General Terms & Conditions
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use which govern Shuttered Heirloom’s relationship with you in relation to this website.
The term Shuttered Heirloom or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
This website contains material which is owned by or licensed to Shuttered Heirloom. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to Shuttered Heirloom, are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States.
I. General
- The following General Terms and Conditions of Delivery and Business (herein-after referred to as the General Terms and Conditions) shall apply to all of the orders, offers, deliveries and services.
- They shall be deemed to be binding on both Parties upon acceptance of the service or offer by the Customer.
- If the Customer does not accept the General Terms and Conditions, it shall lodge written notification to this effect within three working days. Any alternative general terms and conditions on the part of the Customer are hereby rejected. Alternative general terms and conditions on the part of the Customer shall be deemed to be void unless the Photographer agrees in writing to be bound by them.
- The General Terms and Conditions shall also apply to all of the Photographer’s future orders, offers, deliveries and services under the ongoing business relationship notwithstanding the absence of any express reference to them.
II. Photographic material supplied
- The General Terms and Conditions shall apply to all photographic material with which the Customer is provided. They shall expressly also apply to photographic material transmitted electronically or digitally.
- The Customer acknowledges that the photographic material provided by the Photographer constitutes copyright material.
- Any suggestions submitted by the Customer for modifications or adaptations shall be deemed to be individual services subject to separate remuneration.
- Any complaints concerning the content of the delivery or the content, quality or state of the photographic material shall be lodged within 48 hours of receipt. Failing this, the photographic material shall be deemed to have been received in proper condition, in conformance with the contract and as described.
III. Utilization rights
- The Customer shall fundamentally only receive simple utilization rights for one-time utilization.
- Any use, exploitation, dissemination, copying or publication going beyond that provided for in above shall be subject to separate remuneration and require the Photographer’s prior written approval. This shall particularly apply to:
- secondary exploitation or publication particularly in anthologies, product-related brochures, advertising or other types of reprinting,
- any editing work, modifications or alterations to the photographic material, unless being done for personal use ONLY,
- digitization, storage or duplication of the photographic material on data media of any type (e.g. magnetic, optic, magneto-optic or electronic media such as CD-ROM, CDi, disks, hard disks, RAM, microfilms etc.) other than for the technical editing of the photographic material pursuant to III 3. herein,
- any form of copying or utilization of the photographic data on CD-ROM, CDi, diskette or similar data media, unless being done for personal use ONLY,
- any inclusion or display of the photographic data on the Internet or in online databases or other electronic archives,
- the transmission of digitized photographic material by data transmission lines or on data media for reproduction on screens or for the production of hard-copies.
- Any modifications to the photographic material using photo composing, mounting or electronic means to produce a new copyright work shall require the Photographer’s prior written approval and shall be designated as such by [M]. In addition, the photographic material may not be copied in drawing form, recreated photographically or used in any other manner as a motive.
- All use, reproduction and transfer of the photographic material shall be subject to the condition that the copyright information stipulated by the Photographer be included in such a way that it can be clearly allocated to the picture in question.
- The Customer must include a copyright notice next to each Image in the form of ‘Shuttered Heirloom’ or such other copyright notice.
IV. Liability
The Photographer shall not be liable for the breach of any rights held by persons or objects depicted in the photographic material unless a duly signed release is enclosed. The Customer shall be responsible for acquiring rights of utilization over and above the copyright to the photograph in question and for obtaining releases from collections, museums etc. The Customer shall be responsible for the legend as well as the context in which the photograph is used.
V. Fees
- The agreed fee as specified for photographic material.
- The fee shall by payable for one-time use of the photographic material for the use agreed upon. If the fee is also to cover further use, this shall require written confirmation.
- The fee provided for in V. 1. herein shall be payable in full either prior to the delivery of any photographic material, or in accordance with the payment terms specified in the Invoice, notwithstanding the fact that the photographic material ordered and supplied is not published.
VI. Return of photographic material
The Customer shall return the photographic material at its own cost in standard packaging. The Customer shall bear the risk of loss or damage during transport until the photographic material reaches the Photographer.
VII. Penalty, blocking, damages
- In the event of any unauthorized utilization, use, reproduction or disclosure of the photographic material (i.e. without the Photographer’s consent), the Customer shall be liable to pay a penalty equaling five times the applicable fee for each individual instance, it being understood that this shall not operate to restrict any other remedies available to the Photographer.
- If the copyright notice is missing, incomplete (pursuant to III 5. herein), in the wrong position or not possible of being clearly allocated to the picture in question, a surcharge of 100% of the agreed fee shall be payable.
VIII. Concluding remarks
- The contractual relationships anticipated by these General Terms and Conditions shall be subject to United States law including in the case of deliveries to foreign destinations.
- Any additions or modifications to these General Terms and Conditions shall be in writing only.
- If any of the provisions contained herein are void, this shall have no effect on the validity of the remaining provisions. In such a case, the Parties undertake to replace the void provision with a valid one coming as commercially and economically close as possible to what they intended with the void provision.
- The place of fulfillment and the legal venue shall be the Photographer’s domicile in cases in which the Customer is a full merchant as defined by United States commercial law.
