We will change our GTC on 01.02.2021. You can already view the new GTC here.
DIZ München GmbH
Süddeutsche Zeitung Photo
Terms and Conditions
A General
1. These General Terms and Conditions are applicable to all licence agreements, offers for such agreements, deliveries and electronic transmissions by Süddeutsche Zeitung Photo, a service of Dokumentations- und Informationszentrum München GmbH ("DIZ").
2. These Terms and Conditions also apply to any future dealings between DIZ and Principal without the need for their express repeated incorporation.
3. Dissenting Terms and Conditions of Principal are not accepted. This also applies if Principal refers to such Terms and Conditions when placing the order.
4. Any special agreements require confirmation in text form to be valid.
5. DIZ’s offers are subject to change. Contracts on services to be rendered by DIZ are only concluded upon confirmation of order in text form respectively confirmation of licence in text form. This shall also apply if the parties have already exchanged data in an electronic way. Any prior use is not admitted.
6. Contractual Partner and Principal in the terms of these Terms and Conditions is he who commissions DIZ to render its services, in particular to licence the use of its material. If Principal uses the material not for his own medium but for a third party’s medium, e.g. one of his customers, Principal shall irrespective of such use be DIZ’s contractual partner and be liable for complying with all duties resulting from the contract with DIZ. This shall also apply if DIZ on Principal’s request issues the invoices directly to the third party, e.g. Principal’s customer.
7. Material shall mean photographs.
8. Any objections regarding the content of the shipment have to be communicated without undue delay after receipt.
B Fees
1. Any use of DIZ’s material is subject to fee. This also applies if DIZ’s material is used as a working model, for layout purposes or customer presentations.
2. Fees have to be agreed before using the material. They depend on the medium, the way and extent of the use, which have to be communicated to DIZ.
3. Any information regarding fees, fee agreements and claims for fees are always to be understood as net.
4. Fees cover the use for the specified purpose and the specified extent, which result from the confirmation of order respectively the conformation of licence. Each further use is subject to DIZ’s prior consent and subject to an additional fee.
5. If DIZ’s material is used or transferred without authorization a minimum fee of € 2.500,00 becomes due. Any claims for further damages shall remain unaffected.
6. Exclusive rights or retention periods have to be agreed separately and are subject to an addtional fee.
7. Until payment in full Principal shall without DIZ’s prior consent in text form not be permitted to reproduce or otherwise use the material. Any such use constitutes a breach of DIZ’s and its licensor’s property rights and constitutes a breach of contract which entitles DIZ to withdraw the right of use, to cancel the contract and to claim damages from Principal.
C Costs
1. Handling charges and delivery and transmission costs, which depend on the nature and extent of the generated expenses, will be charged for delivery or transmission of material. By settling such costs Principal does not acquire neither rights of use nor property rights.
2. The applicable handling costs result form the price list in force from time to time, plus delivery and transmission costs.
D Restraint on disposal
1. Material is provided by DIZ only for the contractually agreed use and has to be returned to DIZ after utilization in the form it has been delivered by DIZ and has to be deleted from Principal’s storage media.
2. It is clarified that DIZ does not grant any property rights to Principal.
3. Any adaption, modification or manipulation of the material protected by copyright, in particular by digital means is prohibited. Exceptions have to be agreed separately.
4. Any promotional use of the material is only admitted as far as such use was explicitly authorised in the confirmation of licence.
5. DIZ does not assume any liability for violations of third party rights such as personal rights, design holder rights, trademark rights and copyrights . In case of violations of such rights only the Principal shall be liable for damages to third parties. Images of public persons may not be used in a way which produces a relationship to a certain product or which alienates the text or the tendency. Film stills or scenes from television programmes must only be used in connection with the coverage of those films and TV programmes. The Principal shall be responsible for obtaining any necessary permission.
6. The transfer of the material or rights of use to third parties must be agreed separately in text form.
7. The use of the material in social networks (such as Facebook etc.) has to be agreed separately. The use in social media offers is only permitted if thereby no transfer of content rights is made to the operator of the offer or to other third parties.
8. The material must not be duplicated, scanned nor used or stored in any other digital way without the payment of a respective licence fee. Furthermore, digital material may only be stored in the course of the production of material within the framework of the granted license. The material may for example not be used simultaneously by several users in the framework of computer networks or a similar computer configuration. If Principal does not require the material any longer, Principal is obligated to immediately delete the material from the computers or the respective electronic storage system.
9. The customer is obliged to observe the journalistic principles of the German Press Council (Press Code) when using licensed image material.
E Copyright note, file copy
1. The material must be provided with a copyright note which is undoubtedly assignable to the respective photo. The copyright note must contain the author’s name and "Süddeutsche Zeitung Photo".
2. If Principal fails to provide the material with the copyright note, DIZ is entitled to damages in terms of an additional fee of 100% of the respective licence fee. Further, Principal has to indemnify DIZ from any claims of third parties resulting out of the failure to provide the material with the copyright note.
3. Principal shall provide DIZ with two file copies of any publication in print free of charge and unsolicited.