General terms and conditions (GTCs)

for the distribution and usage of the Max Frisch Archive’s digital image material

General

1. The digital photo shall be considered image material regardless of the original image medium.

2. All images may only be used for the stipulated purpose. Use of the image requires the explicit consent of the Max Frisch Archive. Upon publication, a sample copy is to be sent to the Max Frisch Archive free of charge. In cases where the Max Frisch Archive does not hold the rights of use to the images, the respective holder of the rights must be contacted.

3. A fee is charged for the delivery and use of image material.

4. No originals are lent.

Use/Royalty Fee

5. Every type of reproduction requires the consent of the Max Frisch Archive. This particularly applies to scanning, editing, archiving and electronic storage and other types of storage. Transfer to third parties is not permitted under any circumstances. With the exception of the stipulated purpose, all rights shall remain with the Max Frisch Archive or the respective holder of the rights.

6. The amount for the royalty fee shall be stipulated before delivery of the image material. By ordering the image material, the customer is obligated to inform the Max Frisch Archive of its intended use.

7. Royalty stipulations apply, unless otherwise agreed, for a one-time publication and the stipulated purpose. Any other usage (new edition, granting of licenses, use on the internet or an intranet, own advertising etc.) requires new authorization and approval by the Max Frisch Archive or the respective holder of the rights.

Third-Party Rights/Liability

8. If the Max Frisch Archive has not already clarified all copyrights and rights of publicity for images, the customer is obligated to do so before use. Under no circumstances shall the Max Frisch Archive accept any liability for an infringement of these rights.

9. Nor shall the Max Frisch Archive accept any liability for an infringement of immaterial or material rights of third parties by the publication of an image under any circumstances. If the Max Frisch Archive should be held accountable due to the infringement of the immaterial or material rights of third parties as a result of the publication of an image, the customer is liable for any damages and costs which the Max Frisch Archive should incur as a result.

10. The customer must adhere to any limitations of use the Max Frisch Archive specifies. The customer is liable for an infringement.

11. The distortion or discriminatory use of image material is prohibited. Image editing is only permitted within the scope of the usual methods.

12. The customer shall be jointly and severally liable for the amount receivable of the Max Frisch Archive for orders and invoices sent to a third party.

Citation of Sources

13. Unless otherwise agreed, every publication must bear the following reference:
© Name of the photographer/Max Frisch Archive, Zurich

Jurisdiction

14. The exclusive place of fulfillment and jurisdiction is Zurich.

15. Swiss law applies exclusively when shipping material abroad.

Zürich, im Juni 2013