Terms and Conditions of Use
effective from 8. November 2010
1. Scope of Application
1.1 Panther Media GmbH (hereinafter referred to as "PantherMedia") operates a multimedia platform. Two separate online services are offered on this platform: membership in the Fotocommunity (photo community) and membership in the Bildagentur (photo agency). In the photo agency, PantherMedia offers customers licences for contents such as photographs, illustrations, drawings (hereinafter referred to as "content(s)"). In the photo community, members can enter contents and rate and comment on the contents.
1.2 Members are photographers, illustrators and other artists registering with the photo community and/or photo agency (hereinafter collectively referred to as "authors") on the one hand, and buyers of the images or partner enterprises registering with the photo agency (hereinafter referred to as "customers") on the other hand. Authors and customers are collectively referred to as "members".
1.3 The Terms and Conditions of Use below set forth the conditions under which members can use the services offered by PantherMedia.
1.4 By registering with PantherMedia, the member expressly agrees to these conditions. For registration, the member must confirm the following declarations by ticking the check box "yes":
- For authors: "I have read the Terms and Conditions of Use and the Author Licence Agreement and accept them."
- For customers: "I have read the Terms and Conditions of Use and the End User Licence Agreement and accept them."
1.5 In so doing, the member acknowledges that he has read and understood the Terms and Conditions of Use and accepts them. These Terms and Conditions and Agreements apply exclusively to all members who register with the PantherMedia website; they also apply if the website is used or accessed from outside the Federal Republic of Germany.
1.6 PantherMedia is entitled to alter the contents of these conditions with the consent of the members provided that such alterations are reasonably acceptable for the members, taking into consideration the interests of PantherMedia. PantherMedia will inform the members about the alteration of the Terms and Conditions by e-mail to the address designated by the members no later than two weeks prior to the alteration.
1.7 Consent to the alteration of the Terms and Conditions will be deemed to have been given if no objection is made to the alteration or the contract terminated by the member within one month after receipt of the announcement of alteration.
1.8 PantherMedia agrees to warn the members in the notice of alteration about the possibility of objection and termination, the deadline and the legal consequences, in particular the consequences of non-objection.
1.9 In the event a member objects to an alteration of the Terms and Conditions of Use, PantherMedia has the right to terminate the membership without giving prior notice.
1.10 PantherMedia may transfer its rights and obligations under this contract to a third enterprise such as a foreign company or an affiliated enterprise (take-over of the contract). In the event the contract is taken over, members have the right to terminate the contract effective as of the time the contract is taken over.
1.11. Any provisions deviating from the present Terms and Conditions, in particular the general terms and conditions of members, are hereby expressly excluded. Members who do not accept these Terms and Conditions may not use the website.
2.1. The services made available in the photo community include the possibility for members to enter various contents on the PantherMedia site and to rate these contents or comment on them. Contests take place as well. Such contests are governed by contest rules. The storage space and the functions made available differ, depending on the type of membership.
2.2. In the photo agency, members can search for contents, acquire rights to use the contents entered and download the contents. The rights of use are governed by the End User Licence Agreement.
2.3 The prices for the rights of use are shown in the overview of prices for the licences.
2.4 Customer memberships and standard author memberships are free of charge. The prices for author memberships which are subject to costs are shown in the membership overview.
3.1. As a rule, parts of PantherMedia's offer may be utilized without having to register.
3.2 However, in order to be able to make contents available to PantherMedia for utilization or to download contents or to participate actively in the photo community, members must first register with www.PantherMedia.net.
3.3 By sending the data in the registration form, members make an offer to PantherMedia to enter into a contract of use with respect to the multimedia platform. PantherMedia reserves the right to refuse to register a member without stating the reasons. As soon as PantherMedia accepts a member's offer of registration, the member will receive a confirmation e-mail with the registration data and an activation link. Upon receipt of this confirmation e-mail, the contract for use of the multimedia platform becomes effective between PantherMedia and the member.
3.4 Registration for Customers
3.4.1 For registration, members choose the type of membership (customer membership), a user name and a password and enter their personal data (name and surname, firm name, address, e-mail).
3.4.2 For memberships in the photo agency, customers from European countries may enter their European value-added tax identification number if they are liable to pay value-added tax so that they may receive an invoice without declared VAT when ordering.
3.5 Registration for Authors
3.5.1 Authors may choose through the respective membership whether they wish to register with the photo community or the photo agency or with both. For this they choose a user name and a password and enter their personal data (name and surname, firm name, address, e-mail) in the online form.
3.5.2 Depending on the type of membership, a payment partner must then be selected (for example Firstgate, PayPal) in order to verify the identity of the author and/or to collect the premium membership contributions.
3.5.3 As soon as a credit balance is to be paid out, the bank must be stated and the desired form of payment (for example bank, PayPal or Firstgate). If a member is subject to payment of VAT, the tax number and - if applicable - the VAT ID number must be stated.
3.5.4 Upon establishment of the contractual relationship, contents can be uploaded for PantherMedia. The upload procedures and photo upload guidelines specified on the website must be followed. However, utilization of the contents by PantherMedia will not be possible until after admission as (at least) standard member.
3.6 The member is required to fill in the spaces in the registration form truthfully and correctly. Registration will only be successful if all mandatory spaces are filled in. Members must update the data on the member account promptly if changes to the data occur after registration.
3.7 The use of user names which violates third party rights, in particular trademark rights or rights to the use of names, is not permitted. The same applies to user names which are unlawful or are contra bonos mores, and web addresses (URLs).
3.8 Only members with full legal capacity or members who act with the approval of their legal representatives have a right to use the contents. Minors from age 16 to 18 must fill in the following declaration, have it signed by their legal representatives and fax it to PantherMedia. Persons under the age of 16 are not allowed to participate.
3.9 Members must keep their access data, i.e. user name and password, with care. Furthermore, it must be ensured that such data will never be made accessible to third parties. PantherMedia assumes no liability for damage caused by access data which falls into the hands of third parties. PantherMedia must be promptly notified of any suspicion of misuse of such data. PantherMedia will never ask members for their password except for the first three letters of the password upon termination.
4. Granting of Rights
4.1 The authors transfer the rights to use the posted contents to PantherMedia in accordance with the Author Licence Agreement.
4.2 PantherMedia transfers the rights to use the posted contents to customers in accordance with the End User Licence Agreement.
5. Payment for Licences
5.1 Payment is possible in different ways (for example by transfer, automatic debiting, credit card, Firstgate, Paypal). Prices are understood as the prices valid at the time the order is placed. PantherMedia reserves the right in certain cases to reject certain forms of payment.
5.2 Transaction currency for credit cards is the euro. PantherMedia does not accept credit cards from the following countries: Cuba, Iran, Iraq, Liberia, Libya, Myanmar (Burma), North Korea, Sierra Leone, Sudan and Syria.
6. Responsibility and Forbidden Contents
6.1. The website may only be used for purposes permitted by law.
6.2 The service offered by PantherMedia may not be used to distribute defamatory, pornographic or otherwise unlawful material or to threaten or harass others, or to infringe the rights (including the personal rights) of others.
6.3 Utilization of the service in a way which would adversely affect the availability of the database or the other services of PantherMedia for other members is also prohibited. The members are responsible for ensuring that the contents they post are free of viruses, worms, Trojans or other programmes which may endanger or adversely affect the functioning or the existence of PantherMedia or members' websites.
6.4. It is forbidden to publish the following kinds of contents and/or forum contributions on PantherMedia's website:
- Any naming of customer data (name, firm name, web page, etc. of the purchasers of images);
- Insulting contents of any kind;
- Discrimination or defamation by name (personal insult) of users (or their contents), PantherMedia or its partners;
- Contributions which are defamatory or slanderous to other members, PantherMedia or its partners;
- Public demands to delete contents, comments or members;
- Quotations from private e-mails/instant messages from other members, PantherMedia or its partners (= violation of postal secrecy);
- Advertising for competing websites (for example photo agencies and/or photo communities);
- Advertising for one's own pictures or inviting good ratings;
- Pursuing commercial interests, political or ideological aims (in particular using symbols or signs, as well as signature campaigns, appeals for statements of opinion, meetings, etc.).
6.5 Also prohibited within the scope of means of communication (for example instant messages, e-mails):
- spam, in particular including all messages where it can be assumed that they are not desired by the recipient.
6.6 The community rules must always be observed.
6.7 PantherMedia has the right to refuse to admit and to modify, to block or to remove contents, entries and other information which violate the Terms and Conditions of Use. Members have no claim vis-à-vis PantherMedia for admission or utilization of the contents, entries or other information, or for having the blocking of contents, entries or other information revoked or already removed contents, entries or other information re-entered.
6.8 In the event of violations, PantherMedia has the right to block the entire account or only parts of it with immediate effect. The member whose account is blocked is forbidden to register again under another account or to use the platform in any other way. Panther Media reserves the right to initiate criminal proceedings and/or to assert claims (in particular claims for damages) against the member.
7. Duration of the Right of Use
7.1 The contract between PantherMedia and customers is concluded for an indefinite period of time and can be terminated at any time by the customer or by PantherMedia without observing a period of notice.
7.2 The contract between PantherMedia and authors is concluded for an indefinite period of time. Both parties may terminate the contract with respect to the entire contents or with respect to individual contents upon giving six months' notice as per the end of the respective month. Authors can terminate the membership only in conjunction with the Author Licence Agreement.
7.3. To give notice of termination, a message to PantherMedia is required using the contact form, stating the first three letters of the password, and a written notice in accordance with Section 8.2. If paid memberships are terminated, it is additionally required to give notice of termination of such PantherMedia membership subscription directly to the payment service provider (for example PayPal, Firstgate).
7.4 Special right of termination: Additionally, PantherMedia is entitled at any time to stop the platform www.PantherMedia.net, the services offered there or parts of such services without prior notice. The members' entitlement of use will end automatically to the same extent.
8.1 Members reach PantherMedia through the e-mail contact form. However, the Internet is not an absolutely safe medium and there is always the possibility that messages get lost or are intercepted or altered. PantherMedia assumes no liability for damage in connection with communications which are sent to or from the website.
8.2 With respect to information furnished through the website or by e-mail, members agree to the following conditions:
- There exist no obligations whatever on the part of PantherMedia with respect to such information;
- the information is not deemed to be confidential.
Only communications in writing (fax suffices) to PantherMedia are legally binding.
9. Database Right
The contents and forum contributions retrievable from the PantherMedia site constitute in their entirety a database protected by copyright. It is forbidden to take over or to alter this database in its structure wholly or even in part without the consent of PantherMedia.
10. Google Analytics
11.1 Subject to Sections 10.9 and 10.10, PantherMedia assumes no liability for damage caused by the use of the website or by the direct or indirect utilization of the contents.
11.2 No claim can be asserted with respect to the operation, the permanent availability and the faultless functioning of the website www.panthermedia.net.
11.3 The information contents on this website are updated by PantherMedia in regular intervals. Nevertheless, PantherMedia cannot assume any guarantee, responsibility or liability that the information on the website is correct, up-to-date or complete.
11.4 PantherMedia may alter, supplement or delete information, services and/or sources named on the website at any time, and it reserves the right to make such alterations without prior notice to former, present or future visitors.
11.5 The website contains links to other websites which serve only for information. If such links exist, this does not mean that their contents will be supervised or approved by PantherMedia. PantherMedia assumes no responsibility for such websites and is not responsible or liable, either directly or indirectly, for damage or loss caused or claimed in connection with the use of information, contents, goods or services obtainable on or through the websites of third parties or links to sources stated, or with having relied on them.
11.6 In the event of technical difficulties online, it may happen that information is transmitted or reproduced inaccurately or incompletely due to the online software or due to problems of transmission. Liability for this and for computer viruses and other damaging programmes transmitted is excluded subject to Sections 10.9 and 10.10.
11.7 PantherMedia assumes no liability arising from utilization of the contents by customers in violation of the contract.
11.8 PantherMedia endeavours to protect all members with the care customary in the industry. In no event, however, may PantherMedia be held responsible for damage caused by data espionage, hacker attacks, defective hardware or software or by force majeure, subject to Sections 11.9 and 11.10.
11.9 PantherMedia's liability and the liability of its vicarious agents for the breach of contractual duties and for tort is limited 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 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.
11.10 Liability for the violation of cardinal obligations shall be limited to foreseeable, typically occurring damage.
12. Final Provisions
12.1 Munich shall be the exclusive place of jurisdiction for customers who are businessmen, legal entities under public law or special funds under public law.
12.2 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.
12.3 Should individual clauses be invalid, this shall not affect the validity of the remaining clauses.