PayPal.
The provider has no access to the data specified here. PayPal is exclusively responsible for the payment process.
Â§ 5.2 Invoice / advance payment
The customer is also entitled to pay by invoice or advance payment. To do so, he selects the payment option "Payment in advanceâ€ť in the order overview, and after giving his e-mail address and confirmation of the T&Câ€™s, clicks on the button "Order subject to chargeâ€ť. This opens a new page with the bank details of the provider, to which the customer transfers the indicated amount. After receipt of the payment, the provider releases the ordered media files for downloading. The customer is notified to this effect by e-mail.
Â§ 5.3 Currency
The price for media licenses is given by frontalvision.com in credits and Euro; licenses may be purchased using either currency.
Â§ 5.3.1 Euro
Unless specified otherwise, all media data are charged and paid for in Euro.
Â§ 5.3.2 Credits
Customers who have a free memberâ€™s account have the facility of acquiring download licenses for the media data by means of a digital payment unit (credit).
The purchase of credits takes place in the form of credit packets, which are provided by the provider, and which the customer can purchase by means of his memberâ€™s account under the item "Purchase creditsâ€ť:
customer selects the corresponding credit packet and adds it to the
shopping basket using the shopping basket button and the link "Add
to shopping basketâ€ť. In the new window which now opens, he again
confirms his credit packet selection by clicking on the button "Into
shopping basketâ€ť. He is then directed to the shopping basket
overview page, where he can edit his orders. He is directed to the
payment area are clicking on the button "Order subject to chargeâ€ť.
Contract conclusion takes place exclusively via the Internet. In
order for this to take place, the customer confirms it once again
during the ordering process: In the payment area, he selects his
payment options (PayPal/advance payment), enters his e-mail address,
confirms the general terms and conditions of business and then clicks
on the button "Order subject to chargeâ€ť. By clicking on the
button "Order subject to chargeâ€ť, the customer makes a binding
offer to purchase the selected credit packet at the displayed
Following receipt of payment (PayPal or advance payment), the customer can use credits from the credit packet in order to purchase licenses for media data. After using credits for the purchase of media licenses, the corresponding number is deducted from the credit balance. Credits have no expiry date and are valid without restriction from the date of purchase.
Purchased credits are not refundable: Payment or exchange of the credits into another currency is not possible.
Â§ 6 Revocation instruction for consumers
Â§ 6.1 Right of revocation
You may revoke your contract declaration within one month, without stating reasons, in text form (e.g. letter, fax, e-mail), or if the goods have been delivered to you before the end of this period, by returning the goods. This period begins on receipt of this instruction in text form, although not before receipt of the goods by the recipient (or in case of recurring delivery of similar goods, not before receipt of the first part-delivery), and also not before fulfilment of our information obligations in accordance with Article 246 Â§ 2 in conjunction with Â§ 1 Para. 1 and 2 EGBGB and our obligations in accordance with Â§ 312g S. 1 BGB in conjunction with Article 246 Â§ 3 EGBGB. The timely dispatch of revocation or return of the goods is sufficient for the observation of this revocation period. Notice of revocation should be directed to:
Am Kreyenkrop 28A
Â§ 6.2 Consequences of revocation
In the event of valid revocation, the services received by both parties must be returned, and any other benefit (e.g. interest) surrendered. If you cannot return to us the services received in full, in part or only in a deteriorated condition, you must compensate us for the relevant value. In the event of the supply of goods, this does not apply if the deterioration of the goods is due only to their checking or inspection â€“ such as might have been possible if the goods were purchased from a retail outlet. You can also avoid the compensation obligation for deterioration caused by proper use of the goods by not using the goods as if they were your own property, and refraining from anything which might reduce their value. Goods which can be sent by post must be returned at our risk. You must bear the costs for the return if the goods delivered correspond to the goods ordered, and if the price of the goods to be returned does not exceed € 40, or in the case of a higher price of the goods, if at the time of revocation you have not yet made a contractually agreed part-payment or other service in return. Otherwise the return is free of charge for you. Goods which cannot be sent by post will be collected from you. Obligations for the refunding of payments must be fulfilled within 30 days. This period begins for you on dispatch of your revocation declaration or the goods, and for us on their receipt.
Â§ 6.3 Special instructions
Your right of revocation lapses prematurely if the contract is completely fulfilled by both parties at your explicit request, before you have exercised your right of revocation.
Â§ 7 Usage right
The media data are protected by copyright. Property rights and copyrights cannot be transferred, even after the payment of compensation for damages and/or any other costs and charges.
payment of the license fee, the customer acquires only the
non-exclusive and non-transferable rights of use to the selected
media data, and never the right of ownership.
The provider is entitled to grant usage rights to all photos available on the website www.frontalvision.com to an indefinite number of customers, unless exclusive rights have been expressly assured in writing.
The usage rights are granted on the condition that the customer reproduces the copyright holder specified by the provider in the image, leaves it in the image and does not change it: frontalvision.com/fotografenname
The customer may choose between four different types of licenses:
Private usage license (private use)
Use of the media for private purposes only:
No editorial use
No commercial use
resale / further transfer
Editorial usage license (editorial use)
Only for editorial use in print or on the web
Newspapers, magazines, periodicals, brochures, press articles, books, textbooks, book covers, DVD/CD covers, TV, film and video.
Online or electronic publications such as Internet, Intranet, CD-ROMs, newsletters, e-books, online and multimedia presentations
No resale / further transfer
License-free (RF â€“ Royalty free)
Editorial and commercial use of the media file for marketing / advertising of commercial products, for production of design templates, posters, T-shirts, mugs, wallpaper, calendars, etc. and for reproduction in conjunction with press releases
No resale / further transfer
Commercial usage license (RM â€“ Right Managed) / on request
Editorial and commercial use of the media file
Advertising and promotional projects, including printed materials, such as brochures, advertisements, posters, trade show displays, catalogues, calendars and for product packaging, film and video presentations, and in addition for the production and distribution of products such as greeting and postcards, calendars, mugs
Production and copying of goods intended for resale, such as posters, postcards, greeting cards, calendar, stationery, stickers, mugs, toys, clothing, sporting goods, merchandise
Design templates (which are intended for resale), templates for electronic greeting cards and templates for the design of brochures. In addition to electronic products for resale, such as interactive and multimedia products, computer games, screen savers, mobile content.
Publication / disclosure in the context of press releases
Multiple use by agreement
No resale / further transfer
Further usage rights may be granted in writing under individual contract conditions. The customer however has no entitlement to such rights.
The customer is only entitled to use the images of the provider within the scope of the acquired usage rights. Any unauthorised extension of usage rights constitutes breach of copyright and will be prosecuted as such.
The customer is never entitled to transfer the acquired rights to third parties.
Â§ 8 Liability
If the provider designates photos with the name of the photographer, the provider acts only as a broker, who assigns rights on behalf of the photographer.
In this case, the provider assigns the rights of the photographer, as far as they exist, under the specified conditions and to the extent stated in the offer.
The provider is liable for damages towards commercial entities only if and insofar as the provider and its legal representatives, executives or other agents have acted with deliberate or gross negligence.
This does not apply in the event of breaches of cardinal contractual obligations. In the event of breach of cardinal contractual obligations, the provider is liable for all instances of culpable behaviour on the part of his legal representatives, executives or other agents.
The provider is further liable to consumers in the event of the impossibility to provide the service due to the fault of the provider, and in the event of culpable delay for all instances of culpable behaviour on the part of his employees or other agents.
Except in the case of deliberate or gross negligence on the part of legal representatives, executives or other agents, the amount of liability of the provider is limited to the foreseeable damages typical of such contracts at the time of conclusion.
The provider is liable for compensation for indirect damages, and in particular for loss of profit, only in the event of deliberate or gross negligence on the part of legal representatives, executives or other agents.
In the event of injury to life, limb or health, or compelling legal regulations, or in the event of assumption of express guarantees by the provider, the above liability disclaimers do not apply either to commercial entities or consumers.
Â§ 9 Concluding conditions / Law / Place of jurisdiction
The assessment of contracts between the provider and the customer is determined according to German law, and to the exclusion of the UN Convention on the International Sale of Goods (CISG).
For customers who are commercial entities in the sense of the Commercial Code, public-legal special funds or legal entities under public law, place of jurisdiction is the District or Regional Court of Essen.
If any stipulation of these T&Câ€™s proves to be invalid, this shall not affect the validity of the remaining stipulations. Invalid stipulations will be deemed to be replaced by other, valid stipulations which most closely approximate, in a legally valid way, the commercial sense and purpose on the invalid stipulation. The same applies in the event of omissions in these T&Câ€™s.