Following terms are used in the standard terms of business which concern the use of our website:
Website: refers to the website www.lessing-photo.com.
Content(s): refers to all pictures, graphics, texts and software-elements of our website as well as parts of it.
We, us, our: refers to Erich Lessing Culture and Fine Arts Archive, their employees and licensed agents.
Pictures: refers to all - including parts of - photographies, digital compositions and illustrations which are shown on or taken from our website.
Category of use: refers to the intended use of our pictures, choosen and binding during the order transaction.
You and Yours: refers to the user of our website.
These Standard Terms of Business concern the use of our website and determine the agreement between you and us concerning licensing of pictures or other content which you have acquired from our website. Other conditions on your part, which are not expressly accepted in writing, do not oblige us.
Verbal, telegraphic, telephonic or any other electronic agreements are not legally effective until a written confirmation. If you agree to these standard terms you also confirm that you have read them completely and that you submit yourself to these conditions concerning our website, every single picture and any other content shown on our website or acquired from it.
We reserve the right to stop your access to our website at any time without any announcements in advance and without naming the reasons, especially if you offend against any part of these standard terms.
II. CHANGES OF THE STANDARD TERMS OF BUSINESS
We expressly reserve the right to change these standard terms at any time without any announcement in advance. We will inform you about such changes on the start page of our website in a pop-up-window. You have to guarantee that your internet adjustments are settled in a way that the pop-up-window with the hint to the new standard terms will be announced. If you wish, we can also send you the changed standard terms; in that case you'll find adequate pop-up window in order to post your request.
The changes of the standard terms count for all contracts which are placed after the publication on our homepage. In any case it is your own and full responsibility to read the current version of the standard terms before you use our website.
III. RIGHTS OF USE OF PICTURES
All pictures and other contents of our website are absolute property and copyright of us, our photographers and our licensers.
We provide you a non-transferable and non-exclusive right of use, but not a property right for our pictures, which you acquire from our website. If not otherwise stated in the license, you are allowed to use this picture once and only in the category you specified in your order as the category of use. If you acquire more than one picture, this condition applies independently for every single picture.
If other conditions and regulations are stated within a category of use, these conditions and regulations replace the standard terms of business in this particular point; all other standard terms of business remain valid.
You are not authorised to resell or sublicense our pictures or picture combinations which contain our pictures without our written acceptance. Moreover, our former written acceptance is necessary to reproduce pictures with the intention to pass them on to others in digital, printed or in any other form. The processing of our pictures is only allowed after our former written acceptance (also per e-mail), where existing designations, copyright or property notices must not be removed or altered.
Our pictures can only be used in the category you have specified in your order. You are not allowed to use our pictures in a shameful or pornographic way, in a way that offends against copyright, trademark rights, intellectual property rights, public relations rights privacy, property or any other rights of us or third parties, or in an otherwise unlawful way.
IV. COPYRIGHT ANNOTATION
All published pictures have to be marked visible with the copyright annotation Erich Lessing Culture and Fine Arts Archive. The copyright annotation has to be placed on the same side as the picture. If that is impossible in some cases (titel, advertising), the copyright annotation has to be placed within the publication with a link to the page of the printed picture.
V. DATA PROTECTION
Your data will only be used for handling the business transaction between you and us. For online business transactions we need additional information from you, including name, address, e-mail address and credit card information. By providing us with this information you accept that we and our licensed agents, representatives, subcontractors, colleagues and authorised payment providers are allowed to use this data to handle the business transaction.
In your user account you can specify whether you give us permission to use your data for later sales campaigns and advertising mails. An entry in the list named in §7 (2) E-Commerce-Gesetz (ECG) is for us only relevant if you have also objected the sending of electronic post.
VI. "POSSESSION" OF THE WEBSITE
This website and all of its pictures are our property and exclusive property of our photographers. Without our written acceptance, they cannot be copied, reproduced, processed, altered or .transferred to others or made availiable in any other way. It is explicitly forbidden to transfer your usage license to others either with our without charge.
VII. GUARANTEE AND LIABILITY
We ensure that the digital copies of our pictures you receive are free from material defects for a period of 30 days after delivery. If this is not the case, it is our sole liability replace the digital copy by an intact copy, or, if this is not possible, to refund the purchase price..We are also liable for holding the rights to the pictures at least to the extent we sell to you.
If we contract with companies, this guarantee replaces the warranty.
We don't assume any further liabilities, neither expressly nor implicit, especially for market fitness, satisfactory quality or suitability for a specific purpose. Neither we nor our licensed agents, representatives, subcontractors or colleagues are liable for any damage, regardless of which kind, especially and without exception for loss of earnings, loss of information or any other financial loss, which originates from the use of our pictures or other content of our website.
We cannot guarantee that our website works without interruption, error-free, free from viruses, unauthorised program codes or other harmful components. You accept to use this website on your own risk and take responsibility for taking all precautions you deem necessary to protect you from damage, danger or loss which could be caused by the the use of our website or its content. You bear all costs for all necessary services, repairs or corrections of your instruments or the instruments necessary to use our website.
VIII. PRICES AND CONDITIONS OF PAYMENT
All prices and additional expenses are charged by a valid price-list at the time of performance. We reserve errors, changes and misprints. Price-lists in the last version are decisive. Price-lists are availiable at the website www.lessing-photo.com and can be transmitted upon request. The prices are exclusive of value added tax.
Payments are due immediately after reception of invoice.
In case of credit card payments, the full due amount will be deducted from the provided credit card amount immediately after the final submission of your order.
We are authorized to render invoices after partial delivery or partial performance.
Received payments amortize at first compound interests, then interests and additional expenses, then the oldes outstanding debt.
IX. DEFAULT OF PAYMENT, DUNNING
In case of default of payment interest on arreas amounting to 1,25% per month will be charged. The setoff or retention of payments because of existing or asserted counterclaims is forbidden.
In case of default of payment you are bound to refund all costs we layd out which were necessary … for example lawyer fees or costs of debt collecting agencies In case that we practice the dunning ourselves you have to pay an amount of EUR 10.-(in words:Euro ten) per reminder.
X. LEGAL VENUE
These standard terms of business and any disputes from the agreements between you and us underlie austrian law. The use of UN-Tradelaw is excluded.
Legal venue for all litigations due to the business connection, appearance or effectiveness of the contract and place of performance is Vienna.
For all lawsuits against a consumer who has his domicile, his common stay or his place of employment in inland those court is competent in which district the consumer has his domicile, his common stay or his place of employment.
All representations have to be in written form.
Should these standard terms of business partly be void, the contract persists as well as the other terms of business stay valid.