Terms and Conditions
Agreement*
for the granting of usage rights for graphics
and Standard Terms and Conditions for the
www.isleofprints.com website
[*Translation only. The only legally valid version of this document is the German one.]
1. Bases for the transaction
1.1. Basic principle of the transaction
www.isleofprints.com is a website belonging to isle of prints Gesellschaft bürgerlichen Rechts, Wüstenrot (Württemberg), Germany, which supplies non-exclusive usage rights for artistic graphics as per § 2 Para. 1 No. 4 German Copyright Act [UrhG] from artists as Licensors, concludes licence agreements in the names of Licensors and takes payment of the agreed licence fees. isle of prints neither grants usage rights in its own name nor guarantees the legal or artistic quality of the usage rights/graphics supplied.
1.2. Target group for the www.isleofprints.com offer
The offer on www.isleofprints.com is aimed exclusively at legal entities or natural persons who wish to acquire usage rights to the graphics on offer for the pursuit of their self-employed or business/trade activities (operators of businesses/trades* [*Translator: German "Gewerbetreibende", precisely defined by German regulations]). Any granting of usage rights to other persons (consumers) through this site is excluded; interested parties for whom this offer is not intended, but who nevertheless wish to use graphics, are requested to contact isle of prints at the e-mail address isle@isleofprints.com
The offer is not directed at legal entities or natural persons domiciled or resident in the United States of America and in Canada. Interested parties from there are requested to contact us at the e-mail address isle@isleofprints.com.
The offer is directed exclusively at operators of businesses/trades* who wish to use the graphics themselves in the pursuit of their business activities, but not at operators of businesses/trades* who trade in such graphics or who for other reasons wish to obtain rights to the graphics for or transfer them to third parties.
1.3. Conclusion of agreements, contract partners
A licence agreement subject to the terms contained in this text will in each case be concluded for the usage rights for a graphic when the interested party has selected a preview graphic on www.isleofprints.com, accepted the price quoted there (licence fee) and these terms, supplied the required information and finally clicked the "Acquire usage rights for this graphic subject to these terms" button and isle of prints makes the file containing the graphic available for download (acceptance).
This licence agreement will be concluded between the Licensor who commissioned isle of prints to market usage rights for the graphic and the party who concludes this contract.
1.4. Storage of data
These terms may be read and printed out before the conclusion of this agreement; they are in addition available at all times for inspection, storage and printing out at www.isleofprints.com under "Terms of business". They are not stored otherwise by isle of prints for public use.
isle of prints will store information supplied by the Licensee during the ordering procedure (in particular name, postal address, bank account details, credit card number, turnover tax ID number), e-mails received and sent and the technical connection data (in particular the duration, date and time of the connection and the download and the Licensee's IP address), complying strictly in all cases with the requirements of the German Federal Data Protection Act.
2. Implementation of the transaction
Licence agreements for graphics can be concluded via www.isleofprints.com as follows:
2.1. Selection of graphics
isle of prints will present graphics for which licence agreements are to be concluded on www.isleofprints.com very much reduced in size and resolution (thumbnail). If an interested party clicks on a thumbnail, the graphic will appear less reduced in resolution and size as a non-downloadable preview graphic. In addition, the size and resolution of the original graphic, the file type and the size of the file in megabytes (MB) at least will be stated. isle of prints may give notice of additional technical requirements for usage here or elsewhere. The amount of the licence fee (price) payable for the graphic concerned will also be stated, to which the current applicable rate of German turnover tax (full rate) must be added unless stated otherwise.
2.2. Personal information
If an interested party intends to acquire usage rights for the graphic selected, the information demanded under "Purchaser's personal information" must be supplied correctly and in full and confirmed with "OK". Alternatively, the interested party can log in by stating his ID and password in order to access the information stored.
2.3. Checking of information, final purchase
After supplying his personal information, the interested party must confirm his approval of these terms by ticking the relevant box. Then all input must be confirmed by clicking "Continue".
After checking the interested party's data, www.isleofprints.com will display a summary of all of the interested party's information and the price for the usage rights for the graphic or graphics, including any taxes (shopping basket). Payment information will be shown in an abbreviated form in the interests of data protection. The licence agreement will be finally concluded when the interested party clicks the "Acquire usage rights subject to these terms" button.
2.4. Log-in and registration
On www.isleofprints.com it is possible to register under "Registration" and deposit the personal details and payment information required for the acquisition of usage rights; for this purpose the user will select an ID and a password.
2.5. Payment
Payment will be taken by charging to the Licensee's credit card account. isle of prints accepts payments via Moneybookers Ltd.
Alternatively, isle of prints can arrange payment by direct debit (only for Licensees in Germany).
After a licence agreement has been concluded, isle of prints will charge the agreed licence fee to the credit card specified by the Licensee, including any turnover tax, or will arrange for this amount to be noted/earmarked and obtain authorisation from the organisation that issued the card.
In the case of payment by direct debit, isle of prints is entitled to send an automated or manual credit status enquiry to the Licensee's bank.
The licence fee will not be regarded as paid until it has been credited effectively and irrevocably to one of isle of prints' bank accounts.
2.6. Downloading of graphics
As soon as the organisation that issued the credit card has paid the licence fee or granted the relevant authorisation, the Licensee will be informed that the file is available for downloading. During the following 7 days (availability period) the Licensee will be able to download the file 10 times by entering his password (Subsection 2.7) and store it on his system.
The Licensee is aware that original graphics may be very large and and that it may be time-consuming and costly to download them, depending on the type of Internet connection used. Neither the Licensor nor isle of prints accept any responsibility for the stability or availability of the Licensee's Internet connection. isle of prints will provide adequate data transmission rates for downloads from the www.isleofprints.com site. The Licensee is not entitled to demand any particular data transmission rate. isle of prints accepts no responsibility for the further usability of the file if the Licensee's system does not satisfy the necessary requirements, in particular if the processing software used by the Licensee is wholly or partly incapable of processing the format or sub-format of the graphic (see Section 4).
2.7. Confirmation, invoicing
isle of prints will also notify the Licensee of the availability of the file for downloading and the availability period immediately after the conclusion of the transaction and the payment of the licence fee or the granting of authorisation by e-mail to the address supplied by the Licensor, supply the password required for downloading and send an invoice in .pdf format. The invoice will show the relevant turnover tax.
3. Extent of the rights granted
The Licensor will transfer to the Licensee transferable but non-exclusive usage rights not subject to any temporal, geographic or content restrictions for the graphic represented by the file downloaded. The Licensee will in particular be granted the right to duplicate, disseminate and process. The Licensee is not permitted to process a graphic in such a way as to disfigure it or to use or process it for pornographic or other purposes prohibited under German or the Licensee's local law.
The Licensor's right to continue using the graphic himself for his own business/advertising purposes (e.g. on his websites and in brochures, sample portfolios and similar publications and documents) is reserved and not transferred. The Licensor's right to continue exploiting the graphic for only minor, non-commercial purposes is also reserved and not transferred.
The Licensee can inform isle of prints at isle@isleofprints.com if there is doubt as to the scope of the usage rights granted to him.
Up to the full and irrevocable payment of the licence fee and its receipt by isle of prints (in the case of payment by direct debit or credit card for at least eight weeks after the crediting of the direct debit to isle of prints' account) the rights granted and transferred in this section will only be granted provisionally and reserving the right to demand repayment in the event (in the case of credit cards) of payment not being made, of cancellation or charging back or (in the case of direct debit collection) in the event of non-redemption due to an objection, due to lack of funds or for other reasons. If isle of prints exercises a right to demand return, the usage rights referred to in this section will count as never having been transferred; in such a case the Licensor will be entitled to assert the claims specified in the German Copyright Act [UrhG] for cases of unjustified breach of copyright, in particular in §§ 97 ff. [UrhG]. The Licensee must in particular immediately cease any further usage/exploitation and duplication of the graphic concerned from the time when notification of the demand for return is received and immediately instruct any sub-licensees of his to take the same action. For the exercise of the right to demand return, notification of the Licensee sent to the e-mail address supplied by him on the conclusion of the contract will be sufficient.
4. Liability
4.1. Liability of isle of prints
isle of prints will not be liable if the Licensee is unable for technical reasons to download the file within the availability period or to store it on his system, unless the inability to download is the fault of isle of prints; only a brief non-availability of the www.isleofprints.com site will not justify the enforcement of claims to reduce the price or obtain damages or the cancellation of the contract.
Neither does isle of prints accept responsibility for ensuring that the graphic can be opened, viewed, modified or otherwise used by the Licensee or any third party; isle of prints is in particular not responsible for ensuring that the file is of a particular type or sub-type; it is the Licensee's responsibility to provide or obtain any suitable graphic processing programs or to obtain and use software for the conversion of the file format. This will not apply if the copy stored by the Licensee is identical to the version deposited at www.isleofprints.com and the version deposited with www.isleofprints.com cannot be opened and processed either using the current or preceding version of one of the graphics programs Adobe Illustrator and Adobe Photoshop in MS Windows or MAC-OS.
isle of prints is not responsible for ensuring that a graphic for which the usage rights have been transferred is free of third-party rights at the time of downloading and that the Licensor was entitled to transfer usage rights to the Licensee. isle of prints is not responsible for ensuring that the contents of the graphic do not include any content which is punishable or otherwise illegal in Germany, in the country in which the Licensee is domiciled/resident or a third country in which the graphic is used or exploited. It is solely the responsibility of the Licensee to ascertain and comply with the legal requirements for the use of the graphic within the relevant local legal framework.
4.2. Declarations by the Licensor
The Licensor hereby assures the Licensee
* that all of the graphics licensed by him through www.isleofprints.com were created wholly by him and are entirely his own work as defined by the German Copyright Act;
* that in the production of all graphics licensed through www.isleofprints.com he did not make use of material otherwise protected under the law of copyright;
* that - as far as he is aware, but without being able to guarantee this - none of the graphics licensed by him through www.isleofprints.com contain third-party trademarks or other marks (word marks, image marks, word-image marks, colour combinations, letter, word or number combinations);
* that he did not produce any of the graphics licensed by him through www.isleofprints.com as an employee;
* that he has not concluded any agreement with a third party concerning the marketing, licensing, assignment, granting or other transfer of rights which relate to one or more graphics licensed by him through www.isleofprints.com and which restrict or nullify or could restrict or nullify his authority to dispose of the graphics or rights to exploit them;
* that none of the graphics licensed by him through www.isleofprints.com contain illustrations, symbols or texts of which the dissemination or possession is prohibited in Germany or which breach or could breach third parties' personal rights;
* that none of the graphics licensed by him through www.isleofprints.com are subject to any other third-party rights, in particular ones resulting from assignment, pledging, seizure, attachment or other intervention by higher authorities.
4.3. Liability of the Licensor
The Licensor guarantees to the Licensee that the declarations made in 4.2. are accurate. He is not liable for any inaccuracy of a declaration made in 4.2. if the inaccuracy was not known to him at the time when the file was supplied to isle of prints and it cannot be said even on the basis of the standard of care required in the market that he should have known of it or he was only guilty of simple negligence.
4.4. Limitation of liability
The liability of the Licensor, of isle of prints or of any of the shareholders in isle of prints is limited to ¤ 100.00 per graphic.
4.5. Joint provisions
None of the restrictions of liability contained in Section 4 will apply to cases of deliberate action or gross negligence on the part of isle of prints / the Licensor or one of their vicarious agents. Neither will they apply to cases of personal injury or injury to health.
5. Complaints
isle of prints will be happy to deal with complaints or provide technical assistance as far as possible. If the Licensee has a complaint of a technical nature, in particular in connection with the downloading of a graphic, the file format or other technical attributes of a file downloaded, he must contact isle of prints immediately at isle@isleofprints.com, quoting the password communicated for the download, and inform it of the complaint. isle of prints will reject all claims based on defects or other technical circumstances which are submitted later, unless the Licensee proves that he did not become aware of the defect or circumstance until later and that he submitted the complaint immediately on becoming aware of it.
If the Licensee has a complaint relating to the contents of a graphic downloaded (image quality, breach of third-party rights or of the rights transferred here, punishable content or other circumstances referred to in Subsection 4.2), he must submit it to isle of prints immediately at isle@isleofprints.com, quoting the password issued for the download. In such a case of isle of prints will, without this implying any recognition/acceptance, supply the postal and e-mail addresses of the Licensor most recently supplied to it and the name of the latter. All further claims must be enforced against the Licensor by the Licensee and settled between them in their capacity as the parties to the licence agreement. If requested, isle of prints will provide a mediation service.
6. Miscellaneous
The Licensee will only be entitled to offset counterclaims against isle of prints or the Licensor if those counterclaims are legally final and binding or not disputed by isle of prints or the Licensor. He is in addition only entitled to exercise a right to withhold if his counterclaim arises out of the same contractual relationship.
7. Scope of terms, terms of purchase
The current version of these terms published online applies to all graphics which the Licensee hereby or in future downloads from www.isleofprints.com or another website operated by isle of prints and to the use of these sites in other respects.
No terms of purchase or other terms of the Licensee will apply, unless isle of prints or the Licensor have confirmed their application in writing.
8. Concluding terms
Should any of these terms be invalid, the remaining terms shall nevertheless remain valid. An invalid provision shall be replaced by a valid term which comes as close as possible to achieving the economic result intended by the invalid provision.
These terms and the contractual relationships between the user of the site, the interested party and the Licensee on the one hand and the Licensor and/or isle of prints on the other, are exclusively subject to the internal laws of the Federal Republic of Germany, with the rules applicable to conflicts of law being excepted/excluded.
Even if translations of this text are provided, the only text which counts is the one in German. Translations are only intended as an aid to interested parties, users and Licensees who speak a different language. The language for all reciprocal communications and declarations is German.
The legal venue vis-a-vis merchants* [*Translator: "Kaufleute" as defined by German law] or contract partners not domiciled or resident in Germany is Stuttgart, Germany.
The place at which the Licensor and isle of prints will supply their goods/services and fulfil their obligations under the terms of this agreement is Wüstenrot (Württemberg), Germany.
9. Further information
In conclusion, the following information is supplied by isle of prints with respect to its www.isleofprints.com website:
* The provider of www.isleofprints.com is isle of prints Gesellschaft bürgerlichen Rechts, represented by the managing shareholders Andrea Hagedorn, Doris Hüttenberger and Anke Sauer, Brunnenstraße 11, 71543 Wüstenrot, Germany.
* Communications for isle of prints can be sent to isle@isleofprints.com.
* isle of prints' turnover tax identification number is DE 251014187.
* This service is intended to aid commercial communication.
* isle of prints offers licence agreements in the names of the respective Licensors, whose names will be supplied to Licensees immediately on request.
* German is the language to be used for concluding contracts. If isle of prints supplies this text in other languages as well, this is only for the convenience of site users. No liability is accepted for translations. The German text alone has legal force.
Last updated: 27 March 2008
