Terms of service

General Terms and Conditions (GTC) of eStockMedia

§ 1 Scope of Application

(1) These General Terms and Conditions (GTC) and the License Agreement of eStockMedia apply to all contracts regarding the acquisition, licensing, and use of digital content between eStockMedia (hereinafter "Licensor") and its customers (hereinafter "Licensee"), regardless of whether the Licensee acts as a consumer (B2C) or an entrepreneur (B2B).

(2) Consumers within the meaning of these General Terms and Conditions are natural persons who enter into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity. Entrepreneurs are natural or legal persons or partnerships with legal capacity who, when entering into the contract, act in the exercise of their commercial or independent professional activity.

(3) These General Terms and Conditions apply exclusively. Deviating, conflicting, or supplementary general terms and conditions of the Licensee shall not apply, even if the Licensor does not expressly object to their validity in individual cases. Deviations require express written confirmation by the Licensor to be effective.

(4) The version of these General Terms and Conditions and the License Agreement valid at the time the contract is concluded shall be authoritative.

§ 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 of the contract is exclusively the granting of usage rights to the content in accordance with these GTC and the respective license type selected. There is no entitlement to the delivery of specific content, to a minimum level of availability, or to a specific quality of the content.

(3) By acquiring content, the Licensee does not acquire ownership rights, but exclusively the contractually granted usage rights. 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 this giving rise to any claims by the Licensee.

§ 3 Copyright and Ownership

(1) All content is protected by copyright and, where applicable, by further protective rights (in particular trademark, design, or ancillary copyright rights).

(2) The copyright as well as all other rights to the content remain exclusively with the Licensor or the respective rights holders. A transfer of copyrights does not take place.

(3) The Licensee is granted exclusively the usage rights expressly provided in these GTC or in the respectively chosen license. All rights beyond this, in particular rights of editing, distribution, sublicensing, or exploitation, are reserved.

(4) Any use of the content that exceeds the contractually granted scope of use or is not expressly permitted is inadmissible and constitutes an infringement of rights.

§ 4 License Types

(1) eStockMedia grants only exclusive licenses.

(a) Upon acquisition of an exclusive license, the Licensee receives an exclusive right of use for the respective content. The Licensor undertakes not to license the content in question again and to remove it from the public offering after the conclusion of the contract.

(b) Usage rights lawfully granted prior to the conclusion of the exclusive license remain unaffected by this.

(c) The exclusive license is granted worldwide and for an unlimited period, subject to the usage restrictions pursuant to § 5, unless these have been expressly waived.

(2) Extended Use / Additional Licenses:
If the intended use exceeds the circulation, distribution, or usage limits set out in § 5 or includes special types of use (in particular merchandising, mass production, or on-demand products), a separate, fee-based extension of the use is required. The type, scope, and remuneration of the extended use shall depend on the specific intended purpose and the additional licenses offered in each case.

(3) No Transfer of Rights Beyond the Scope of the License:
Regardless of the chosen license type, the Licensee is granted exclusively the usage rights expressly provided. A transfer of rights to third parties, sublicensing, or use outside the contractually agreed scope is prohibited unless expressly agreed upon in writing.

§ 5 Usage Restrictions

(1) Circulation and Usage Limits

(a) With "The Signature License," the Licensee receives a right of use for the acquired content that is unlimited in time and geography, subject to compliance with the following maximum usage limits:

Print media (e.g., flyers, brochures, posters): up to 1,000,000 copies
Marketing giveaways: up to 100,000 copies
Books and magazines: up to 5,000 copies
Packaging, textiles, and consumer goods: up to 5,000 units each
Patterns (seamless patterns): up to 100,000 units
Apps/Downloads: up to 1,000,000
Electronic use (e.g., websites, social media, online advertising, blogs, digital presentations): unlimited
POS package: up to 2,000 branches

Exceeding these usage limits is permitted only through the acquisition of a corresponding, fee-based extension according to Option 2.

(b) With "The Absolute License," the Licensee receives a right of use for the acquired content that is unlimited in time and geography without any quantitative limitations. This applies in particular to:

Print media
Marketing giveaways
Books and magazines
Packaging, textiles, and consumer goods
Patterns (seamless patterns)
Apps/Downloads
Electronic use
POS package

(2) Prohibited Uses

Regardless of the chosen license type, it is prohibited to use the content, in whole or in part, to:

a) use it as a trademark, company sign, logo, or part of a logo;
b) integrate it into templates or designs intended for resale, sublicensing, or free distribution;
c) resell, sub-license, lend, give away, or make it permanently accessible to third parties;
d) use it for machine learning, artificial intelligence, biometric systems, or comparable automated analysis or training purposes;
e) use it in unlawful, immoral, defamatory, discriminatory, or pornographic contexts;
f) use it in on-demand products (e.g., print-on-demand items, NFTs (Non-Fungible Tokens), or comparable products).

(3) Edits and Alterations
Editing the content is only permitted insofar as it does not distort the original character of the content and does not infringe on third-party rights. Any use that creates the impression that the Licensor or depicted persons, brands, or institutions support 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 significant breach of contract and may result in civil and criminal consequences. The Licensor reserves the right, in particular, to assert claims for injunctive relief, 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 occurs in the name or on behalf of an employer or a client, exclusively that employer or client is entitled to use the content within the framework of this agreement. The purchaser warrants that they possess the necessary legal authority to effectively bind the employer or client to the provisions of this agreement. If this authority does not exist, the use of the content by the employer or client is prohibited.

(3) Use of the content by subcontractors (e.g., printing shops, developers, or agencies) is permissible only to the extent necessary for the technical production or distribution of the end product. Any independent use, reuse, or archiving of the content by subcontractors is prohibited.

(4) The Licensee is liable for all actions and uses carried out by themselves, by affiliated companies, by employees, by clients, or by subcontractors as if they were their own actions.

§ 7 Graphic and Product Design

(1) After the acquisition of content, the Licensor offers the Licensee an optional additional service, to be remunerated separately, in the form of graphic or product-related preparation of the content (hereinafter "Design Service").

(a) The additional services in the field of graphic and product design are structured as follows:
Signature: 1 project with 1 variation
Elite: 1 project with up to 3 variations
Prestige: 1 project with up to 5 variations
Infinity: 1 project with up to 10 variations

(b) Further additional services can be added at any time for a fee.

(c) Additional services that are not used or only partially used, as well as booked packages, are excluded from reimbursement.

(2) The use of the Design Service requires that the Licensee provides all content, data, and specifications necessary for implementation completely, correctly, and in a suitable form (in particular texts, logos, image material, and other design specifications).

(3) The Licensee warrants that they possess all necessary rights to the content provided. They shall indemnify the Licensor against all third-party claims resulting from any unlawful use of the provided content. The Licensor's liability for content provided by the Licensee is excluded.

(4) The scope of performance is limited exclusively to the creative creation or preparation of the designs. Manufacturing, printing, production, and any form of reproduction are expressly not part of the service and are carried out exclusively under the Licensee's own responsibility.

(5) The Licensee shall receive a maximum of three design proposals per commissioned product or variant. Further drafts or revisions require a separate agreement and remuneration.

(6) The delivery time is generally up to fourteen (14) calendar days from the complete receipt of all content and information required to provide the service. Delays due to incomplete or subsequently changed information provided by the Licensee shall not be at the Licensor's expense.

(7) The claim to use the Design Service exists for a maximum period of six (6) months from the date of purchase and full payment of the underlying content. After this period, the claim expires without replacement. A refund or other compensation is excluded.

(8) The Licensor does not owe any specific economic, creative, or other success. Liability for the failure to achieve results sought by the Licensee (in particular marketing, sales, or advertising success) is excluded.

(9) The liability of the Licensor is – as far as legally permissible – limited to intent and gross negligence. In cases of simple negligence, the Licensor is liable only for the breach of essential contractual obligations (cardinal obligations) and limited to the contractually typical, foreseeable damage.

§ 8 Bespoke Créations (Individual Content Creation)

(1) The Licensee has the option to commission the Licensor to create individual content (Bespoke Creations). Upon acquisition of this service, the Licensee acquires a usage license in accordance with § 5 (b) (The Absolute License) of these General Terms and Conditions.

(2) A prerequisite for the provision of the service is a complete, clear, and detailed description of the desired content by the Licensee. The Licensor is not obliged to independently interpret or supplement incomplete or unclear information.

(3) After full receipt of payment and availability of all required information, the Licensee shall receive five (5) proposals within a period of up to fourteen (14) calendar days. Should the Licensee not accept the first five (5) proposals, they shall receive five (5) additional proposals once within a further fourteen (14) calendar days. Further correction loops or proposals are not part of the service.

(4) The proposals provided shall be made available to the Licensee exclusively in reduced resolution (preview quality). Only after a motif has been selected by the Licensee will it be provided in the desired resolution and in the agreed file format.

(5) If no motif is selected by the Licensee even from the total of ten (10) proposed drafts, the service shall be deemed fully rendered. In this case, there is no claim to further services, improvements, or a refund; the payment is forfeited without replacement.

(6) Any processing beyond this, further rounds of proposals, or additional services are to be remunerated separately and require a new agreement.

(7) The Licensor does not owe any specific economic, creative, or other success. In particular, no guarantee is given for the subjective satisfaction of the Licensee or the usability of the results.

(8) Liability of the Licensor is excluded – to the extent legally permissible – unless intent or gross negligence is present.

§ 9 Prices and Payment

(1) The prices stated on the website are displayed in the currency selected by the Licensee. Depending on the destination country and the respective customer status (consumer or entrepreneur), additional taxes, duties, or statutory surcharges may apply. The final total price in each case will be displayed to the Licensee in the shopping cart before the order process is completed.

(2) The VAT (Value Added Tax) treatment is based on the respectively applicable legal provisions. In particular, the registered office or residence of the Licensee, their status as a consumer or entrepreneur, and the availability of a valid VAT identification number are authoritative. The specific tax disclosure occurs during the ordering process and on the invoice.

(3) All license fees and any booked additional services are due immediately upon conclusion of the contract. Access to the content is only granted after full receipt of payment.

(4) Return, cancellation, or refund after the provision or download of the content is excluded, unless mandatory legal regulations provide otherwise. Any goodwill arrangements in the event of demonstrable technical errors remain unaffected by this.

(5) Special requests that exceed the agreed scope of performance do not have to be accepted by eStockMedia. If they are implemented in individual cases, they will be charged separately and are subject to a fee.

§ 10 Digital Delivery Terms

(1) The delivery of content purchased from eStockMedia is exclusively digital. No physical shipping of data carriers or print products takes place.

(2) Upon completion of the payment process, the Licensee will receive a download link for immediately available content (The Signature License) instantly or within a few minutes. The download is carried out via the user account or the confirmation email. Files are provided in the formats specified in the shop (e.g., JPG, PNG, SVG, AI, EPS, MP4).

(3) Separate Delivery Times:
(a) The delivery time for **Custom Dimensions** (special formats/special resolutions) is 48 hours after completion of the payment process.
(b) The delivery time for all graphic and product design packages mentioned in **§ 7 (a)**, as well as for **Individual Content Creation** in **§ 8**, is generally up to fourteen (14) calendar days after completion of the payment process and following the complete receipt of all content and information required for the provision of the service.

(4) Delays may occur in exceptional cases (e.g., technical malfunctions, server outages).

(5) No additional shipping costs apply for digital delivery.

(6) Upon downloading, the Licensee receives the right of use (license) specified in the shop.

(7) To access and use the files/content, the Licensee requires suitable hardware and software (e.g., image editing programs, video players). The Licensee is solely responsible for ensuring these prerequisites are met.

(8) Should technical problems occur during the download, the Licensee may contact support at info@estockmedia.com. If necessary, eStockMedia will make the files available to the Licensee again.

§ 11 Withdrawal / Cancellation

(1) Cancellation and refunds are excluded for digital content, downloads, and content individually created according to customer requirements (Bespoke Creations) (§ 7 & § 8). A refund shall be issued exclusively as a gesture of goodwill in the event of proven technical file defects and remains at the sole discretion of the Licensor.

(2) A statutory right of withdrawal pursuant to § 355 BGB (German Civil Code) does not exist for the products offered by the Licensor, as these consist exclusively of digital content or content individually created according to customer requirements that are not delivered on a physical data carrier. By acquiring the content, the Licensee expressly agrees that the Licensor shall begin the execution of the contract immediately upon completion of the purchase, and that the right of withdrawal thereby expires pursuant to § 356 para. 5 BGB.

§ 12 Proof / Audit

(1) Upon reasonable request, the Licensee shall provide sample copies, access to restricted performances, and verifiable evidence (invoices, delivery notes, order confirmations).

(2) The Licensor is entitled to audit usage documents (either personally or through third parties) after providing reasonable notice. If the audit reveals an underpayment of ≥ 5% of the amounts due, the Licensee shall bear the difference as well as the reasonable costs of the audit.

§ 13 Copyright Notice

(1) For public use of the content, it is not mandatory to include a copyright notice. If a copyright notice is applied, it may take the following form:
"© eStockMedia" or "© estockmedia.com".

(2) For editorial use of the content, the inclusion of a copyright notice is mandatory.

(3) The name and logo of the Licensor may only be used to the extent necessary for proper copyright attribution. Any use beyond this for promotional or trademark purposes is prohibited unless express written consent has been obtained from the Licensor.

§ 14 Warranty and Liability

(2) The content is provided in the condition it is in at the time of provision ("as is"). No specific quality or fitness for a particular purpose is guaranteed.

(3) If content is marked as editorial, the Licensor assumes no warranty or liability for the existence of necessary rights regarding depicted persons, trademarks, buildings, or other property. The procurement of corresponding releases is the sole responsibility of the Licensee.

(4) The Licensor is liable without limitation in cases of intent and gross negligence, as well as for injury to life, body, or health.

(5) In cases of simple negligence, the Licensor is liable only for the breach of essential contractual obligations (cardinal obligations). In this case, liability is limited to the contractually typical, foreseeable damage.

(6) Any further liability of the Licensor is excluded. This applies in particular to indirect damages, consequential damages, lost profits, production downtime, or other financial losses.

(7) The Licensor endeavors to categorize the content appropriately and to provide keywords, descriptions, titles, and other metadata. No warranty is assumed for the accuracy, completeness, timeliness, or error-free nature of this information. The metadata provided serves exclusively for orientation purposes and does not constitute a quality guarantee.

(8) Content is provided "as is" and carries no quality guarantee, no promise of specific suitability, error-free nature, or availability.

§ 15 Withdrawal of Content

(1) The Licensor is entitled at any time and at its own discretion to discontinue, revoke, or restrict the licensing of individual content in whole or in part, without this giving rise to any claims by the Licensee.

(2) If the Licensee is informed by the Licensor or otherwise becomes aware that actual or potential claims exist in connection with a specific piece of content regarding the infringement of third-party rights, the Licensee is obliged to immediately and completely cease the use of the content concerned at its own expense. This includes, in particular, the deletion or destruction of all copies as well as the immediate obligation to require all customers, clients, employers, distribution partners, or other third parties to whom the content has been made accessible to cease use and delete the content accordingly.

(3) The Licensor assumes no liability for damages, expenses, consequential damages, lost profits, production, conversion, or replacement costs incurred by the Licensee or third parties as a result of the withdrawal of content, the restriction of use, or the discontinuation of use.

(4) As a sole and final remedy, the Licensor may, at its own economic discretion, provide the Licensee with replacement content free of charge. There is no entitlement to specific, equivalent, or thematically comparable content.

(5) Further claims by the Licensee – in particular for a reduction in price, refund, damages, or reimbursement of expenses – are excluded. The replacement content provided shall be subject to all provisions of this agreement.

§ 16 Indemnification

(1) The Licensee shall indemnify the Licensor against all third-party claims asserted due to any use of the content by the Licensee or third parties attributable to them that is in breach of contract, unlawful, or exceeds the granted scope of the license. This also includes reasonable costs of legal defense.

(2) The Licensor assumes no warranty and no liability for the economic, commercial, or other success of projects, productions, publications, or other ventures of the Licensee realized using the licensed content. In particular, no guarantee is given for sales figures, reach, profit generation, market acceptance, advertising impact, or other desired results. Use of the content is at the Licensee's own risk.

(3) The Licensor guarantees that it is the owner of the necessary rights to the licensed content and is entitled to grant the corresponding usage rights. However, the Licensor assumes no warranty and no liability that the use of the licensed content by the Licensee is free of third-party rights or does not infringe any trademark rights, personality rights, naming rights, design rights, or other industrial property rights of third parties.

(4) The legal review of the specific use of the content as well as the obtaining of any necessary additional permits, consents, or rights are the sole responsibility of the Licensee.

§ 17 User Accounts

(1) The Licensee is responsible for all activities that occur through their user account. In particular, the Licensee undertakes to:
a) treat their access data (username and password) confidentially and protect it from access by unauthorized third parties,
b) inform the Licensor immediately of any unauthorized use of the user account or other security breaches, and
c) assume full responsibility for all actions taken through their user account.

(2) The Licensor is entitled to monitor downloads and user activities to the extent necessary to ensure compliance with this agreement.

(3) In the event of a violation of these GTC, in the case of abusive use, or if there is suspicion of account sharing or any other circumvention of the license terms, the Licensor is entitled to temporarily or permanently block access to the user account and to initiate further legal action.

§ 18 Data Protection

(1) The processing of personal data is carried out in accordance with the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR).

(2) Further information on the nature, scope, and purpose of data processing can be found in the Privacy Policy at www.estockmedia.com, which is an integral part of this agreement.

§ 19 Final Provisions

(1) Amendments or supplements to these General Terms and Conditions must be made in text form (e.g., email).

(2) Should any provision of these General Terms and Conditions be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a regulation shall be deemed agreed upon that comes closest to the economic purpose of the invalid provision.

(3) In addition to these General Terms and Conditions, the eStockMedia License Agreement is also an integral part of this contract.

(4) The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

(5) The contractual language is German. Translations into other languages serve exclusively for information purposes. The German version shall be solely authoritative.

(6) The place of jurisdiction – to the extent legally permissible – is the registered office of the Licensor.