This proposed Licence Agreement is intended to be entered into between INTERFOTO ("Interfoto"), the image licensing agency operating from Munich, Germany, and the end user ("Licensee"), subject to confirmation by Interfoto.
Where Imageselect has been expressly authorised by Interfoto, Imageselect may facilitate the licensing of photographic content on behalf of Interfoto. All licences granted under this arrangement are issued by Interfoto to the Licensee and are governed by the agreed licence particulars and the provisions below.
Imageselect may provide sales, invoicing, payment collection and customer support services to the extent agreed with Interfoto. Imageselect does not become a party to the licence solely by performing these services.
These terms concern the supply and licensing of photographs and other visual content from Interfoto. The Licensee shall provide an accurate description of the proposed use before licensing. A licence arises only when the applicable use has been expressly approved and the agreed licence fee paid.
The permitted rights, uses and fees depend on the individual image, the agreed purpose and any conditions specified in the accepted quotation, order confirmation or invoice (the "Licence Particulars"). No ownership of any image or digital file is transferred.
Each use is subject to a fee, including use as a reference for drawings, collages or other derivative creations, or use in layouts and presentations unless a separate written arrangement states otherwise.
The licence authorises only the purpose and scope identified in the Licence Particulars. Any additional edition, reuse, change of context, media, format, duration, territory, print run or other material expansion requires prior permission and an additional agreement on fees.
Unless otherwise agreed, an invoice already issued will not be cancelled solely because the Licensee ultimately decides not to publish or use the licensed image.
Image files, source materials and copies remain the property of their respective rights holders. Files may be shared with third parties solely to the limited extent necessary for internal selection or technical processing of the authorised work, without granting independent use rights.
The Licensee shall protect the files against unauthorised use or redistribution and delete supplied files and retained copies within the applicable period communicated by Interfoto and, in any event, upon termination of the licence unless a separate written archiving permission applies.
Every publication or use must carry an accurate and unambiguous credit identifying the photographer or creator and Interfoto or the relevant supplying agency as specified with the image.
Where the credit is omitted without agreement, Interfoto’s published licensing terms provide for an additional charge equal to 100% of the agreed licence fee. The Licensee remains responsible for claims that arise from missing or incorrect attributions.
A licence normally covers the right to use the photographic image itself only. It does not automatically include rights in artworks, architecture, designs, trademarks, brands, depicted property or the image, privacy and personality rights of individuals.
Unless expressly included in writing, the Licensee shall obtain all third-party clearances and permissions required for the intended use.
Advertising and promotional use requires express prior authorisation. Where identifiable persons appear, the Licensee is responsible for securing the consents required for that advertising use, unless Interfoto expressly confirms the necessary permissions.
Use in a materially different editorial or ideological context, substantial changes to supplied captions, or alterations that may misrepresent an image or its subject require prior written agreement where applicable.
The Licensee shall observe applicable publishing and professional editorial standards, including the principles of the German Press Council where relevant.
Descriptions and captions supplied with images are provided with reasonable care, but their accuracy is not guaranteed. The Licensee is responsible for checking context and factual accuracy for the intended publication and for changes made to the supplied information.
Fees are established for the specific agreed use. Additional handling, delivery and digital processing charges may apply if disclosed as part of the transaction. Licences take effect only upon full payment of the agreed amount, unless Interfoto has expressly authorised different terms.
Reissuing an invoice for administrative convenience does not, by itself, release the originally liable customer from payment obligations.
Access to Interfoto’s online image database may require registration and approved credentials. Account holders are responsible for safeguarding usernames and passwords and for activity under their account.
Image research may be available without charge, while provision of selected files may incur handling or digital delivery costs. Interfoto may restrict or suspend access according to its applicable account conditions.
Where requested under the applicable licensing arrangement, the Licensee shall supply complimentary specimens or other reasonable evidence of publication so that use and credits can be verified.
The parties intend German law to govern the Interfoto licensing arrangement, excluding conflict-of-laws rules insofar as legally permitted. For business customers, the agreed place of jurisdiction is the seat of Interfoto where enforceable.
If one provision is invalid or unenforceable, the remaining provisions continue to apply to the extent permitted by law.
This document is an independently drafted English-language working version informed by Interfoto’s publicly available German image-licensing terms dated March 2018. It is not an official translation and does not by itself establish that Imageselect is authorised to issue licences on Interfoto’s behalf.
Before customer use, Interfoto should confirm the English wording, the intended contracting party, the distributor arrangement, and any image-specific restrictions in the Licence Particulars. In case of an inconsistency, the licence particulars and any contract terms expressly approved by Interfoto take precedence to the extent agreed.
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