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Licensee General Terms and Conditions of COPYTRACK GmbH
[/vc_column_text][vc_column_text]These general terms and conditions (hereinafter referred to as “GTC”) govern the contractual relations between COPYTRACK GmbH (“COPYTRACK”) and the licensees.
1. Definitions
1.1 “Images” means all photographic works and photographs and products manufactured in a similar manner to photographs in the sense of copyright law, which are subject to copyright infringement.
1.2 “Copyright Infringement” means the copyright infringement pursued by COPYTRACK, which resulted in an offer for subsequent licensing.
1.3 “Licensee”, is one who acquires rights to use of COPYTRACK in the course of the subsequent licensing.
1.4 “Website” means the Internet site on which the copyright infringement claimed by COPYTRACK has taken place, as well as all the subordinate and subordinate pages of the domain.
2. Scope of application
These provisions shall apply to all business relations of COPYTRACK. Terms and conditions of the contractual partner shall not apply even if COPYTRACK does not object separately to their application in a particular case.
3. Conclusion
The licensee is granted access to the online re-licensing portal of COPYTRACK through the case number provided to him by COPYTRACK. The licensee can view the license terms and the calculation of the license sum as well as store his / her data. Pressing the “Confirm” button closes the license agreement between the licensee and COPYTRACK.
4. Rights of use
4.1 COPYTRACK grants the licensee a simple, temporally and spatially unlimited right of use in the images, which allows the licensee to reproduce the images and to make them publicly available on the website. No further use is permitted. The right of use is not transferable. The licensee is not entitled to sublicense. Processing of the images is permitted only to the extent necessary for the aforementioned use (for example changing the file size, converting to another file format).
4.2 The licensee is not obligated to name the originator. The author waives the assertion of his claim to recognition of his or her origin.
4.3 The licensee is not allowed to use the images in connection with or to illustrate the following content:
• Racism and discrimination against minorities
• Depravation of violence and extremism of any kind;
• Calls and incitement to crimes and offenses, threats against body, life or property;
• Rages against persons or companies;
• Libel, defamation, and libel, as well as violations of the right of fairness;
• Pornography
• Advertising for political parties
• Offensive, sexist, obscene, vulgar, abominable or disgusting materials and expressions;
• Religious mission
4.4 The granting of the right to use pursuant to section 4.1 is subject to the condition precedent of full payment of the license sum agreed in accordance with 5.1.
4.5 COPTRACK is only granting a right to use the image itself. COPYRIGHT does not grant any rights regarding the pictured person or thing. The licensee is obliged to obtain these rights on his own.
5. Payment
5.1 For the granting of the right of use mentioned in clause 4.1, the licensee pays the license sum to COPYTRACK according to the invoice issued by the licensee of COPYTRACK.
5.2 Payment is due in full upon invoicing and quoting of invoicing and transaction number within 14 days to COPY TRACK GmbH, Commerzbank AG, Account: 529986200, IBAN: Payment to: DE80 7604 0061 0529 9862 00, BIC / SWIFT: COBA DEFF XXX.
6. Right of revocation
If the customer is a consumer, he has a right of withdrawal. Consumers are any natural person who enters into a legal transaction for purposes which can not be attributed primarily to their commercial or independent occupation.
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Right of revocation
You have the right to revoke this contract within 14 days without giving reasons. The withdrawal period is 14 days from the date of conclusion of the contract. To exercise your right of revocation, you must contact us (COPYTRACK GmbH, Dresdener Straße 31, 10179 Berlin, phone: 030 – 809332-900, Fax: 030-809332-999, e-mail address: contact@copytrack.com) by means of a clear statement (for example, a letter sent by mail or by e-mail) about your decision to revoke this contract. You can use the enclosed sample revocation form, this is however not required.
In order to maintain the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this agreement, we will pay you all the payments we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us ) within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For this repayment, we use the same method of payment that you used in the original transaction, unless you explicitly agreed otherwise; in any case you will not be charged fees for this repayment.
If you have requested that the service be commenced during the period of revocation, you shall pay us a reasonable amount equal to the proportion of the services already provided to us by the exercise of the right of revocation with respect to this contract services rendered compared to the total amount provided for in the contract services equivalent.
Special instructions
Your right expires prematurely if the service has been completed by us and started the execution of the contract only after explicit consent and you have confirmed your knowledge before execution of the contract that you will lose your right with complete fulfillment of the contract on our part.
Model withdrawal form
(If you want to cancel the contract, then please fill out this form and send it back to us.)
To COPYTRACK GmbH, Dresdener Straße 31, 10179 Berlin, Telephone: 030 – 809332-900, Fax: 030-809332-999, E-Mail-Adresse: contact@copytrack.com
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*):
Ordered on (*) / received on (*)
Name of consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only in the case of a communication on paper)Date
(*) Delete as appropriate.
End of revocation[/vc_column_text][vc_column_text]7. Alternative dispute resolution
COPYTRACK is neither obliged nor willing to participate in alternative dispute resolution proceedings in front dispute resolution bodies.
8. Term of Termination / Termination
8.1 The license agreement is concluded indefinitely
8.2 The parties are entitled to terminate the contract without notice for important reasons. A right to terminate the contract without notice shall in particular arise if circumstances render the further continuation of the contract unacceptable, taking into account the content and purpose of the contract, all circumstances of the individual case and the mutual interests of one or both parties. For COPYTRACK there is a reason for extraordinary termination without notice, if the licensee uses the pictures in a manner which is no longer covered by the right of use granted in section 4.1, which violates Section 4.3 or otherwise infringes the copyrights of the images.
8.3 The termination is to be explained in text form (§ 126b BGB).
9. Liability
9.1 COPYTRACK shall be liable without limitation if damage is caused by intent or gross negligence.
9.2 COPYTRACK shall only be liable for slight negligence if it is a breach of essential obligations and is thereby endangering the purpose of the contract or if COPYTRACK violates obligations which fulfill the proper implementation of the contract at all and if the user regularly complies with these obligations (Cardinal obligations). In this case, however, COPYTRACK is only liable for the foreseeable, contract-type damage.
9.3 The foregoing limitations on liability do not apply in case of injury to life, body and health.
9.4 Insofar as the liability of COPYTRACK is excluded or restricted, this also applies to the personal liability of COPYTRACK employees, representatives and vicarious agents.
10. Warranty
COPYTRACK shall not be liable for the lack of right of use as defined in section 4.1. COPYTRACK does not check whether the image concerned is free of third party rights. Furthermore, COPYTRACK shall not be liable in the event that COPYTRACK was not entitled to grant the right of use, unless COPYTRACK had knowledge of the non-authorization or should have had knowledge of it.
11. Final provisions
11.1 The law of the Federal Republic of Germany shall apply exclusively to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
11.2 Contracts concluded with COPYTRACK in the electronic business are not saved after the conclusion of the contract and are not made available to the contractual partner.
11.3 The court of jurisdiction for disputes arising out of or in connection with contracts between COPYTRACK and the users who are merchants, legal persons of public law or a public special fund is the place of business of COPYTRACK in Berlin.
11.4 Amendments and additions to these General Terms and Conditions must be made in text form (§ 126b BGB).
11.5 The contract language is German. If the contractual partner is in another language and the translation deviates, the German version shall prevail.
Terms of business: January 2017
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