Terms of Service
Preliminary Notes: Definition of Terms
Royalty Free Photos (RF)
The Parties hereto agree to define the term "Royalty Free (RF)" in relation to transferring photographic rights to
use as follows:
The transfer of utilization rights -without any restrictions as to time, space, or content - to a user of Photos for the purpose user publishing those Photos once or repeatedly, against payment of a one-off flat fee. Contrary to other distribution models, the amount of respective fees is independent from the form of publication. Agency and user may agree upon utilization restrictions with respect to image sizes and/or utilization areas; however, the agency shall not be explicitly obliged to enter into suchlike agreements with users. Contributor shall grant users the right to commercially exploit its specifically designated Photos on the internet without usage information having to be provided by user. For Royalty Free Photos, all pertinent rights must be clarified; i.e. all model releases of identifiable persons and possible property releases must be present in written form. Furthermore, Photos may not be commercially used in various ways at the same time. Thus, motives being offered as "royalty free" may not be "subject to licensing", and vice versa. Royalty Free Photos may also be used editorially; however, exclusivity cannot be granted.
Managed Photos (RM)
Rights Managed (RM) Photos - also known as Rights Protected Photos - are photos that are subject to licensing. Respective usage fees depend on various factors, including intended use, image size, number of copies published, period of use, country of publication, period of time, and placement. Clients may acquire exclusive rights in suchlike material. Photos which are subject to licensing may not be offered as Royalty Free Photos at the same time.
Editorial Photos (ED)
Editorial Photos are photos relating to fields such as news, sports, entertainment, and celebrities.
Note: editorial Photos cannot be used commercially or for promotional purposes!
§1. Transfer of Rights
Contributor shall permit CHROMORANGE to grant rights to use and exploit "Royalty Free" and "Rights Managed" photos, illustrations, diapositives, and graphical images (hereinafter referred to as the "Photos") to third parties, partners, and sub-agencies, both domestic and abroad. This shall in particular apply to copyrights, rights to disseminate, exhibit, communicate to the public (in particular rights of recitation, performance, demonstration, reproduction via image and sound carriers, broadcasting, and the right of public accessibility), the right to edition and modification in other forms as well as ancillary rights and resale rights. Respective rights shall be transferred in particular for exploitation in any and all print media, catalogues, books, magazines, newspapers, promotion material etc. (respectively on front and back page or the inside), utilization in digital media such as in particular internet, CDs, DVDs, UMTS, mobile telephony, television, radio broadcasting, and any and all other electronic media. Contributor represents and warrants holding all respectively required rights, in particular a written declaration of consent issued by imaged persons (model release) and including promotional rights. The production of duplicates and utilization, electronic archiving and digital storage of graphical material in advertising media, catalogues, microfiches, and any and all other forms of presentation shall be permitted. Furthermore, Contributor grants CHROMORANGE the right to take legal and extrajudicial proceedings against copyright infringements in respect of photos, diapositives, and graphical material hereunder on its own behalf.
This Contract shall not be exclusive. Unless in contrary to the agreements made with CHROMORANGE, Contributor shall also be entitled to commercially exploit respective Photos in any other way. However, co-operation of the Parties hereto generally aims at achieving successful commercial exploitation of offered and/or marketed graphical material in any and all currently known forms (print, diapositive, radio-photogram, digitized image, CD- ROM, DVD, and online).
§3. Payment of Fees
Received payments will be displayed within your account online. The apportionment shall be 50% for Contributor and 50% for CHROMORANGE. For "exclusive Photos", Contributor and CHROMORANGE shall each receive 60% of respectively received payments, which means received payments less applicable VAT. In the event of business transactions that involve partner agencies this shall also apply to fee portions paid by respective partner agencies. Settlements shall be executed by advice of credit and transfer to Contributor. Payments shall be made in EURO. For economic reasons, fees shall not be paid out before the cumulative fees of at least one month sum up to at least 100 EURO. For fees, only such sales transactions shall be taken into account, the client has actually paid. Contributor shall be solely responsible for paying taxes for received fees. CHROMORANGE reserves the right to amend accounting periods from time to time.
§4. Third Party Rights and Privacy Rights
Contributor represents and warrants that (i) Contributor is entitled to freely dispose of graphical material submitted to CHROMORANGE; (ii) there are no third party rights to suchlike graphical material; and (iii) the persons shown on respective graphical material have agreed to its publication without any further payments to be made (model release). Without any request, Contributor shall submit to CHROMORANGE a written declaration of consent for each Photo showing person(s) in an identifiable manner. The declaration of consent shall be included with the respective sending of suchlike Photos. Photos, for which no such model release is available, shall be marked accordingly (editorially) by Contributor. Contributor shall be liable for any and all damages suffered by CHROMORANGE as a result of absent declarations of consent.
§5. Exclusive Sales and Prohibition
Before any exclusive sales take place Contributor shall be consulted on the question of contrary existing publications. Present respective prohibitions shall be mutually communicated and complied with. The provisions set forth in this Article shall also apply to Photos differing from each other to such minor extends, the average viewer would confound them.
§6. Credits, Right to Selection, and Self-Promotion
CHROMORANGE shall use its best efforts to provide authorship credits for publications; however,, CHROMORANGE cannot grant a respective guarantee for individual cases. CHROMORANGE and its partner agencies shall be granted the right to select submitted Photos. Contributor shall grant the right to use its Photos free of any charge for the purpose of CHROMORANGE's self-promotion
§7. Original Materials
If Contributor has provided diapositives, photographic negatives, or reflective originals, respective material shall be returned to Contributor after digitization. CHROMORANGE shall only be liable for such losses of graphical material that result from intent and gross negligence. CDs / DVDS shall not be returned by CHROMORANGE. CHROMORANGE shall not be liable for any loss during transportation from CHROMORANGE to Contributor, which occurs after delivery to the carrier. Contributor is advised to conclude transit insurance for transported graphical material, in particular for original diapositives and photographic negatives.