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Registered site owner: Die ILLUSTRATOREN corinna hein GmbH, Hamburg.
Responsible for the contents following § 6 MDStV is Frau Corinna Hein.
Die ILLUSTRATOREN corinna hein GmbH
Güntherstraße 51
22087 Hamburg
Germany
T +49 (0)40 250 40 50
F +49 (0)40 250 40 58
kontakt@illustratoren.de
www.illustratoren.de
Ust-IDNr.: DE 205179432
Commercial Register: Amtsgericht Hamburg HRB 74594
Concept and Design:
Fargo
Programming:
lanticmedia
Copyright © Die ILLUSTRATOREN corinna hein GmbH and /or the respective copyright holders. All righs reserved. Contents, images, animations and structure of this website are copyrighted. Unless otherwise agreed the copying, downloading and duplicating of the contents, images, animations or any elements of the structure as well as the distribution and publication is not allowed without the explicit permission of Die ILLUSTRATOREN corinna hein GmbH. Unauthorized use is an infringement of copyright. To save the legal rights of the artists is upmost imortant to us.
Die ILLUSTRATOREN corinna hein GmbH expressly works in the name and by order of the respective artist. For any legitimacy of the works by means of media-, copyright or competitional law shall only be liable the respective illustrator and not the agency.
TERMS OF USE AND PRIVACY
Welcome! By accessing or using this Website you agree to the following Terms of Use and Privacy. If you do not accept the Terms of Use and Privacy, you are not entitled to use this Website.
1. GENERAL
All offers are subject to confirmation and not binding. Die ILLUSTRATOREN corinna Hein GmbH reserves the right to amend, limit, delete the content, images, information, Terms of Use and Privacy or in each case parts of it or to stop the operation of the Website without prior notice at any time.
2. OWNERSHIP, COPYRIGHT AND TRADEMARKS
This Website is owned and operated by Die ILLUSTRATOREN corinna Hein GmbH. The whole content of this Website, including all data, texts, images, illustrations, graphics, software, programming or other elements (hereinafter: „the Content“) is owned by Die ILLUSTRATOREN corinna Hein GmbH, the image provider or our contractual partner. The Content is protected by property rights, copyright and trademarks, if applicable, even though this may not be expressly stated. Any violation of these rights is indictable. By using the Website and its Content you do not obtain a right with regard to the Website or its Content. Any reproduction, amendment or use of the Content is prohibited. Exemptions are subject to an expressive written approval by Die ILLUSTRATOREN corinna Hein GmbH.
3. NO WARRANTY
This Website and its Content are provided “as is” with no warranty, whatsoever. Die ILLUSTRATOREN corinna Hein GmbH, their image provider and contractual partner expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties regarding the timeliness, correctness, completeness, merchantability, fitness for a particular purpose and/or quality of the provided material and information. Die ILLUSTRATOREN corinna Hein GmbH, their image provider and contractual partner expressly disclaim any warranties for information or advice provided by third parties or on third parties´ websites. The content of this Website is not to be deemed as a warranty, whatsoever.
4. LIMITATION OF LIABILITY
You are using this Website on your own risk. Under no circumstances shall Die ILLUSTRATOREN corinna Hein GmbH, its representatives, employees, servants, image provider or contractual partner be liable to any user for any direct, incidental, consequential indirect or punitive damage, arising, without limitation, out of access or use, inability to access and/or use of defective or incomplete material or information, whatsoever. You have to bear all damages, direct, indirect or consequential costs occured through the use of the Website, and not Die ILLUSTRATOREN corinna Hein GmbH.
Without limiting the foregoing, under no circumstances shall Die ILLUSTRATOREN corinna Hein GmbH or its representatives, employees, servants, image provider or contractual partner be liable for the Content of this Website and that it is free of any failures, omissions, errors and/or viruses nor for the correctness and legality of the Content and/or the granted licenses of Die ILLUSTRATOREN corinna Hein GmbH, its image providers and contractual partners.
5. LINKS
This Website might contain direct or indirect links to other websites (hereinafter: „Links“). Die ILLUSTRATOREN corinna Hein GmbH is not responsible for information displayed on websites, which can be reached through these links. Die ILLUSTRATOREN corinna Hein GmbH is not liable for any content on third parties´ websites, whatsoever. The implementation of links of third parties´ websites does not indicate any approval of the content of such sites nor any relationship to their operators.
6. PRIVACY
We respect the right of our customers to determine the handling of their personal data. In the following you are advised about the record and use of your personal data on the Websites of Die ILLUSTRATOREN corinna Hein GmbH.
We expressly advise, that we collect, process and record personal data according to the German Federal Data Protection Act. The data will be kept confidential by Die ILLUSTRATOREN corinna Hein GmbH, its image provider, contractual partner and collection agencies as far as it is necessary for the fulfilment of the contract.
If you affirmed when signing up, we are allowed to keep you informed about special offers, services, products and general information.
In the case of a merger, bankruptcy, purchase or sale of the company or parts of it, the customer`s data may be transferred as part of the assets of Die ILLUSTRATOREN corinna Hein GmbH.
If legally or judicially required, we are entitled to forward your personal data to the best of one`s knowledge. We reserve our right to disclose customer`s personal data in a lawsuit in order to protect claims or rights with regard to the property or the security of Die ILLUSTRATOREN corinna Hein GmbH, our representatives, employees, servants, image provider, contractual partner, customer or the public.
You are free to recall in writing your approval to collect, process and record your personal data for the future at any time.
We reserve our right to amend these terms of privacy without prior notice at any time.
7. COOKIES
When using the Websites of Die ILLUSTRATOREN corinna Hein GmbH, we send one or more cookies, a small file containing a string of characters, to your computer, that uniquely identifies your browser. A cookie contains information about date and time of the use of our Website as well as data about your searches in order to improve the quality of our services and access to stored data. If your computer refuses the storage of cookies of if you delete our cookies, however, these advantages are not available.
8. MISCELLANEOUS
8.1 GOVERNING LAW AND JURISDICTION
As far as legally possible, the Terms of Use and Privacy and the use of the Website shall be governed by, construed and enforced in accordance with the laws of Germany. If not otherwise agreed upon and as far as legally possible, any action you, any third party or Die ILLUSTRATOREN corinna Hein GmbH brings to enforce these Terms of Use and Privacy or in connection with any matters related to this Site shall be brought only before the Courts located in Hamburg, Germany, and you expressly consent to the jurisdiction of the said Courts.
8.2 ILLEGAL ADVERTISMENT
Any use of our data contained in the impressum or similar information, like, without limitation, contact data, address, phone and fax numbers, e-mail-address etc., may not be used for any unauthorized advertisement and/or mailing, whatsoever. We reserve our rights to take legal actions against the sender of spam- or junkmail.
8.3. SEVERABILITY
If any provision of these Terms of Use and Privacy shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and Privacy and shall not affect the validity and enforceability of any remaining provisions. The ineffective provision has to be replaced by another regulation with a preferably same tenor.
STANDARD BUSINESS CONDITIONS
1. GENERAL
On order the Client accepts the effective Standard Business Conditions, also for any subsequent contracts. Dissenting Client`s standard terms, even in letters of confirmation, are rejected herewith. Subject matter of the contract is the creation and delivery of illustrations (hereinafter: „the Work) for the agreed purpose. We expressly advise, that we, as the representative of the Illustrator, are not party of the contract between the Client and the Illustrator. All statements, including the following provisions, are in the name and on behalf of the Illustrator, unless otherwise expressly indicated.
2. OFFERS, FEES, PAYMENTS, DEFICIENCY FEE
All offers are subject to confirmation. Prices are quoted plus valid VAT. Payments are due without any deductions on the date of the invoice. The fees are not including social security duties for self-employed artists, which have to be paid separately by the Client. Additional costs or expenditure through an extension or a postponement of the initial job and/or through supplementary differing requests, delayed supply of material, failures in laboratories etc. increase the fee accordingly. The Client bears all ancillary costs (e.g. cost of materials, technical expenses, freight, travelling expenses and further costs). If a job is not conducted due to reasons, the Illustrator is not responsible for, he is entitled to a deficiency fee of 50% of the fee initially agreed upon, without proof of loss. If, however, a commenced job is not finished due to reasons, the Illustrator is not responsible for, the total fee agreed is due, without proof of loss. Without our prior written approval, the Client is not entitled to assign claims against the Illustrator or us to a third party. The Illustrator`s claims and our claims are subject to set-off only, if the Client`s counterclaim is undisputed or res judicata. A right of retention may be enforced only, as far as it is based on the same contractual relationship.
3. OWNERSHIP, COPYRIGHT, LICENCE, RESERVATION OF LICENCE
Ownership and all copyrights, whatsoever, with regard to the original of the Work remain with the Illustrator.
The Illustrator is the exclusive holder of all copyrights in the Work. The Client is entitled to licenses solely for the purpose agreed in the contract. Any further use of the Work requires an expressive written approval and will be reimbursed separately. Without expressive written approval of the Illustrator, the licenses or parts of them may not be assigned to third parties. The Client will not acquire ownership of the Work, unless a sales contract is agreed upon including an additional sales fee. Any duplication, reproduction, amendment, adaptation, public rendering, transformation for reproduction on other image carrier, record on other media etc. is subject to the expressive written approval of the Illustrator, unless it meets the licence agreed in the contract and its purpose.
All rights, which are to be transferred according to the contract, remain with the Illustrator as long as the entire fees and expenses are not paid. Any prior use or transfer of the Work is strictly forbidden. For the case of a prior undue transfer, the Client hereby assigns its rights against third parties to the Illustrator, who accepts the assignment. In the case of an illegal use, transfer and/or any other breach of the contract, whatsoever, the Client owes twice the agreed fees and expenses, notwithstanding further damages.
4. EXEMPLAR, HOUSE ADVERTISING, ILLUSTRATOR´S TITLE
The Client will send at least 3 exemplars of every publication to the Illustrator unsolicited and free of costs. The Illustrator is entitled to use the Work, slides or reprints of it for house advertising, i.e. to publish the Work for house advertising and to present it as a sample, unless the Client rejected this right prior to thethe conclusion of the contract in writing for a specific period of time, providing evidence for an according legitimate interest. In the case of an editorial use of the Work, the Illustrator has to be mentioned.
5. TRANSPORT, PASSING OF RISK
On transfer of the Work to the carrier, the risk of accidental loss, destruction or deterioration passes to the Client. This applies also, if the Illustrator himself delivers the Work. The Illustrator will effect a transport insurance at Client´s cost only, if expressly desired. The mode and route of transport is at the Illustrator`s own discretion, without any liability for the fastest and cheapest mode of transport, unless otherwise agreed.
6. EXAMINATION, COMPLAINTS, WARRANTIES, STATUTE OF LIMITATIONS
The Illustrator is obliged to create the Work according to his style taking into account the requirements, layout and details provided by the Client. Complaints to be made in writing immediately after receiving the Work. After expiration of 3 working days the Work is deemed to be approved as required by the contract and any liability is excluded. The limitation period is 1 year and runs from delivery, unless the Client is a private citizen. In the case of a proven failure, the Illustrator at his choice improves the Work or creates a new Work. In doing so, the Client has to grant the Illustrator the opportunity and time required. Otherwise the Illustrator is free of any liability. Only if the improvement or the new creation of the Work has not been done in appropriate time or failed definitely (usually after the second try) at the Illustrator`s fault, the Client is entitled to cancel the contract within the legal provisions, to claim for reduction of the price or for damages or expenses. In the latter case, the liability is limited as stated below. Any warranty or liability is excluded, once the Client or a third party modifies the Work, whatsoever.
7. RETURN OF THE ORIGINALS
The Client is obliged to return the originals of the Work at his risk and costs immediately after its use. Otherwise the Illustrator is entitled to a loss charge. This loss charge amounts to the fee agreed upon for every original, at least EUR 1,000.00, notwithstanding further damages.
8. LIMITATION OF LIABILITY
The Illustrator, we, our representatives, employees and servants are liable for gross negligence and intentional breach only, unless in the case of substantial breach of a material contractual obligation or in the case of damage claims arising from a breach of warranty. The Illustrator, we, our representatives, employees and servants shall bear no liability for any loss of profit, failed reduction of costs, indirect damages and/or consequential damages, whatsoever, except in the case of intentional breach of contractual obligations. Furthermore, the amount of liability of the Illustrator, us, our representatives, employees and servants is limited to the fee agreed upon the Client owes the Illustrator. Any possible liability concerning culpable harm to life, body or health remains unaffected of the foregoing.
9. PRIVACY
The Client is advised, that both the Illustrator and we collect, process and record personal data according to the German Federal Data Protection Act.
10. MISCELLANEOUS
These terms and all contractual relationships between the Client and the Illustrator as well as between the Client and us are subject to German law excluding CISG. Place of performance is Hamburg. As far as legally possible, the Courts of Hamburg, Germany, have exclusive jurisdiction for all matters between the Client and the Illustrator as well as between the Client and us. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the other terms and shall not affect the validity and enforceability of any remaining provisions. The ineffective provision has to be replaced by another regulation with a preferably same tenor.
Copyright © Die ILLUSTRATOREN corinna Hein GmbH, Hamburg 2011. All rights reserved.