End User Licence Agreement
effective from 24.11.2014
1.1 The present Agreement stipulates the conditions under which customers (hereinafter referred to as "customers") may use the photos, illustrations and other media contents made available by PantherMedia GmbH (hereinafter referred to as "PantherMedia") through the website www.PantherMedia.net.
1.2 The End User Licence Agreement applies in addition to the Terms and Conditions of Use which apply to the website and which have been entered into by all authors and customers (hereinafter collectively referred to as "members"). In the event of inconsistencies between the End User Licence Agreement and the Terms and Conditions of Use, the provisions of the present End User Licence Agreement shall apply.
2.1. Standard licence
2.1.2 All other rights to the content and with respect to the contents, including all copyrights, shall remain with PantherMedia and the author of the contents respectively.
2.1.4 Purpose of use:
2.1.5 Right of processing: The content may be altered as long as it can be assumed that the alterations will not entail any disadvantages for the author, the model shown or for other third parties, as for example interference with the authors´ personal rights, damage to reputation, infringement of proprietary rights. In no event may the contents be distorted by the alteration.
2.2. Extended Licences
2.2.1. In addition to the rights granted in the standard licence, extended licence rights may be purchased. Basis of the licence agreement remains the rights granted in the standard licence (see 2.1). However, these standard licence rights may be extended according to 2.2.3.
2.2.2 No extended licence can be acquired if the content is labelled "only for editorial purposes".
2.2.3. Extended Usage and transfer rights
(a) Social Media Licence: The content may be used and published within social networks (so called „share“ functions, e.g. within facebook).
(b) Press Release Licence: The transfer of rights of use within the scope of press releases is permitted if the offer to download contents is not freely accessible and is always marked to the effect that the content may only be used in connection with the press release.
(c) Corporate Licence: - The licence may be transferred to affiliated enterprises within the meaning of Section 15 of the German Stock Corporation Act or franchise companies. Affiliated enterprises are legally separate enterprises which in relationship to each other are subsidiary and parent company, controlled or controlling enterprises, members of a group, enterprises with cross-shareholdings, or parties to an enterprise agreement.
(d) Merchandising Licence: The contents may be used by customers in any media (such as online use of any kind, print use, TV, cinema, theatre, videograms (CD, DVD, etc.), interactive and multimedia use, etc.). This includes in particular the right of commercial exploitation of the contents by manufacturing and distributing goods of all kinds (products intended for resale such as posters, calendars, dolls, games, toys, stuffed animals, sporting articles, household, bathroom and kitchen goods, clothing articles, printed matter including comics, sound carriers, headgear, buttons, etc.), in particular interactive and multimedia products (such as computer games).
(e) Template Licence: The content may be used and resold in the context of a template in an unlimited number of electronic templates for e-greeting or similar cards, for internet- and software development, for PowerPoint and other presentation software, for apps, screensavers, as well as electronic templates for web, Email and brochure-templates and other electronic and print templates.
2.3. Licence for layout images/contents
2.3.1 PantherMedia grants customers restricted use of all contents, with or without watermarks, for the sole purpose of preparing drafts, sample layouts, and demo presentations in view of the purchase of a content.
2.3.2 The free layout images/contents may not be used in end products - either for internal or for external purposes.
2.3.3 Layout images/contents may not be made accessible to the public, meaning they may not be used on another website, a server with free online access, or a company´s intranet.
2.4.1 The terms of standard licences apply to the utilization of "free contents of the day", with the restriction that the contents, if they are used for print, may only be used up to a circulation of 10.000.
2.4.2 For all larger circulations, the normal licence fee per licence becomes due and payable.
3. Image subscriptions
The following regulations only apply to customers of the “Image Subscription” product (hereinafter: “Image subscription”) and thus not for images on demand, credit purchase or image package purchase.
3.1 An image subscription entitles only one individual natural entity (person) to licence, to download and to use contents. If the image subscription is acquired by a corporation or any other legal entity, only the person stated at the registration (registered member) shall be entitled.
The PantherMedia username and password may only be used by the natural entity (subscriber) personally. Each person who would like to have access to the PantherMedia websites must use his/her own user name and password. We reserve the right to monitor accounts and to use means in order to prevent the forwarding of users’ login information.
For access of multiple natural entities of a corporation or joint use of contents (see 3.2.), we offer a corporate account with special conditions for individual customers’ requirements. Please contact PantherMedia Support for further information.
3.2 Using the image subscription with third parties (non-subscribers and/or natural entities within the corporation other than the registered member) by means of digital asset management systems, jointly used storage media or similar for the purpose of joint use or transmission of these contents is forbidden. Transmission of contents may only take place within the framework of the acquired licence.
3.3. Stockpiling or otherwise storing of contents which are not used within twelve (12) months of the date of the first download of the contents or 30 days after the expiry of the image subscription is forbidden. If you fail to use an image within this period of twelve (12) months from the first download or 30 days after the expiry of the image subscription, you shall lose all rights of use for this image.
3.4 The number of available downloads depends on the product acquired. For the purposes of the present agreement, a day has been defined as a period of twenty-four (24) hours starting with the day at the time of the acquisition of the product. A day starts at midnight in the Central European Time Zone (CET) and ends at midnight (exactly 24 h). A month has been defined as thirty (30) successive days from the date of purchase of the product.
3.5 Subscriber acknowledges that the majority, but not all of the contents of the PantherMedia website is available in the image subscription.
3.6. Image subscriptions can be paid one-off or monthly. In the event of monthly payment of a multi-month image subscription, PantherMedia reserves the right to block the image subscription (following a caution) if PantherMedia cannot debit the customer’s account with or otherwise receives the monthly charges. If an account becomes blocked, the right to use any content downloaded within the image subscription shall automatically revert to PantherMedia. This shall not affect the customer´s obligation to pay. The blocking of the account shall be lifted without delay following payment of the missing amounts. Upon payment, the rights of use are granted again retroactively as from the time of first transfer..
3.7. To ensure that all the customers can use the contents without problems, delays or impairments and in order to protect customers against fraud, Subscriber acknowledges and agrees that PantherMedia has the sole right: (i) to monitor the use of the image subscription by Subscriber and also to monitor the contents downloaded by Subscriber; (ii) to mark, block or terminate Subscriber’s account if there is the suspicion that Subscriber is stockpiling the contents; (iii) to search for misuse of login data (ID and password) which breaches the present agreement and (iv) to terminate the contract without notice if PantherMedia gains the impression that a breach of the contract or misuse of the login data exists. In the event of the termination of the contract as a result of a breach of the contract or misuse of the login data, Subscriber shall lose the right to use the image subscription and the contents. In such a case, Subscriber must without delay delete all the contents which it has received within the image subscription and has not yet used.
3.8 Stored downloads are accessible as long as Subscriber possesses an active image subscription. In the event of an extension, reactivation or re-booking of an image subscription, the downloads from previous image subscriptions shall be displayed again.
4. Copyright Notice
Within the scope of use for editorial purposes, customers must name - in the manner customary for each type of utilization and together with the contents itself as far as this is technically possible - both PantherMedia and the author (with the name given upon uploading the contents) in the following form: "© panthermedia.net/name of the author".
5. Use Not Permitted
The contents may not be used
(a) for pornographic, sexist, defamatory, slanderous or racist images or for depictions offensive to minorities or religious feelings;
(b) in a manner disparaging for the author or the person(s) depicted, or if it can be assumed that the author or the person depicted may not approve of the publication (despite a so-called model release - declaration of release). For clarification: This applies to all images depicting the person in a situation which may violate such persons personal rights, including sexual acts or implied sexual acts or preferences, use or abuse of drugs, crimes, physical or mental abuse or pain, or any other situation likely to be deemed offensive to any person depicted in the contents (for example dating pages, escort services, erotic offers, pornographic offers, pages morally harmful for adolescents). In this event, an express written approval from the person concerned must be obtained through PantherMedia (against a flat fee);
(c) as trademark, registered design, logo or company symbol or as part thereof;
(d) for inadmissible communication measures, either direct or indirect (for example spamming);
(e) for other wrongful acts.
6. Transfer of the Rights of Use
6.1 The rights of use are transferred in accordance with the respective licence at the time the ordering process is completed.
6.2 The transfer is subject to the condition precedent that the licence fee payable is paid within the time for payment specified in the invoice. The time decisive for observing the time limit for payment is the receipt of the payment by PantherMedia.
6.3 In case of late payment, the rights of use revert to PantherMedia. This shall not affect the customer´s obligation to pay.
6.4 Upon payment, the rights of use are granted again retroactively as from the time of first transfer.
7. Licence Fee
7.1 The fee becomes due and payable immediately upon completion of the ordering process. The terms of licence fee payment contained in the Terms and Conditions of Use apply.
7.2 If the customer does not publish or utilize the content, PantherMedia is obligated neither to take the content back nor to refund the licence fee.
8. Limited Representations and Warranties
8.1 Customers are responsible for obtaining the approvals required for each use of the contents if such approvals have not been obtained by then. This applies in particular to depictions of persons, works of art or architecture, places not accessible to the public or other depictions containing names, firm names, marks, registered designs or copyright-protected works (Section 2 of the Copyright Law) or affecting other proprietary rights of third parties.
8.2 If it is not stated in the image description that a model release exists in the data concerning the content on the website, the rights of use are granted without model release. The customer shall be responsible for obtaining all necessary releases. However, PantherMedia is prepared to cooperate with the customer in obtaining such releases (for a flat fee).
8.3 If it is not stated in the data concerning the contents on the website that a property release exists, the rights of use are granted without property release. The customer shall be responsible for obtaining all necessary releases (such as a release with respect to any possible proprietary rights apart from the property release, see 8.4). However, PantherMedia is prepared to cooperate with the customer in obtaining such releases (for a flat fee).
8.4 PantherMedia is not in possession of releases/permits from manufacturers of commercial products (for example motor vehicles, airplanes, packaging material, designer clothing, etc.). However, releases are often obtainable on a case-to-case basis. It is the sole responsibility of the customer to ascertain whether a permit from the proprietary right owner is required in connection with utilization of contents. The customer is responsible for obtaining all necessary releases. However, PantherMedia is prepared to cooperate with the customer in obtaining such releases (for a flat fee).
8.5 Irrespective of this, PantherMedia has no obligation to cooperate, nor does PantherMedia owe any success.
8.6 PantherMedia´s liability and the liability of its vicarious agents for the breach of contractual duties and for tort are restricted to intent and gross negligence. This shall not apply in the event of any damage to life, body and health, claims due to a violation of cardinal obligations and compensation for damage caused by default (Section 286 of the German Civil Code). In this respect, PantherMedia is liable for each degree of its fault or the fault of its vicarious agents.
8.7 Liability for the violation of cardinal obligations shall be limited to foreseeable, typically occurring damage.
9. Final Provisions
9.1 Munich shall be the exclusive place of jurisdiction for customers who are businessmen, legal entities under public law or special funds under public law.
9.2 This contract of use is subject exclusively to the substantive law of the Federal Republic of Germany, excluding the provisions of conflict of laws and UN sales law.
9.3 Should individual clauses be invalid, this shall not affect the validity of the remaining clauses.