Edition May 2022
1. general
1.1 The GTC apply to all offers and services of revent media / Michael Herrmann Photography as well as to all contractual relationships between revent media and the customers / orderers / subscribers ("contractual partners").
The GTC apply in particular to all data, texts, photos or videos (revent media content) that revent media or third party suppliers of revent media deliver, offer, sell or make available to the contractual partners electronically or physically (including databases and downloads). These GTC shall also apply to future business relations with the contractual partner.
1.2 revent media and the third party suppliers are entitled to make changes to the content and selection of the revent media content and to adapt the offer at any time without informing the contractual partners.
2. rights of use of revent media contents
2.1 revent media confirms that it possesses the rights of use under copyright law which are necessary for the contractual partners to use the content in accordance with the contract.
2.2 The use of revent media content is provided in individual contracts or in order, delivery and download confirmations at the specified rates.
2.3 The acquired right of use is not transferable to third parties. Contractual partners may use content exclusively for their own use.
2.4 The contractual partner is obligated to inform or notify revent media of all publications for which he uses content from revent media, as well as of any use that goes beyond the contractually agreed use, without being requested to do so, by sending a specimen copy (print, PDF, web link) with an indication of the range. If the notification is not made, revent media shall be entitled to separately charge its efforts to procure the missing information and documents at cost price (CHF 45.00/h).
2.5 The contractual partner may store and internally use the revent media contents in accordance with the conditions of use agreed upon. Content not used for publication may be stored for a maximum of 30 days. Passing on, resale or other duplication is only permitted with written consent.
2.6 The ownership, intellectual property and similar rights to revent media content remain exclusively with revent media or the designated third party suppliers.
2.7 The permission granted by revent media for the use of selected photos or videos does not include the assurance that the persons depicted or portrayed on them, the owners of the rights to the depicted works or the owners of the intellectual property rights have given their consent for public reproduction and advertising purposes. The Contractor shall itself respect the personal rights, copyrights, trademark rights and other intellectual property rights of the persons, works, objects or signs depicted.
3 Commencement of the contract, duration of the contract and termination
3.1 The start of the contract shall be specified in the individual contract. Notice of termination of the unlimited contract must be given at least six months before the end of the calendar year. If the contract is not terminated, it is automatically extended by one year.
3.2 In the event of non-compliance with the contractual provisions or violation of the GTC, in the event of non-timely payment of invoices issued as well as in the event of misuse of content, revent media may discontinue its services to the contractual partner and withdraw from the contract without any claim for compensation.
3.3 After termination of the contract, all content that has not been published must be removed from all internal systems at the contractual partner within a period of 30 days.
4 Use of the revent media content
4.1 The Contractual Partner undertakes to name revent media or, if named, the cooperation partner as the source for each publication of content (citation of source). If the author is not named, revent media shall be entitled to charge the contractual partner a surcharge of 100% of the agreed usage fee. Notwithstanding this, civil claims and claims for damages may be asserted against the contractual partner.
4.2 The source must be indicated as specified in the content, in the accompanying text or in the metadata. The source information must be complete. In the case of photos, the source information consists of "Photo: revent media/ Photographer". If no detailed information is available, the source citation is "revent media", for photos at least "Photo: revent media". For videos, "produced by revent media" must be inserted at the beginning or at the end.
4.3 Content may be further edited in compliance with the journalistic duty of care. However, under no circumstances may content be distorted by editing.
4.4 The editing of photos and videos is only permitted within the scope of the usual processing. Any changes through composing, rephotographing or electronic image processing require the written consent of revent media. Distorting the meaning or discriminating use are forbidden.
5 Royality Free Contents
5.1 In its digital database (reventmedia.ch), revent media offers royalty-free content that is explicitly marked with "Royalty Free" or "RF". In principle, the same provisions apply to these as to the other contents of revent media.
5.2 The receipt of royalty free content is subject to license fees to be paid by the contractual partner to revent media. Use for own purposes is understood to mean in particular the use of royalty-free content for advertising and editorial purposes or for websites, brochures, general advertising material, corporate documents, communication tools, newspapers and magazines.
6. tariffs and prices
6.1 Unless otherwise agreed, the prices for the acquisition, delivery, purchase and any use of visual content including free content in individual purchases are based on the currently valid price recommendations for image fees of the Swiss Working Group of Image Agencies and Archives. The price depends on the type and location of use, the scope and placement of the revent media content, the circulation and distribution of the medium as well as the type of medium. The final price will only be calculated after the specimen copy has been sent; previous cost estimates are non-binding. This also applies to visual content marked in the field "special fees" or with "minimal fee".
6.2 The prices for subscribed revent media content are based on the contractually agreed rates.
6.3 For the calculation in the case of contracts, the range of the certified circulation shall be included as a basis and shall be periodically adjusted.
6.4 revent media shall be entitled to readjust the rates and bases of assessment at any time.
6.5 If contracts are concluded for a period of one year or less, the rates valid at the time of the contract shall always apply. If contracts are concluded for a period of one year, the tariffs shall be adjusted on January 1 in the event of a change in coverage.
6.6 As a rule, revent media shall invoice its services to the contractual partner in advance at the beginning of each month. Invoices are due within 30 days unless otherwise agreed. The prices do not include the statutory value added tax.
7. liability
7.1 revent media shall only be liable for damages caused by gross negligence or intent. revent media shall in particular not be liable for the loss of information or data, loss of profit, third-party damages, indirect damages or other consequential damages. Liability for the consequences of force majeure (e.g. strike, natural disasters, war, destruction or technical failure, etc.) revent media is not liable for auxiliary persons or persons commissioned by revent media. The liability of revent media is excluded in case of transmission interruptions due to adaptation work at revent media or third parties.
7.2 revent media shall not assume any liability in case of misuse of the login provided to the contractual partner. The contractual partner shall take appropriate precautions for the security of the access data.
8 Additional provisions
8.1 revent media shall be entitled to adapt the GTC to changed conditions at any time. In the case of changes, the new GTC shall come into force three months after publication. The contractual partner shall be informed of this in writing.
8.2 revent media processes the personal data in accordance with the legal requirements. More on this is anchored in the data protection agreement.
8.3 Swiss substantive law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
8.4 The exclusive place of jurisdiction and performance is the registered office of revent media.
8.5 These GTC replace all previous GTC of reve