legal disclosure

Information in accordance with Section 5 TMG 

LOVEBRAND is a division of
VOID International Media Group
Krausnickstr. 8
10115 Berlin
GERMANY

Tax number 34/240/53246
Berlin-Mitte

CEO/Founder: Richard R. Breitengraser

Contact Information

Phone: +49(0)3027595-226
E-Mail: hello(at)lovebrand.net
Internet address: www.lovebrand.net

Disclaimer

Accountability for content
The contents of our pages have been created with the utmost care. However, we cannot guarantee the contents' accuracy, completeness or topicality. According to statutory provisions, we are furthermore responsible for our own content on these web pages. In this matter, please note that we are not obliged to monitor the transmitted or saved information of third parties, or investigate circumstances pointing to illegal activity. Our obligations to remove or block the use of information under generally applicable laws remain unaffected by this as per §§ 8 to 10 of the Telemedia Act (TMG). 

Accountability for links
Responsibility for the content of external links (to web pages of third parties) lies solely with the operators of the linked pages. No violations were evident to us at the time of linking. Should any legal infringement become known to us, we will remove the respective link immediately.

Copyright
Our web pages and their contents are subject to German copyright law. Unless expressly permitted by law, every form of utilizing, reproducing or processing works subject to copyright protection on our web pages requires the prior consent of the respective owner of the rights. Individual reproductions of a work are only allowed for private use. The materials from these pages are copyrighted and any unauthorized use may violate copyright laws. 

General terms and conditions of business

AGB / General Terms and Conditions of VOID International Media Group (hereinafter referred to as VIMG), as well as LOVEBRAND (hereinafter referred to as LOVEBRAND).

I. General

The following GTC shall apply to all orders, offers, deliveries, events and services placed with VIMG/LOVEBRAND. They shall be deemed agreed if they are not objected to immediately after the offer is sent. Any deviating terms and conditions of the customer are hereby rejected. Deviating terms and conditions of the customer shall not become valid unless VIMG/LOVEBRAND acknowledges them in writing.

By placing an order, the Customer makes a binding offer to VIMG/LOVEBRAND to conclude the contract with it. Offers previously made by VIMG/LOVEBRAND are subject to change.

The contract is concluded with a verbal or written order confirmation (e-mail is sufficient).

All services provided by VIMG/LOVEBRAND shall be performed exclusively on the basis of the following General Terms and Conditions (hereinafter referred to as "GTC") in the version valid at the time of the order.

VIMG/LOVEBRAND shall be entitled to amend the GTC at any time, provided that the customer consents to the amendment. The customer's consent shall be deemed to have been granted unless the customer objects to the amendment within four weeks of receipt of the amendment notice, which shall contain a reference to the consequences of failure to object.

Cost estimates by VIMG/LOVEBRAND shall only be non-binding estimates of expenditure, unless binding force is agreed in writing in the individual case.

"Images" within the meaning of these GTC shall in particular include all products produced by VIMG/LOVEBRAND, irrespective of the technical form or medium in which they were created or are available. (Examples: Negatives, slide positives, paper images, digital images/still pictures, prints, canvas, posters, etc.).

For the purposes of these GTC, "videos" shall mean all moving images produced by VIMG/LOVEBRAND in the broadest sense, regardless of their technical form. This includes moving images such as videos, video clips, still videos, animations, still images from videos, etc.

Also covered by the GTC are all orders that involve digital processing, changes, modifications of images or videos or the granting of image/video licenses. These terms and conditions shall also apply if changes or modifications are commissioned subsequently (in the sense of an ongoing business relationship).

II Copyright

VIMG/LOVEBRAND owns the copyright to the images and videos in accordance with copyright law. 

The images and videos produced by VIMG/LOVEBRAND are in principle intended only for the Client's own use. If VIMG/LOVEBRAND transfers rights of use to its works, only the simple right of use shall be transferred in each case, unless expressly agreed otherwise. However, no property rights shall be transferred with the transfer of the images or videos. Any transfer of rights of use, in particular to third parties, requires a special agreement. This includes in particular other group or subsidiary companies. 

All internal or external rights of use shall only pass to the Client after full payment of the fee (this shall also include, but not be limited to, partial, advance, partial and final invoices) to VIMG/LOVEBRAND. This shall also apply in particular to the forwarding of preview versions to any other customers or clients. 

When exploiting the images, VIMG/LOVEBRAND may, unless otherwise agreed, demand to be named as the author of the photograph. A violation of the right to be named shall entitle VIMG/LOVEBRAND to damages.

Any use, exploitation, reproduction, distribution or publication is subject to a fee and requires the prior express consent of VIMG/LOVEBRAND. This shall apply in particular to any secondary use or secondary publication, publication on the Internet and on "social media" (examples include facebook.com; tumblr.com; pinterest.com; vimeo.com; instagram.com, including their subdomains and links from other countries to their ".com page"), in particular in brochures accompanying products, in advertising measures or in other reprints, any editing, modification or redesign of the image or video material. Changes to the image or video material by means of montage, composing or electronic aids to create a new copyrighted work shall only be permitted with the prior written consent of VIMG/LOVEBRAND. The image or video material may also not be copied, recreated or otherwise used as a motif.

Irrespective of the scope of the rights of use granted in the individual case, VIMG/LOVEBRAND shall remain entitled to use the images within the scope of its own advertising, e.g. within the scope of its advertising (e.g. in showreels, on its homepage, or its accounts), even if trademarks, work titles or company logos of the Customer or other protected signs are recognisable in this context.

Should concepts, creations, idea papers, layouts, contents or other intellectual property be demonstrably used, processed or similarly applied by VIMG/LOVEBRAND without release, a contractual penalty of 100,000€, in words - one hundred thousand - shall be due immediately and without deduction. This also applies to competitions, pitches or other tenders.

III. fees, expenses

For the production of the image or video material or other services, a fee shall be charged as an hourly rate, daily rate or agreed flat rate plus statutory value added tax; any ancillary costs (travel expenses, studio rentals, speaker/actor fees, expenses, props, material costs, etc.) shall be shown separately and shall be borne by the Client. VIMG/LOVEBRAND shall show the final prices including VAT to end consumers.

In general, unless otherwise agreed in writing: 50% of the order volume is due immediately and without deduction after placing the order. Another 30% after completion of the production/creation. The remaining amount in addition to any outlays, expenses, etc. is due after finalization of the project, no later than 7 days after invoicing. 

If a time-based fee has been agreed, VIMG/LOVEBRAND shall receive the agreed hourly rate in the event of an extension of the recording work. If, in the case of an agreed lump-sum fee, the agreed time for the recording work is significantly exceeded (by more than 15%), the additional expenditure shall be remunerated accordingly on the basis of the agreed lump-sum fee.

Due invoices are to be paid immediately without deduction. The Client shall be in default if it does not settle due invoices no later than 7 (in words: seven) days after receipt of an invoice or equivalent request for payment. All delivered projects/videos/creatives remain the property of VIMG/LOVEBRAND until full payment has been made. Should payments (partial, advance, partial, final invoices, etc.) not be made on time, VIMG/LOVEBRAND shall be entitled, without any deductions, to cancel or stop work on current projects. Here we refer separately to paragraph II, copyright from these terms and conditions. (All rights of use, internal or external, shall not pass to the Client until the fee has been paid in full to VIMG/LOVEBRAND (this also includes, but is not limited to, partial, advance, partial, final invoices). This shall also and in particular apply to the forwarding of preview versions to any further customers or clients. )

If the Client has not given VIMG/LOVEBRAND any express written or verbal instructions regarding the design of the image/video material, complaints regarding the image conception and the artistic/technical design shall be excluded. If the Client wishes to make changes during or after the production of the recording, he shall bear the additional costs. VIMG/LOVEBRAND retains the right to remuneration for work already begun. The fee shall be paid in full even if the commissioned and delivered image/video material is not published, accepted or used for the intended purpose.

A set-off or the exercise of the right of retention is only permissible against undisputed or legally established claims of the customer.

The transfer of the rights of use shall be subject to the condition precedent of the complete fulfilment of all fee claims on the part of VIMG/LOVEBRAND by the Client.

In addition to the fee, in the case of the production of physical products such as print media in the broadest sense including posters, flyers and stickers, all types of advertising material, merchandise or sound recording products, the sending of three specimen copies is agreed.

If the time scheduled for the execution of the order is significantly exceeded for reasons for which VIMG/LOVEBRAND is not responsible, the fee shall be increased accordingly, if a flat rate was agreed. If a time fee has been agreed upon, VIMG/LOVEBRAND shall also receive the agreed hourly or daily rate for the waiting time, unless the Client proves that VIMG/LOVEBRAND has not incurred any damage. In the event of intent or negligence on the part of the Client, VIMG/LOVEBRAND may also assert claims for damages. 

If an appointment has been agreed and this is cancelled for reasons for which VIMG/LOVEBRAND is not responsible, VIMG/LOVEBRAND shall be entitled to invoice for the scheduled time or the flat fee if such has been agreed.

In the event of cancellation/cancellation of an order (as a substitute for a released offer) by the customer, a cancellation fee shall be due on a staggered basis as follows:

- up to 10 days before the order date 50% net of the fee

- up to 3 days before the order date 70% net of the fee

- up to 48 hours before the order date 100% net of the fee

The following provisions apply to travel expenses: The production takes over the travel arrangements for all team members. 50% of the agreed daily fee is due for each day of travel. Travel expenses will be covered 100% by the client. For any on-site appointments requested by the client, such as workshops, visits, etc., a flat rate of € 500.00 / day will be charged. Overnight stays will be at least in 4 star hotels (or equivalent). For travel by air, up to 3 hours flight an economy ticket applies. From 3 hours the customer has to pay for business class tickets. When travelling by train, 1st class tickets apply. When travelling by rental car, the client has to pay the full amount, including fuel & insurance (fully comprehensive). If you travel with your own car, a flat rate of 0,50€/kilometer applies. Should further travel costs arise, these are considered third party costs and will be passed on to the client. A daily flat rate of €60.00 per person involved in the production applies for catering.

IV. Data protection

VIMG/LOVEBRAND shall only be liable for itself and its vicarious agents for the breach of obligations that are not directly related to material contractual obligations in the event of intent and gross negligence. It shall also be liable for damage resulting from injury to life, limb or health and from the breach of material contractual obligations caused by it or its vicarious agents through culpable breach of duty. Unless otherwise agreed, it shall only be liable for damage to photographic objects, originals, films, displays, layouts, negatives or data in the event of intent and gross negligence.

VIMG/LOVEBRAND shall store digital raw data carefully. It shall be entitled, but not obliged, to destroy raw digital data stored by it after 2 years from the termination of the order. 

VIMG/LOVEBRAND is only liable for light resistance and durability of the images within the scope of the guarantee of the manufacturer of the photographic material.

The sending and return of films, images and artwork shall be at the expense and risk of the client. The client may determine how and by whom the return is to be effected.

V. Liability

VIMG/LOVEBRAND shall only be liable for damages, irrespective of the legal grounds, in the event of intent and gross negligence. VIMG/LOVEBRAND shall also be liable for the negligent breach of material contractual obligations (cardinal obligations), i.e. such obligations whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance a contractual partner may regularly rely. In the event of a negligent breach of cardinal obligations, however, VIMG/LOVEBRAND shall only be liable for the damage foreseeable at the time of conclusion of the contract and typical for the contract. Any exclusion or limitation of VIMG/LOVEBRAND's liability shall also apply to the personal liability of its legal representatives, employees and other vicarious agents.

The above limitations of liability shall not apply in the event of injury to life, limb and health, fraudulent intent, the absence of a warranted characteristic or an express assumption of a guarantee. Liability under the Product Liability Act shall also remain unaffected.

VIMG/LOVEBRAND points out that insurance coverage exists in principle for its own equipment. However, this shall not apply to third-party equipment to be used at the Customer's request. In this respect, the customer shall ensure that sufficient insurance cover exists in this respect as well. 

If, at the Customer's request, VIMG/LOVEBRAND is to use Customer-owned equipment or equipment provided by the Customer that is owned by third parties, the Customer shall ensure that such equipment is adequately insured against damage or loss. In such a case, the use of the equipment at the request of the customer is carried out under exclusion of any liability.

VI Ancillary Obligations

The Client warrants that it holds the reproduction and distribution rights to all originals provided to VIMG/LOVEBRAND and, in the case of portraits, the consent of the persons depicted for publication, reproduction and distribution. Third-party claims for compensation based on the breach of this obligation shall be borne by the Client.

The client undertakes to provide the objects to be photographed in good time and to collect them again immediately after the photograph has been taken. If the client does not collect the objects to be photographed within two working days at the latest after being requested to do so, the photographer shall be entitled to charge storage costs, if applicable, or to remove the objects from storage at the client's expense if his studio rooms are blocked. Transport and storage costs shall be borne by the client.

VII Failure to perform

If VIMG/LOVEBRAND provides the Client with several images or videos to choose from, the Client must return the images or videos not selected within one week of receipt - unless a longer period has been agreed - at his own expense and risk. The photographer may demand payment for lost or damaged images, provided he is not responsible for the loss or damage.

This also applies to digital images, (digital) image cut-outs, videos, video sequences, video cut-outs, still images, stills or similar. As a rule, these are to be deleted and may not be used or used in any altered form.

If VIMG/LOVEBRAND provides the Client with images or videos from its archive, the Client shall return the images or videos not selected within one month of receipt by the Client, and the selected ones within one month of use, or delete them in the case of digital material. If the Client defaults on the return, VIMG/LOVEBRAND may charge a blocking fee of 1 (in words: one) Euro per day and image/video, unless the Client proves that no damage has been incurred or that the damage is lower than the flat rate. In the event of loss or damage that precludes further use of the images, VIMG/LOVEBRAND may demand compensation. As a rule, the compensation amounts to 1000 (in words: one thousand) Euro for each original and 200 (in words: two hundred) Euro for each duplicate, unless the Client proves that no damage has been incurred or that the damage is lower than the lump-sum compensation. VIMG/LOVEBRAND reserves the right to claim higher damages. The amount of the damage shall be based in particular on the current tables of the professional associations for photographers and artists or the market value to be proven in another way.

Delivery dates for images shall only be binding if they have been expressly confirmed by VIMG/LOVEBRAND. It shall only be liable for exceeding deadlines in the event of intent and gross negligence.

VIII. Additional equipment (esp. drone footage)

If the customer wishes pictures/videos, for whose production he wishes civil camera drones, multicopters, similar unmanned aerial vehicles (in the following "drones") or vehicles or these are necessary, then he has to carry the additional costs which originate from this. 

These services are provided exclusively within the framework of the applicable safety requirements as well as the applicable laws and official permits. The customer may not commission or demand services outside these framework conditions.

In particular, this applies to the following framework conditions:

- no flight activities during rain or thunderstorms

- no flight activities before sunrise or after sunset (deviations only possible with special permission)

- Flights maximum up to wind speeds of 30 km/h

- Flight speeds of the drone up to max. 60 km/h (with Red Epic camera up to max. 40 km/h)

- Visual flight according to VFR rules (flights only with visual contact to the drone)

- maximum flight altitude 100 meters (deviations only possible with special permission)

- maximum distance to the pilot horizontally 500 meters (deviations only possible with special permission)

- no overflight of persons (deviations only possible with special permission)

- Air exclusion zones may not be flown through - no flights at a distance of less than 1.5 kilometres from the boundary

from airfields and 5 kilometres from airports (possible with special permission)

- no flights without ascent permission, as far as this is required according to the legal regulations.

If an official ascent permit is required in accordance with § 16 of the German Air Traffic Regulations (LuftVO) or in accordance with state law, VIMG/LOVEBRAND shall obtain or issue such permit unless otherwise agreed in the individual case. The customer shall bear the costs for obtaining a climb permit.

IX. Image processing

The processing of images or videos on the part of VIMG/LOVEBRAND and their reproduction and distribution, analog or digital, requires the prior consent of VIMG/LOVEBRAND. If a new work is created by photo-composing, montage or other electronic manipulation, it must be marked with [M]. The authors of the works used and the author of the new work are co-authors within the meaning of § 8 UrhG.

The Client is obliged to make this electronic link in such a way that it is preserved in any type of data transmission, in any reproduction on screens, in any type of projection, in particular in any public reproduction, and that VIMG/LOVEBRAND is clearly and unambiguously identifiable as the author of the images or videos.

The Client warrants that it is entitled to commission VIMG/LOVEBRAND with the electronic processing of third-party images or videos if it issues such a commission. The Client shall indemnify the Photographer against all claims by third parties based on a breach of this obligation.

X. Right of withdrawal 

You may revoke your contractual declaration in writing (e.g. letter, e-mail) within two weeks without stating reasons. The revocation must be made expressly; the mere return of received goods or the deletion of digital images/videos is not sufficient. The period begins after receipt of this instruction in text form, however not before receipt of the commodity and/or transmission of the picture/video material (with recurring supply of goods of the same kind not before entrance of the first partial delivery) with the receiver and also not before fulfillment of the duties to supply information in accordance with article 246 a § 1 exp. 2 sentence 1 No. 1 or article 246 b § 2 sentence 1 EGBGB. The timely dispatch of the revocation is sufficient to comply with the revocation period.

The revocation is informal and without giving reasons in the context of a consumer goods to be directed to:

VOID International Media Group / LOVEBRAND
Richard Breitengraser
Monbijoustr.5
10117 Berlin
office@void.berlin

In the event of an effective revocation, the services received by both parties must be returned and any benefits derived must be surrendered. If you are unable to return the goods received in whole or in part or only in a deteriorated condition, you must compensate us for the loss in value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection - as it would have been possible for you in a shop, for example. For the rest, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the goods by not using the goods as an owner and refraining from doing anything that could impair their value.

The received goods are to be returned at our risk, however, you have to bear the costs of the return shipment, provided that the delivered goods correspond to the ordered goods. Obligations to refund payments must be fulfilled within 7 days. The period begins for you with the dispatch of the revocation, for VIMG/LOVEBRAND with its receipt.

XI. Important notes 

Insofar as the contract is directed towards the provision of services, the following special features apply:

Insofar as we begin with the provision of the service at your express request before the expiry of the revocation period, your right of revocation shall expire when the service has been provided in full. For partial services rendered until the revocation, we have a claim to their remuneration. By accepting these GTC, you declare your knowledge of the loss of your right of revocation under the aforementioned conditions.

Insofar as the contract is for the delivery of digital content that is not on a physical data carrier, your right of revocation shall expire if you expressly agree to the performance of the contract before the expiry of the revocation period. By accepting these GTC, you declare your knowledge of the loss of your right of withdrawal under this condition.

The right of withdrawal does not exist if you have acted in the exercise of your commercial or independent professional activity.

The right of withdrawal does not exist if the content of the contract is the delivery of goods that are manufactured according to your specifications and are clearly tailored to your personal needs.

XII Final provisions

The place of performance for all obligations arising from the contractual relationship is Berlin. If both parties to the contract are merchants, self-employed persons, freelancers, legal entities under public law or a special fund under public law, Berlin is also agreed as the place of jurisdiction.

If one or more provisions of these GTC are ineffective, the remainder of the contract shall remain effective. Insofar as the provisions are invalid, the content of the contract shall be governed by the statutory provisions.paragraph

Berlin, 03.12.2020