Standard Terms and Conditions – STC – Copyright Camunity’s Photography by Franco Polo
All Deliveries, Services and Offers by FRANCO POLO (Camunity’s Photography) with Adress: Schulackerstrasse 2B, 8523 Hagenbuch, Switzerland (following: Photographer) are made exclusively under the directive of this STC.
This condition are explicitely likewise effective for Photos handed out without charge.
Divergend Conditions of the Recipient (following: Consumer), not explicitely accepted in written form by the Photographer, are nonbinding.
This STC are approved by receipt of a Deliverie, a Service or an Offer by the Consumer, at the latest by receipt of the photographic Material.
Objection to this STC have to be raised in written form within three Weekdays.
2. Copy- and Exploitations right
2.1 The Photographer basically retains the nonconstraining Copy- and Exploitation Rights, independently of the concluded Contract.
2.2 By Delivery the devolved Exploitation Right includes the one-time utilisation to the intended purpose or the publication declared in advance by the Consumer.
2.3 Every utilisation, exploitation, duplication, distribution or publication not covered by paragraph 2.2 is subject to royalty and requires the previous explicite approval by the Photographer.
2.4 The Consumer is not authorised to devolve the assigned Exploitation Rights partially or completely to a third Party.
Any Utilisation,or Distribution of the Photographic Material is subject to the application of a Copyright Comment predefined by the Photographer with doubtless correlation to the Photo.
2.5 Without further Arrangement the Photographer may ask to be named as owner oft he Copyright.
A violation of the right to be named is subject to indemnity.
3. Limitation of Liability
Claim for Damages resulting secondary contractual obligations are excluded, unless caused by wantonly negligent behaviour, the violation of fundamental contractual obligations or the physical injury of a person.
Consumer personal data relating to business may be stored.
The Photographer is committed to handle Informations strictly confidentially.
5. Place of Fulfillment, Jurisdiction, Choice of Law
Place of fulfillment and Jurisdiction is the Photographers domicile. Contractual relationship is subject to Swiss Law.
EU Convention on Contracts for the International sale of Goods is excluded.
6. Severability Clause
If a single Clause of this STC should be invalid this does not affect the validity of the remaining Clauses.
Hagenbuch, March 26. 2017