This contract regulates the rights and obligations of commercially active contracting partners of Michelangelo Travel S.l.r, in so far as they download photographs from the website italiafoto.de in accordance with the conditions defined below. By clicking on the 'I agree' button of the browser on this page and downloading a work from this website, you are expressing your consent, as a customer and contracting partner of Michelangelo Travel S.l.r, to be bound by the terms of this contract. If you do not consent to these terms you are not entitled to download works from this website or to make use of them in any way.

The right to download photographic works from this page is granted by Michelangelo Travel S.l.r only to commercially active customers. The grant of this right remains open and is non-exclusive, and is subject to the following terms and conditions of business.

1. Description of the website italiafoto.de

The website italiafoto.de offers you, as a commercial active businessperson, a photographic download shop where you can download photographic works.

The website can be accessed by all visitors in the first instance. It provides a list of all the works to be found on the website, a search engine to enable you to find specific works and motifs and a function for downloading the works.

Those visitors who are customers of our partner companies will be sent their log-in data by the partner company directly.

Commercial customers who are not registered with our partner agencies have the option of either putting their chosen pictures directly in their shopping basket and paying by means of PayPal, or else of registering with Michelangelo Travel S.l.r. A customer account will then be created for them, with the help of which they can select pictures and pay by means of the payment function provided.

2. General provisions and agreements

By making use of this website you agree to recognise the General Terms and Conditions of Business of this contract, and accept that you are bound by these conditions. If you do not consent to the General Terms and Conditions of Business of this contract, you do not have the right to download photographic works from this website (or in fact the possibility of doing so).

Michelangelo Travel S.l.r reserves to itself the right to modify these General Terms and Conditions of Business at any time, either in whole or in part. These changes will come into force immediately on being published on the website italiafoto.de. By continuing to use the website after such changes have come into force you are implicitly recognising the General Terms and Conditions of Business of this contract in their modified form. If you do not consent to the modified General Terms and Conditions of Business of this contract, you are obliged to discontinue your use of the website and cease to visit it.

The photoshop italiafoto.de is available for use only by adult persons and firms active as businesspersons and authorised to conduct business, in other words only by commercially active natural and juridical persons. Businesspersons not of mature age may become customers if they are under the supervision of a parent or guardian, and if this parent or guardian declares that he or she accepts responsibility for the use of the  website italiafoto.de and admits liability in his or her own right for obligations that may arise from the use of the photoshop.

A customer account may not be sold or transferred in any other way to a natural or juridical person. If you are using the photoshop as the representative of a juridical person, you as the direct user must guarantee that you have authorisation to commit this juridical person to the terms of the present contract. Otherwise you will be personally liable for your use of the website.

Customers are not allowed to mask their true identity by making false statements.

The website italiafoto.de may not be used in breach of contract or in any way that violates other legal requirements of national or applicable international provenience.

Visitors and customers of the website italiafoto.de are forbidden to obtain access to any hardware or software systems or networks linked to this website without authorisation, or to utilise services or bring up information which Michelangelo Travel S.l.r has not expressly made available at the website for the use of visitors and customers. Visitors and customers of the website are moreover forbidden to access the customer accounts of other natural or juridical persons and users or in any other way to interfere with the use of the website by another user.

3. Grant of licences and scope of rights of use

Photographs may only be downloaded and used in keeping with the General Terms and Conditions of Business of this contract.

After you have downloaded photographs from this website under this contract, your right of use as a customer does not entitle you to reproduce them or to create derivative works based on the works that appear on the website.

The parties to the contract are agreed that the rights of ownership in respect of the photographs cannot be transferred. Thus the sale of photographs through the  website italiafoto.de is neither possible nor permissible. You recognise and accept that Michelangelo Travel S.l.r or its licensor retains all rights of ownership in respect of the works and that these works are protected by copyright, brand rights or other intellectual property rights of Michelangelo Travel S.l.r or its licensors.

Michelangelo Travel S.l.r hereby grants to you as a commercially active customer, for every photograph lawfully downloaded from the website italiafoto.de, a non-exclusive, non-transferable licence, temporally limited to the period of 1 year, to save and reproduce the works acquired from Michelangelo Travel S.l.r and to make use of them commercially in multimedia applications (including the internet) or in catalogues and other printed works. A downloaded photo may only be published in a maximum of three different advertising media. The maximum number of 3 advertising media will also have been reached if publication of a photo takes place in 3 different advertising media of the same category.

The maximum 1-year period begins with the time of the download of the photograph from the website italiafoto.de. After this time, printed products containing the photo may no longer be put into circulation on the basis of legal transactions; digital photos in multimedia applications or on the internet must also be removed.

The content of the website italiafoto.de may not be hired out, sold, sub-licensed, transferred or in any other way handed over to third parties.

4. Administration of the website italiafoto.de

Michelangelo Travel S.l.r reserves to itself the right at any time to modify or discontinue any or all of the services it provides at the website italiafoto.de. You hereby recognise and accept that Michelangelo Travel S.l.r is under no obligation to provide the website or specific parts of the website or the services you avail yourself of or to continue to make them available. Michelangelo Travel S.l.r reserves to itself the right to freeze your customer account at any time, including the deletion of your user name and password.

5. Credits, payments and the payment system

Unregistered customers who do not have a customer account can only download photographs and make use of them in accordance with the present General Terms and Conditions of Business if they have accepted PayPal as a payment system, and pay by means of PayPal. They can then select any pictures they like from the website and put them in their shopping basket. As soon as the incoming payment has been registered, the customer will be sent the link requested for the download of the works, together with an electronic invoice.

In view of the fact that all customers of the website italiafoto.de operated by Michelangelo Travel S.l.r are commercially active customers, the prices stated for the photographs are in every case net prices, to which VAT must be added at the currently applicable rate.

Those customers who are tour organisers will receive credits for every trip they book with the company Michelangelo-Travel. Michelangelo Travel S.l.r will exchange the credits for the right to download photographs from the website italia-foto.de in order to make use of them in accordance with the present General Terms and Conditions of Business. When photographs are downloaded the tour operator's credits will be deducted. Once all the credits have been used up, pictures may only be obtained against payment using PayPal.

The credits cannot be acquired by purchase, nor can they be cashed in for money. The tour organiser will not receive an invoice for the cashing of credits with Michelangelo Travel S.l.r.

6. Customer accounts

Customers have the option of registering at the website italiafoto.de and then acquiring pictures on the basis of this registration. You hereby acknowledge your obligation to keep your user name and the customer account provided secret, together with the password chosen by you and authorised by Michelangelo Travel S.l.r for use in connection with your user name and password. The user name, customer account and password are provided for you personally, and may not be made available or passed on to another natural or juridical person.

You hereby agree with Michelangelo Travel S.l.r that you alone are responsible for the use of your customer account, user name and associated password, and that Michelangelo Travel S.l.r may see your use of the customer account, user name and associated password as proof of the fact that you have made use of the website and so entered into the rights and obligations associated with its use.

7. Rights of third parties to the photographs

Michelangelo Travel S.l.r hereby expressly declares that to the best of its knowledge and based on careful checking of the possible rights of third parties, it is the sole possessor of all rights of use in respect of all the photographs published at the website italiafoto.de, and that it is entitled to dispose of the rights of use to others on the basis of and within the limits of the present General Terms and Conditions of Business.

This does not involve the declaration of a guarantee that the photographs are not subject to the rights of third parties (cf. article 9 of these General Terms and Conditions of Business).

The parties hereby expressly declare that they are authorised to conclude this contract.

8. Liability of the customer

You as a customer hereby declare that you will indemnify Michelangelo Travel S.l.r or any other parties entitled to indemnification for all claims, costs or other circumstances giving rise to a liability arising from the violation of the terms of this contract by yourself or from any use of the website in breach of contract, including use based on your customer account or user name, whether or not such use has been authorised by you. This liability includes claims or legal actions by third parties against Michelangelo Travel S.l.r based on the violation of rights of intellectual property, disparagement, libel or other similar injury, violation of the rights of individual privacy, violation of rights in respect of the ownership of a picture or as a result of the misleading representation, deformation, distortion or modification of works or other materials and contents, whether or not the act has been deliberate.

Michelangelo Travel S.l.r shall be entitled to defend itself with the defence counsel of its choice against claims and legal actions of third parties or in case of other kinds of litigation subject to indemnification by you. You hereby undertake to work with Michelangelo Travel S.l.r in all ways to counter such claims, legal actions or litigation.

9. Limitations and exclusion of liability

The parties hereby agree that neither Michelangelo Travel S.l.r nor those persons who at any time are its managing directors, members of staff, proprietors, representatives, third party licensors or licensees shall be liable for any kind of direct, indirect, coincidental or consequential damages that may arise from the use of the website italiafoto.de, even if the parties have been warned of such damages or of the possibility of such damages occurring.

Michelangelo Travel S.l.r provides no explicit or implicit guarantee or warranty of marketability or of the suitability of this website and the photographs saved there for any specific purpose. In particular Michelangelo Travel S.l.r gives no guarantee of the non-violation of copyright, brand rights or other intellectual property rights by the photographs that it supplies on the website italiafoto.de, nor can it be guaranteed that the services and other materials and contents provided on the website italiafoto.de are free from viruses, worms, trojans and other codes with destructive and/or damaging functionality.

Michelangelo Travel S.l.r hereby explicitly declares that it has carefully and conscientiously taken steps to assure itself that the photographs it makes available on this website for download are free from any rights of third parties that could go against the objectives aspired to by this contract.

Michelangelo Travel S.l.r further declares that it regularly and conscientiously, within the limits of what may reasonably be expected, has the website italiafoto.de checked by expert technicians and web specialists to see whether the services or other materials and contents provided are free from viruses, worms, trojans and other codes with destructive and/or damaging functionality.

10. Validity and termination of this contract

This contract has been concluded for an indefinite period, in so far as it be not terminated in accordance with the terms of the present article 10.

The contract may be terminated by Michelangelo Travel S.l.r at its own discretion at any time, without stating the reason, in view of a violation of any obligations based on this contract by yourself or in view of inactivity with reference to the use of the website.

You as a customer may terminate this contract at any time by logging into your customer account on the website and sending a notice of termination to Michelangelo Travel S.l.r.

In case the contract should be terminated for whatever reason, Michelangelo Travel S.l.r hereby undertakes to notify you of the termination of the contract and to send you an electronic communication to this effect.

11. Effects of termination

If the contract should be terminated, your customer account will be deleted and your user name and password disabled. Your rights and claims in respect of all credits will furthermore lapse.

The termination of this contract does not release the parties from any obligations of payment that may have arisen before the termination of the contract.

12. Miscellaneous

In what concerns its interpretation, this contract is subject to the law of the Federal Republic of Germany. The judicial competence that applies shall be that of the Zivilprozessordnung [German Civil Code] in its most recent version.

On the basis of this contract there exists between Michelangelo Travel S.l.r and yourself a relationship of independent contracting partners.

The parties hereby acknowledge that they are each responsible for their own taxes and charges in connection with the use and distribution of the materials on the website and that they must pay VAT and similar taxes that may be levied by an authority in connection with the use of the website.

Michelangelo Travel S.l.r reserves to itself the right to transfer to a legal successor any or all of its rights and obligations based on this contract. You as customer are not entitled to transfer your rights and obligations arising from the present contract to a legal successor as a legal transaction.

The contract should benefit Michelangelo Travel S.l.r and yourself, and is binding for all universal legal successors.

When the context does not contain any special indication to the contrary, the singular may be understood as implying the plural (and vice versa), and the masculine as implying the feminine and neuter.

If one or more of the stipulations of these General Terms and Conditions of Business should be ineffective or invalid or legally impossible of fulfilment, the other stipulations shall not be affected thereby.