All services, deliveries of material and rights of use are provided by digilibri on a non-binding and non-exclusive basis subject exclusively to the terms and conditions below. All other rights of use must be agreed / negotiated separately.
digiprimo operates an Internet platform for the management, exploitation and sale of media assets (specified and copyright protected content). This platform is a marketplace for suppliers and purchasers of all forms of digital and analogue content, particularly images, books, texts, sheet music and for licensors and licensees of small licenses.
digiprimo offers suppliers and purchasers of such content the following options:
Access to digiprimo services that are not available via the public section of the website requires the user to be registered. The platform is available for use by legal persons (companies, associations and other corporate bodies) and natural persons with unrestricted legal capacity (private persons). Registration of a legal person must be made by a named natural person authorised to represent the legal person. The data requested by digiprimo during registration are to be entered correctly by the user. Depending on the user profile several fields are compulsory and must be completed. The user is also required to accept these General Terms and Conditions. If any changes occur to the data entered by the user after registration, the user is required to correct or update the data registered with digilibri. During the registration process, the user is prompted to enter a username and password.
Registration as user (interested party, supplier, purchaser) is free of charge. The user's personal data is collected, stored and processed for processing the agreement, providing the service and invoicing purposes only. Users may view this data free of charge at any time (“MY DIGIPRIMO“).
After the data has been checked, the user will receive a registration confirmation by email. Once the data has been checked by the user, the user can activate a confirmation link in the email, after which access to the digiprimo database will be granted automatically. Access to services in the digiprimo database for suppliers, purchasers (e.g. ordering, cataloguing, uploading, downloading) requires the formation and registration of agreements. Purchaser Agreement
As platform provider, publisher and agency, digiprimo accepts unrestricted liability for intent and gross negligence, and for normal and slight negligence only when major contractual obligations have been infringed. In such cases, liability is limited to the usual contractual damages that digiprimo would expect to incur under the circumstances prevailing at the time. In its capacity as platform provider, digiprimo accepts no liability for faults in the power supply system for which it is not responsible. Any claims against the operator of the platform on which digiprimo offers its services remain unaffected.
If digiprimo as agency and publisher acquires from a supplier the right to store and market its digital and analogue content, the rights and obligations of the contracting parties will then arise from the specific conditions of a supplyer contract covering exploitation and sales, particularly exploitation in physical form (reproduction rights, distribution rights and exhibition rights) and in non-physical form (recitation rights, performing and demonstration rights, right to make available to the public, broadcasting rights, right of communication by video or audio recordings, right of communication of broadcasts) viewable via the following link. Supplier Agreement. digiprimo charges the supplier a service fee for adding and storing digital content to the database as indicated in its current catalogue of services.
If digiprimo as purchaser acquires its digital content from a supplier for marketing and sales purposes, the rights and obligations of the contracting parties will then arise from the conditions of the sales agreement viewable via the following link. Sales Agreement.
During the ordering process, the purchaser is required to indicate details of the intended use, including application, scale, duration and language region. digiprimo provides a list of ordering application options. For each asset in the media database, the application options are fixed. Based on the details provided by the purchaser, digiprimo gives its written consent to the use of the ordered material. If the details provided by the purchaser do not conform with the actual usage, or the actual usage does not conform with the details provided by the purchaser, consent is deemed not to have been given and digiprimo is released from any damages claimed by third parties. This applies in particular to repeated use, new applications, transfer of the material and transfer of rights to third parties. The user has the possibility of examining templates before acquiring rights of use (deliveries of samples on CD-ROM or DVD). As soon as the orderer has announced within the agreed period that he intends to use or buy all or part of the supplied material, digilibri is entitled to invoice him for the rights of use, even if no publication or other use has taken place. All templates and data storage media are to be treated as originals. They are provided by digiprimo for the contractually agreed purpose only and are to be returned immediately after use. Any rights that have been issued, unless otherwise contractually agreed, apply for the single application on the agreed scale only. Purchaser Agreement
Suppliers are not permitted to add material to the database that violates statutory provisions, official directives or common decency. Furthermore, it is not permitted to add image material to the database that infringes the rights of third parties, particularly third-party copyrights, brand or privacy rights. digiprimo does not make the property of others its own.
digiprimo reserves the right to block third-party content if it infringes current laws. The supplier releases digiprimo from all claims made against digiprimo by third parties due to infringements of their rights or due to infringements of the law as a result of any material added to the database by the supplier.
During the registration process, users are asked to give their consent to the processing of their personal data and to accept digiprimo's privacy statement. The collection, processing and use of personal data by digiprimo is solely for the purpose of providing users with a range of user-friendly, efficient, customerdriven and secure services. digiprimo also makes use of ‘cookies’ for the same purpose. digiprimo does not sell personal data and does not pass on any such data to third parties for other commercial reasons.
digiprimo GmbH & Co.KG
Hainsbachweg 1/1
Heidelberg
P.O.Box 103305
69023 Heidelberg
Germany
Tel. +49 (0)6221 21881
Mobile +49 (0)171 3660392
FAX + 49 (0)6221 167355
www.digiprimo.com
Taxation Number 32020/36154
Int VAT Number: DE246619145
Located in: Heidelberg, Germany
Registered at District Court Mannheim HRA 700186
Sole Shareholder: digiprimo Verwaltungs-GmbH
Registered at District Court Mannheim HRB 338036
Managing Partners of the
digiprimo Verwaltungs-GmbH:
Arnoud de Kemp & Ingrid Maria Spakler
Member of the Association of German Publishers and Booksellers.
For correspondence: info[at]digiprimo.com
© 2008 digilibri GmbH & Co.KG -- www.digiprimo.com