GENERAL TERMS AND CONDITIONS and CANCELLATION for the use of photographs and paintings / Terms and Conditions of Photos and Paintings Terms and Conditions § 1 Scope and General
First The Figma engineering and industrial agency GmbH, Wiedstrasse 22 50859 Cologne, Germany (hereinafter “Figma”) provides Internet-platform photos andpaintings. com (the “photos-and-paintings.com”) to. The Internet serves as a platform presentation of his own works and photographs of members in galleries. In addition, photos-and-paintings.com a marketplace to sell on its members under the following conditions on the one works and photographs in physical form in Germany and buy. On the other hand, members can enter into license agreements for worldwide AVAILABLE for download works and photographs. Precondition for the conclusion of contracts denominated in a Paypal account is a member. These terms and conditions govern the contractual relationship between the Figma and natürlichen or legal persons or partnerships that use photos-and-paintings.com. They apply from the date of approval by a check mark and click the confirmation button setting in the registry. Any differing terms and conditions and recognizes Figma not hereby expressly contradicts this. Second Contractual language is German. The photos are of Figma on-and-paintings.com translations have to be understood as mere service. In unclear cases, the German version shall prevail.
§ 2 Description of services and formation of the contract with Figma
First Figma operates only the technical platform for the presentation and the trade of plants and the execution of a purchase transaction or the completion of licensing agreements for the “Download” area. Between members (hereinafter “Member”) of photos-and-paintings.com and Figma comes into a license agreement. There is no legal right to register as a member does not exist. A current membership is for the presentation of works and the sale and buy a prerequisite. Registration is free. Second Members can only be legal entities and partnerships, as well as natural persons legally incompetent. Minors may not use photos-and-paintings.com. Third The license agreement is concluded with confirmation of the operation or links with the first login with the credentials to be sent during registration. 5th Members can knowledgeable your membership at any time. All it takes is an email to email@example.com. With the end of the membership of the member and access all the data concerning his person will be deleted if they do not have to be archived for legal reasons. The contractual relationship with members possibly ending with the date on which they are inconsistent with these terms, but no later than upon termination of membership of photos-and-paintings.com. 6th Figma is entitled to denounce the use of contract with a period of two weeks to the end of the month. The right to extraordinary denunciation for cause will not be affected by this rule.
Revocation of License Agreement regarding revocation You can revoke your contract within 14 days without giving any reasons in text form (eg letter, fax, e-mail). The time limit begins after receipt of this notice in written form, but not before the contract is concluded and also not before fulfillment of our obligations under Article 246 § 2 in connection with § 1 paragraph 1 and 2 draft Law, as well as our duties according to § 312g-section 1 sentence 1 BGB connection with Article 246 § 3 BGB. The revocation period suffices to send the revocation. The revocation must be sent to:
Figma engineering and industrial agency GmbH Wiedstrasse 22 50859 Cologne E-mail: firstname.lastname@example.org
Consequences In the case of an effective cancellation the mutually received benefits zurückzugewähren and any benefits (eg interest) surrendered. Can you give us the performance received and benefits (eg benefits) do not give out or not, or only in deteriorated condition zurückgewähren or in part, to the extent you have to pay compensation. This can lead to the fact that you have to fulfill the contractual payment obligations for the period up to cancellation. Obligations to reimburse payments must be fulfilled within 30 days. The time limit begins for you when you send your cancellation notice, and for us upon receipt.
Special Notes Your right of cancellation expires prematurely, if the contract is fulfilled by both parties at your ausdrücklichen request before you have exercised your right of cancellation. End of withdrawal
§ 3 Conclusion of sales contracts / license agreements between sellers and buyers
First Members conclude sales contracts and licensing agreements (in the download) on its own behalf and on their own account. For the contracts are concluded between the members of the law. For those contracts subject to the terms of Figma only, those relating to the formation of the contract over concern the use of photo-paintings.com sand. For service disruptions within the contractual relationship between buyer and seller find these terms and conditions do not apply. Figma itself is not a party to the contracts concluded exclusively between the members. Second With the setting and “online” Turn of an article or download the vendor is a binding offer for sale of this item, or to rights granted to the fixed price from. A conclusion about the purchase of the item or the rights granted comes about when a buyer the “purchase to make authentic” clicks in his cart. Figma then divided by two parties for the data required by e-mail. Third Members are free to use responsibly own terms and conditions that may not carry not conflict with the statutory requirements and these Terms. 4th It is the responsibility of members to teach about a possibly existing right of withdrawal for consumers. By the vendors or licensors to the appropriate location information entered, the buyer or licensee also transmitted with the agreement confirmed in writing. 5th With the setting of offers for the conclusion of license agreements (download) an indication of the license conditions is mandatory, both for commercial as also ideal for private licensors. For the licensee may be possible to clearly see how he could use the image file (such as exclusive / exclusive right of use, spatial, temporal and content design). 6th The license agreement (download) comes with the provision of links to download from Figma. This link will be sent to the licensee immediately after a successful PayPal payment. 7th Tenders will be created by the individual vendors or licensors. For the content is therefore only the relevant vendor or licensor responsible. Figma defray no liability. 8th The stated price is the final price including any applicable sales tax. For commercial licensor may arise from this different net prices, depending on the country-specific regulations that apply to the tax assessment of service delivery. This fact and the consequent differences in net sales to be achieved will be accepted from commercial licensors expressly. 9th The sale price does not include Shipping costs are shown separately. 10th Payments are made only through PayPal. 11th Figma receives and administers the payments in trust for the seller or licensor. Figma heads the purchase price less regulated in § 5, Nos. 2 and 3 commission within 7 days after the buyer has paid more. At the conclusion of license agreements which are forwarded within 7 days of payment by the licensee.
§ 4 General principles and obligations of members
First Members are required to comply with all applicable laws. It is forbidden to present works in galleries or offer, rejected the offer, sale or acquisition of statutory provisions, third party rights and common decency. It is also forbidden to use usernames or publish content (especially texts and images), in violation of statutory provisions, third party rights or morality. In particular, content and products under the following criteria are prohibited: a) It may not carry any foreign copyright or related rights are violated. If appropriate third party rights are affected, the member a consent of the person there for the specific manner of use. In particular, the extent of any rights granted to be observed. The member must be at the presentation and the offering of insurance products and art always, whether he is allowed the appropriate recycling or granting other rights in the concrete form. c) The right to the image of the depicted persons shall not be violated. The Member shall ensure that any individuals depicted have consented to the specific form of exploitation, unless consent is required (Regelfall!). The member is aware of the existence and scope of consent particularly in the context of licensing conditions in the “download”. d) Web Search (violence glorifying representations, pornographic works) are prohibited. e) unconstitutional content is prohibited. f) texts, images or other content that violates the personal honor of third parties, such as offensive content are also prohibited. g) content and the provision of goods, in violation of animal welfare are also permitted. h) Any import restrictions should be observed, unless the item is offered in the country. i) content (also member names may) not contravene name, trademark or other intellectual property rights Third The photos are in the registration on-and-paintings.com data not specified by Figma überprüft on their accuracy. Figma can not exclude that a member has given false contact. Members are therefore obliged to Make Shopping even the identity of the counterparty. Third Members have to make in terms of their contracts and for the necessary data (address, price, condition, etc.) always truthful information. Sellers are required to be specified in the configuration of the sales function requested data completely and correctly. The seller is obliged to keep this information up-to-date. The seller has to bear the responsibility themselves Darfur that obsolete items are deleted. 4th The seller has his articles with words and images describing correct and complete. It must all for the decision to buy the essential properties and characteristics are truthfully. In addition, he has about the details of the payment and delivery information completely. 5th Under a contract concluded over Figma obtained contact addresses of the members of photos-and-paintings.com may not carry the respective business partners only to Vertragserfüllung and contractual and precontractual communications applications. 6th Figma does not permit that is stimulated in texts or images, which sets a member, through links or the naming of a URL (Web address) for the purchase of other commercial web sites or provided by bypassing the sales function. The same applies for license agreements. Also prohibited is the posting of links or the naming of a URL, which links to websites that violate laws or morality. 7th The Member agrees that the uploaded pictures of him by Figma processed, in particular provided with a watermark can be increased or reduced may not carry in order to involve them in the platform. 8th In addition, the member agrees, that may not carry the highly charged images of him appear on the home page in rotation with other images without any conditions. 9th The Member agrees that the set of his profile pictures for every visitor of photos-and-paintings.com is visible in his profile, not only for members.
§ 5 Paid services on photos-and-paintings.com
First For members who present only works and / or purchasers or licensees, is the use of photos-and-paintings.com charged. You only owe the seller or licensor the agreed amount if they sign a contract. Figma does not make any Schadensersatzansprüche of members remain unaffected by this provision. Second With an effective contract sales commission will be charged. It is to be paid by the seller or licensor of Figma and is under evaluation by Figma payment automatically deducted from the mediation by the buyer paid cash. The amount of commission (gross) is 7% of the gross sales price or Bruttolizenzgebühr. The commission is also persists when a party to a purchase or license agreement of a statutory or contractual cancellation, or make use Rückgaberecht or if the parties agree on a Rückabwicklung of the contract. Third Figma also receives a commission (gross) rate of 7% of the gross sales price if members of a purchase agreement in respect of a sale to complete the set work with a contractor outside of Germany. The seller is obliged to report the transaction Figma and the agreed purchase price within 7 days. 4th Members include a seller or licensor contracts are identical, the automated deduction of commission from the purchase price or the right to expressly Lizenzgebühr. Also, a consent is given, which manages the funds received Figma within the fiduciary under § 3 No. 11 specific deadlines. 5th Members include a seller or licensor contracts bear the resulting performance of the contract cost of PayPal itself, the level of costs is determined exclusively by the applicable regulations of PayPal (PayPal (Europe) S.à rl & Cie, SCA 22 - 24 Boulevard Royal L-2449 Luxembourg). The resulting PayPal charges will be deducted automatically follows.
§ 6 Cancellation, suspension
First Figma reserves the right to offer for sale, user name or content (text, images) without prior notice to suspend or to delete them if there are specific indications for a violation of applicable law or the terms of Figma. Second Figma reserves the right to terminate the access of a member of transiently or permanently, unless there are specific indications for a violation of applicable law or the terms of Figma.
§ 7 Limitation of Liability
First For the set of members of the content and the contracts are concluded between the members, only the members responsible. Second Figma is not liable for property damage and financial loss of a member, provided they are of Figma, a legal representative or Erfüllungsgehilfen simply been caused by negligence. When a breach of Figma liable to compensation for the contract-typical, foreseeable damage if this was caused by simple negligence. The foregoing limitations will not apply to the acquisition ausdrücklicher guarantees in case of mandatory legal provisions as well as for damages resulting from injury to life, limb and health. Second Figma makes its platform available on a commercially reasonable basis. Figma Darfur does not guarantee that the platform has not translated at all times. Figma defray any responsibility for damages incurred due to transmission and system failures.
§ 8 exemption
Members shall be free from all Ansprüchen Figma, Figma does not make a claim made by third parties due to the violation of their rights by the set of member services and content. This does not apply if the member is not responsible for the violation.
§ 9 Final Provisions
First German law applies. Second Figma reserves the right to change the appearance and its services / functions of marketplace photos-and-paintings.com. Third Figma reserves the right to modify these terms at any time. A statement of reasons on the part of Figma is not necessary. For a change, members of the new conditions two weeks in advance by e-mail sent. After this period, the continued use of photos-and-paintings.com is only possible if the changed terms again by placing a check mark to be confirmed. 4th If the contractor is a merchant, Cologne is the exclusive venue for all of the service contract and these Conditions of disputes arising. This also applies if a contractor who is not a consumer who has no general jurisdiction in Germany.