Terms of Use
RESPONSIBILITY
Fotografiska Berlin GmbH, Berlin (hereinafter also: we/us) is responsible for the Internet pages (hereinafter also: website / Internet portal) of Fotografiska Berlin under the domain “fotografiska.com”.
The use of the Internet pages of Fotografiska Berlin takes place within the framework of these terms of use, insofar as legal regulations do not apply. In individual, access-protected areas or if we have agreed on such with you (or with a third party for whom you are acting) in individual cases, supplementary or special conditions may apply that take precedence over these terms of use. You accept them if and as long as you use our website. If you do not (or no longer) agree with these conditions, you may not (or no longer) use our website.
The mere use of our website does not create any – however designated – contract, employment or employment relationship between you and Fotografiska Berlin.
SERVICES
Fotografiska Berlin provides information and/or documents (hereinafter also referred to as: contents) on its Internet pages, which you can call up or download. Unless a cost obligation is expressly indicated for individual offers, we offer our service free of charge (you bear only your own connection charges and the costs for the (own) access means used).
Registration, Login:
Some areas of our website may only be accessible and password protected after registration. There is no claim to registration (to get access to these areas) against Fotografiska Berlin.
Fotografiska Berlin may at any time protect parts of its Internet pages that were previously freely accessible by means of a registration (login).
Fotografiska Berlin is entitled to revoke an access authorization granted to you at any time and with immediate effect without having to give reasons, in particular if you
- (have) violated the agreed terms of use,
- have violated your duty of care in handling the access data,
- act / have acted with harmful / fraudulent intent or
- have not used the access-protected area for an extended period of time.
In connection with the registration, supplementary terms and conditions are agreed between Fotografiska Berlin and you, which will be referred to separately in the registration process.
DATA PROTECTION, DATA SHARING
You can read which data we collect, process and store and how we protect it in our data protection declaration (https://www.fotografiska.com/berlin/privacy-policy/). The use of our website, including contacting us, is generally permitted anonymously or under a pseudonym.
USE, RIGHTS OF USE
Rights of use:
Unless otherwise agreed in individual cases, Fotografiska Berlin grants you a non-exclusive and non-transferable right to use the contents of this website exclusively for your own purposes.
The content may not be distributed, rented or otherwise made available to third parties at any time without our express consent. You may not edit, translate or extract parts of documents provided if you do not (or no longer) have our consent to do so or are not entitled to do so by law (e.g. right to quote).
Intellectual property:
Regardless of the aforementioned provisions in this chapter of this document, information, brand names and other content from our Internet pages to which you do not own any rights may not be modified, copied, reproduced, sold, rented, used, supplemented or otherwise exploited in any other way without the prior written consent of the rights holder.
Outside of the rights of use expressly granted above, no further rights of any kind whatsoever, in particular to the company name and industrial property rights (patents, utility models, trademarks, etc.), are granted to you, nor is Fotografiska Berlin obligated to grant you any such rights as a result of the use.
LIABILITY AND WARRANTY
The availability of the website is only guaranteed within the scope of the technical circumstances. Temporary failures of the service cannot be excluded and do not justify any claims against Fotografiska Berlin.
Services that are not subject to a special contractual relationship (which includes the operation of this website itself) may be discontinued at any time without notice.
Please note that data transmission on the Internet (e.g. communication by e-mail) has security gaps and cannot be completely protected against access by third parties. In case of doubt, choose the postal route.
Liability for contents:
The contents of our pages were and are carefully created and regularly updated. However, we assume no liability for the accuracy, completeness and timeliness of the content. We are responsible for our own content in accordance with general laws. We are not obliged to monitor third-party content on our pages – in particular guest contributions or comments – or to investigate circumstances that indicate illegal activity (§ 8 – § 10 TMG). We will remove content immediately as soon as we become aware of a concrete violation of the law that justifies removal.
The use of the contents of our website is at your own risk; the information provided is for non-binding general information purposes only and is intended to prepare your actions in a more informed manner, if necessary, but is not a substitute for detailed individual advice for a (contractual) decision.
Therefore, please do not rely on the accuracy, completeness or timeliness of the information if its incorrectness could result in harm to you!
Liability for links:
This Fotografiska Berlin website may contain links to third-party websites (external links). Such websites are the responsibility of their respective operators.
Fotografiska Berlin would like to make interesting information and useful, but occasionally also critical, things accessible to you by means of external links. Sometimes a link serves only as a (prescribed) reference to a source and can therefore not simply be omitted. The setting of external links therefore does not mean that Fotografiska Berlin adopts the content behind the reference or link as its own, especially since the external content is (or can be) subject to permanent change.
Fotografiska Berlin has established an internal process that ensures that when external content is linked for the first time, it is checked within the usual framework to determine whether any legal violations exist. If at this point in time a legal violation is apparent, this link will be marked by a special display (award) – provided that the external link is then set at all (e.g. because we are obliged to do so). However, Fotografiska Berlin has no influence on the current and future design and content of the linked external pages!
Help us to make the Internet as free as possible from legal violations: If you discover one on a page to which we have set an external link, please send us an e-mail or contact us. We assure you to check links to such content again immediately and to remove them if necessary.
Other liability, liability for malware (viruses):
The liability of Fotografiska Berlin for material defects and defects of title shall be governed by the aforementioned provisions of these terms of use; moreover, Fotografiska Berlin excludes its liability for services, in particular for the downloading of files made available by Fotografiska Berlin on the Internet pages mentioned here for slightly negligent breaches of duty, provided that these do not concern essential contractual obligations or life, health or body or affect claims under the Product Liability Act, claims due to the assumption of a guarantee of quality or claims due to fraudulent concealment of a defect. However, compensation for damages due to negligent breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract. The same applies to breaches of duty by our vicarious agents.
Fotografiska Berlin constantly strives to keep the website and its contents free of malware (viruses). Nevertheless, Fotografiska Berlin cannot guarantee that the website and/or its contents are always free of viruses. Therefore, for your own protection, always ensure that you have adequate and updated security precautions and virus scanners before downloading and opening any content from the Fotografiska Berlin website!
The above provisions do not change the burden of proof to your disadvantage.
COPYRIGHT, ANCILLARY COPYRIGHT AND IMAGE RIGHTS
Copyrights and ancillary copyrights:
The content published on the website fotografiska.com – which includes images – is subject to copyright and ancillary copyright. Any use outside the limits of applicable copyright law requires the prior written consent of Fotografiska Berlin or rights holders (authors).
This applies in particular to duplication, editing, translation, storage, utilization, processing or reproduction of content in databases or other electronic media and systems.
The unauthorized reproduction or distribution of individual content or complete pages is not permitted and may even be punishable by law. The display of this website in external frames is only permitted with the written permission of Fotografiska Berlin.
Third party content is marked as such, their copyrights are respected. If you discover content on one of our pages that you believe infringes your (or third party) rights, please send us an e-mail or contact us. We assure you an immediate clarification.
Right to one’s own image in the case of images of persons:
The persons depicted on the web pages of Fotografiska Berlin have consented to the publication of the image on our web pages.
If, despite careful control of the content, an image has been published that you believe violates this principle or if you wish the removal of the published photo (permissible revocation of consent), you can notify Fotografiska Berlin in writing (simply by e-mail or fax ). Please describe the image as accurately as possible and indicate on which page it is located.
Fotografiska Berlin will immediately remove the image(s) from the affected Fotografiska Berlin websites and will not use them in the future if the publication violates the aforementioned.
Miscellaneous, collateral agreements, applicable law:
Fotografiska Berlin accepts no responsibility for the fact that information and/or documents from the Fotografiska Berlin website may be accessed or downloaded in locations outside Germany. The content is not intended for persons domiciled in the USA. Persons domiciled in other countries should note any applicable (sales) restrictions for the relevant products and/or services. If you are not permitted to access our website under the legal system applicable to you, you may not access it.
ALL ANCILLARY AGREEMENTS MUST BE MADE IN WRITING.
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law shall only apply insofar as it is not opposed by mandatory legal provisions of the state in which the consumer has his habitual residence.
Status: 2023