General terms and conditions (GTC) for the delivery of image material and the granting of rights of use by the operator of this site, BEAUTIFUL SPORTS Presefotoagentur UG (limited liability). The General Terms and Conditions also contain mandatory information for consumers and electronic commerce. 1. General 1.1 Offers, deliveries, services and the granting of usage rights to image material by BEAUTIFUL SPORTS are made exclusively on the basis of these general terms and conditions (GTC). These General Terms and Conditions apply to entrepreneurs in the sense of: of § 14 BGB also for all future transactions between Beautiful Sports and the customer, without the need for further reference to the General Terms and Conditions. These General Terms and Conditions also apply to the electronic storage, retrieval and transmission of digital image data sets. 1.2 The Beautiful Sports General Terms and Conditions apply exclusively. Differing terms and conditions of the customer do not apply, even if Beautiful Sports does not expressly contradict them. If the customer does not agree with the validity of these General Terms and Conditions for the respective contractual relationship, he must immediately delete any images that have already been delivered from all data carriers. 1.3 If a representative acts in the name and on behalf of a third party and thereby initiates a contractual relationship between Beautiful Sports and the third party, the representative is obliged to disclose the identity of the third party to Beautiful Sports before the contract is concluded. 1.4 The images offered by Beautiful Sports are generally intended for editorial use. Separate agreements must therefore be made with Beautiful Sports before use begins if the image material is to be used for non-editorial purposes, in particular for advertising purposes. A separate prior agreement with Beautiful Sports is also required if image files are marked “SPECIAL CONDITIONS”. 1.5 The sale of photos to consumers in accordance with of § 13 BGB is made exclusively to the people depicted or their legal guardians. A sale of the photos to other consumers in the sense of from § 13 BGB is excluded. The conditions for private sales to the people depicted or their legal guardians as consumers in the sense of Section 13 of the German Civil Code (BGB) can be found in Section 8 of these General Terms and Conditions. Section 11. The General Terms and Conditions contain additional mandatory information for consumers and contracts in electronic commerce. 2. Catalog of services and obligations 2.1 Beautiful Sports provides the customer with images or image material in electronic form (in particular digital image data sets, regardless of the respective data carrier or transmission method) and grants the customer a simple right to use the selected image material to the agreed extent in return for a usage fee a. Beautiful Sports generally only grants usage rights to photographic copyright. 2.2 The image material is temporarily made available to the customer for the purpose of acquiring rights of use and use. It remains the property of Beautiful Sports or the respective photographer. 2.2.1 Selection of image material a) Beautiful Sports offers the customer the opportunity to select images from their image database. Access to the image database is granted to the customer, who is an entrepreneur in the sense of of § 14 BGB is granted, after conclusion of a separate written agreement, if necessary for a monthly flat rate or for a flat fee per download as well as a one-off set-up fee. Neither by downloading nor by transmitting the images in any other way, nor by paying the flat rate and/or fee per download, the customer acquires a right to distribute and/or publish, reproduce and/or use the images in any other way image material located in the database. b)If the customer is an entrepreneur within the meaning of § 14 BGB, complaints regarding technical or other hidden defects in the image material must be reported to Beautiful Sports immediately in writing. Otherwise, the images are considered correct and approved by the customer. c) If the customer is a consumer within the meaning of § 13 BGB, the customer's warranty claims are based on the legal regulations. 2.2.2 Grant of rights/use of the image material a) Beautiful Sports grants the customer a simple and - unless otherwise agreed - non-exclusive right of use of the photographic copyright to the selected image material within the scope of the scope of use desired by the customer. Editorial use of the image material does not require a prior release from Beautiful Sports. The granting of exclusive rights and blocking periods requires a separate written agreement. b) Image data sets that are marked “Exclusive” may only be used expressly without the written consent of Beautiful Sports. The customer's intended use and the expected scope of use of such image files must be agreed separately with the management or a senior editor of Beautiful Sports before the customer begins using them. The use of the image material for advertising or non-editorial purposes may lead to the violation of the rights of third parties. In order to protect these people and their rights, advertising use must therefore be agreed separately with Beautiful Sports before use begins. c) Subject to a separate agreement, the image material is generally only released for one-time use in one medium. In the case of an intended publication of the image material in a print medium, the right of use is only granted for one-time use in the publication in question, for example only for the first edition in the original language, unless otherwise agreed. Further uses, such as: B. advertising materials relating to the medium, repetitions or other extensions, are independent acts of use. These independent acts of use must be paid for separately. d) Duplicating, editing, redesigning, replicating, digitizing, electronic archiving, etc. of the image material, passing it on to third parties, transferring and granting rights of use to third parties and granting reprint rights is not permitted without the express written consent of Beautiful Sports . e) For the fee billing, the customer must inform us after use, stating the Beautiful Sports image number and the image source, which image material in which medium, at which location, in which format, to what extent (e.g. edition) and for which distribution space has been used. 2.2.3 Use of the image database a) After registering, the customer receives a user ID and a password (access data) from Beautiful Sports to access the image database. The customer is obliged to keep his access data secret and to protect it against misuse by unauthorized third parties. b) The customer is obliged to inform Beautiful Sports immediately if there is any suspicion that an unauthorized third party has gained knowledge of the access data. In this case, Beautiful Sports is entitled to change the access data immediately. c) The customer is liable for all damage caused by unauthorized third parties gaining knowledge of the access data, provided that he is responsible for this. 2.2.4 Deletion of the image material / blocking notices a) The image material supplied by Beautiful Sports is always provided with image numbers and credit to the image source. The customer is obliged to ensure that this information always remains associated with the image material. b) Image material for which the customer does not wish to acquire or has acquired any usage rights must be deleted immediately from all of the customer's data carriers. c) Image material downloaded and otherwise provided from the Beautiful Sports database must be completely deleted from all of the customer's data storage media immediately after the license agreement has ended. d) Any blocking notices and usage restrictions must be observed by the customer. 3. Usage fee 3.1 Any use of the images from Beautiful Sports is subject to a fee, in particular use as a template for drawings, graphics, for layout purposes, for customer presentations and the use of image details, which become part of a new work regardless of the technology used. 3.2 The amount of the fee depends on the actual use of the image material by the customer. It depends in particular on the medium, type, purpose and extent of use, and if publication in print media is intended, also on the degree of distribution (circulation), presentation, etc. 3.3 If no separate fee agreement is made, the fee rates for entrepreneurs in accordance with Section 14 of the German Civil Code (BGB) apply the respective use in the “Overview of standard market remuneration for image usage rights”, published by the Mittelstandsgemeinschaft Foto-Marketing (MFM), in its current version as agreed. 3.4 The agreed fee is - unless otherwise agreed - payable for a one-time use within the scope of the agreed purpose. Any other, extended and/or repeated use is again subject to a fee and requires a corresponding new release declaration and fee agreement. 3.5 If an object illustrated with the images from Beautiful Sports is depicted in another medium (e.g. book cover, brochure, poster, etc.) and if the original image motif is recognizable in this image, the customer must inform Beautiful Sports about this further purpose of use. In this case, a new usage fee must be paid to Beautiful Sports. 3.6 Beautiful Sports charges appropriate surcharges for exclusive rights, blocking periods, for the use of photographs taken under special circumstances and/or with increased costs and for the use of image material marked “special conditions”.
4. Processing fees and other costs 4.1 Beautiful Sports charges a processing fee according to the price list for processing image orders. Further costs for telecommunications, postage, couriers, etc. - for example in the case of sending digital data carriers - are calculated separately. 4.2 Beautiful Sports is entitled to pass on to the customer any fees payable to the artists' social insurance for the respective photographers. 5. Terms of payment and right of retention 5.1 Usage fees and fees according to these terms and conditions, in offers, price lists or other documents are net without VAT and artists' social security contributions, unless otherwise stated. In offers from BEAUTIFUL SPORTS to consumers within the meaning of § 13 BGB, the final price including VAT and other price components is always stated. 5.2 Invoices from Beautiful Sports are due for payment without deductions immediately upon receipt of the invoice. 5.3 If the customer is an entrepreneur within the meaning of § 14 BGB, offsetting or asserting a right of retention is only possible with undisputed or legally established counterclaims. 6. Credits to image sources and specimen copies 6.1 The customer undertakes to include a reference to Beautiful Sports in conjunction with the name of the photographer (credits to images) when publishing. The placement of the image source must indicate the assignment to the respective photograph. In individual cases, Beautiful Sports can request that the image material be published without crediting the image source. 6.2 If the image source is not provided in whole or in part without Beautiful Sports' request, Beautiful Sports is entitled to charge a contractual penalty of 100% of the agreed fee. Upon first request, the customer must release Beautiful Sports from third-party claims resulting from the failure to provide credit to the image source. This also applies to reasonable legal defense costs. The customer is expressly permitted to prove that no damage or reduction in value occurred at all or that it was significantly lower than the flat rate. 6.3 The customer, who is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), must send Beautiful Sports, free of charge, two complete copies of each publication in print media. If the specimen copies have not been received by Beautiful Sports within one month of publication, Beautiful Sports is entitled to commission a clipping service to obtain copies of the publication at the customer's expense.
7. Liability, compensation, contractual penalty 7.1 The customer is responsible for the text on the image material. This also applies if Beautiful Sports provides separate information texts about the image material. Beautiful Sports is not liable for legal violations caused by non-contractual, falsifying and/or misleading use of images and text. Unless otherwise agreed, Beautiful Sports is not liable in particular for non-editorial use of the image material or for use for advertising purposes. Liability is also excluded if the personal rights of those depicted are violated as a result of the specific defamatory editorial inclusion of the Beautiful Sports images. If the rights, in particular the personal rights of those depicted or of third parties, are violated through the use of the image material in a manner contrary to the contract, the customer must indemnify Beautiful Sports from any resulting claims against Beautiful Sports upon first request, along with the reasonable costs of legal defense. 7.2 If the customer does not use the images to the agreed extent and nothing different has been expressly agreed in writing with Beautiful Sports, the customer is obliged to transfer any existing copyrights and other rights to the items depicted as well as rights to their own image and other personal rights to their legal entities to clarify at your own expense and risk and to obtain any necessary prior consent for publication - e.g. for advertising use. The customer releases Beautiful Sports from all claims by third parties that are brought against Beautiful Sports due to unauthorized use of the material - regardless of the legal basis. The costs incurred by Beautiful Sports for appropriate legal defense and/or prosecution against third parties are borne by the customer. 7.3 The use of images depicting people from contemporary history may only be used editorially. To use such images for advertising purposes, the customer must obtain the consent of the person depicted. 7.4 In the event of unauthorized use or distribution of the image material, unauthorized granting of reprint rights to third parties as well as unauthorized making of any kind of copies and their distribution to third parties, Beautiful Sports is entitled to impose a contractual penalty in addition to the respective usage fee and any other fees and costs incurred as a result of the infringement to demand the amount of twice the usage fee from the customer, provided that the customer is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) or commits the infringing act as such. 7.5 The customer does not acquire any ownership and/or right of use by paying blocking fees or a contractual penalty. 7.6 Beautiful Sports is not liable for slightly negligent violations of non-essential contractual obligations. Those contractual obligations are considered essential, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner regularly trusts and can rely. 8. Private sales 8.1 The sale of photos to consumers in the sense of of § 13 BGB (private sale within the meaning of these terms and conditions) is made exclusively to the people depicted or their legal guardians. 8.2 Sports photos of children and young people are only sold to the people depicted or their legal guardians if the people depicted or their legal guardians have proven their identity or are personally known to the owner of BEAUTIFUL SPORTS. 8.3 If one or more photos are sold to private parties, publication of these photos is excluded. When these photos should be published, a separate, written agreement must first be made with BEAUTIFUL SPORTS. In any case, naming the author is mandatory. 8.4 If one or more photos that were sold to private parties are published without written permission, BEAUTIFUL SPORTS can demand compensation in accordance with legal regulations. 8.5 Mandatory information for consumers and information for electronic commerce can be found in Section 11 of these General Terms and Conditions. 9. Data protection Your personal data will be processed in accordance with the applicable data protection regulations. Details can be found in our data protection declaration at https.//www.beautiful-sports.com/datenschutz. 9.1. The law of the Federal Republic of Germany also applies to all contractual relationships between Beautiful Sports and the customer, including the delivery of image material and/or the granting of usage rights to foreign customers. Private international law does not apply. 9.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction and place of performance is Cologne. The same applies if the customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual residence is not known at the time the action is filed. Deviating from this, Beautiful Sports can also assert claims at the customer's general place of jurisdiction. Any exclusive place of jurisdiction remains unaffected by this. 9.3 Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this will not affect the validity of the remaining provisions. Beautiful Sports and the customer undertake to replace fully or partially ineffective provisions with a contractual provision whose economic success comes as close as possible to that of the ineffective provision. 10. Consumer information and information for electronic commerce for entrepreneurs and consumers: BEAUTIFUL SPORTS is exempt from the obligations in electronic commerce in accordance with Section 312i Paragraph 1 Sentence 1 Numbers 1 to 3 and Sentence 2 BGB towards entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). The following applies to consumers within the meaning of § 13 BGB:
11. Contract 11.1 Contract language The contract language is German. These terms and conditions are available in German only. 11.2 Conclusion of contract and technical steps that lead to conclusion of contract with a consumer The paid content from BEAUTIFUL SPORTS on the website only represents advertising from BEAUTIFUL SPORTS and is not a binding offer to a customer. After registering, a customer has the opportunity to send a non-binding fee request to BEAUTIFUL SPORTS via a web form. BEAUTIFUL SPORTS will then send the customer a binding offer with an invoice by email. The offer from BEAUTIFUL SPORTS is then accepted at the time of confirmation of the customer's payment instruction to the payment service provider chosen by him (e.g. PayPal). The contract with BEAUTIFUL SPORTS is concluded when the customer confirms the payment instruction to PayPal or another payment service provider. 11.3 Storage of the contract text The contract text and these General Terms and Conditions will be sent to the customer by email in text form after the contract has been concluded, at the latest until the image material has been delivered. In addition, the contract text is stored on BEAUTIFUL SPORTS’ internal systems. The customer can also request his order details from BEAUTIFUL SPORTS by email. 11.4 Details regarding payment Payment is made using one of the payment options offered by BEAUTIFUL SPORTS in the binding offer. 11.5 Details regarding delivery The paid content will be sent to the customer by email immediately after payment. 11.6 Prices The prices stated in the binding offer from BEAUTIFUL SPORTS to a customer who is a consumer within the meaning of § 13 BGB include the statutory VAT as well as other price components (final price). 11.7 Information about warranty conditions and guarantees The customer's warranty claims are based on the legal regulations. If the provider grants an additional voluntary guarantee, the customer's legal rights (in particular warranty rights and cancellation rights) are not restricted by this. Rather, the guarantee applies in addition to the legal rights, whereby the content of the guarantee and all essential information required to assert it against the provider can be found in the respective guarantee declaration. 11.8 Right of withdrawal for consumers If you conclude a legal transaction for a purpose that cannot predominantly be attributed to your commercial or independent professional activity (consumer within the meaning of § 13 BGB), you are entitled to the following right of withdrawal: Instructions on withdrawal Right of withdrawal You have the right to revoke this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day the contract is concluded. In order to exercise your right of withdrawal, you must contact us [BEAUTIFUL SPORTS Pressefoto UG (limited liability), Am Kielshof 12, 51105 Cologne, telephone +49(0)221 2856374, fax +49(0)221 2856375, email: info@beautiful- Inform sports.com of your decision to revoke this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the sample cancellation form attached, although this is not mandatory. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires. Consequences of withdrawal If you withdraw from this contract, we will have to pay you all payments we have received from you, including delivery costs (except for additional costs resulting from you choosing a different type of delivery than that offered by us). have chosen the cheapest standard delivery), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. 11.9 Essential features of the goods or services You can find the essential features of the services in the offers from BEAUTIFUL SPORTS. 11.10 Online dispute resolution (OS platform): The EU Commission provides an online platform for dispute resolution (OS platform) with online entrepreneurs. The OS platform is intended to be used for the out-of-court settlement of disputes regarding contractual obligations arising from online purchase and service contracts. This OS platform can be accessed under the following link: http://ec.europa.eu/consumers/odr/0 11.11 Dispute resolution according to the Consumer Dispute Resolution Act (VSBG): We are neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board . 11.12 Identity and summonable address of the seller Our identity and our summonable address are: BEAUTIFUL SPORTS Pressefoto UG (limited liability) represented by the managing director Mr. Axel Kohring Am Kielshof 12 51105 Cologne Status of these general terms and conditions: July 16, 2018 Attachment: Cancellation form If you want to cancel the contract, please fill out this form and send it back. To BEAUTIFUL SPORTS press photo UG (limited liability) Am Kielshof 12 51105 Cologne Email: [email protected]
— 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 the consumer(s): ______________________________________________ — Address of the consumer(s): ___________________________________________ ____________________________________________________________________________ Signature of the consumer(s) ____________________________________________________________________________ Date: __________________________