Terms and Conditions

Geschäftsbedingungen

OWNERSHIP OF THIS WEBSITE and IMAGES

This website is owned and operated by Hartmut Pohling (japan-stock-photo.com & www.japan-photo.de ). All elements of the site, including the content and the general design are protected by copyright, trademark, trade dress and other EU and international laws related to intellectual property. The copyrights to the Images on this Stock site are owned by Hartmut Pohling (unless otherwise specified). The Images on this site may only be used as outlined under "PERMITTED USAGE" below. It is illegal to copy or reproduce these Images beyond the "PERMITTED USAGE," including use on other web sites without the prior written consent of Hartmut Pohling, japan-stock-photo.com or japan-photo.de. It is illegal to use any portion of Images as reference for another photograph, illustration or derivative work in any form.

PERMITTED USAGE

Permitted usage is agreed upon purchase of the image between the buyer and owner of the content. Content may be used for non-profit or educational purposes with references to their author and/or website if the author has been notified in advance.
Other than the above comp use, Images may not be used in any way, until an invoice indicating User's right to use same is paid in full.

The Image(s) is/are strictly limited to the specific use, medium, period of time, print run, placement, size of Image, territory and any other restrictions specified in the "INVOICE & COPYRIGHT LICENSE." The terms specified on the "INVOICE & COPYRIGHT LICENSE" shall not be modified without the express written consent of the site owner or affiliate. Any attempted deviation from the terms of our Use License/Invoice is a violation of this agreement and the copyright act and shall nullify Japan-Stock-Photo indemnity obligations, and the representations and warranties made by Japan-Stock-Photo. Fees assessed for your use of the Image(s) depends on the nature of the rights granted.

RESTRICTIONS AS TO USE
The following uses are prohibited:

Use of the Image beyond the terms of the limited license agreement without first obtaining an additional license, including any electronic reproduction or promotional rights.

Create any derivative use of an Image unless indicated on the invoice.

Use of the Image in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter.

Use of the Image in any way that violates a depicted person’s right of privacy or publicity, or to infringe on any trade name, trademark or service mark.

Archive, republish or transmit any Images on any database without Japan-Stock-Photo (or its owner) prior written consent.

Copy or publish any of the Images to a network or bulletin board, or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the authorized users, without prior written consent from Japan-Stock-Photo (or its owner).

Sublicense, re-license, rent or lease any of the Images.

Use of the Images to promote a business that sells or licenses photographic Images, or otherwise competes with Japan-Stock-Photo (or its owner) in any manner.

Ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations.

PAYMENT TERMS

Payment of the invoice herein is to be upon receipt. Any claims for adjustment or rejection of terms must be made to Japan-Stock-Photo (or its owner) within ten (10) days after receipt of invoice.

CANCELLATION & REFUND POLICY 

Once a Royalty-Free Image has been downloaded there are no refunds or cancellations, unless the content does not meet the provided description before the purchase.

LINKS TO THIRD PARTY SITES

The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the linked sites or their use or contents.

INDEMNITY

You agree to indemnity and hold Japan-Stock-Photo (or its owner), and the photographer, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees, arising from the use of an Image or any breach of this agreement.

GENERAL DISCLAIMERS 

JAPAN-STOCK-PHOTO GIVES NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARK, LOGO TYPES, REGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART DEPICTED IN ANY IMAGE, AND THE USER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSIONS AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. ALASKA STOCK IDENTIFIED THE CAPTION FOR EACH IMAGE TO THE BEST OF ITS ABILITY, BUT CANNOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION INFORMATION. NO MODEL RELEASES OR OTHER RELEASES EXIST ON ANY IMAGES UNLESS THE EXISTENCE OF SUCH RELEASE IS SPECIFIED IN WRITING BY JAPAN-STOCK-PHOTO.

JAPAN-STOCK-PHOTO MAKES NO REPRESENTATION OR WARRANTIES THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. THE USE OF THIS SITE IS AT YOUR OWN RISK.

YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME EU COUNTRIES OR INTERNATIONALLY.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL JAPAN-STOCK-PHOTO OR THE OWNER OF THE IMAGES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES AS A RESULT OF THE USE OF THIS SITE OR FROM YOUR ACCESS OR USE OF THE IMAGES ON THIS SITE.

UNAUTHORIZED USE/RETROACTIVE LICENSE FEE: 

Since it is difficult to determine damages resulting from unauthorized usage, in the event you utilize an Image other than for the usage indicated on our Invoice, we agree to forego our right to sue you for copyright infringement and you agree to pay, as liquidated damages, a retroactive license equal to ten (10) times the normal price we would have charged for such unauthorized use within ten (10) days of our billing such fee. If you fail to timely make such payment, this liquidated damage provision shall be void and we shall have the right to sue for copyright infringement and/or breach of contract, for which we will shall seek all damages and remedies available, including attorney's fees and all associated costs.

WEBSITE DEVELOPMENT AND DESIGN

The website japan-stock-photo.com has been developed and designed by ERBIUS. For further information visit www.erbius.com or contact info@erbius.com

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