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Terms and Conditions

General Terms and Conditions of Business

science-illu
Chlus 5
CH-8816 Hirzel
Switzerland

hereinafter "the Agency" or " science-illu"


Important notice to science-illu.com customers and users:

Illustrations by Cornelia Hesse-Honegger published on www.science-illu.com may not be used for designs or prints either on silk or on textiles made ​​wholly or partly of silk.


1. General Terms and Conditions of Business / Licensing agreement / Utilization rights

The General Terms and Conditions of Business set out below apply to the acquisition of image licenses from science-illu, an online image database that forwards image license offers from illustrators directly to customers. The licensing agreement comes into effect between the purchaser (hereinafter: "licensee") and illustrator immediately upon each download. science-illu has no influence on the licensing agreement content, but is responsible for invoicing and payment processing. Therefore the agreed license fees are payable directly to science-illu.
With the purchase and download of image material, the licensee accepts these licensing agreement conditions. Users of the science-illu online image database who do not accept these conditions are not authorized to download images. Employees of the licensee may only utilize science-illu image material in the interests of the licensee or authorized customers of the same. Utilization rights of the licensee’s departing employees remain with the licensee company and its authorized customers.

The illustrator grants the licensee non-exclusive royalty-free utilization rights to the image material for own purposes without time and spatial limitation. Transfer of utilization rights is expressly non-binding and non-exclusive.


2. Image material

Included in these utilization rights are copying, distribution and transfer rights within the contractual scope of utilization, in particular the right to utilize images or pictures for advertising (in brochures, prospectuses, etc.) and for other business or private purposes, and the right of reproduction and distribution in print media and on data carriers (CD-ROM, DVD, etc.), furthermore the right to publish images on the Internet and the right to process images and combine them with texts, other images, and music as far as not thereby infringing the illustrator’s interest in image integrity.

Specified purpose and once-only utilization
Multiple utilization is permissible within the same company. Utilization for varied purposes such as a number of projects in the sense of individual customer orders, or in various ways such as both for print media and for Internet publication, is not permitted. In such case images must be separately purchased for each purpose.


3. Resale:

The resale or passing on of images is not permitted.
Image material may not be offered for resale in autonomous form, i.e. in downloadable data format or as for example picture CD, nor may images licensed by science-illu be used without separate agreement to make products for resale whose determining value is based on the value of the image material itself – such as for posters, art prints, etc. Copyright applies.

The purchaser may modify images for the designated utilization purpose, but not in such way as to so distort the original image statement that the author is thereby subjected to risk of personal disadvantage such as reputational harm, or in infringement in part or whole of other rights (such as personality rights or trademark rights). In such case the express consent of the copyright holder must always be sought beforehand.


4. Unlawful usage of illustrations

The image author can withdraw utilization rights on important grounds, such as in particular when the licensee exceeds usage authorization. If the image author withdraws utilization rights the licensee is obliged to delete all image copies. Such deletion or restitution of images must be confirmed in writing on demand by the image author or science-illu.

In each case of unauthorized usage or passing on of image material, a contractual penalty of CHF 5000 is payable to science-illu. Additional damages claims and/or legal action are reserved.

The licensee is expressly prohibited from jointly utilizing the licensed image material with third parties, enabling third-party access to the image material, selling, renting or otherwise passing on the image material without express authorization by sublicensing. The licensee must not infringe the trademark rights or other protection rights of third parties, and must not infringe the personality rights of the depicted persons or third parties in a pornographic, defamatory, offensive or any other way either directly with the image material or indirectly in combination with other materials.
Utilization of the licensed image material in any negative or morally questionable connections and/or for political campaigning is expressly prohibited without the prior written approval of science-illu.

The licensee may for own internal purposes reproduce, modify and process the image material and make one backup copy for archiving purposes. Any other utilization is subject to separate written approval by science-illu.

The results of your work with the image material must either be reserved for your own use, or for your direct employer, principal or end-user customer. Preview and thumbnail images with watermark may be used free of charge for layout and drafting purposes, but not for websites or in end products.

The image material offered is copyright protected. science-illu ensures that all rights to the images offered on its website are held by the illustrator, or that they are transferred by a respective model or property release contract whenever necessary.

Image material marked «For editorial use only» may not be used for any other purpose.

The illustrator and author licence the image material at the published pricing conditions.


5. Contract closure

By pushing the button "order current image selection" the customer declares acceptance of the licensing offer in conjunction with the contract content under paragraphs 1 to 4 and accepts these business terms as a whole. Illu-science transfers the licensee's acceptance declaration directly to the author. Thus, a license agreement is solely concluded between the licensee and the image author.


6. Place and mode of performance by science-illu

science-illu provides the customer with access to its online image database. The utilization and extent of this image database can be coupled by illu-science with specific conditions. Right of utilization of the online image database and its functions exists solely within the scope of the rules and technology. science-illu can from time to time restrict its services if required for the security or integrity of hardware used by science-illu, or for carrying out technical measures, or if required for orderly or improved performance. In such cases science-illu will inform the members appropriately such as by advance notice. There is no obligation for science-illu to ensure the availability of it services.

After contract closure with the provider science-illu will enable the licensee access to the ordered images for 30 days. To this purpose the licensee will receive authorization by e-mail to access the respective images. During this time the images can then be downloaded to the licensee’s computer from the science-illu online image database, as many times as required.

CD and DVD delivery by post
The licensee must cover the cost of image delivery by post on CD or DVD and the risk of loss in transit. Please refer to the respective price list published at illu-science.com.


7. Customer access

Customer login registration and authorization are subject to acceptance of these business terms and conditions.
The requested registration data must be entered completely and correctly. Legal entities must be registered by a named person authorized to represent the same. Any subsequent changes or corrections to the registration data must be immediately notified to science-illu. Customer login data is non-transferable.


8. Payment conditions / remuneration

Licensee registration with illu-science is free of charge.

The given image price is the net price less any applicable value-added tax (VAT) or other charges (such as for CD or DVD delivery of image data by post).
Since the image author assigns science-illu with payment collection, the licensee pays the image royalty stated in the “shopping cart” to the image author vial science-illu. Invoices are sent by e-mail. Payment can be made with the credit cards indicated. Image material utilization rights are not valid until receipt of full payment.


9. Copyright notice

The illustrations are copyright-protected. Copyright acknowledgement is expected, and indispensable in particular for editorial utilization. Exceptions to this rule must be granted in writing by science-illu. If the name of the illustrator is not known " science-illu.com " should be indicated as source. In no case however, either intentionally or by negligence, should the impression be given that the content of any image licensed from illu-science is exempt from third-party rights.


10. Contract closure / data storage

The licensee declares acceptance of our General Terms and Conditions of Business and agreement with the storage by science-illu of all customer data required for contract processing. Such data will not be passed on to third parties, but can be used for internal statistics and advertising purposes.


11. Damages compensation / liability limitations

The licensee undertakes to indemnify and hold science-illu harmless from all third-party claims for damages and liability arising from image material utilization infringing the conditions hereby agreed. The illu-science online image database can only be held liable for wilful intent and gross negligence, not for the functionality of data networks and data lines or for server malfunctions. science-illu assumes no liability for the licensee with regard to any approvals required for the utilization of image material. The licensee carries sole responsibility in this connection and must procure all approvals missing or required.

Legal liability for personal injury and in accordance with the Product Liability Act shall remain unaffected.


12. Retroactive taxation for customers abroad:

Customers domiciled abroad must cover any retroactive taxation.


13. General principles

The licensee is obliged to comply with the applicable laws and regulations in utilization of the science-illu online image database and associated services.

science-illu reserves the right to change rules within the scope of its General Terms and Conditions of Business as far as reasonable for the members in consideration of their science-illu interests.

The titles, descriptions and search algorithms used on the science-illu website are solely for image selection and orientation purposes. The substantive or technical accuracy of data entered for individual images is not guaranteed thereby.


14. Final clauses

These General Terms and Conditions of Business and all other legal relations between science-illu and the licensee are exclusively subject to Swiss law. This also applies in particular to cross-frontier legal dealings with customers domiciled abroad. By acknowledging and accepting these General Terms and Conditions of Business, the licensee expressly confirms having been informed of and having understood the content of this clause.

Place of fulfilment and court of legal jurisdiction for all types of proceedings in this connection is exclusively Zurich, Switzerland; science-illu is however entitled to instigate legal proceedings against users with the court of jurisdiction at their place of domicile or with any other court of jurisdiction.

Oral or other agreements have not been stipulated. No changes or addenda to these General Terms and Conditions of Business are legally valid unless in the written form. The contractual parties also satisfy this written form requirement with documental transmission by telefax and e-mail unless contractually agreed otherwise for specific clarifications.

Should any clause of these General Terms and Conditions of Business be or become invalid, ineffective or unenforceable as a whole or in part, then the legal validity of the remaining provisions shall not be affected. Such clause shall be replaced by a clause economically coming next to the invalid, ineffective or incomplete clause.



 
 
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