General terms and conditions for deliveries and services of zb Media GmbH
- All services provided to the customer by the online shop, the website “Historiathek”, a brand and internet presence of zb Media GmbH, (hereinafter “zb Media”), are provided exclusively on the basis of the following General Terms and Conditions. Deviating regulations are only valid if they have been agreed in writing between the online shop and the customer.
- The range of goods in our online shop is aimed exclusively at customers who have reached the age of 18 and are to be regarded as entrepreneurs within the meaning of § 14 para. 1 BGB.
- For all services of zb Media GmbH to customers these general terms and conditions (GTC) apply. We also provide our services exclusively for business customers according to 1.2.
- Any inclusion of general terms and conditions of companies and entrepreneurs as customers that contradict our general terms and conditions is hereby rejected as a precaution.
- The current, valid version of our General Terms and Conditions can be found on this link on our website.
- Licensed material: digitalised image material (photo or film material) licensed to the customer by zb Media; irrespective of whether such licensed material is protected by copyright or otherwise by law or whether such protection does not or no longer exists (public domain).
- Third Party Rights: Rights of third parties to works appearing in the Licensed Material (including any music, works of architecture, monuments, sculptures), personal rights of depicted persons, trademark, name and company rights appearing in the Film Material.
- Licence fee: The licence fee for the use of the licence material is based on the type of use desired by the customer and selected online.
- Publication of the customer: Work of the customer in which the licence material is integrated. Depending on the type of use, the integration can be in printed or electronic form.
- Editorial: The use of the licence material for editorial purposes, i.e. for a fictional work related to facts or events, or entertaining, fictional work or current affairs reporting.
- Advertising: The use of the Licensed material for a commercial work intended to promote the sale of products or services or the image of a company, organisation, institution or person
zb Media offers the following services, which the customer can order separately to an extent to be determined in the individual case:
- Consulting services for film production projects and services in the field of archiving, storage and licensing of film and image material;
- Research for film material in international archives and private sources Research assignments are invoiced according to time spent. We do not owe any success of the research carried out and thus no proof or provision of the picture or film material requested by the customer;
- the search for holders of third-party rights and the obtaining of consent (against payment) to the use of rights sought by the Customer at the expense of the Customer;
- the delivery of the licence material in the agreed type and quality. The licence material is considered to be accepted by the customer if written material complaints are not received by zb Media within two weeks;
- as far as the services are provided against payment, the Customer will be informed of this before the service is commissioned. The respective remuneration shall be agreed separately;
- zb Media may interrupt the provision of services and limit its duration. Insofar as the services are provided against payment, this may only be done for reasons of public safety and to carry out necessary operational work and to reduce disruptions; Zb Media will take the interests of the customer into account as far as possible.
4. License terms and license agreement
The licence agreement is concluded with zb Media GmbH, Dahlienweg 12, 82237 Wörthsee, Commercial Register: Munich District Court, HRB 134408, represented by the managing director Stephan Bleek.
Licensed rights of use
In the selection box for the licence fees, 6 different types of use for the licence material are offered.
1. Usage “Web Editorial”: By selecting this type of use, the customer acquires the right to make the license material publicly accessible within the framework of his own publication. The use is restricted to editorial, non-promotional purposes. The right is granted for an unlimited period of time and worldwide.
2. Usage “Web Advertising”: By selecting this type of use, the customer acquires the right to make the license material publicly accessible within the framework of his own publication. The use enables promotional purposes to advertise a company or to promote sales of its products. The right is granted for an unlimited period of time and worldwide.
3. Usage “TV and Web Editorial”: By selecting this type of use, the customer acquires the right to broadcast the license material as part of his own publication by terrestrial, cable, wireless, satellite or other technical broadcasting methods, including free and pay TV and video on demand. Included is the right to make the publication available to the public and to screen it at festivals or in cinemas. Use is restricted to editorial, non-promotional uses. The right is granted for an unlimited period of time and worldwide.
4. Usage “TV and Web Advertising”: By selecting this type of use, the customer acquires the broadcasting right to broadcast the license material within the framework of his own publication terrestrially, by cable, wirelessly, by satellite or by other technical broadcasting methods, including free and pay TV and video on demand, as well as to make it publicly accessible. The use enables advertising purposes for the promotion of a company or for the sales promotion of its products. The right is granted for an unlimited period of time and worldwide.
5. Usage “Print, eBook, Web Editorial”: By selecting this type of use, the customer acquires the right to edit the license material within the framework of his own publication, to make it publicly accessible, to reproduce it by printing or eBook and to distribute it in an unlimited number of copies. The use is limited to editorial, non-promotional purposes. The right is granted for an unlimited period of time and worldwide.
6. Usage “Print and Web Advertising”: By selecting this type of use, the customer acquires the right to edit the license material within the framework of his own publication, to make it publicly accessible, to reproduce it by printing and to distribute it in an unlimited number of copies. The use enables promotional purposes for advertising a company or for sales promotion of its products. The right is granted for an unlimited period of time and worldwide.
7. Usage “Exhibition”: By selecting this type of use, the customer acquires the right to make the license material publicly accessible within the framework of an exhibition. The use is limited to the duration of the exhibition and restricted to its location.
Conclusion of contract
- The presentation of the products in the online shop Historiathek is not a legally binding offer, but only a non-binding invitation to order.
- By clicking on the button [Kaufen/kostenpflichtig bestellen] you submit an offer to conclude a licence agreement for the use of the licence material listed on the order page. Your contract is concluded when we accept your order by sending an order confirmation by e-mail immediately after receiving your order.
- Upon conclusion of the licence agreement and full payment of the licence fee, you are granted the right to publish the licence material inone own publication in accordance with the selected type of use without time limitation and worldwide in your own work. Included is the right to use the Licensed Material in its original or edited or transformed form in a manner customary in the industry for promotional purposes for this publication.
- It is not permitted to resell the licence material outside your own publication. For the use in further own publications in addition to the initial licence, a new licence with zb Media is required.
5. prices and shipping costs
- The prices for licence fees stated on the product pages are net and do not include the respective statutory value added tax and, if applicable, the respective handling and delivery costs.
- Due to the constant updating of the Internet pages of the online shop, information provided at an earlier point in time regarding price and quality of the goods loses its validity.
- The price shown at the time of submission of the Customer’s offer is decisive for invoicing.
- In addition to the stated prices, we charge a flat-rate handling fee of 6.90 euros per order. The handling and shipping costs are clearly indicated again on the product pages, in the shopping cart system and on the order page.
6. Use by third parties
Rights and obligations from agreements between zb Media and the customer can only be transferred to third parties with the express written consent of zb Media.
Following the order process and after payment, the Customer will receive a link to download the licence material (in full available resolution and without watermark) by e-mail. There may be a processing time between the order and the sending of the download link.
Any deviating delivery routes with data carriers will be agreed separately.
We shall notify all charges incurred in connection with the assignment. This concerns
- Fees for consultancy services,
- Research fees,
- Fees for the delivery of viewing materials or ordered licence material depending on the desired delivery channel,
- Fees for obtaining permits and consents in accordance with section 3.1.
- The fees and expenses to which Zb Media is entitled, as well as any fees for third-party rights, become due for payment when the invoice is issued, unless a later due date has been expressly agreed in writing.
- Payment can be made online either by credit card (via the Paypal payment system) or Paypal.
- The customer can only offset against claims of zb Media as well as against claims collected by zb Media with undisputed or legally established counterclaims.
- Objections to invoices must be made in writing directly to zb Media. If no objections are raised within a period of six weeks from receipt of the statement of account or an invoice or payment or collection of the invoice amount, the invoices shall be deemed accepted.
- In the event of chargebacks due to incorrect account details or insufficient account cover or other causes within the sphere of the customer, zb Media will charge a processing fee of Euro 20.00 per direct debit plus the bank fees charged to zb Media for the chargeback.
- If the customer is in arrears with the settlement of due claims, these will be subject to interest at an annual rate of 8% above the base interest rate of the ECB from the beginning of the arrears. Zb Media may charge a processing fee of Euro 20.00 for the dunning procedure.
- If the customer does not act for himself but for a third party, the customer and the third party are liable to zb Media as joint debtors in relation to any payment obligations.
10. retention of title
Until full payment has been made, the licence material remains our property and no rights of use are transferred. (retention of title according to §§ 158, 449 BGB)
- Unless expressly agreed otherwise, your warranty claims shall be based on the statutory provisions of the law on the sale of goods (§§ 433 ff. BGB) with the following adjustments:
- Only our own specifications are binding for the quality of the goods. The pictures we offer are historical photographs which, for technical reasons, expressly cannot meet today’s quality standards in sharpness and resolution. Therefore the pictures and film excerpts are always provided “as is”, i.e. without any warranty for defects and zb Media is not liable for any special quality.
- In the event of defects in the digital scans which are not due to the image quality of the source material, we shall, at our discretion, provide a warranty either by rectifying the defect or by delivering a replacement (supplementary performance).
We are liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. In the case of slight negligence, we are liable for damages resulting from injury to life, body and health of persons.
Otherwise, the following limited liability applies: In the case of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Limitation of liability also applies in favour of our vicarious agents.
13. Data Protection
Personal data of customers will only be collected, processed or used if the person concerned has consented or a legal provision orders or allows it. Further details are governed by the data protection regulations published on our websites (link)
14. Final provisions
Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the other provisions and the contractual relationship. The invalid provision shall be replaced by an appropriate provision which – within the legally permissible framework – comes closest to the purpose of the invalid provision.
Changes and additions to all contractual agreements must be made in writing. This also applies to the waiver of the written form requirement.
German law shall apply to all contractual relationships excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Law”).
Exclusive place of jurisdiction and performance is Munich, Germany.
© zb Media 2016-2021