AGB
General Terms and Conditions (GTC) of eStockMedia
§ 1 Scope
(1) These General Terms and Conditions (GTC) as well as the licensing agreement of eStockMedia apply to all contracts for the acquisition, licensing, and use of digital content between eStockMedia (hereinafter referred to as “Licensor”) and its customers (hereinafter referred to as “Licensee”), regardless of whether the Licensee acts as a consumer (B2C) or entrepreneur (B2B).
(2) A consumer within the meaning of these General Terms and Conditions is a natural person who enters into a legal transaction for purposes that predominantly are neither attributable to their commercial nor their self-employed professional activity. Entrepreneurs are natural or legal persons or partnerships with legal capacity that act in the exercise of their commercial or self-employed professional activity at the time of the conclusion of the contract.
(3) These General Terms and Conditions apply exclusively. Deviating, contrary, or supplementary General Terms and Conditions of the Licensee do not apply, even if the Licensor does not expressly object to their validity in individual cases. Deviations require the express written confirmation by the Licensor to be effective.
(4) The version of these General Terms and Conditions as well as the licensing agreement that is valid at the time of concluding the contract is decisive.
§ 2 Subject Matter of the Contract
(1) The Licensor provides digital content for licensing via the website www.estockmedia.com. This includes, in particular, photographs, graphics, illustrations, vectors, videos, animations, and comparable digital works (hereinafter collectively referred to as "Content").
(2) The subject matter of the contract is exclusively the granting of usage rights to the Content in accordance with these GTC and the chosen type of license. There is no entitlement to the delivery of specific Content, to minimum availability, or to a particular quality of the Content.
(3) By acquiring Content, the Licensee does not acquire ownership rights, but exclusively the usage rights granted by contract. The transfer of source material, raw data, or open files is not owed unless expressly agreed otherwise.
(4) The Licensor is entitled to change, update, replace, or remove Content from the offering at any time without any claims arising for the Licensee.
§ 3 Copyright and Ownership of Rights
(1) All Content is protected by copyright as well as possibly by other rights (in particular trademark, design, or performance protection rights).
(2) The copyright and all other rights to the Content remain solely with the Licensor or the respective rights holders. There is no transfer of copyright.
(3) The Licensee is granted only the usage rights expressly granted in these GTC or in the respective chosen license. All additional rights, in particular editing, distribution, sub-licensing, or exploitation rights, are reserved.
(4) Any use of the Content that exceeds the contractually granted scope of use or is not expressly permitted is prohibited and constitutes a legal infringement.
§ 4 Types of Licenses
(1) Standard License (non-exclusive, limited)
a) With the acquisition of a Standard License, the Licensee receives a simple, non-exclusive, worldwide right to use the respective Content. The use is limited to a period of one year from the date of acquisition.
b) The use is permitted for private, business, editorial, and commercial purposes, provided it is carried out within the framework of these GTC, in particular with regard to the usage restrictions according to § 5.
(2) Standard License with Extended Duration of Use (non-exclusive, unlimited)
a) For a separate fee, the Licensee can lift the time restriction of the Standard License. In this case, the Licensee receives a simple, non-exclusive, worldwide right to use without a time limit.
b) The scope of permitted use shall otherwise be in accordance with the provisions of the Standard License as well as the usage restrictions in accordance with § 5.
(3) Exclusive License
a) With the acquisition of an Exclusive License, the Licensee receives an exclusive right to use the respective Content. The Licensor agrees not to relicense the Content in question after the conclusion of the contract and to remove it from public offerings.
b) Usage rights that have already been lawfully granted before the conclusion of the Exclusive License remain unaffected.
c) The Exclusive License is granted worldwide and indefinitely in time, subject to the usage restrictions according to § 5, unless expressly waived.
(4) Extended Use / Additional Licenses
If the intended use exceeds the limitations, distribution, or usage boundaries set forth in § 5 or involves special types of use (in particular merchandising, mass production, or on-demand products), a separate, paid extension of usage is required. The nature, scope, and compensation for the extended use will depend on the specific purpose of use and the additional licenses offered.
(5) No Transfer of Rights Beyond the Licensed Scope
Regardless of the chosen type of license, the Licensee is granted only the expressly granted usage rights. Any transfer of rights to third parties, sub-licensing, or usage beyond the contractually agreed scope is prohibited unless expressly agreed in writing.
§ 5 Usage Restrictions
(1) Conditions and Usage Limits
Unless a separate extension of use has been acquired, the following maximum limits apply to the use of the Content:
- Print media (e.g., flyers, brochures, posters): up to 100,000 copies
- Marketing giveaways: up to 10,000 copies
- Books and magazines: up to 2,000 copies
- Packaging, textiles, and entertainment goods: up to 2,000 pieces each
- Electronic use (e.g., websites, social media, online advertising, blogs, digital presentations): unlimited
Exceeding these limits is only permissible with a separately acquired, paid extension of the usage.
(2) Generally Prohibited Uses
Regardless of the chosen type of license, it is prohibited to use the Content in whole or in part:
a) as a trademark, company identifier, logo, or part of a logo,
b) in templates, designs, or patterns intended for resale, sublicensing, or free distribution,
c) to resell, sublicense, lend, give away, or make available to third parties permanently,
d) for machine learning, artificial intelligence, biometric systems, or similar automated analysis or training purposes,
e) in illegal, immoral, defamatory, discriminatory, or pornographic contexts,
f) in on-demand products (e.g., print-on-demand items, digital apps, NFTs, or comparable products) unless an expressly intended extension of usage has been acquired for this purpose.
(3) Editing and Modifications
Modifications to the Content are only permitted as long as they do not distort the original character of the Content and do not infringe on the rights of third parties. Any use that gives the impression that the Licensor or depicted individuals, brands, or institutions endorse or recommend a product, service, or statement is prohibited.
(4) Legal Consequences for Violations
Any use of the Content outside the contractually granted scope of use constitutes a severe breach of contract and may lead to civil and criminal consequences. The Licensor expressly reserves the right to assert claims for injunctions, damages, and information.
§ 6 Authorized Users
(1) The granted usage rights apply exclusively to the respective Licensee and are non-transferable unless expressly agreed otherwise.
(2) If the acquisition of the Content is made on behalf or in the name of an employer or a client, only that employer or client is authorized to use the Content within the framework of this agreement. The acquirer assures that they have the necessary legal authority to effectively bind the employer or client to the terms of this agreement. If this authority does not exist, the employer or client is prohibited from using the Content.
(3) Use of the Content by subcontractors (e.g., printers, developers, or agencies) is only permitted to the extent necessary for the technical production or distribution of the end product. Independent use, reuse, or archiving of the Content by subcontractors is prohibited.
(4) The Licensee is liable for all actions and usages carried out by themselves, by affiliated companies, employees, clients, or subcontractors, as if they were their own actions.
§ 7 Prices and Payment
(1) The prices displayed on the website are shown in the currency selected by the Licensee. Depending on the destination country and the customer's status (consumer or entrepreneur), additional taxes, duties, or statutory surcharges may apply. The final total price will be displayed to the Licensee before completing the order process in the shopping cart.
(2) The VAT treatment is governed by applicable legal regulations. Relevant factors include the location or residence of the Licensee, their status as a consumer or entrepreneur, and the existence of a valid VAT identification number. The specific tax indication occurs during the ordering process and on the invoice.
(3) All licensing fees and any booked additional services are due immediately upon conclusion of the contract. Access to the Content occurs only after full payment has been received.
(4) Returns, cancellations, or refunds after the provision or download of the Content are excluded, unless mandatory legal provisions dictate otherwise. Any goodwill arrangements for demonstrable technical errors remain unaffected.
§ 8 Subscriptions
(1) Subscriptions entitle the Licensee to license a specified number of Content items per month within the selected subscription model.
(2) Regardless of the chosen subscription model, the Licensee acquires only a Standard License according to § 4 (1) for the licensed Content.
(3) Indefinite use, extended use, or further usage rights are not part of a subscription and require a separate, paid licensing according to § 4 and § 5 of this agreement.
(4) The term of a subscription is one year and begins on the date of purchase. The subscription automatically renews for another year unless it is canceled at least one month before the expiry of the respective term.
(5) Consumers have the right to cancel the subscription in accordance with the notice period specified in paragraph (4). Termination during the current contract period is excluded.
(6) Unused Content cannot be carried over to subsequent months and expires at the end of the respective billing month. Upon termination of the subscription, all unused license quotas will expire without compensation.
(7) Regular termination or cancellation of the subscription before the end of the respective term is excluded. Refunds of already paid fees or pro-rated subscription fees will not be granted.
(8) Immediate Termination in Case of Violation
a) The Licensor is entitled to terminate the subscription and all granted usage rights without notice if there is reasonable suspicion of a breach of this agreement or of misuse of the subscription account.
b) In this case, the Licensee is obliged to immediately cease use of the Content, delete or destroy all copies of the Content, and confirm in writing to the Licensor, upon request, that these obligations have been fulfilled.
c) Nevertheless, all payments owed according to the invoice up to the regular end of the subscription period remain due.
§ 9 Shipping Conditions
(1) The delivery of Content purchased from eStockMedia is exclusively digital. There is no physical shipment of data carriers or printed products.
(2) After the payment process is completed, the Licensee will immediately or within a few minutes receive a download link to the purchased files. The download occurs via the user account or through the confirmation email. The files are available in the formats specified in the shop (e.g., JPG, PNG, SVG, AI, EPS, MP4).
(3) Digital products are generally available immediately after payment is received. Delays may occur in exceptional cases (e.g., technical disruptions, server outages).
(4) No additional shipping costs apply for digital delivery.
(5) With the download, the Licensee receives the usage rights (license) specified in the shop.
(6) To access and use the files/Content, the Licensee requires suitable hardware and software (e.g., image editing programs, video players). The Licensee is responsible for fulfilling these requirements.
(7) If technical problems occur during downloading, the Licensee can contact support at support@estockmedia.com. If necessary, eStockMedia will provide the files to the Licensee again.
§ 10 Right of Withdrawal/Cancellation
(1) Cancellations/refunds are excluded for digital Content and downloads. Goodwill is granted only for proven technical defects of files at the Licensor's discretion.
(2) There is no statutory right of withdrawal according to § 355 BGB for the products offered by the Licensor, as they consist exclusively of digital content that is not delivered on a physical data carrier. By acquiring the Content, the Licensee expressly agrees that the Licensor will begin performance of the contract immediately after the purchase is completed and that the right of withdrawal will consequently expire (§ 356 (5) BGB).
§ 11 Evidence/Audit
(1) The Licensee shall provide sample copies, access to restricted presentations, and verifiable evidence (invoices, delivery notes, order confirmations) upon reasonable request.
(2) The Licensor is entitled to review usage documents (either personally or through third parties) after reasonable prior notice. If the review shows an underpayment of ≥ 5% of the owed amounts, the Licensee shall bear the difference as well as the reasonable audit costs.
§ 12 Copyright Notice
(1) When publicly using the Content, a copyright notice must be provided wherever industry standards and technical feasibility allow. The copyright notice should be as follows: “© eStockMedia" or “© estockmedia.com".
(2) In the case of editorial use of the Content, the copyright notice must be provided.
(3) The name and logo of the Licensor may only be used to the extent necessary for proper copyright attribution. Any further use for advertising or trademark purposes is prohibited unless there is explicit written consent from the Licensor.
§ 13 Warranty and Liability
(1) The Content is provided in the condition it is in at the time of delivery ("as is"). No specific quality or suitability for a particular purpose is guaranteed.
(2) If the Content is marked as editorial, the Licensor assumes no warranty or liability for the existence of necessary rights to depicted individuals, brands, buildings, or other property. Obtaining the necessary releases is solely the responsibility of the Licensee.
(3) The Licensor is liable without limitation for intentional misconduct and gross negligence as well as for violations of life, body, or health.
(4) In cases of ordinary negligence, the Licensor is only liable for breaches of essential contractual obligations (cardinal duties). In this case, liability is limited to typical, foreseeable damages.
(5) Any further liability of the Licensor is excluded. This applies in particular to indirect damages, consequential damages, lost profits, production downtimes, or other financial losses.
(6) The Licensor makes every effort to accurately categorize the Content and provide it with keywords, descriptions, titles, and other metadata. No warranty is assumed for the accuracy, completeness, timeliness, or error-free nature of this information. The provided metadata are intended solely for guidance and do not establish any quality guarantees.
(7) Content is provided "as is" and carries no quality guarantee, no promise of specific suitability, error-free operation, or availability.
§ 14 Withdrawal of Content
(1) The Licensor is entitled at any time and at its own discretion to cease, revoke, or restrict the licensing of individual Content, in whole or in part, without any claims arising for the Licensee.
(2) If the Licensee is informed by the Licensor or otherwise becomes aware that there are actual or possible claims regarding the infringement of third-party rights related to a Content, the Licensee is obliged to immediately and at their own expense cease all use of the relevant Content. This includes, in particular, the deletion or destruction of all copies as well as the immediate obligation of all customers, clients, employers, distribution partners, or other third parties to whom the Content has been made accessible to cease their use and delete it accordingly.
(3) The Licensor assumes no liability for damages, expenses, consequential damages, lost profits, production, transition, or replacement costs incurred by the Licensee or third parties due to the withdrawal of Content, limitation of use, or cessation of use.
(4) As the sole and final performance, the Licensor may provide the Licensee with substitute Content free of charge at their own economic discretion. There is no entitlement to specific, equivalent, or thematically comparable Content.
(5) Any further claims by the Licensee—especially for reduction, refund, damages, or reimbursement of expenses—are excluded. The provided substitute Content is subject to all provisions of this agreement.
§ 15 Indemnification and Disclaimer of Liability
(1) The Licensee indemnifies the Licensor from all third-party claims arising from the Licensee's contractual, unlawful, or beyond the granted license scope use of the Content or use by third parties attributable to them. This also includes reasonable legal defense costs.
(2) The Licensor assumes no warranty and no liability for the economic, commercial, or other success of projects, productions, publications, or other endeavors of the Licensee that are realized using the licensed Content. In particular, no guarantee is provided for revenues, reach, profitability, market acceptance, advertising effectiveness, or other desired outcomes. The use of the Content is at the Licensee's own risk.
(3) The Licensor guarantees that they are the holder of the necessary rights to the licensed Content and are entitled to grant the corresponding usage rights. However, the Licensor assumes no warranty and no liability that the Licensee's use of the licensed Content is free from third-party rights or does not infringe on trademarks, personal rights, name rights, design rights, or other protective rights of third parties.
(4) The legal examination of the specific use of the Content as well as obtaining any necessary additional approvals, consents, or rights is solely the responsibility of the Licensee.
§ 16 User Accounts
(1) The Licensee is responsible for all activities that occur through their user account. They are specifically obliged to:
a) treat their access data (username and password) confidentially and protect it from unauthorized access by third parties,
b) to inform the Licensor immediately of any unauthorized use of the user account or other security breaches, and
c) to take full responsibility for all actions taken through their user account.
(2) The Licensor is entitled to monitor downloads and user activities as necessary to ensure compliance with this agreement.
(3) In the event of a breach of these terms and conditions, abusive use, or suspicion of account sharing or other circumvention of the licensing terms, the Licensor is entitled to temporarily or permanently suspend access to the user account and to take further legal action.
§ 17 Data Protection
(1) The processing of personal data is carried out in accordance with applicable data protection laws, particularly the General Data Protection Regulation (GDPR).
(2) Detailed information regarding the type, scope, and purpose of data processing can be found in the privacy policy at www.estockmedia.com, which is part of this agreement.
§ 18 Final Provisions
(1) Changes or additions to these General Terms and Conditions must be in text form (e.g., email).
(2) Should any provision of these General Terms and Conditions be wholly or partially ineffective or become ineffective, the validity of the remaining provisions shall not be affected. Instead of the ineffective provision, a regulation shall be deemed agreed that comes closest to the economic purpose of the ineffective provision.
(3) The law of the Federal Republic of Germany applies, excluding the UN Sales Convention.
(4) The language of the contract is German. Translations into other languages serve only for informational purposes. Only the German version is binding.
(5) The legal venue is—if permitted by law—the location of the Licensor.