No separate termination or withdrawal from the license rights is required, as no subscriptions or the like are concluded. There is no right of withdrawal after purchase and therefore there is no right of withdrawal after the order has been placed and paid for. The order is binding and is excluded from exchange.
(9) Deletion of contents:
ROCKETPICS may, at its sole discretion, post, delete and modify Content at any time.
The already licensed contents remain unaffected by this.
If, however, the rights of third parties are affected and if these are violated and ROCKETPICS GmbH is held liable for them, ROCKETPICS GmbH can demand that you immediately delete the content used. Any costs incurred must be borne by the user himself. Please note that all copies and other reproductions already made must also be deleted.
Of course, ROCKETPICS GmbH will provide you with replacement content of similar quality free of charge, which will be selected by ROCKETPICS GmbH at its own economic discretion.
The buyer is solely responsible for the secure storage of the data. In the event of a loss - for whatever reason - a new purchase of the license rights is necessary.
ROCKETPICS GmbH warrants to the best of its knowledge and belief that its work results in Germany and the EU are free from third party intellectual property rights and other rights that would interfere with or exclude contractual use. ROCKETPICS shall ensure that it acquires any rights of third parties that may arise to the extent that it is possible to grant the customer comprehensive rights of use. If the acquisition of rights is not possible in the individual case to the required extent or is not reasonable for cost reasons, the customer must be informed of this in writing in advance.
(12) Exclusion of warranty:
Despite extensive efforts and examination, ROCKETPICS GmbH does not assume any liability for the correctness of the deposited metadata, picture titles and picture captions and picture descriptions.
ROCKETPICS GmbH does not assume any warranty for quality or suitability for a particular purpose. In addition, there is neither a guarantee nor a warranty that the use of the images is uninterrupted or even error-free possible.
(13) Limitation of Liability and Indemnification:
As a user, you agree to indemnify ROCKETPICS GmbH and its affiliated business partners, suppliers and artists against all claims for damages, liabilities and costs, and to bear all costs, including attorneys' fees and court costs, and to indemnify the aforementioned companies and persons against all liabilities incurred by you as a user.
This indemnity shall not apply if claims for damages or costs have been incurred due to changes caused by you. Deliberately or unconsciously. Further, if you continue to use any Content in spite of notice and knowledge that such Content has been claimed for infringement of third party rights, you will not be indemnified.
(14) General Provisions:
★ Severability Clause
If any provision or provisions of this Agreement are found to be invalid, illegal or unenforceable in whole or in part, the validity, legality and enforceability of the remaining provisions shall not be affected thereby. Such terms will be modified only to the extent necessary to make them enforceable.
Waiver. No act of either party other than an express written waiver shall be construed as a waiver of any provision of this Agreement.
★ Completeness Clause
Provisions of this Agreement may not be added to or removed from this Agreement unless such change is made in writing and accepted by both parties in writing or electronically executed by ROCKETPICS GmbH and subsequently accepted by you in writing. In the event of any conflict between the terms of this Agreement and the terms of any Purchase Order submitted by you, the terms of this Agreement shall prevail.
Messages that must be sent to ROCKETPICS GmbH under this Agreement must be sent by e-mail to firstname.lastname@example.org
. All notifications to you will be sent by e-mail to the e-mail address provided when ordering.