General terms and conditions of business of the German Wine Institute (DWI)
for the delivery of image material and for the granting of rights of use
- Offers and deliveries and the granting of usage rights are always non-committal and non-exclusive and are subject to the following terms and conditions.
The image material provided by the DWI is made available exclusively for publications in the field of "German Wine".
- Customers' deviating terms of business shall only apply if this is confirmed in writing by the DWI. We hereby object to any terms of delivery of the customer referred to in order forms, delivery receipts or similar documents.
- The DWI enables the customer to access the online database by granting them rights of access. The DWI shall not be obliged to grant permanent access to the customer. The customer must themselves obtain the required client software.
- Access to the database is only possible with a valid user number and password. Both the DWI and the customer shall keep these details confidential. In case of any misuse of the access data by a fault of the customer, the latter shall be held liable for any damage that may be caused.
- The customer may use DWI's online database to search for photos in the stored photo inventories and transfer them either as preview images or as high-resolution images.
- The customer is not entitled to claim constant accessibility of the DWI online server. The DWI may - either temporarily or permanently - switch off the server at any time, or change, modify, delete or supplement the stored contents.
- Search and transfer of the photos is free of charge for the customer. The costs for the ISDN connection are to be borne by the customer.
- When requesting a photo, the customer must indicate the nature and extent of the intended use as well as the language region in which the photo will be used, at the latest each time before making technical use of the photo. In case the customer's information does not reflect the actual nature of use or the actual nature of use does not correspond to the customer's information about the use, the authorisation to use the photo is deemed not granted and the DWI shall be indemnified and held harmless from and against all and any claims for damages that may be made by third parties.
- The photos made available will always remain the property of the DWI and the copyright holders. They are made available on a temporary basis only and exclusively for acquiring rights of use within the meaning of the German Copyright Act.
For storing the image material beyond the duration of the current production, the customer shall obtain permission from the DWI in writing.
- Any image material received to which the customer has not acquired rights of use and does not want to do so must be deleted without undue delay from all of the customer's storage media.
- Each use of our image material is subject to fees. This does also apply to details taken from our images that become part of new images through the creation of photomontages, photocomposing techniques, the use of electronic image media or similar methods.
The customer shall be liable to the DWI, also for passing on the photos to third parties.
- Fees should to be agreed prior to making use of the photos. The amounts to be paid depend on the medium and the nature and extent of the intended use; these details must be provided to the DWI. If the customer does not ask for the fees to be paid and no agreement on fees has been made, use will automatically be charged in accordance with the then current fee rates of the German "Mittelstandsgemeinschaft Fotomarketing" (MFM). If the customer fails to give precise details, the DWI is entitled to charge a flat-rate fee.
All fees given in quotations, price lists and other documents are to be understood net excluding VAT.
- The fees apply for one-time use for the purpose, extent and language region indicated by the customer. Any further use is again subject to fees and requires our prior consent in writing.
- Once the customer has declared that they want to use the provided image material either wholly or in part, the DWI is entitled to charge the customer for the granting of rights of use, even if publication or other use has not yet been made.
C. Restriction of the right of disposal, liability, right of exploitation and copyright
- As a general rule, only the right of use for the photographer's copyright is transferred.
- Distortion of the copyrighted work by copy drawing, rephotography, photocomposing or by electronic means is not allowed. Exceptions to this are subject to a special agreement.
Any use that is contrary to the original intent, or any distortion or adulteration in image and word as well as any use that disparages depicted persons is not permitted; in such cases, the user will be liable for damages.
- Passing on the image material or transferring reprint rights to third parties is not permitted.
The customer shall be obliged to provide us with information as to whether and to what extent they have duplicated the images or produced print masters for their own archiving purposes.
- The user shall comply with the journalistic principles of the German Press Council ("Press Code"). The user shall be responsible for captions and other accompanying texts. We cannot be held liable for a violation of the general right of personality (invasion of personal privacy) or for copyright infringements caused by use that is contrary to agreement or use that distorts the meaning of words or images. In case of violation of such rights, the user shall be solely liable for damages that may have to be paid to third parties.
- Pictures of well-known personalities may only be published with their names and in keeping with good editorial practice.
- In order to prevent the violation of rights of personality (invasion of personal privacy), the use of pictures showing other persons for advertising purposes requires a separate agreement in writing. In case of violation of such rights, the user shall be solely liable for damages that may have to be paid to third parties.
D. Copyright / specimen copy
- Referring to Section 13 of the German Copyright Act, we expressly require the customer to provide a designation of authorship (DWI/ name of photographer), in a manner ensuring that this notice is clearly associated with the corresponding picture. Collective references to sources shall only be sufficient to fulfil this requirement as far as they enable the viewer to clearly associate the reference with the corresponding picture. The user shall indemnify and hold harmless the DWI from and against any and all claims of third parties that may result from the failure to provide correct designations of authorship.
- Paragraph 1 also applies to advertising, photos shown in television programmes or films and other media, if no separate agreement has been made to this effect.
- Unless expressly stated otherwise in the foregoing, any use shall be subject to the provisions of the German Copyright Act.
- In accordance with Section 25 of the German Publishing Act, the customer shall send us free of charge at least two complete specimen copies of each print publication without being asked to do so.
E. Contractual penalty /lump sum damages (also cf. appendix for E)
- In case of unauthorised use, distortion, passing on of our image material or unauthorised transfer of reprint rights to third parties and in case of unauthorised slide duplications, internegatives, reproductions and enlargements for the customer's archiving purposes or passing on of same to third parties (cf. Cl, 2 and 3) a minimum fee amounting to five times the usual usage fee will become due; this shall be without prejudice to the right to claim damages.
- If the customer fails to provide the designation of authorship, we will be entitled to a surcharge amounting to 100% of the usage fee due in each individual case, plus administrative costs where applicable.
F. Terms of payment, place of jurisdiction, miscellaneous
- All invoices are net and payable within 14 days.
- Place of performance and place of jurisdiction for both parties is Mainz, provided that these are full merchants (registered traders).
- Deliveries abroad shall also be subject to German law.
- Should individual provisions of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.