General Terms and Conditions
1. General
Deutsche Bank/PalaisPopulaire provides access to photographic material under the following terms and conditions. By registering for our press service "Photo-Files" from Labor Pixel Grain GmbH, located at Rosenstraße 16 | 17, 10178 Berlin-Mitte, (www.photo-files.de), you acknowledge and accept these terms and conditions.
2. Scope of application
These General Terms and Conditions (GTC) apply to the utilization of the Photo-Files service and use of images from Deutsche Bank/PalaisPopulaire obtained through the Photo-Files service, effective at the latest when the image materials are downloaded.
3. Purpose of use/rights
The photo material is exclusively provided for press purposes. Any other usage necessitates the prior express consent (in written form) of Deutsche Bank/PalaisPopulaire. Users are required to furnish Deutsche Bank/PalaisPopulaire with all relevant information (e.g., number of copies, image size, distribution area, duration of use, etc.).
Unless otherwise agreed, Deutsche Bank/PalaisPopulaire grants the user a non-exclusive, single-use right to the photographic copyright for the specific purpose. The user is responsible for respecting other rights (e.g., copyrights to depicted artworks, personal rights, trademark rights).
Image material from Deutsche Bank/Palais Populaire may not be reproduced, copied, digitized, duplicated, archived, stored (e.g. lithographs, films, electronic media), modified or used in any other manner or passed on to third parties for use without prior consent (in written form). This restriction also applies if the image material is obtained through third parties (e.g., publishers in takeovers, etc.) or from other sources (e.g., copyright-protected originals from printed works).
Any copies, reproductions, or similar materials created are the property of Deutsche Bank/PalaisPopulaire.
4. Duration of photographic material download (digital)
Image material is only made available to the customer for the agreed purpose (refer to the "Purpose of use/rights" section above) for a limited period or on a loan basis. Consequently, the usage is time-restricted. The photographic material utilized remains the property of Deutsche Bank/PalaisPopulaire and must be deleted without request within four weeks of the agreed-upon use. This period may be extended upon request. Additionally, any image material that is only viewed by the customer but not selected for use must be promptly deleted.
5. Specimen copies
In the event that Deutsche Bank/PalaisPopulaire image material is published in print products, the customer is obligated to provide two specimen copies free of charge, without request, or, alternatively, include a reference with a link if the image files are used on the Internet. The physical specimen copies should be sent to: Deutsche Bank, PalaisPopulaire, Unter den Linden 5, 10117 Berlin, clearly identifying the corresponding images. Deutsche Bank/Palais Populaire reserves the right to aquire additional copies at a preferential price in accordance with § 26 of the German Publishing Rights Act.
6. Proof of origin
For each publication of Deutsche Bank's image material, the user is required to furnish the following proof, in addition to safeguarding the copyright of the depicted works of art:
© PalaisPopulaire/Deutsche Bank and (if specified) the name of the photographer
It is imperative that there is no ambiguity in the attribution of the image and proof of origin. Failure to comply with any of these obligations may lead to legal action.
7. Miscellaneous
In case individual provisions are deemed invalid, this shall not affect the overall validity of the contract. Deviations from these provisions require prior explicit agreement.
The customer's terms and conditions are expressly rejected and shall not form part of the contract.
The place of performance and jurisdiction for all disputes between us and our customer shall be our registered office if the customer is a merchant, a legal entity under public law, or a special fund under public law.
Our place of business shall also be the place of jurisdiction if the customer does not have a general place of jurisdiction in Germany at the time the order is placed, relocates their domicile, or usual residence outside the territory of the Federal Republic of Germany after the order, or if their usual place of residence is unknown when legal action is initiated. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Status as of 2018