General Terms and Conditions of Business and Use
BY USING THIS WEBSITE, ACTIVATING THE CHECKBOX AND/OR DOWNLOADING MATERIAL, YOU AGREE TO ALL CONDITIONS CONTAINED IN THIS AGREEMENT.
These general terms and conditions of use constitute a legal agreement between our customers and DocCheck Medical Services GmbH. This agreement applies to you and/or you and your employer, if using this website on behalf of your employer. Please read this agreement in its entirety before using this website or downloading any image. By checking the box that indicates your agreement to the following terms and conditions and by using this website (homepage and image database), you agree to be bound by the 'general terms and conditions of business and use' and of this agreement. If you do not agree, do not check (or uncheck now) the box indicating agreement, and discontinue using this website and die medicalpicture image database.
I. Image Database Terms of Use
II. General Terms and Conditions of Business
I. Image Database Terms of Use
Permitted Use of the Image Database
On this website, you have access to an image database that contains images with visible watermarks and images without visible watermarks. medicalpicture grants you exclusive authorisations as listed in the following to search, display and use images with watermarks. If you already have a medicalpicture user account, you have access to images without watermarks, for which you are granted exclusive authorisations as listed in the following. Copyrights or other proprietary notices located on the images, in the image captions or other materials on the website may not be removed. medicalpicture reserves the right to revoke your authorisation to display, download and use the images and the information available on the website at any time. You agree hereby to immediately discontinue using the images and information upon receipt of written notification from medicalpicture to do so. medicalpicture reserves all rights not expressly granted in this agreement. The use of software to automatically search this website and/or download images or related information is not permitted. medicalpicture can revoke all granted licenses without prior notification upon breach any of the conditions of this agreement or the applicable general terms of use, which concern the use of medicalpicture images. If a license is revoked, continued use of the images and the website is prohibited, and all images and related copies on digital data media must be deleted or the data media destroyed; if asked by medicalpicture to do so, all copies must be returned to medicalpicture, if applicable. medicalpicture is authorised at any time to restrict or revoke access to the website or the use of images and replace images without reason and at their own discretion. You agree to immediately cease use of the images upon request from medicalpicture.
Images
The term "images" is defined without limitation as all digital images, photos, graphics, animations, videos, illustrations and associated text information. This can include images with visible or digital watermarks and lower resolution or images with higher resolutions without watermarks.
Images with Watermarks
medicalpicture authorises you to search, display and use images with watermarks for layout and image selection for a time period of 30 days from the date of download (limited license). This authorisation is granted exclusively for the purposes of decision making for purchasing a license. Digital or visible watermarks may not be edited or removed. Images with watermarks may not be used for the publication of end products of any type in print or online. Images with watermarks may not be licensed or for publication or conveyed.
Images without Watermarks
The use of images without watermarks is subject to the corresponding applicable GTCs exclusively. Only authorised users have access to images without watermarks and are authorised to download images without watermarks. The use of images without watermarks is fee-based and requires licensing through medicalpicture.
Layout Images, Preview Images
DocCheck Medical Services GmbH permits the temporary use of certain electronic files from its products without cost (i.e. fee) if used for personal, non-commercial purposes only and in test or sample applications solely. These licenses are subject to the medicalpicture license regulations for layout images. Layout images can be used for closer inspection of a certain image or for creating a test presentation for your customers. Layout images are not licensed either internally or externally for use in actual projects.
medicalpicture Use Accounts, Registration
There is no cost to set up a user account after confirmed registration by medicalpicture GmbH and authorises the user to search the image database from medicalpicture GmbH without cost. Register for a user account to gain access to images without watermarks. You are required to provide truthful and correct information. You hereby agree to use the login and associated password provided you by medicalpicture to access the image database. You carry sole responsibility for keeping the login secure and confidential. Login information may not be conveyed to others and third parties are not permitted to use such to access the website. You agree to take all necessary measures to maintain the confidentiality of your login information and to instruct medicalpicture of any unauthorised access or any requirement to change or lock your login information. You are obligated to pay for any images downloaded before you have notified medicalpicture thereof by third parties that have used your login information to access the site, be it with or without your permission or knowledge. You hereby acknowledge that you in now way acquire authorisation on use, ownership or distribution through the use of the medicalpicture user account, website or associated services.
Licensing
All use of image material from medicalpicture GmbH is fee-based. Unless agreed otherwise, it is a fundamental condition of permission being granted to use medicalpicture's images, that they are used only once, and only for the agreed purpose. Electronic storage of image data, transmission of such data or any other form of reproduction is permitted only where it forms part of normal production processes and only for as long as the user is rightfully entitled to use them in accordance with these terms and conditions. Any publication of identical images in other media, e.g. on the Internet, CD-ROMs, etc., will be subject to payment of a separate fee. Unless any other agreement has been made, medicalpicture's prevailing price list shall apply as the basis for all charges. Usage fees are based on the type of use to which pictures are put, duration of use, size of print-run, time on screen, picture size, position and any fee surcharges. medicalpicture GmbH is to be advised of the purpose for which the pictures are to be used. All fees agreed apply to pictures being published only once and only for the purpose notified to medicalpicture. Any further or additional use is subject to payment of another fee. Users passing on pictures to third parties or using them in ways that they are not entitled to shall, without prejudice to any further claims for compensation that medicalpicture GmbH may pursue, become liable to pay a surcharge of not less than five times the amount of the initial usage fee. Exclusive rights or periods of exclusivity are subject to an additional charge of at least 100% of the basic fee. Express clearance from medicalpicture GmbH is required before any of the picture material is used for advertising purposes or for book or magazine covers.
Copyright
Users are required to add medicalpicture credit and copyright to all pictures published in any media. The right to name disclosure is expressly required in the EU and German copyrights (§ 13). If this note is omitted, a surcharge of 100% will become payable in addition to the basic fee due to be levied.
Children and Youth
Children and youth under the age of 18 are not permitted to use the medicalpicture website and image database without supervision. Children and youth are not permitted to set up a user account. If they use the medicalpicture website and image database and/or register on the site, they confirm that they are min. 18 years of age.
Restrictions
Images can be restricted in their use and application options. Possible restrictions are provided in the 'Special Instructions' column of the meta text in the image database. Such restrictions or blocks pertain to e.g. the time, type or industry of use. The opportunity to download an image does not authorise you to use the image. The use of images contrary to a restriction listed is prohibited. If you do not understand a restriction, you must contact medicalpicture before downloading or using an image. The assignment of licenses by medicalpicture does not mean that an image can be used in connection with other material. You are solely responsible for the use of images in combination with other materials and agree not to use any images in connection with sensitive topics without previous written approval from medicalpicture. Sensitive topics include without restriction content that represents the subject of an image in a negative light or that ridicules other persons, as well as content that refers to sexuality, drug abuse, physical or psychological abuse, alcohol, drugs, tobacco, AIDS, cancer or sever physical or psychological diseases or that belittle a person or product. The user bears the risks of use (e.g. injury of general personal rights or copyrights due to misrepresentative use contrary to the agreement).
Releases
The rights granted to you by medicalpicture include no licenses on persons, locations, property or topics represented in an image and copyrights, trademarks that can be subject to copyrights, moral rights, property rights or other rights of third parties. You should assume that there are no models or property releases, other releases or licenses in connection with the images, if not expressly indicated in the special instructions for the respective image or with separate letter from medicalpicture. medicalpicture makes no claim or gives no warranty to possess or license rights to persons, locations, property or topics represented in images. medicalpicture does not warrant rights including copyright, trademarks or right to publish on persons, locations, locations, property or topics represented in images. Additionally, medicalpicture makes no warranty as to the accuracy of the information included with the images. You are solely responsible for the decision whether your use of the image requires the approval of a third party or licensing for additional rights. You should not rely on the information prepared by medicalpicture alone. An image identified by "Model release" means that the person represented in the image has signed a statement that the reproduction of the image with the person is permitted notwithstanding the restrictions specified in this agreement (including it use in connection with sensitive topics). If medicalpicture has incorrectly indicated that an image has a model release, liability by medicalpicture is limited to the amount that you paid medicalpicture for the use of the image. If an image depicts a person and is used in such a way that the person appears to suggest the use or approval of a product or a service, you must clarify that the person depicted is a model and is only used for illustrative purposes. medicalpicture licenses are granted under the condition that you acquire all necessary rights, releases and approvals from third parties.
II. General Terms and Conditions of Business
Copyright and Trademark Rights
This website is owned and operated by medicalpicture GmbH. All of the content featured or displayed on this website, including, but not limited to, text, illustrations, graphics, photographs, images, videos, animations, is owned by medicalpicture, its licensors and authors.
All elements of the medicalpicture websites and image databases including (but no limited to) the general design and content are protected by corporate design, copyright, moral rights, trademark and other laws relating to intellectual property rights, European and international copyright laws. If not expressly stated in this or another agreement with medicalpicture, no element of this site or its content may be copied or transmitted in any way; if not expressly stipulated, this website, its content and all associated rights are the sole propriety of medicalpicture GmbH or its licensors. You agree to compensate medicalpicture GmbH, its image authors and licensors for losses, expenditures, costs or damages that result from a breach of the conditions of this agreement on your part or from unapproved use of the content and associated rights on your part.
MEDICALPICTURE, DOCKCHECK, PIXELBOXX are trademarks of medicalpicture GmbH, licensees or third-party suppliers of content and software and are registered or have been submitted as such internationally, throughout Europe or in some countries.
Disclaimer
THIS WEBSITE AND ITS CONTENT ARE PROVIDED 'AS IS' AND MEDICALPICTURE GMBH EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OF FITNESS FOR A PARTICULAR PURPOSE. MEDICALPICTURE ASSUMES NO LIABILITY FOR DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF THIS SITE INCLUDING (BUT NOT LIMITED TO) DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES. NO RESPONSIBILITY IS ASSUMED THAT THE FUNCTIONS REPRESENTED IN THIS WEBSET OR ITS MATERIAL IS ERROR FREE OR RELIABLE. YOU, AND NOT MEDICALPICTURE, ASSUME THE COMPLETE COSTS FOR THE MAINTENANCE, RESTORATION OR CORRECTION REQUIRED AS A RESULT OF YOUR USE OF THIS WEBSITE.
Except as specifically stated in these terms and conditions of use or elsewhere on this website, or as otherwise required by applicable law, neither medicalpicture GmbH nor its stuff will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the content whether or not we have been advised of the possibility of such damages.
medicalpicture GmbH makes a reasonable effort to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the content's accuracy, correctness or reliability.
There may be links from the medicalpicture website or image database to other websites. However, these websites are not controlled by medicalpicture GmbH and we assume no responsibility for the content of such websites or for losses that could result in connection with the use of these websites. You forgo any complaint against medicalpicture GmbH on the basis of links to other websites or the use of these websites. In addition, parties other than medicalpicture GmbH offer services on these websites. medicalpicture GmbH does not check the offerings or services of these third-party providers, makes no guarantees as to the validity of such and assumes no liability for their actions, products, services or content.
Applicable Laws and Jurisdiction
This agreement is interpreted, designed and fulfilled in accordance with the legislation of the Federal Republic of Germany and the European Union. Cologne in North Rhine-Westphalia, Germany, shall be the place of execution and jurisdiction for any disputes that may arise in connection with this agreement. The users of this website are in agreement that the use of this website or the ordering of support services from this website is binding. Regardless of the proceeding, medicalpicture GmbH is authorised to initiate or transfer legal measures with other responsible Courts of Justice in Germany or the EU to receive legal assistance or other support in the case that such measures are deemed necessary or desirable by medicalpicture GmbH.
Compensation
You indemnify medicalpicture GmbH against any claims, liabilities, damages, costs and losses including all justifiable right fees and costs that result in connection with a breach of the agreement, the use of images and the website either alone or in combination with other materials.
Copyright Infringement
medicalpicture reserves the right to delete the accounts of users or image authors who infringe upon the intellectual property of others. If you believe that you material has been used or copied in such a way as to infringe upon the copyright and the material in modified form is to be found on the medicalpicture website, please contact us at medicalpicture GmbH.
No Waiver
No measure from medicalpicture GmbH not expressly issued as a waiver or correction in written form may be interpreted as a waiver or correction of one of these conditions for use. Should any one of the provisions of these be unenforceable, this shall not affect the validity of the remaining provisions.
medicalpicture GmbH reserves the right to change these General Terms and Conditions of Business and Use in terms of fees, information and available contractual licensing conditions without prior notification. These conditions constitute the entire contractual agreement between medicalpicture GmbH and you in terms of the use of this website and image database.
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