Terms and Conditions

Here you can find our terms and conditions which define the rules of delivery and usage of royalty-free and rights-managed images and videos.1.         Buenos Dias Bildagentur (hereinafter, “Buenos Dias”), managed by Cocoba GmbH (Schottenfeldgasse 51, 1070 Vienna/Austria, VAT: ATU15519801 , Company registration number FN 102391 a, images@buenosdias.at, Tel: +43 1 997 18 20)   has a collection of visual content (images, illustrations, graphics and videos) which are provided to customers for commercial use by way of issuance of licenses via the websites www.buenosdias.at (hereinafter, “Website”). These General Terms and Conditions of Business (hereinafter, “GTCs”) shall apply for the use of the Website. These GTCs shall apply together with the license agreement (hereinafter, in aggregate, “the Terms and Conditions”) for the conclusion of agreements on the use of digital content between the customer and Buenos Dias. By registering on the Website (or filling out and sending in the order form), the customer confirms that he has read the Terms and Conditions and declares his consent thereto. 1.1. Buenos Dias Bildagentur is a brand of Cocoba GmbH. 1.2. The contracting party of Buenos Dias shall be the user registered on the Website or the orderer named in the order form (hereinafter, “the Customer), who shall contract with Buenos Dias in his or her own name, regardless of whether the latter is acting on behalf of a third party. 1.3. Deviations from the Terms and Conditions shall require an express written agreement. The above shall also apply for opposing terms and conditions of business of the Customer, so that no express objection shall be required by Buenos Dias in any individual case. Buenos Dias reserves the right to modify the Terms and Conditions at any time without prior notice. By continuing to access the Website or continuing to use the Website and/or images after such a change, the Customer declares his consent to the modified Terms and Conditions. Therefore, the Customer shall be responsible for reading the Terms and Conditions regularly. The Terms and Conditions were last updated on March 1st 2018. 2.         Website/Access Codes: The Website shall be owned and operated by Buenos Dias and runs on the platform of the company www.thpservices.com (based in Barcelona/Spain). All content displayed on the Website, including text, graphics, images, illustrations and videos (“digital content”) and software shall be property of Buenos Dias and the licensors thereof. No component of the content of the Website may be used in any way without express agreement. The Customer shall use the Website at his own risk. Buenos Dias shall not be liable for the Website’s operating without interruption, flaws, viruses, unauthorized program codes or other harmful components. The Customer must take all precautions himself to protect himself against damage which may result from use of the Website. 3. As a security and identification feature, each Customer shall receive a user name and password upon registering on the Website. For all transactions as part of operation of the webshop, authorization to conduct such transactions shall be checked exclusively using the user name and password. The Customer shall be obligated to ensure that such security and identification features are kept secret and not communicated to third parties. In the event of the loss of the security and identification features, or if the suspicion exists that an authorized person has gained knowledge of such data, the Customer shall be obligated to modify the data on the Website immediately.   4. The subject of agreement shall be the delivery and licensing of rights-managed and royalty-free images, graphics, illustrations and videos: 4.1. Rights-managed images (hereinafter, “RM images”) shall be licensed depending on size, type of publication, circulation, terms of use, geographic distribution and similar factors. 4.1.1. The customer is only granted a single, non-exclusive, non sub-licensable, non assignable and non transferable right to use the digital content (Unless agreed otherwise). 4.1.2. Therefore, when ordering an RM image, the Customer must provide the information necessary to determine the use rights to be issued. License rights shall be issued pursuant to the license agreement for use of rights-managed images of Buenos Dias Bildagentur. Any further use of the rights-managed content shall be reimbursed and requires a serparate agreement. 4.1.3. RM-content can be downloaded via website. A permanent or archiving of the pictorial material beyond the contractually agreed period of use is not permitted 4.1.4. Unless an explicit “model-release” is included in the picture material as well as any trademark and other proprietary rights or holders of rights to works of art or architecture are to be obtained by the customer – unless otherwise agreed upon. Buenos Dias shall be indemnified by the Customer. 4.2. Royalty-free images (hereinafter, “RF images”) or Low-Budget images (hereinafter, „LB-images“) shall be licensed depending on the size of the product needed by the Customer. The license shall not relate exclusively to a specific intended use. Therefore, RF images may be used repeatedly for different projects in exchange for payment of a one-time fee. License rights shall be issued pursuant to the license agreement concluded between the Customer and the licensor of the relevant RF-/LB image with the order. Royalty-free/LB- images shall be delivered by means of electronical download. 4.3. Any use of the image content of Buenos Dias requires the identification of the photographic material (so-called “photocredit”) by the customer according to the following rules: „Name of the photographer/Name of the agency/Buenoasdias“ or „Name of the agency/Buenoasdias““. A false or omitted photocredit makes the customer liable for damages (see point 8). 5. Conclusion of Agreements in the Webshop: Prior to issuing an order, the Customer shall be notified of the technical steps leading to the conclusion of an agreement through the symbols used in the webshop and the shopping instructions available online. The Customer’s binding order to acquire products and/or conclude corresponding license agreements for the use of images shall be placed by selecting the relevant images, entering the Customer’s registration data, selecting the type of order, selecting the intended use, if applicable, and clicking the “add to basket” and “check-out” buttons. The text of the agreement may be saved by the Customer immediately after the order is placed, but such text shall not be saved by Buenos Dias. Agreements shall be concluded even without issuance of a declaration vis-à-vis the Customer through de facto performance (delivery of the images, including a written license agreement). Buenos Dias reserves the right not to accept orders.   6. Delivery: The delivery of pictures in digital form takes place in electronic form (download by the customer or via e-mail) to the e-mail address given by the customer. The Customer shall bear a duty to examine and give notice of defects with respect to the data storage media and images delivered pursuant to §§ 377, 378 of the Commercial Code. Unless otherwise specified in the Terms and Conditions, notice of all defects, particularly deviations from the order, qualitative defects in the image material and the accuracy of the image description, shall be given by the Customer without delay, at the latest within 24 hours of receipt over the telephone and within 2 days in writing, to the exclusion of any warranty. Otherwise, the delivery shall be considered properly conducted and approved. 7. Layout Fees: A layout fee shall be paid for use of the images for layout or internal presentation purposes in the amount of EUR 70.00 per image for advertising layouts and € 50.00 per image for editorial layouts. No layout fee shall be charged for the use of digital images in low resolution (max 72 dpi) for layout purposes. 8. Contractual Penalties: The Customer hereby agrees to the following no-fault contractual penalties, which shall apply regardless of whether a damage occurs, shall apply as minimum compensation and shall not be subject to mitigation by a judge: 8.1. for each unlicensed use or exceeding an issued license, three times the usual fee charged for such use pursuant to the applicable price list, though no less than € 10,000.00; 8.2. for absent or inadequate copyright mark: 100% of stipulated fee, though at least € 350.00. 8.3. Through payment of these amounts, the Customer shall not acquire any rights to the images beyond any licenses which may be stipulated and paid for. 9. Payment for the product shall be made with a credit card accepted by Buenos Dias, or, with the prior consent of Buenos Dias, on delivery, in advance or upon receipt of invoice. All prices shall not include applicable turnover tax and shall be payable in full. Prices are subject to change and printing errors. All products shall remain property of Buenos Dias until payment is made in full. License rights shall be considered issued only upon receipt of payment. In the event the Customer defaults on payments, default interest shall be charged at a rate of 12% a year. € 20.00 shall be charged for each payment reminder. 10. The Customer himself shall be liable for the performance of all obligations under this agreement, even in the event images are forwarded from the Customer to third parties, the Customer enables third parties to access the images in violation of the contractual obligations thereof, images are sent to third parties by Buenos Dias at the request of the Customer or invoices are issued to third parties, either directly or after revision, for reasons of simplifying administrations, in accordance with the Customer’s request. Such liability shall particularly include any claims based on use, damage, late return or loss of the images by third parties. 11. Liability for Defects of Title: The bestowal of rights for use of the images shall be conducted pursuant to the license agreement concluded between the Customer and the licensor of the images with the order (see 14 below) and shall therefore be warranted not by Buenos Dias but exclusively by the licensor pursuant to the terms and conditions of the relevant license agreement (unless Buenos Dias is itself the licensor). Violation of the license agreement may lead to cancellation of the license and the Customer’s obligation to return the images and/or data storage media without compensation and destroy all copies. 12. By purchasing the images, the Customer concludes a license agreement with the licensor owning the relevant product. Issuance and exercise of the license, liability, warranty and the law applicable in connection with the license agreement shall be determined exclusively in accordance with this license agreement. Violations of the license agreement may result in damage compensation obligations vis-à-vis the manufacturer, in addition to revocation of the license. Some license agreements on RF-/LB- products are drafted in the English language. By ordering such products, the Customer declares his or her consent for the use of the English language as the language of contract of the license agreement. 13. The customer agrees to be informed at regular intervals of Buenosdias with information in electronic form (i.e. newsletter…). This consent may be revoked at any time. 14. These GtCs are a translation of the “Allgemeine Geschäftsbedingungen der Buenos Dias Bildagentur “. The German version shall be exclusively legally binding. Currently valid is the version that can be downloaded from our website www.buenosdias.at. 15. The contractual relation between Buenos Dias and the Customer shall be subject to Austrian law to the exclusion of its conflict of law rules. The United Nations Convention on the International Sale of Goods shall not apply. The place of jurisdiction for all disputes between Buenos Dias and the Customer shall be the court in Vienna competent for commercial matters.

These GtCs are a translation of the “Allgemeine Geschäftsbedingungen der Buenos Dias Bildagentur “. The German version shall be exclusively legally binding.

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