Terms of use for GEPA pictures GmbH website and photo data bank

1.    Owner, applicability and scope of application

1.1.    The current terms of use apply to the website www.GEPA-pictures.com and the photo data bank, isave.GEPA-pictures.com, which are both operated by GEPA pictures GmbH. GEPA pictures GmbH, Ivica-Osim-Platz 2 / Top 5, 8041 Graz, is hereafter referred to as “GEPA”. In addition to the terms of use, the general business terms (GBT) of GEPA also apply and can be downloaded here: GBT.
1.2.    When using our website or web shop you automatically accept our terms of use. GEPA is entitled to change individual terms of use or guidelines on the website at any time. If changes are made, the date of the current version will be updated at the beginning of the terms of use. All changes apply as soon as they are published on the website. If you continue using the website after their publication you automatically agree to the changes.
1.3.    All content on the website (e.g. texts, photos, films, data, software, graphics) are owned by GEPA pictures GmbH or external partners. All content and elements of the website are protected by copyright or intellectual property laws. Downloading or copying the website or parts of the website, reverse engineering, data mining, reusing content, collecting data, extracting programs and any similar activities are illegal and outright forbidden without first getting written consent from or reaching an agreement with GEPA. If any of these illegal activities occur, legal proceedings will be commenced without exemption and compensation payment will be claimed.

2.    Availability of the website and the photo data bank

2.1.    Our website should be accessible 24 hours a day, however, technical issues (e.g. maintenance) can occasionally cause the connection to be interrupted.
2.2.    Because technical issues can arise at any time, it is not possible to make a website or data bank that is never offline or without any flaws. Therefore, we cannot be held liable for any problems arising from such issues. 
2.3.    We are not liable for any disruptions caused by problems with telephone and/or internet connections.

3.   Accessing and using the photo data bank

3.1.    Our data bank can only be accessed once you have been registered. Registration is only allowed when you are of legal age and legally competent. As a client and user of the web shop you are prohibited from providing any false personal data.
3.2.    After registering you will receive your personal password (sent to you via the email address you provided us when registering), which is needed to access the data bank. This password is generated by the computer and is not saved by us. In case you forget your password, you can apply for a new one at any time. The password is assigned to your name and your company name.
3.3.    When using the data bank, you are responsible for making sure that your account and password stay confidential. This data is not to be shared with a third party and you will be held liable if any problems arise due to sharing or loosing access data.
3.4.    You can always delete your account by simply sending us an e-mail stating your wish to do so. Please use the following e-mail address: office@gepa-pictures.com.

4.    Purchasing photo data and legal right of use

4.1    Purchasing a photo license and contract conclusion is done exclusively in written form. In order to do so, the customer must, once again, accept the GBT while ordering. After accepting the GBT, ordering and payment procedures can be successfully concluded, and the customer will be able to download their photos. 

5.    Prices and payment

5.1    Prices indicated by GEPA are in euros and always exclude the required VAT. Prices can be changed by GEPA at any time. If you do not pay, or payment is incomplete, then GEPA is entitled to cancel the purchase agreement.

6.    Location, applicable law, contract language, dispute resolution

6.1.    The location for all deliveries, services and legal disputes stemming from a contractual relationship (including legal disputes about realization and/or validity of the order and/or the effectiveness of the jurisdiction clause) is the GEPA company office in Graz. If the office moves, then legal complaints can be made at either the old or new location. GEPA is also entitled to appeal to the court of the client’s office.
6.2.    Except for conflict-of-law rules, Austrian law applies for all legal procedures between GEPA and their customers.
6.3.    All contracts will be written in German only.
6.4.    Alternative dispute resolution, according to article 14 paragraph 1 ODR, applies to all clients. The European Union provides a platform for online dispute regulations (ODR) which you can access at ec.europa.eu/consumers/odr. However, we are neither obligated nor willing to participate in a dispute regulation proceeding in front of a consumer arbitration board.
We kindly ask you to send any complaints to office@gepa-pictures.com

7.    Disclaimer

7.1.    GEPA strives to provide correct and complete information on our website. Although all information is thoroughly checked, GEPA cannot guarantee or be held liable for correctness, completeness and actuality of all provided information. Since jurisdiction and legal regulations are constantly changing, there is always a risk that information maybe unclear. Under no circumstances can GEPA be held liable for any direct, indirect or consequential damage caused by using the website, even if the damage can be connected to using incorrect or incomplete information.
7.2.    Links: GEPA explicitly declares that they do not have any influence on the creation or content of any external sites to which they have provided a link. Therefore, GEPA cannot be held liable for any change of content after the link has been established. Only the provider of a website can be held liable for illegal, faulty or incomplete content or damages resulting from use of their site and, therefore, GEPA is not held responsible for any of the former on any sites to which they have provided links. If the linked page contains illegal, faulty or incomplete information and GEPA becomes aware of that, then GEPA is obligated to remove the link immediately.

Status: September 2019