General Terms and Conditions
 

General

1. All offers, deliveries, electronic transmissions and the granting of usufructuary rights are exclusively non-binding and subject to the following business conditions of licensor OKAPIA KG, Michael Grzimek & Co., hereinafter called OKAPIA KG.
As supplement to these conditions special business conditions apply for the utilization of the OKAPIA KG services via internet. This applies particularly when OKAPIA KG grants a customer telecommunication access to OKAPIA KG databanks, to research therein and acquire photos and usufructuary rights thereto.
Supplementary business conditions apply furthermore particularly for the utilization of services of OKAPIA KG within the scope of the digital use of picture material from the program Royalty Free Offers.
Deviating conditions and special agreements must be set forth in writing. Complaints pertaining to the content of shipments must be made by telephone within 24 hours after receipt and submitted subsequently in writing within one calendar week. This applies likewise to the quality standard of the picture material. In the event of failure to register immediate complaint, our liability for costs incurred or incurring is excluded.
Picture material supplied/electronically transmitted remains the property of OKAPIA KG. It is made available temporarily exclusively to acquire usufructuary rights under the terms of the copyright law for the purpose quoted on the delivery slip within the named period. When using picture material in internet the maximum dissolution is 320 x 240 pixel. The electronic labelling of scanned pictures (copyright details) may not be removed. The assignment of further rights to the customer requires a special written agreement.
 

Fees

2. A fee is payable for each utilization of our picture material. This also applies to the use of a picture as original for drawings, caricatures, recomposed photos, for layout purposes and client presentations as well as the use of a picture detail to compose a new picture by montage, photo-composing, electronic picture carriers or similar techniques.

3. Fees are to be agreed prior to utilization. They depend on the medium, the type and scope of utilization, details of which are to be supplied to us. If the customer requests no fee regulation, then our scale of fees applies correspondingly.
Should the customer fail to supply precise details, OKAPIA KG is entitled to apply a flat-rate fee, namely the conventional reimbursement. All fees quoted in offers, pricelists and other documents are in all case net excluding VAT and social insurance for artists.

4. A supplement to the basic fee for the pertinent utilization is charged fundamentally on photomodel, aerial, underwater, expedition and other shots taken under exceptional circumstances and at special costs.

5. Fees apply only for the one-time utilization for the purpose quoted, the named time period and the agreed language area, country and territory. A fee is due and our written consent is required for each additional utilization.

6. When an illustrated object (for example a book, record cover, leaflet, etc.) is shown in a new medium, then a renewed fee is due for the visible photo subject regardless of the fee already paid for the usufructuary rights for the same picture in the original purpose. This applies particularly for utilization for advertising purposes. The customer must inform OKAPIA KG about the new field of application and obtain written consent thereto.

7. Under the reservation of further damage compensation claims, a minimum fee in the amount of five times the conventional utilization fee is payable for the unauthorized use or handling of our picture material.

8. Exclusive rights or embargo periods require special agreement and incur a supplement of at least 100% on the relevant basic fee.

9. The customer is obliged to furnish all necessary details on the type and scope of the utilization of an archive picture. OKAPIA KG declares its consent to the utilization of the supplied picture material according to the details of the customer. Should the details supplied by the customer not correspond with the type of utilization, consent for utilization applies as not granted and OKAPIA KG s released from any third party damage claims.

10. Fees are due for payment at latest one month following the intended application notified by the customer, even if publication or other use has not yet taken place. Should the planned publication or other use not take place, a fee already paid cannot be reimbursed.
 

Miscellaneous Costs

11. Handling and shipment/transmission costs according to input required are charged for all pictures supplied/transmitted. Such costs cannot be accounted with any eventual utilization fees. With the payment of handling costs the customer acquires neither utilization nor ownership rights. OKAPIA KG bills at input incurred any intermediary costs for the procurement of third party material and information costs.

12. The supply of pictures ordered constitutes a loan arrangement that is free of charge within the return period quoted on the delivery slip, with the exception of costs detailed in item 11.
Rental costs of EUR 1.50 per day and picture are charged as of the return date for pictures not utilized. This applies also to free offers when the addressee is a regular recipient of freely offered picture material.
Further to the utilization fee an additional rental charge of EUR 1.50 per picture and day is charged as of the 91. day for the utilization of proposed pictures that remain longer than 90 days after delivery date with the customer.

13. Compensation must be paid for damaged or unreturned picture material. For total loss a compensation sum of EUR 600,00 per original picture and EUR 150,00 per copy apply as agreed, whereby OKAPIA KG is not obliged to prove the amount of individual damages. This sum is calculated from the elimination of further utilization potentials. The customer has the right to prove any lower damages in individual cases.
OKAPIA KG reserves the right for further-reaching compensation claims and rental costs. With the payment of compensation and/or other costs levied under these stipulations, the customer acquires neither the property nor the utilization rights on picture material of OKAPIA KG. Replacement duplicates offered for damaged or lost pictures will not be accepted. With the payment of a compensation amount the customer acquires neither utilization rights nor property on the pertinent picture material.

14. Our picture material is sealed. If the seal is broken without quoting a specific utilization, a layout fee in the amount of EUR 110,00 per picture is charged. OKAPIA KG also reserves the right to such charges for the electronic access and printing of materials, regardless of the supplementary conditions prevailing for the use of our services via internet.
The right is reserved to assert further reaching claims for damages.
 

Restraint, Liability, Utilization Rights, Copyright

15. Picture material supplied/electronically transmitted always remains the property of OKAPIA KG. It is made available temporarily exclusively to acquire usufructuary rights under the terms of the copyright law for the purpose quoted on the delivery slip within the named period. The picture material is only made available by OKAPIA KG for use under the terms of contract and after use it is to be returned immediately, respectively deleted from the electronic database of the customer. The contractually granted rights apply only to one-time use in the scope agreed. Repeats or extensions of the originally agreed utilization rights are only permitted with our prior written consent. Our prior written consent should be obtained particularly for any intended promotional utilization of the picture material. Insofar as promotional utilization may infringe the personal rights of persons pictured, the customer is obliged to obtain the consent of the person pictured. Should damage claims arise due to the omission to obtain consent from the person pictured, the customer pledges to safeguard OKAPIA KG from such damage claims.

16. Making available the picture material does not constitute the consent of OKAPIA KG to publish or otherwise utilize the material. Mandatory is our express release declaration which is first granted following precise indication by the customer of the type and scope of utilization and the relevant media. The submission of an invoice by us following utilization/fee discussion is a conditional release declaration. Utilization rights are first assigned after the payment of the agreed fee and only for the quoted utilization purpose.
Our consent for the assignment of utilization rights is also then not superfluous when the assignment occurs in the course of the total sale of a company or the sale of parts of a company (§ 34 para 3 Copyright Act); this clause is to be regarded as special agreement according to § 34 para 4 of the Copyright Act.
The passing on of the picture material or of reproduction rights to third parties requires a separate contract with OKAPIA KG.

17. A distortion of the copyright protected work by tracing, re-photographing, photo-composing or electronic aids is not permitted.  Exceptions require special agreement.
Upon infringement of this stipulation OKAPIA KG is entitled to invoice fivefold the conventional fee for this type of utilization or of the originally agreed fee.
Tendentially foreign utilization and distortions in picture and text as well as uses which may result in discrediting of the persons shown are not permitted and make the customer liable to compensation claims.

18. Duplication of transparencies and inter-negatives, reproductions, blow-ups and electronic storage of picture data of any type by the customer as well as passing on to third parties are not permitted. Special cases require the express written consent of OKAPIA KG. Upon infringement of this stipulation OKAPIA KG is entitled to demand a compensation amount of up to EUR 2,500.oo per picture, whereby in individual cases OKAPIA KG is also free to assert higher damage claims.
The customer is obliged unsolicitedly to inform us if and to what extent he/she has duplicated material, reproduced other originals for own filing purposes or stored digital data of our photos without the express consent of OKAPIA KG. All copies etc. produced with or without the consent of the agency are to be handed over after use to OKAPIA KG, respectively deleted from electronic storage.

19. The customer is obliged to observe the journalistic principles of the German Press Council (press code). The user/customer bears responsibility for captions. We undertake no responsibility whatever for any infringement of general personal rights or copyright by the non-contractual or distorted use in illustration and text. Upon the infringement of such rights the customer alone is liable for compensation to any third parties.

20. We compile the information on picture content with great care. The descriptions of photographed objects are compiled according to the best of knowledge, mainly on the basis of details supplied by our photographers. Any liability of OKAPIA KG for damages resulting from erroneous descriptions by our photographers is limited to intent and gross negligence. OKAPIA KG undertakes no responsibility whatever for any infringement of general personal rights or copyright by the non-contractual or distorted use in illustration and text. Upon the infringement of such rights the customer alone is liable for compensation to any third parties.
The publication of pictures of famous personalities may only take place with their name and only editorially.
OKAPIA KG accepts no damage compensation claims resulting from the utilization of its pictures. Full responsibility is borne in any case by the management of the publishing company or other medium, including those claims from the right on one's own picture and the utilization of supplied picture material for promotional purposes without the prior acquirement of the consent of OKAPIA KG, also in view of any infringement of the personal rights of persons pictured.

21. We expressly reserve the assignment of secondary rights to utilization companies and do not acknowledge clauses under the terms of which the payment of fees excludes the granting of additional rights.

22.The customer is liable to OKAPIA KG until the return of undamaged pictures to OKAPIA KG, even when the photos are passed on by the customer to third parties. The same applies when, at the request of the customer, the pictures are forwarded to third parties by OKAPIA KG.

23. The customer bears the risk of the return shipment. Costs incurred and the complete and correct return shipment are the responsibility of the customer and upon loss or damage he/she is obliged to compensation, even when the return shipment to OKAPIA KG is undertaken by third parties commissioned by the customer.
Insofar as not otherwise agreed, an obligation to perform by the customer applies as agreed. The absence of masks and caption texts is also regarded as incomplete return. Our administration costs are borne by the customer, whereby a minimum amount of EUR 30 will be invoiced.
 

Copyright, Voucher Copy

24. The publication of picture material is only permitted with copyright and agency indication under the terms of the Copyright Act. The copyright indication "OKAPIA KG" must appear unmistakeably and clearly, regardless of the pertinent medium. The indication must be unequivocally connected with the relevant picture.
If a photographer is named specifically on the reverse of a black/white photo or the label of a colour transparency, this name must also be quoted, e.g. "Schneider/OKAPIA KG". When the customer infringes this obligation or the elimination of the copyright and agency indication is expressly permitted, the agreed fee is increased in each case by 100%. This applies likewise to advertising and insertions or portrayals in TV programs, films or other electronic media.

25. According to § 25 of the Publishing Act the customer must supply free of charge and unsolicitedly two voucher copies of each publication to OKAPIA KG.
 

Conditions of Payment, Court of Jurisdiction, Miscellaneous

26. The invoice sum is due without deduction within 14 days following invoice date.

27. Insofar as legally permissible, court of jurisdiction and place of fulfilment is Frankfurt am Main for both parties.

28. The legal relationships between OKAPIA KG and the customer are subject exclusively to the law of the Federal Republic of Germany. This
also applies for deliveries to other countries.

29. Should a stipulation of these Terms and Conditions be or become ineffective, the effectiveness of the remaining stipulations is not thereby affected.