1. General

1.1 The website www.kunturi.ch (“KUNTURI”) operates a portal for online sales of image licenses for digitized image material.

1.2 The terms and conditions apply to every use of the KUNTURI website; in particular, they are deemed to have been agreed upon with the registration of the customer and the photographer. The terms and conditions apply in the context of an ongoing business relationship and for all future offers, services, orders, contracts and deliveries, even if they are not expressly referred to again. They also apply if the offer is accessed or used from outside Germany. In addition to the terms and conditions, the agency contract for photographers applies between the photographer and KUNTURI.

1.3 All offers, deliveries and the granting of usage rights are subject to confirmation and not exclusive to the following terms and conditions. The pricing is incumbent on KUNTURI and is based on the currently valid price lists.

1.4 Deviating regulations must be agreed in writing; conflicting terms and conditions of the contractual partner shall only apply with the express written approval of KUNTURI.

2. Subject matter of the Contract

2.1 KUNTURI offers online the transfer of rights of use to image material for a fee within the meaning of these terms and conditions; there is no transfer of ownership rights to the recordings.

2.2 Image material is copyrighted image material that is made available by the author (photographer) for further licensing in accordance with point 4 of these terms and conditions.

3. Online Images Service

3.1 KUNTURI enables customers to access the online database www.kunturi.ch. Customers can use the database to research photos online in the image database stored there and download them as preview images or as licensed high-resolution data.

3.2 The customer must register with KUNTURI before concluding his first contract. He is given a username and password, which must be treated confidentially. Should the access data be misused due to the culpable behavior of the customer, the customer is liable for the resulting damage.

3.3 Neither photographers nor customers are entitled to constant access to the KUNTURI database. KUNTURI is free at any time to switch off the server temporarily or permanently, as well as to change, delete or add to the content stored there.

4. Licenses

4.1 The image material is made available to KUNTURI by various photographers for marketing. The image material is protected by copyright. Property rights and copyrights are not transferred. This also applies in the event of payment of damages and / or other costs and fees.

4.2 Upon payment of the license fee, the customer acquires the non-exclusive, worldwide, non-transferable and non-sublicensing right to use the selected image material for private purposes. Any further use and in particular publication requires the express written consent of KUNTURI.

4.3 Private use includes publication on:
– Own website
– Own Facebook account
– Club website

4.4 Additional usage to be agreed:
Editorial use only after direct agreement between the customer and the photographer. The contact is mediated by KUNTURI. The photographer decides on the granting of rights.

Commercial use by the customer also only after direct agreement with the photographer
4.5 The standard license expressly does not authorize the use of the image material for the production and reproduction of goods of any kind that are intended for resale (merchandising articles, T-shirts, etc.) or for use in connection with press releases.

4.6 Image processing
The customer is not entitled to reproduce or edit the image material for his own purposes.

5. Thumbnails

5.1 The preview images may only be used for viewing.

5.2 Any use on any other website, a server with free internet access, a company’s intranet or any storage medium is prohibited. A contractual penalty is payable for each violation, the amount of which is determined by MFS and the appropriateness of which can be checked by the competent court.

6. Restrictions on Use

Uses that could lead to a violation of the personal rights of the persons depicted, the photographer or other third parties are not permitted

7. License Fee

7.1 The license prices and fees published on www.kunturi.ch apply. The prices are always in Swiss Francs (SFR or CHF).

7.2 The rights of use are granted with the transfer of the fine data of the image material and is subject to the condition precedent that the license fee is paid in full.

7.3 The license fee is due for payment upon completion of the ordering process. Payment can only be made via PayPal or in advance by bank transfer. Payments by invoice are only possible after express confirmation by KUNTURI.

7.4 In the case of a return debit, KUNTURI will invoice the customer for the costs incurred, but at least CHF 10.00, provided that the customer is responsible for the reasons for the return debit.

8. Limitations of Liability and Compensation for Damages

8.1 The customer is obliged to indemnify KUNTURI from all third-party claims for damages and liability that arise due to a use of the image material for which he is responsible and which deviates from the above agreements.

8.2 KUNTURI assumes no liability for any permissions that may be required or to be obtained when using the image material provided by the photographer. This applies in particular to images of people, works of art or architecture as well as other images that affect names, companies, brands, registered designs or other third-party property rights. The customer is solely responsible for obtaining the necessary permits for the respective use of the image material.

8.3 KUNTURI does not accept any liability for the availability of the online system and its own or third-party content contained therein. Furthermore, KUNTURI is not liable for technical malfunctions, the causes of which are not within KUNTURI’s area of responsibility, or for damage caused by force majeure.

8.4 KUNTURI is only liable for damages based on willful or grossly negligent breach of duty. This also applies to the fault of a vicarious agent or legal representative. Liability for damage to life and limb is excluded.

9. Property Rights

9.1 The image database that can be accessed on the www.kunturi.ch website is protected by copyright as a whole. The content of the site as well as all images and texts that are exhibited and / or offered for sale are either the property of KUNTURI or its photographers.

9.2 Neither the entire website nor parts of it may be copied, saved, distributed, transmitted, transmitted or used in any other way without express permission.

10. Complaints

Complaints regarding the electronically transmitted image material can only be recognized if they are asserted in writing immediately after the download, unless it is a hidden defect that was not recognizable when looking through the image material after the download. In this case, the statutory right of withdrawal applies for consumers with a period of four weeks, for entrepreneurs within the meaning of the German Commercial Code (HGB) a right of withdrawal within seven days.

11. Duration & Termination

KUNTURI is entitled at any time to terminate the license to use the image material for an important reason. An important reason exists in particular if the customer violates the license conditions defined in § 4 or fails to meet his obligation to pay the license fee despite a reminder with a grace period. In this case, the customer is obliged to stop using the image material immediately and to completely delete the digital image material provided to him or to destroy any data carriers that have been created.

12. Severability Clause

The invalidity or ineffectiveness of individual provisions does not affect the validity of the remaining provisions. The ineffective provision is to be replaced by an effective provision that comes as close as possible to what the contracting parties want economically.

© KUNTURI, Zurich, Switzerland, version: August 2021