Terms and Conditions

I Validity of Standard Terms and Conditions

1. All offers and deliveries of picture material - including submissions (physical) and transmissions (electronic) - as well as the issuance of licenses are subject to confirmation and are to be obtained on a non-exclusive basis to the following Standard Terms and Conditions.

2. Conflicting or amended Standard Terms and Conditions stated by the orderer as well as special agreements shall be valid only upon written consent of sinopictures. Standard Terms and Conditions of the orderer that are stated on purchase orders, delivery confirmations, the Internet and/or the like are hereby expressly rejected.


II Contractual Rights and Responsibilities

1. As a general rule, only the single right of use to the photographic copyright is being assigned to the orderer. The images shall be made available by sinopictures to the orderer on a one-time basis and for the contractually stipulated use within the agreed-upon scope. They shall be returned following use; digital copies shall be deleted from any electronic storage system. Expansions or renewals of the originally granted license are subject to sinopicture's written consent.

2. At the time of order the orderer shall provide information on the medium, type and scope of the intended use of the images. sinopictures shall issue a declaration of consent granting the image license according to the information given by the orderer. Image licensing for advertising and promotional purposes require a separate agreement. Exclusive licenses and waiting periods are subject to special agreement.

3. sinopictures grants no rights with regard to pictorial contents, such as in works of the fine and performing arts, logos, trademarks. Discharging any of the above additional copyrights, as well as obtaining publication permissions from museums, collections, etc.,shall be the responsibility of the user.

4. Image distortion or alteration of any kind, for example through copying, photographic re-enactment, hand-drawn falsification, electronic change by means of photocomposing, and similar procedures is prohibited unless specifically agreed in writing.

5. Delivery of the images gives rise to a temporarily limited loan relationship.

6. Complaints having to do with delivery or content of the picture materials are to be asserted within three business days after the orderer's receipt of the images. Complaints relating to technical or other hidden defects are to be immediately reported in written form after detection. If no timely complaint is made, there shall be no liability on the part of sinopictures for any already incurred or potential costs and/or damages.

7. Reproductions of and/or electronic files storing our picture materials directly related to the image use must promptly be destroyed or deleted upon termination of production.

8. The orderer shall be obligated to comply with the fundamental publishing principles established by the German Press Council - Pressekodex (PressCode).

9. sinopictures expressly reserves the right to assign contingent rights to companies exploiting third-party rights (collecting societies), and shall not acknowledge any clauses that would, through the acceptance of license fees, prohibit sinopictures from exercising further rights.


III Fees and Costs

1. Each use of our picture materials incurs a license fee. The fees depend on the medium and type and scope of use. All fees are net prices and do not include value-added tax. The claim of a fee arises out of the use of the picture material.

2. The fees shall apply for a one-time use and for the declared purpose, within the stated scope and within the agreed-upon time period and language area. Each additional use shall again be subject to declaration and fee payment and requires written consent by sinopictures. If an illustrated item (for example a book, CD-cover, magazine, newspaper etc.) is to be used in a new medium, the image visible on it requires an additional fee, irrespective of licence fees already paid for the same image in the original medium. This applies to promotional and advertising purposes only if the promotional reproduction is larger than 1:1. The user shall inform sinopictures in detail about the new purpose of use and shall obtain consent from sinopictures in advance of publication.

3. License fees shall also apply for the use of an image as a model for drawings, caricatures, re-enacted photographs, for purposes of layout and presentation, for visual realizations or visual projections as well as for the use of picture details for the creation of new visual works, manual or by means of electronic or any other similar technique, such as photomontages, photo composition or the like.

4. Should the orderer provide no or imprecise information regarding the scope of use, sinopictures shall have the right to assess a media-specific flat-rate fee.

5. Should an agreed-upon use or publication or any other use of the picture materials not in fact be undertaken, there shall be no right to a refund or reclaim of fees already submitted.

6.Download fees will be charged for all deliveries or electronic transmissions of picture materials.


IV Costs/Indemnification/Penalty for Breach of Contract

1. In case of unauthorized use or passing on of sinopictures images to third parties, sinopictures shall charge a penalty for breach of contract in the amount of the fivefold license fee. sinopictures hereby expressly reserves the right to pursue any and all additional claims for damage compensation. Unauthorized archiving shall be fined with a penalty in the amount of 150,-    EUR per image.

2. The orderer does obtain neither use nor ownership rights of the images through the payment of service fees and/or compensation for damages.


V Liability

1. sinopictures hereby disclaims all responsibility for any and all violations of general rights of personality or copyright by way of unauthorised or distorted use. In case of infringement of these rights solely the user shall be liable to indemnity claims of possible third parties. The user shall insofar indemnify sinopictures from third-party claims.

2. To the extend to which the use of the images could violate the personal rights of the person depicted, it shall be the responsibility of the orderer to obtain any necessary consent. Unsuitable uses and/or falsifications, both verbal and visual, as well as uses that could result in the disparagement of the person depicted, are prohibited. The orderer shall insofar indemnify sinopictures from third-party claims. The same terms apply if images of persons are used beyond the agreed upon scope, for example for promotional purposes, without sinopictures's consent.

3. The orderer shall be responsible for obtaining the rights to pictorial contents, such as in works of the fine and performing art, trade marks and logos. He shall insofar indemnify sinopictures from third-party claims.

4. Apart from that, sinopictures is liable only in case of intention, rough negligence and negligent infringement of substantial contractual obligations. The liability in case of injury of lives, bodies and health as well as the liability after the German product guarantee law remains unaffected.


VI Naming of Copyright Holder, Agency Credit, Specimen Copies

1. With reference to §13 of the Urheberrechtsgesetz (German Copyright Law), sinopictures demands an agency and copyright credit sinopictures along with the name of the photographer or the partner agency. This credit must be made in such a way that it allows for clear identification, i.e., that it undoubtedly refers to the respective visual image. Collected multiple picture credits shall suffice only if they also allow an absolutely certain identification with the respective image. This shall especially apply to film, television, CD-ROM and all advertising and promotional uses. The user shall indemnify sinopictures from any and all claims by third parties arising from the potential failure to include a copyright credit. In the case that such a required copyright credit is not included sinopictures shall be entitled to a 100% additional infringement fee.

2. According to §25 of the Verlagsgesetz (German Publishing Law), the orderer shall provide to sinopictures, automatically and free of charge, two complete specimen copies before publication.


VII Terms of Payment, Jurisdiction and Venue, Miscellaneous

1. The invoices of sinopictures are always to be paid net without any deductions (plus currently effective value-added tax). They are to be paid promptly after receipt. According to § 288.1 Bürgerliches Gesetzbuch (German Civil Code), sinopictures shall charge late interest of five (5) percentage points above base rate at the end of 30 days after receipt of the invoice.

2. Place of performance, jurisdiction and venue for both parties shall be Berlin, Germany.

4. German law is hereby agreed to be applicable.

5. If one of the provisions of these Standard Terms and Conditions should be considered null and invalid, it shall be replaced by a valid one that is closest in meaning to the original. This shall not affect the validity of the remaining provisions of the agreement.

status 2006/07