Terms of Service

Version 1st of May 2023

This Website is operated by Stockphotos.com GmbH and serves the purpose of providing you with access to stock media and Services and Apps accessible through the Website. The use is subject to the following conditions.

1 Access to the Website, functionality

1.1 You have the right to access and use the Website for its intended purposes.

1.2 You may not misuse the Website. In particular, you may not use the Website in a manner that is likely to impede or disrupt access to the Website, damage the Website, or otherwise interfere with the Website. You may not use the Website for fraudulent or unlawful purposes.

1.3 We reserve the right to expand, restrict or change the functionality, appearance, and content of the Website at any time.

2 Conclusion of contracts, data transfers

3.1 Contracts for licensing stock media offered on this Website are concluded with us. You may choose between different license types. The scope of the rights of use granted can be found in our license conditions.

3.2 By using the "Download" button on the media content, you offer us the conclusion of a contract for the licensing of media content, which we accept by providing such media content as a download.

3.3 When using our Website and licensing stock media, we collect and process personal data. The details of this can be found in our privacy policy.

3 Right of Withdrawal (for consumers)

As a consumer, you have the right to cancel this contract or any contract included on the Website within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the products.

To exercise your right of cancellation, you can inform us by mail or in text form via E-Mail of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). For this purpose, you can use the model withdrawal form, which is, however, not mandatory.

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.

Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that are not necessary for testing the quality, characteristics, and functioning of the goods.
Please note that the right of withdrawal expires in the case of a contract for the supply of digital content by download when the entrepreneur has started executing the contract with the consumer's consent and has confirmed his knowledge that his consent means that he loses his right of withdrawal when he starts executing the contract.

4 Information

The information on the media content offered (information on ownership, obtaining third-party rights) as well as the media content itself is provided by the respective media author or our suppliers and checked by us to the best of our knowledge. The factual or technical correctness of the data is not assured.

5 Services and Apps accessible through the Website

5.1 Services and Apps accessible through the Website may only be used for lawful purposes. In particular, the services and apps may not be used in connection with content or in order to create content that:
• creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, and disfigurement;
• creates a risk of any other loss or damage to person or property;
• seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
• may constitute or contribute to a crime;
• contains any information or content that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable under law;
• contains information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
• contains any information or content that you do not have a right to make available.

5.2 The Services and Apps accessible through the Website must not be used in connection with content that infringes the rights of any third party, including any intellectual property rights or privacy rights.

6 Trademarks and industrial property rights

6.1 The data and databases, search results, media contents, graphics, texts, software, and scripts as well as other materials that can be accessed on this Website and are protected as trademarks, under copyright or industrial property rights are subject to our property or the property of. Use is only permitted with our consent or within the permissions granted by applicable law.

6.2 We do not permit the integration - even of parts - of this Website by way of framing into third-party sites; we further do not permit the use of databases or the Website by bots, crawlers, and by way of scraping.

6.3 Trademarks and industrial property rights displayed on this Website remain the property of the third parties concerned. We do not grant licenses to these trademarks and industrial property rights, nor are we authorized to do so.

7 Term and Termination

7.1 The contract for the use of the Website is made for an indefinite period.

7.2 The contract can be terminated at any time without giving reasons. Rights of use to media content acquired before termination of the contract survive such termination.

8 Availability

We make every effort to ensure the permanent availability of the Website. However, your access to the Website may occasionally be impaired or interrupted for technical reasons or for the purpose of expanding the functionality, maintenance, and servicing of the Website.

9 Liability

9.1 We shall be liable, irrespective of the legal grounds, only in the event of intent or gross negligence, unless otherwise stipulated below. Compensation for the breach of essential contractual obligations shall be limited to the foreseeable damage typical for the contract. Essential contractual obligations, also so-called cardinal obligations in the sense of established case law, are obligations that make the proper execution of the contract possible in the first place and on the fulfillment of which you may therefore rely and trust.

9.2 The liability is not limited
• in case of injury to life, body or health;
• in the event of the assumption of a guarantee;
• in the event of a breach of material contractual obligations;
• in the event of mandatory liability under the Product Liability Act;
• in case of other mandatory liability.

9.3 If claims are asserted against us by third parties because you have not complied with the provisions of these GTC, the license terms, or other applicable laws, you shall indemnify us.

10 Amendment of these Terms of Use

10.1 We are entitled to change or amend these Terms of Use if you are not unreasonably disadvantaged thereby and insofar as this is necessary
• for legal reasons (such as changes in laws or supreme court rulings),
• for safety reasons, or
• when the functionality of the Website changes.

10.2 If we make changes, we will notify you of this with reasonable notice and inform you of the rights to which you are entitled. Unless you object to the changes before they are scheduled to take effect, they will become effective.

11 Final Provisions

11.1 Insofar as you are not a consumer, the law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

11.2 Should any provision of this contract be invalid, this shall not affect the validity of the remainder of the contract. This also applies to any loopholes in the contract.

12 EU online dispute resolution

12.1 The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers