Order Images - Terms & Conditions

Index > Terms and Conditions

Terms and Conditions

A. TERMS RELATIVE TO SUBMISSION

1. No electronic rights granted unless specifically stated.
2. When the project is complete, latest one month after publication, or, in case of web use, termination of license, all digital files of all versions of the image(s) must be destroyed, i.e. erased from all storage media.
3. Recipient assumes full liability for its employees, agents, assigns, messenger and freelance researchers for the misuse of the images, i.e. any use except for which the image(s) has/have been specifically licensed.

B. TERMS AS TO USE

1. Unless otherwise specifically stated, images remain the property of GandhiServe Foundation. Upon receipt of payment of an invoice and submission, a license only is granted to use the images for the use specified on the invoice and for no other purpose. Recipient does not acquire any right, title or interest in or to any image, including, without limitation, any electronic reproduction or promotional rights, and will not make, authorize or permit any use of the particular images other than as specified therein. Full credit and copyright information must remain with the file.
2. User will hold GandhiServe Foundation harmless from all claims for the use of the images, including defamatory use. GandhiServe Foundation gives no right or warranties with respect to the use of names, trademarks, logo types, registered or copyrighted designs or works of art depicted in any image, and the client must satisfy himself that all necessary rights, consents or permission as may be required for reproduction are secured.
3. These terms and the terms of any subsequent invoice/copyright license supersede any and all terms of the client's or Recipient's purchase order. Any subsequent invoice/copyright license we may issue, may contain additional terms relating to the rights granted and the type of use allowed.
4. No rights are granted until payment is made to GandhiServe Foundation, even though Recipient has received an invoice.
5. In the event that any images are used by Recipient in publications, then Recipient shall send to GandhiServe Foundation, on a semiannual basis (June 30 and December 31), a certified statement setting forth the total number of sales, sublicenses, adaptations, translations, and any other uses.
6. Recipient shall provide GandhiServe Foundation with two (2) free copies of such publication immediately upon printing. Should Recipient fail to send free copies of the publication within three months after publication, GandhiServe Foundation is entitled to charge an amount equal to the licensing fee as compensation.
7. Rights are being reserved to Recipient when an invoice is created. If Recipient does not use the invoiced image(s), it is subject to a cancellation fee of 25% of the total amount of the invoice.
8. Images used editorially should bear a credit line as indicated by GandhiServe Foundation. Recipient shall provide copyright protection to the image(s).
9. All rights not specifically granted to Recipient are reserved for GandhiServe Foundation's use and disposition without any limitations whatsoever.
10. In the event of unauthorized use, it is agreed that a retroactive license can be made available at a fee of five (5) times the normal reproduction charge.
11. A fee of three (3) times the reproduction charge is due if the image(s) is (are) credited incorrectly, or given no credit.
12. None of the images licensed may be used in such a manner so as to defame the subject in the image, or in a manner which cause the subject to be held up to scorn or ridicule.

C. DISPUTES OR CLAIMS ARISING OUT OF SUBMISSION AND/OR USE

1. Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in Germany, pursuant to the rules of the German Arbitration Association. Judgement upon the award rendered may be entered in the highest court of the forum, State or Federal, having jurisdiction. These Terms and Conditions, their validity and effect, shall be interpreted under and governed by the laws of the State of Berlin.
2. Copyright claims shall be brought in the Federal Court having jurisdiction.
3. If GandhiServe Foundation is caused to present claims or suit as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by Recipient or user herein.

With effect from November 1, 2004