§ 1 Area of application
These general terms and conditions of business (hereafter referred to as “T&C’s”) govern the legal relationship between the users of this website (hereafter referred to as the “customer”) and the operator of “www.frontalvision.com” (hereafter referred to as the “provider”).
The provider grants the customer usage rights to its products only in the context of these T&C’s.
These T&C’s in their relevant valid version apply to business entities in the sense of § 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/”.
T&C’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&C’s.
§ 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.
By making use of the services of the provider, the customer accepts the following T&C’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&C’s, he may not make use of the services provided at “www.frontalvision.com”.
The provider is entitled to change its T&C’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.
§ 2.1 Use with registration
Extended functions on the website are available to customers who create a member’s account. The member’s account is free to customers. You can create the account under the link “Create customer account”. A requirement for the use of the free member’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 member’s account.
By completing the registration form and creating a member’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 member’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 member’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 member’s account at any time without stating reasons. Cancellation must be sent by e-mail from the registered e-mail address to the address firstname.lastname@example.org. Deletion of the member’s account has no effect on the media usage licences previously acquired.
§ 2.2 Use without registration
Customers may make use of the search functions of the website without registration.
§ 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.
§ 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 basket”.
In the window which now opens, he again confirms his media selection by clicking on the button “Into shopping basket”. 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 charge”.
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 charge”. By clicking on the button “Order subject to charge”, 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 provider’s page.
§ 5 Payment
§ 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.
§ 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 advance” in the order overview, and after giving his e-mail address and confirmation of the T&C’s, clicks on the button “Order subject to charge”. 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.
§ 5.3 Currency
The price for media licenses is given by frontalvision.com in credits and Euro; licenses may be purchased using either currency.
§ 5.3.1 Euro
Unless specified otherwise, all media data are charged and paid for in Euro.
§ 6 Revocation instruction for consumers
Instructions on withdrawal
§ 6.1 Right of
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (frontalvision.com / Karsten Höft / Am Kreyenkrop 28A / 45359 Essen / 0201-5235404 / redaktion /at/ frontalvision.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached (Link) model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
§ 6.2 Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
§ 6.3 Exceptions of withdrawal
You noticed that the right of withdrawal expires with the beginning of implementation of the ordering / download the image(s) purchase contract.
§ 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.
By 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:
1. Private usage license (private use)
a. Use of the media for private purposes only:
a.i. No editorial use
a.ii. No commercial use
a.iii. No resale / further transfer
2. Editorial usage license (editorial use)
a. Only for editorial use in print or on the web
a.i. Newspapers, magazines, periodicals, brochures, press articles, books, textbooks, book covers, DVD/CD covers, TV, film and video.
a.ii. Online or electronic publications such as Internet, Intranet, CD-ROMs, newsletters, e-books, online and multimedia presentations
b. Single use
c. No resale / further transfer
3. License-free (RF – Royalty free)
a. 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
b. No resale / further transfer
4. Commercial usage license (RM – Right Managed) / on request
a. Editorial and commercial use of the media file
a.i. 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
a.ii. Production and copying of goods intended for resale, such as posters, postcards, greeting cards, calendar, stationery, stickers, mugs, toys, clothing, sporting goods, merchandise
a.iii. 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.
a.iv. Publication / disclosure in the context of press releases
b. Multiple use by agreement
c. 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.
§ 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.
§ 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&C’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&C’s.
§ 10 Beschwerdeverfahren
„Online Streitbeilegung: Die EU-Kommission hat eine Plattform zur Beilegung von Streitigkeiten geschaffen. Diese Plattform dient als Anlaufstelle zur Beilegung von außergerichtlichen Streitigkeiten über Verpflichtungen, die aus “Online-Verträgen” erwachsen. Kunden können die Plattform (ab dem 15.02.2016) unter dem Link http://ec.europa.eu/consumers/odr/ erreichen.”