Terms of Service

I. General

1. The following terms and conditions apply to all orders placed with 360RECORDS. They are deemed to have been agreed if they are not contradicted immediately.

2. "Photographs" within the meaning of these terms and conditions are all products manufactured by 360RECORDS, regardless of the form or medium in which they were created or are available (negatives, slide positives, paper images, still videos, electronic

still images in digital form, videos, etc.).

II. Copyright

1. 360RECORDS owns the copyright to the photographs in accordance with copyright law.

2. The photographs produced by 360RECORDS are basically only intended for the client's own use.

3. The transfer of usage rights requires a separate agreement and payment.

4. The rights of use are only transferred to 360RECORDS after full payment of the fee.

5. The person ordering a photograph has no right to reproduce or distribute the photograph without the consent of 360RECORDS. Section 60 of the Copyright Act is expressly waived.

6. When using the photographs, 360RECORDS can demand that the author be named. A violation of the right to be named entitles 360RECORDS to claim damages. Without proof of a higher damage, the compensation amounts to 50% of the fee. The right to claim higher damages with proof remains unaffected.

7. 360RECORDS is entitled to use images ordered from it for its own advertising purposes. The customer gives his consent in accordance with § 22 KUG.  

8. For all manual photographic work, the tools and aids required to take the pictures (such as contact copies, negatives and intermediate products) remain the property of 360RECORDS. A transfer to the customer takes place only against separate payment.

III. compensation

1. A fee will be charged for the production of the photographs as an hourly rate, daily rate or agreed flat rate plus the applicable statutory value added tax; Additional costs (travel expenses, model fees,

Expenses, props, laboratory and material costs, studio rentals, etc.) are to be borne by the customer.

2. Invoices are payable within 14 days without deduction.

3. The supplied photographs remain the property of 360RECORDS until the purchase price has been paid in full.

IV. Liability

1. 360RECORDS undertakes to carry out the order with the greatest possible care, in particular to treat with care the recording objects, templates, films, displays and layouts provided to it. He is liable for

damage incurred only in the event of intent or gross negligence. Compensation for damages exceeding the material value is excluded.

2. 360RECORDS undertakes to carefully store negatives. Unless otherwise agreed in writing, he is entitled to destroy negatives after 2 years. For damage and destruction of the negatives

it is only liable in the case of intent and gross negligence up to the material value.

3. 360RECORDS undertakes to carefully select and guide its vicarious agents. In addition, he is not liable for his vicarious agents.

4. 360RECORDS is only liable for the lightfastness and durability of the photographs within the framework of the guarantee provided by the manufacturer of the photographic material. He is not liable for damage caused by improper handling of the photographs.

5. 360RECORDS is entitled to commission third-party laboratories. He is only liable for his own fault and only for intentional or grossly negligent behavior. Compensation for damages exceeding the material value

is excluded.

6. Retouching and laminating work is carried out exclusively at the expense and risk of the customer.

7. Films, photographs and templates are sent at the expense and risk of the client.

8. Complaints of any kind must be made in writing to 360RECORDS within 6 days. Thereafter, the photographs are deemed to be accepted without defects.

V. Ancillary Obligations

1. The client assures that he has the right to duplicate or reproduce all templates handed over to 360RECORDS. Claims for compensation by third parties based on the breach of this obligation shall be borne by the

client.

2. The client undertakes to make the objects to be recorded available in good time and to collect them again immediately after the recording. If the client does not fetch the objects to be photographed when requested

after 2 working days at the latest, 360RECORDS is entitled to charge storage costs if necessary or, if its studio rooms are blocked, to outsource the items at the expense of the client.

3. The client undertakes to insure the objects to be recorded against damage, loss, theft, etc.

VI. Performance disruptions, cancellation fee

1. If the client has not given 360RECORDS any explicit instructions regarding the design of the photographs, complaints regarding the image design and the artistic-technical design are excluded. If the client wishes changes during or after the recording production, he has to bear the additional costs. 360RECORDS retains the right to remuneration for work that has already begun.

2. If 360RECORDS gives the customer several photographs to choose from, the customer must return the unselected photographs within one week at his own expense and risk. For loss or

In the event of damage, 360RECORDS can demand compensation up to the amount of its fee and the costs incurred.

3. If an order is not executed through no fault of 360RECORDS, it is entitled to a cancellation fee of 50% of the agreed fee.

4. If the execution of the order is delayed for reasons for which the client is responsible or as a result of force majeure or weather conditions, 360RECORDS can demand a reasonable increase in the fee. In the event of intent or gross negligence on the part of the client, he can also assert claims for damages.

VII. Data protection

The customer's personal data required for business transactions can be stored. 360RECORDS undertakes to treat confidentially all information that has become known to it within the framework of the order.

VIII. Final Provisions

1. The place of performance and place of jurisdiction for all disputes is the place of business of 360RECORDS.

2. The ineffectiveness of one of the above conditions does not affect the validity of the remaining provisions