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1.) In this agreement the items (a) pictures includes a photograph, video, transparency, negative, artwork, painting, montage, drawing, engraving, or any other item which the agency may offer for the purpose of reproduction; (b) the agency is the supplier of all items showed on their pages; (c) reproduction includes any form of copying of the whole or part of the whole of any pictures whether by printing, photography, slide projection (whether or not to any audience), xerography, artist's reference or illustration, Video players, layout or representation, electronic or mechanical reproduction or by any other means, are always owned by FASHIONPPS.com (Delta Hewa Media KG) and are not for free of use. Each use of the pictures, videos or items must be payed.
B. COPYRIGHT, LAW
1.) All pictures, videos or items are only given for a one time loan period except we agreed other use. The supplied materials are always in our own and may only used for editorial use, except we agreed other use by a written permit. Reproduction rights (if and when granted) are strictly limited to the use period of time and/or territory specified on the agency's or clients invoice and unless otherwise agreed in writing relate to a single publication in a single size with text (if any) in one language only. Rights granted to reproduce a picture on a product do not include the right to use that picture directly or indirectly in any manner in the advertising of the product unless such right is specifically granted. Reproduction rights granted are personal to the client and may not be assigned nor may any picture submitted to the client be loaned or transfered to third parties save for the purpose of the exercise by the client of such reproduction rights.
2.) We don't give rights to the use or take care of third parties requests especially of unauthorized use of pictures, like advertisement, public relation, Illustrations,..., written by the Austrian law of § 78 UrhG, 1041 ABGB.
3.) Photo Credit: The following photo credit must appear adjacent to the use of licensed material: "fashionpps.com". If Licensee omits the credit, Licensee will be charged an additional fee equal to one hundred percent (100%) to the license fee.
C. PAYMENT, REPRODUCTION RIGHTS
1.) Each use of our photographic material shall be agreed before publication . The specific photo credit must be given to each published picture, otherwise we have the right to charge 200 % additional to the regular price by the Austrian law of § 74, Abs. 3/ UrhG. "Exclusive"-pictures have an additional fee of 100 Percent. Each user agrees to send two copies of his publications for our control. If there is only a digital use of our pictures the client must mail the URL of his web-site, time and date of our pictures use within 14 days. This agreement shall be subject to and construed according to Austrian law and the parties agree to accept the exclusive jurisdiction of the courts of Vienna. Austria, January, 2016
FashionPPS.com gives no rights and makes no warranties with regard of the use of people, names, trademarks, logos, registered, unregistered or copyrighted designs or works of art in any licensed material. Unless otherwise agreed in writing, no model, property, team logo, trademark or other releases are delivery by FashionPPS.com in connection with the delivery of licensed material hereunder. As to any release delivered with any licensed material. FashionPPS.com makes no representation, warranty or guarantee as to its sufficiency with regard to any use of the licensed material made by license. Licensee bears the responsibility of obtaining all necessary individual, property, team logo, trademark and or other releases, approvals and clearances from third parties prior to using the licensed material.