Vintage movie stills for editorial use only
TERMS AND CONDITIONS
1.) STANDARD TERMS AND CONDITIONS:
The following are the Standard Terms and Conditions which govern your use of the FILMBILDARCHIV WIPPITSCH website and archive (the “FBAW”). By entering our website and/ or ordering Images in response to any of our offers you (the “user”) agree to be legally bound by the terms of this agreement.
2.) PERMITTED USE/ RESTRICTIONS AS TO USE:
FILMBILDARCHIV WIPPITSCH grants you a personal, nontransferable, non-exclusive license to receive and display an image from the FBAW onto your computer hard drive to use for editorial purposes only. You acknowledge that you do not acquire any ownership rights by receiving any transmitted Image and agree to provide full details concerning the intended use of any Images selected from the FBAW. Images are supplied strictly for editorial use only and cannot be used for promotion or advertising without the prior agreement of FBAW.
The following uses are prohibited:
· Use of the Image beyond the terms of the limited license agreement without first obtaining additional permissions, including any electronic reproduction or promotional rights.
· Use the Image in any way that violates a depicted person’s right of privacy or publicity, or to infringe on any trade name, trademark or service mark.
· Use the Image in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter.
· Images may be cropped, positioned, enlarged or reduced. However, using the images of personalities in a distorted or misleading manner or for any kind of promotional or advertorial use is expressly prohibited and you will be solely responsible for such misuse.
Images must be credited and details are provided in the image’s file info as well as on the image itself. Additional credit information can be provided by e-mail or telephone if necessary.
3.) GENERAL DISCLAIMERS:
FILMBILDARCHIV WIPPITSCH only provides access to the images in its archives and is not the copyright or trademark owner of any images. Images are provided for editorial purposes solely, such as publicity, review, criticism, comment, teaching scholarship, research, and other newsworthy and public interest purposes. User is responsible for securing any additional uses.
The materials and information in the FBAW archive are provided "as is”. FILMBILDARCHIV WIPPITSCH makes no representation or warranty, either express or implied, included but not limited to any implied warranties of merchantability, fitness for any particular purpose, quality of image, or compatibility with any computer hardware or other equipment, operating system or software program. FILMBILDARCHIV WIPPITSCH makes no representation or warranties that the use of the FBAW will be uninterrupted or error free. The use of FBAW, its website and files is at your own risk.
FILMBILDARCHIV WIPPITSCH gives no rights or warranties with respect to the use of names, trademark, logo types, registered or copyrighted designs or works of art depicted in any image, and the user must satisfy itself that all necessary rights, consents or permission as may be required for reproduction are secured. FILMBILDARCHIV WIPPITSCH identified the caption for each image to the best of its ability, but cannot be held responsible for erroneous or incomplete caption information. No model releases or other releases exist on any images unless the existence of such release is specified in writing by FILMBILDARCHIV WIPPITSCH.
FILMBILDARCHIV WIPPITSCH makes no representation or warranty, either expressed or implied, included but not limited to any implied warranties of merchantability, fitness for any particular purpose, non-infringement, or warranties arising by course of dealing or custom of trade.
You may have additional rights under some state laws.
If a hi-resolution image is transmitted to you, FBAW will assume that it is going to be used (unless previous arrangements have been made to the contrary) and an invoice for the standard rate or previously agreed upon rate will be issued within 30 days. Before agree to our offer, however, you must negotiate a rate with us. Rates never include taxes within Germany.
The user’s right to use any Image may be revoked if the user does not pay our invoices within a reasonable period of time. Any rights granted by us are automatically terminated if the user is unable to pay its debts when due; or makes any arrangement for the benefit of its creditors; or upon a receiver, administrative receiver or trustee being appointed over all or part of the company’s undertakings or assets; or files a petition or goes into liquidation under the bankruptcy or insolvency laws of any jurisdiction, country or place.
5.) LIMITATION OF LIABILITY
Under no circumstances will FILMBILDARCHIV WIPPITSCH be liable for any direct, incidental, consequential, indirect or punitive damages as a result of the use of its website and archive. In any event, the combined limit of liability of FILMBILDARCHIV WIPPITSCH for your use of any Image shall be the fee paid by you for the use of the Image to FILMBILDARCHIV WIPPITSCH. You acknowledge that in the absence of your agreement and that of the user to this limitation of liability, we would not provide the website and Images to you.
The user agrees to indemnify and hold FILMBILDARCHIV WIPPITSCH, its director or employees, successors and assigns, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney’s fees, arising from your use or misuse of the provided Images.
FILMBILDARCHIV WIPPITSCH operates from its office within Baden-Wuerttemberg in the Federal Republic of Germany. FILMBILDARCHIV WIPPITSCH makes no representation that materials in the site are appropriate or available for use in other locations. Those who opt to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any and all disputes, with the exception of copyright claims, arising out of this Agreement including, without limitation the validity, performance and breach thereof, shall be settled by arbitration in Stuttgart, Baden-Wuerttemberg, whether or not you are subject to the personal jurisdiction of the State and Federal Courts therein. In the event FILMBILDARCHIV WIPPITSCH is compelled to go to court for any other reason regarding the images governed by this Agreement, you hereby submit to personal jurisdiction of the State and Federal courts in Stuttgart, Baden-Wuerttemberg. If FILMBILDARCHIV WIPPITSCH is caused to present claims or suit as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees and/or costs by you or user herein. This Agreement, its validity and effect, shall be interpreted and governed by the laws of the Federal Republic of Germany without reference to its choice of law.
Address: Heiko Wippitsch, Ebinger Weg 15, 70567 Stuttgart, GERMANY