General Terms and Conditions / Terms of use
SCOPE OF APPLICATION
Gigapixel GmbH operates Large Format Stock, an Internet platform for the sale and acquisition of digital images. Below, you will find the terms of use and the rules that apply if you wish to avail yourself of the services offered herein.
EXCLUSION OF LIABILITY
The provider reserves the right to change, suspend or completely discontinue the operation of the website Large Format Stock at any time. This applies to all content and all services, information, properties or functionalities offered on these web pages. The provider also reserves the right to sell or transfer the website Large Format Stock to a third party without giving prior notice.
Any risk pertaining to the use of the website and any linked external web pages shall be borne solely by the user or the owner of the linked web pages. In particular, he shall assume sole responsibility and the sole risk of loss that may arise from the download or upload of files. The person who has initiated the upload shall be principally liable for all content of uploaded files, references or links. Gigapixel GmbH is not obliged to check any uploaded works and content and does not accept any responsibility in this regard.
REFERENCES AND LINKS
Linked external web pages are generally subject to an exclusion of liability on the part of Gigapixel GmbH At the time the link was put in place, the provider has carried out a check of the content, in particular in relation to its legality, to the best of his ability. The provider has no influence, however, on current and future design and content of the linked pages. This is why Gigapixel GmbH hereby expressly disassociates itself from all content of any linked pages.
COPYRIGHT AND TRADEMARK LAW
All brand names and trademarks mentioned on the website, including those protected by third parties, are fully subject to the provisions of trademark law as amended from time to time and the ownership rights of the respective registered owners. A mere mention does not imply that trademarks are not protected by third party rights. The copyright for published objects remains entirely with the creator. A reproduction or use of such image files, graphics, audio clips, video sequences and texts without acquiring a license or without the explicit consent of Gigapixel GmbH is not permitted. You acknowledge and agree that rights of ownership in the works displayed on Large Format Stock are not transferable and may not be sold here. All works (images, graphics, fonts) may only be used in accordance with the license obtained by way of purchase. All exhibited works remain the property of the copyright holder and/or Gigapixel GmbH at all times.
UPLOADING WORKS OR CONTENT – RIGHTS AND OBLIGATIONS
After successful registration and activation by Gigapixel GmbH, you can log on by using the access data provided to you. Any uploaded material is checked by Gigapixel Ltd. for quality and content before it is published. Gigapixel GmbH reserves the right to reject works without giving reasons. You may only upload works whose owner and creator you are. Works depicting recognizable individuals require their written approval (model agreement or release). Minors require consent of their guardians. Private property belonging to third parties, such as buildings, trademarks and other protected media, requires the written permission of the owner.
From the time the image files are uploaded to the server of Gigapixel GmbH, the image owner and/or copyright holder irrevocably offers his works for use subject to the user licenses.
The storage of model agreements or property releases is the responsibility of the creator of the uploaded works. Upon request by Gigapixel GmbH he undertakes to transmit model agreements or property releases. Should any copyright-related disputes arise, Gigapixel GmbH will always refer to the contractual partner who has uploaded the material. We are happy to act as intermediary and mediator. We reserve the right to delete any uploaded image material from Large Format Stock without giving reasons, inter alia in the case of failure to sell.
DOWNLOADING WORKS OR CONTENT – RIGHTS AND OBLIGATIONS
After successful registration and activation by Gigapixel GmbH you can use your access data to purchase licenses in line with the pricing policy. The prices can be viewed in the sales portal, depending on the licenses and sizes offered.
The use of image material is only permitted in the context of the license purchased. The creator of the image should be mentioned in the case of publications which include a legal notice/masthead, e.g. magazines or web pages or similar.
Any use for political or similar use requires prior approval by Gigapixel GmbH
DATA PROTECTION NOTICE
As part of our services, personal data is collected, stored, processed and used on Large Format Stock. This is data that contains information about personal or factual circumstances of a particular user. Gigapixel GmbH may use personal data of users for its own purposes, statistical analysis and for its own marketing. The data is, however, never sold or given to third parties. We undertake to treat personal data with the utmost care and responsibly. Users of our website explicitly agree to such data storage and processing.
REGISTRATION
All parts of the offers of Large Format Stock can be used without registration. By registering, the user declares to have read, understood and accepted all the terms of use. By sending the data in the registration form, the user agrees to the terms of use. The provider reserves the right to reject the registration of the user without giving reasons. The user is obliged to truthfully and accurately complete all the fields provided in the registration form.
Only members with full contractual capacity or members who have obtained the consent of their legal guardian are entitled to use the services. Users are required to store their access data carefully. The user is responsible for ensuring that this data is never disclosed to third parties. We accept no liability for any damage suffered due to the loss or misuse of users’ access data. If a misuse of this data is suspected, Gigapixel GmbH must be notified without delay.
BREACH OF THE TERMS OF USE
In the event of a breach of the terms of use, Gigapixel GmbH is entitled to initiate action in the criminal or civil courts where appropriate. In such a case, we will terminate any existing service agreements with the user without notice and cease to provide all contracted services. The user’s payment obligations shall not be affected by this, and any fees already paid by the user will not be refunded. If the breach of the terms of use results in Gigapixel GmbH suffering loss or damage, we reserve the right to claim damages. Any resulting damages claims asserted by third parties against Gigapixel GmbH or any costs incurred by us shall be borne by the user who has acted in breach of contract.
TERMS OF PAYMENT
Registration as a licensee on Large Format Stock is free of charge. Costs are incurred once user licenses are acquired.
RIGHT OF CANCELLATION
We will provide any digital content that has been acquired to the customer as a download link via email. Upon receipt of the email, including the download link, the right of cancellation lapses. In order to prevent the provided files being copied, we are required to apply this cancellation method which is common for digital products. In the event that the purchased image has any technical defects or errors, you may withdraw from the purchase, in writing, within 14 days.
Online platform of the European Commission for disputes in relation to online purchase agreements From 9th January 2016, disputes relating to online sales purchase agreements or service agreements between consumers and traders (“B2C”) are to be settled via an online platform provided by the European Commission. You can access this platform under: ec.europa.eu/odr/
Our email address is: info@large-format.photos
PLACE OF JURISDICTION
Place of jurisdiction and place of performance shall be Ilmenau, Germany. The law of the Federal Republic of Germany shall apply.
LEGAL EFFECTIVENESS OF THE TERMS OF USE
These terms of use are a constituent part of our website and apply to all areas of Large Format Stock. Singular and plural, masculine and feminine forms shall be considered equivalent throughout these terms and conditions. Severability clause: if parts of or certain wordings used in these general terms and conditions are invalid or unlawful, the rest shall remain effective, binding and within the meaning of the general context.
The pages “About us” and “Q and A” are also constituent parts of these general terms and conditions.