Imprint
Domain Owner::
Klaus Moseleit
Name and Address:
M&S Kommunikation
M&S Photographie
Klaus Moseleit
Catharinenberg 6
24113 Molfsee
info@ms-kommunikation.com
Phone: +49(4347)908462
Fax: +49(4347)908461
DE234000790
Responsible for content according to §6 MDStV
Klaus Moseleit (address see above)
Design and implementation:
Klaus Moseleit | M&S Kommunikation
webmaster@ms-kommunikation.com
Disclaimer
Liability for Content
The contents of our websites are created with utmost care and accuracy. We make every effort to keep the information on our Web site current. However, we accept no liability whatsoever for the content provided and can give no guarantee for the topicality, correctness and completeness of the content on our website. According to general principles of § 7 of the German Tele-Media Act (TMG) of 26 February 2007 (Federal Law Gazette I, p 179) the general laws limit our responsibility as a service provider for our own content and information that we make available on our Web pages. Also in accordance with the general principles of § 7 of TMG and in the meaning of §§ 8 to 10 of TMG we are not obligated to monitor third party information provided or stored on our Web site or information transmitted or stored by us or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information under the general laws remain unaffected even in the case of non-responsibility of the service provider pursuant to §§ 8 to 10. Upon notification of relevant violations, we will remove the content immediately from our website. A liability is only possible from the date on which we have become aware of any such legal infringement, and we do not act expeditiously to remove this content from our pages.
Liability for Links
Insofar as our Internet pages contain links to external websites of third parties, we can assume no liability for their content, to which we have no control. Always and only responsible for the content of linked websites is the respective provider or operator of that site. At the time of linking we had no information about any violation of the law and also there had been obvious no facts or circumstances known to us from which we could have had any knowledge of information about any unlawful act or information. Without concrete evidence of violations we are not reasonable for a continuous monitoring of the linked website. However in accordance with § 10 TMG, we will act immediate to remove the links from our website as soon as we become aware of violations.
Copyrights
Unless expressly identified as contributions from third parties, all content and material on our website are our intellectual property and are subject to German copyright. Any duplication, reproduction, distribution, processing and utilization (even in parts) of all works and content of our web pages require the written consent of the site operator or the respective author. Unless there is an explicit release on the websites, copying and downloading of our website are not permitted. A reprint or acquisition on other websites (or part there of) is permitted only with written permission from M&S Communication and the source is acknowledged.
Copyrights © 2014 by ms-kommunikation.com
Data Protection
The use of contact data - published in behave of the imprint obligation on our website - by third parties, for example for the transmission of unsolicited advertising and information materials, for distribution to commercial address brokers , etc. is strictly prohibited. The site operators reserve the right to take legal action, eg in the case of the unsolicited sending of advertising information, spam and so on.
To the extent applicable personal information by us, such as names, addresses, telecommunications data, e-mail addresses, account information, etc., this is done on a voluntary basis and as far as for the use of our offers and services necessary. We undertake to use the data provided to us exclusively for the occasion they are given to us, especially the customer will receive promotional and informative material only on request or with the explicit consent of the user of this site. We are committed to careful handling of personal data. Disclosure to third parties happens only with the consent of the user.
With regard to the transmission of data over the Internet or via e-mail, we point out that there may be vulnerabilities in the transmission and a complete protection of data against access by third parties is not possible from our side so far. Accordingly, as the Web site provider, we shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission on our part.
Terms and Conditions
Terms and Conditions for
"M&S Photographie | Klaus Moseleit"
1. General
1.1 The following terms and conditions apply to all orders issued to "M&S Photographie | Klaus Moseleit" unless there is otherwise agreed in the individual cases in writing. Differing formulations that may present in Terms of clients / purchasers are hereby rejected. These Terms and Conditions shall be deemed agreed if they are not contradicted within 5 days.
1.2 "Photographs" in the sense of these conditions are all products manufactured from "M&S Photographie | Klaus Moseleit" ", in any technical form, completion stage or the medium in which they were created or exist. (Paper photos, negatives, slides Positive, photos on canvas, video, electronic still images, images in digital form on CD / DVD or other physical storage media and virtual storage devices on the Internet, in clouds or other virtual storage and servers independently by geographical location, videos, etc.).
1.3 The Client acknowledges that the "M&S Photographie | Klaus Moseleit" photographic material is copyrighted photographic works within the meaning of § 2 1, Clause 5 Copyright Act.
1.4 In a bid is only contained what was specified when placing the order. After the order, all additional costs incurred by contract extensions will be charged additionally.
1.5 Until complete payment, any goods and image rights remain property of "M&S Photographie | Klaus Moseleit" with all the rights.
2. Copyright
2.1 "M&S Photographie | Klaus Moseleit" is the owner of the copyright on the photographs under the terms of the Copyright Law.
2.2 The photographs produced by "M&S Photographie | Klaus Moseleit" are generally intended only for the personal use of the customer.
2.3 In general "M&S Photographie | Klaus Moseleit" grants to the customer / client a simple right of use for the photographs. This includes the private, non-commercial use.
2.4 Any change, further processing of the supplied photographs (eg through photo composing, mounting or electronic means to create a new copyright work) must be authorized by "M&S Photographie | Klaus Moseleit". Any change, further processing of the supplied photographs (eg through photo composing, mounting or electronic means to create a new copyright work) must be authorized by
2.5 The transfer of rights of use shall require a separate agreement and payment.
2.6 A commercial / industrial use of the photographs in retrospect - whatever form they are present - by the client / customer or third party is only allowed with the prior written consent of "M&S Photographie | Klaus Moseleit". This also applies to image files, which have been digitally or otherwise altered or defamiliarized by the customer or by third parties. This further use has to be compensated adequately "M&S Photographie | Klaus Moseleit" by prior arrangement and is billed separately.
2.7 "M&S Photographie | Klaus Moseleit" is entitled to use all ordered photographs for the own promotional purposes. For this purpose, the customer / client grants his consent pursuant to § 22 RHC.
2.8 All tools and utilities (such as contact prints, negatives and intermediates) required for the creation of craft photographic works remain in the ownership of "M&S Photographie | Klaus Moseleit". A transfer to the client will require extra payment.
3. Fees, compensation, image conception, retention of title
3.1 For the preparation of the photographs, a fee will be charged as an hourly rate, daily rate or agreed fee plus VAT; Additional costs (travel costs, model fees, expenses, props, labor and material costs, studio rent, etc.) shall be borne by the customer. "M&S Photography | Klaus Moseleit" presents all prices for consumers as the final prices including VAT. Image edits, which are in the responsibility of the customer or desired by the customer and which are beyond labor incurred to generate the processed image material of "M&S Photography | Klaus Moseleit", shall be separately charged.
3.2 If the time allotted for the execution of the order period significantly (10%) exceeded or extended for reasons that are not occured by "M&S Photographie | Klaus Moseleit", but in the responsibility of the customer or desired by the customer, this increases the fee of "M & S Photography | Klaus Moseleit " if a flat rate based on a time frame was agreed, according to the time overhead. Is a time-based fee agreed, "M&S Photographie | Klaus Moseleit" gets also for the waiting time the agreed hourly or daily rate, if the customer can't provide evidence that "M&S Photographie | Klaus Moseleit" no damage has occurred.
3.3 The usual way is to deposit 50% of the agreed fee and is due within 7 days after reservation / order placement. If the deposit is not made on time, extinguishes the right to a binding reservation.
3.4 If the order is placed for execution of the contract be canceled by the customer within 3 days of the signing, it is generally an allowance of an hourly rate payable (counseling, telephone charges, construction costs estimates, etc.). Can be proven that no other job could be perceived by "M&S Photographie | Klaus Moseleit" or because of the existing contract other requests were demonstrably not assumed and therefore produced a financial loss for "M&S Photographie | Klaus Moseleit", 85% of the agreed basic salary (fee will be charged without additional costs such as registration fees, travel packages, travel expenses) deemed to be agreed.
3.5 Due invoices are payable within 14 days net. The Customer is in default if he doesn't pay due invoices later than 30 (in words: thirty) days after receipt an invoice or equivalent request for payment. "M&S Photographie | Klaus Moseleit" reserves the right to effect such default by issue a demand after the due date reminder to an earlier time.
3.6 Until full payment of the purchase price provided photographs remain the property of "M&S Photographie | Klaus Moseleit".
3.7 If the client has "M&S Photographie | Klaus Moseleit" given no specific instructions regarding the design of the photographs, as complaints are excluded about the conception of the image, selected Models or the recording location and the applied optical photographic equipment for the image view as well as the artistic and technical design. If the client wishes changes during or after recording production, so he has to bear the additional costs. "M&S Photographie | Klaus Moseleit" reserves the compensation claim for already started work.
3.8 The client obtains only images in pre-agreed resolution in JPG format. "M&S Photographie | Klaus Moseleit" makes the selection. The delivery of untreated, raw digital data (RAW) is excluded. The storage of digital image data is not part of the contract. Therefore the storage is provided without warranty.
3.9 "M&S Photographie | Klaus Moseleit" is granted the right to use a best-of selection of the photographs for a presentation of their own work to show them to potential customers or business partners in various forms. M&S Photographie | Klaus Moseleit" may use the photographs without limitation for its internet presentation, promotional materials, patterns albums for exhibitions, for publication in the press, for photo contests or exhibitions. The client keeps M&S Photographie | Klaus Moseleit" free of all rights of third parties in every aspect. The client agrees to this rights of such use of the recordings by M&S Photographie | Klaus Moseleit", if he does not contradicts writing before the first acquisition of photographs.
3.10 Individual variations of use and copyright and special conditions must be agreed in writing.
4. Liability
4.1 For damages of any kind, on the occasion of the contract "M&S Photographie | Klaus Moseleit" shall be liable for himself and his assistants, only for intent and gross negligence. This does not apply to damage resulting from injury to life, body or health or from the violation of essential contractual obligations which it or its agents have caused by negligent dereliction of duty. "M&S Photographie | Klaus Moseleit" undertakes to carry out the job with utmost care particularly to handle carefully with all passed objects, templates, films, displays, layouts. For damage to subjects that drafts, films, displays, layouts, negatives or data sticks "M&S Photographie | Klaus Moseleit" shall be liable for only in cases of intent or gross negligence, unless otherwise agreed. An damages is excluded over and beyond the material value. "M&S Photographie | Klaus Moseleit" committed to instruct his agents carefully. Moreover liable "M&S Photographie | Klaus Moseleit" not for his assistants.
4.2 For any damage or loss to / from negatives or digital image data sticks "M&S Photographie | Klaus Moseleit" is only liable in cases of intent or gross negligence. The liability is generally and in any case limited to the deposit or invoice amount.
4.3 For damage, defects or loss by subcontractors or suppliers who create their services on their own account, a liability "M&S Photographie | Klaus Moseleit" is excluded.
4.4 Delivery dates for photographs are only binding if expressly have been confirmed by "M&S Photographie | Klaus Moseleit". "M&S Photographie | Klaus Moseleit" is liable for exceeding the deadline only in cases of intent or gross negligence.
4.5 Risk and cost of transport of data media, files and data online and offline are taken by the client or the supplier. The way the transmission can be determined by "M&S Photographie | Klaus Moseleit".
4.6 The organization and allocation of bookings of "M&S Photographie | Klaus Moseleit" is done with great care. If, however, due to circumstances, the "M&S Photographie | Klaus Moseleit" is not responsible (eg, sudden illness, accident, environmental conditions, traffic incidents, etc.), no photographer appears at the agreed photo shooting or arrive too late, "M&S Photographie | Klaus Moseleit" can't be held liable for any resulting damages or consequences.
4.7 "M&S Photographie | Klaus Moseleit" keeps the negatives / fine data carefully. "M&S Photographie | Klaus Moseleit" is entitled, but not obliged to destroy Negative / resolution data one year after termination of the contract. Prior the destruction "M&S Photographie | Klaus Moseleit" informs (if possible) the client and offer him the negatives / Precision data for purchase. The sending and return of films, photographs and documents will be made at the expense and risk of the client. The client can determine how and by whom the return should be made.
4.8 "M&S Photographie | Klaus Moseleit" liable for light resistance and durability of the photographs only within the warranties of manufacturers of photographic material or media. "M & S Photography | Klaus Moseleit" shall not be liable for any damage caused by improper use of the photographs.
4.9 "M&S Photographie | Klaus Moseleit" is entitled to appoint foreign laboratories and contractors or subcontractors. "M&S Photographie | Klaus Moseleit" shall only be liable for its own negligence and only for intentional or grossly negligent behavior. Damages above the value of the material is excluded.
4.10 Retouching and laminating jobs are done only at the expense and risk of the client.
4.11 The shipment of films, photographs and documents occurs at the expense and risk of the client.
4.12 Complaints of any kind must be received within 5 working days after delivery of the photographs of "M&S Photographie | Klaus Moseleit". After the deadline, the photographs deemed to be accepted according to the contract and as free of defects.
4.13 Defects or faults of the delivered photographs on the choice of "M&S Photographie | Klaus Moseleit" repaired, exchanged or refunded. If it's not possible for "M&S Photographie | Klaus Moseleit" to make a repair or replacement, the customer can request at his option to cancel the order or reduction of the fee at an appropriate level - exclusion of all other claims of whatever manner and for whatever legal reason - if "M&S Photographie | Klaus Moseleit" was given a second opportunity to repair or replacement with a period of at least 6 weeks. "M&S Photographie | Klaus Moseleit" shall not be liable for consequential damages, to the extent permitted by law.
4.14 In reproductions, reorders and enlargements color differences small extent compared to the original or the first pictures are due to technical reasons not avoidable. This is no fault of the work and do not constitute a reclamation. A complaint is not thereby justified.
5. Secondary Obligations
5.1 The client warrants that he owns all the reproduction and distribution rights for all templates as well as for all portraits has the consent of the depicted persons for publication, duplication and distribution which are handed over to "M&S Photographie | Klaus Moseleit". Third-party claims based on breach of this duty borne by the client.
5.2 The Client undertakes to provide the photographic subjects in good time and collected immediately after capture. If the client don't collect the subjects within two working days after the prompt, "M&S Photographie | Klaus Moseleit" is entitled to charge storage costs or to outsource the subjects at the expense of the client, if they are blocking its studio spaces. Transport and storage costs shall be borne by the client.
6. Digital Photography
6.1 The digitization, storage and reproduction of photographs of "M&S Photographie | Klaus Moseleit" in any medium need the prior written consent of "M&S Photographie | Klaus Moseleit".
6.2 The transfer of usage rights does not include the right to storage and reproduction, if that right was not expressly delegated.
7. Image Processing
7.1 The processing of photographs of "M&S Photographie | Klaus Moseleit" and their reproduction and distribution, analog or digital, requires the prior consent of "M&S Photographie | Klaus Moseleit". If a new artistic work is produced by photo-composing or other electronic manipulation, this is to be marked with [M]. The authors of the works used and the authors of the new work are co-authors within the meaning of Section 8 of the Copyright Act.
7.2 The client is obliged photographs of "M&S Photographie | Klaus Moseleit" digitally store and copy so that the name of "M&S Photographie | Klaus Moseleit" is electronically linked to the image data.
7.3 The client is obliged that this electronic linkage carried out so that it remains in any type of data transmission, in any reproduction on screens, in all types of projections, especially when any communication to the public and "M&S Photographie | Klaus Moseleit" as the author of images is clear and clearly identifiable.
7.4 The client warrants that he is entitled to instruct "M&S Photographie | Klaus Moseleit" with the electronic processing of third party photographs when he issued such an order. He keeps "M&S Photographie | Klaus Moseleit" free from any third party claims arising from breach of this duty.
8. Usage and dissemination
8.1 The distribution of photographs of "M&S Photographie | Klaus Moseleit" on the Internet and in intranets, online databases, electronic archives, which are not only intended for internal use by the client, on a diskette, CD-ROM, or similar media is only allowed due to a special agreement between "M&S Photographie | Klaus Moseleit" and the client.
8.2 The transfer of digitized photographs on the Internet and intranets, and media and devices, which are suitable for reproduction on screens or for the production of soft and hard copies, need the prior written consent of "M&S Photographie | Klaus Moseleit".
8.3 Reproduction and distribution of electronically generated edits "M&S Photographie | Klaus Moseleit" need the prior written consent of "M&S Photographie | Klaus Moseleit".
8.4 "M&S Photographie | Klaus Moseleit" is not obliged to hand over disks, files and data to the client, if it was not explicitly agreed in writing.
8.5 If the client wishes that "M&S Photographie | Klaus Moseleit" makes available disks, files and data, this must be agreed and paid separately.
8.6 If "M&S Photographie | Klaus Moseleit" has provided disks, files, and data to the client, they are only allowed to be changed with prior consent of "M&S Photographie | Klaus Moseleit".
8.7 Risk and cost of transport of data media, files and data online and offline lie with the client; the manner of transmission can determine the client.
9. Jurisdiction final clauses
9.1 Fulfillment for all obligations from the contractual relationship is the seat of "M&S Photographie | Klaus Moseleit" if the other party is not a consumer. If both parties are merchants, legal persons under public law or a public sector fund, the place of business "M&S Photographie | Klaus Moseleit" is the place of jurisdiction. Exclusive jurisdiction is Kiel.