General Terms and Conditions
Version: July 03, 2020
Please carefully read through these General Terms and Conditions regarding the licensing and delivery of images before using this website or ordering image licenses. You must agree with the General Terms and Conditions in order to purchase or sell image licenses.
1.1 The website curioso.photography and its services are a product of the company Curioso Photography. Curioso Photography (»Curioso Photography«) operates a plattform for online sales of royalty-free image licenses for digital images.
1.2 The General Terms and Conditions are valid for all use of the Curioso Photography site; in particular, customers and photographers are considered to be in agreement with the General Terms and Conditions upon registering. The General Terms and Conditions are valid within the scope of an ongoing business relationship as well as for all future product offers, services, orders, contract completions and deliveries, even if not explicitly mentioned. They are also valid when access to or use of services occurs outside of Poland. An agency agreement between photographers and Curioso Photography shall be valid in addition to these General Terms and Conditions.
1.3 All offerings, shipments, and granting of license rights are without engagement only and do not exclusively apply to the following General Business Terms and Conditions.
1.4 Any conditions deviating from these terms must be agreed on in writing; opposing terms and conditions from contractual partners shall only apply with explicit written approval from Shotshop.
2 Subject matter of the contract
2.1 Within the meaning of these General Terms and Conditions, Curioso Photography is offering royalty-free licences for images; however, the property rights of the images are not sold.
2.2 Royalty-free images are copyrighted images offered by the originator (photographer) for sublicensing by Curioso Photography according to Point 4 of these General Terms and Conditions.
3.1 Curioso Photography allows customers free access to the online database curioso.photography. Customers may use the database to search online for photos stored there and transfer them as preview images or licensed high-resolution images.
3.2 Prior to conclusion of the first contract, the customer must register with Curioso Photography. In doing so, he receives a user name and password, which are treated as confidential. Transfer to third parties is not permitted. If access data is abused at the fault of the customer, they are responsible for the resulting damages.
3.3 Conclusion of the contract takes place strictly via the Internet. In order for the contract to be concluded, the customer confirms a second time while placing the order that he understand and accepts these General Terms and Conditions. Only then shall the order and payment procedures be successfully concluded and the customer granted access to download the respective images. The images will remain in the customer’s personal account and available for download for a maximum of six months after purchase.
3.4 Neither photographers nor customers shall hold claim to constant accessibility to the Curioso Photography database. Curioso Photography may at anytime temporarily or permanently shut down the server as well as change, delete or add to the contents stored there.
3.5 Any kind of automated access to Curioso Photography images or the database using external scripts, download managers or other comparable functions/tools outside of the prescribed ordering process is prohibited and subject to criminal prosecution. The customer is subject to a penalty of up to EUR 5,000 for every infringement or attempted infringement.
For all information regarding licensing, Curioso Photography refers to licensing at https://curioso.photography/licensing/
5 Use of layout images
5.1 Preview images do not include any further usage rights. Exempt from this is use in designs with regard to the purchase of an image. You may use layout images for design purposes, sample layouts and presentations free of charge. Free layout images may not be used in end products – neither for internal nor external purposes.
6 Image credits
6.1 License materials used on websites and in an editorial or journalistic context must include in the imprint or in close spatial proximity and in the manner typical of such use a copyright notice, such as “© Name of the originator/Curioso.Photography”.
6.2 At the request of Curioso Photography, the customer must prove the proper use of purchased images (for example, voucher copies, screen shots). Any unauthorized use or transfer of images is liable for damages.
7 Usage restrictions
7.1 The customer is prohibited from assigning, selling, ceding or transferring any rights granted to it under this agreement by sublicense.
7.2 Uses that could lead to the disparage of the persons illustrated as well as use in pornographic, defamatory, slanderous, racist, criminal, unlawful or other offensive contexts are prohibited and make the customer liable for damages. The use of images many not infringe upon third party rights, i.e. natural or legal persons.
7.3 The online provision of the images s in a downloadable format or distribution of the is not permitted.
7.4 The images or portions of the image may not be used in a logo or as trademarks or service marks.
8 Licence fee
8.1 The license prices and administration fees published on curioso.photography are valid. Prices are always understood as net prices. In Poland any applicable value-added tax will be added.
8.2 Usage rights begin with the transfer of the high-resolution data of the image material. This is subject to the condition precedent of payment of the license fee.
8.3 The license fee is due for payment immediately upon conclusion of the ordering process.
8.4 If the intended publication or other use of the image material does not occur by way of the customer, Curioso Photography is not obligated to take back said image material.
8.5 The license fee is due for payment immediately upon conclusion of the ordering process and is payable per advance payment, credit card, Paypa. Payments per invoice are only possible with appropriate clearance from Curioso Photography.
8.7 When a purchase is made customer information is transferred using secure SSL encryption typical of banking institutes. The transaction occurs directly via an online payment provider. Your credit card will be billed upon ordering and will appear on your statement as »Curioso Photography«. We recommend you print a copy of your transaction information.
9 Stock Credit
Curioso Photography provide a store credit as »Stock Credit«
- Stock Credit valid for lifetime.
- Stock Credit is valid for unlimited purchases until the balance is reached.
- Stock Credit cannot be used in conjunction with other coupons.
- Stock Credit does not apply to items on sale.
- Stock Credit is not refundable and cannot be transferred to another person.
- Stock Credit value expressed in US Dollars, when other currency is used, the value will be converted.
- At the moment Stock Credit can only be purchased in US Dollars.
- Stock Credit has the form of a discount coupon, which should be entered in the “APPLY COUPON” field in the order basket while shopping.
- Stock Credit will be sent by e-mail and then automatically added to the registered account.
10 Damages and limitations of liability
10.1 The customer is obliged to release and indemnify Curioso Photography from all damages and liability claims by third parties arising from use of the image material that does not comply with the above-mentioned provisions.
10.2 Curioso Photography shall not be liable for any approvals required for the use of images provisioned by photographers. This is particularly valid for images of persons, artistic works or architecture as well as any other images, which refer to the names, companies, brands, registered design patents or other trade mark rights of third parties. The customer bears the sole responsibility for obtaining the required permits for the relevant use of the image material.
10.3 Curioso Photography assumes no liability for the availability of the online system and the content it contains.
Furthermore, Curioso Photography is neither liable for any technical problems outside its sphere of responsibility nor damages caused by force majeure.
10.4 Curioso Photography shall only be liable for damages based on intentional or gross negligence. This includes faults caused by vicarious agents or legal representatives.
11.1 The image database available at curioso.photography is subject to copyright protection as a whole. The content of the site on display and/or for sale including all images and text is either the property of Curioso Photography or its photographers.
11.2 1 The website as a whole or its individual components may not be copied, stored, distributed, transmitted, transferred or utilized in any other manner without express permission. Violations against the conditions will result in the obligation to pay damages to Shotshop or its photographers for any resulting losses, damages and costs.
Complaints regarding the content of electronic transmissions may only be recognized if they are made in writing immediately after download unless it concerns a latent defect that was unrecognizable upon review of the image after download. Then the legal right of return for consumers is valid with a return period of four weeks; the return period for contractors in the sense of the commercial code is seven days.
13 Duration and cancellation
13.1 The customer is granted the royalty free licence indefinitely but not exclusively.
13.2 Curioso Photography is entitled at any time to cancel the license to use the images on substantial grounds. An important reason exists in particular if the customer violates the license conditions defined in Section 4 or fails to fulfill his obligation to pay the license fee despite a warning and granting of a respite.
In this case, the customer is obliged to immediately discontinue use of the image material and completely delete the digital image material supplied to him. In the case of infringement, the photographer and Curioso Photography reserve all legal measures.
For all information regarding the processing of user data, Curioso Photography refers to its privacy statement at https://curioso.photography/privacy-policy/
Customer and payment information is treated with utmost confidentiality. When a purchase is made customer information is transferred using secure SSL encryption typical of banking institutes. A potential transaction occurs directly via an online payment provider.
16 Applicable law, place of fulfillment and place of jurisdiction
Place of fulfillment and place of jurisdiction is Berlin. It is agreed that German law is applicable for all legal relationships between Curioso Photography and customers or photographers, especially in regard to the granting of usage rights abroad or from abroad.
17 Severability Clause
The invalidity or ineffectiveness of individual terms of the General Terms and Conditions does not affect the effectiveness of the other terms. The ineffective condition is to be replaced with an effective condition that most closely serves the economic interests of the contract parties.
Terms and Conditions (pdf)
© Curioso Photography, Wagowa 36/74, Sosnowiec, Poland.