Terms of Use and Licensing for Image Downloads

Please read the following License Terms carefully before choosing to license an image via download. The License Terms reflect your rights and obligations which you agree to anyway according to German copyright law. Regulations apply to the license relations between the copyright holder of an image ("author") and you the licensee ("licensee"). toonpool.com GmbH ("toonpool") connects both parties in relation to third parties and maintains the technical realization and sales progress of the licensing.

§1 Scope of usage permission

1.1. The author confers the single, spatially and temporally unlimited right to use for the concerning image download ("image") on the licensee which the latter one has chosen during the start of the download process.

1.2. The image is copyright reserved. The author confers the non-exclusive right on the licensee to safe the image and to use it according to the particular license regulations.

1.3. As long as not stipulated with toonpool in written form, the following is inadmissable in particular:

• the renting, sub-licensing or valuable or gratuitous disposal of the image, e.g. distribution as download data or sale of textiles printed with the image;
• creation of a copy, no matter if it is forwarded to third parties on a valuable or gratuitous way;
• presenting images online (web, e-mail, newsletters etc.) sized more than 1,000 pixels (long side);
• using images online when licensed for print or other non-online uses;
• using images in a different context then chosen while setting up the license;
• usage and listing images in image databases and catalogues;
• usage of images directly or in the context of illegal, obscene, offensive, racist or pornographic content.

1.4. The licensee is authorized to edit the image in accordance with the author's moral right in a way which suits his project. Included in this authorization is the connection with other images and clipping of the image.

§2 Crediting the author

2.1. The licensee is obliged to credit the source of the image while toonpool and the author has to be credited. The credit has to be placed in the imprint or directly next to the image depending on the media, in this format: "author's name / toonpool.com".

2.2. If the image is used online, the image credit has to be connected to a hyperlink to the website www.toonpool.com or directly to the page of the image.

2.3. In case of violation of the credit notice, toonpool will demand a surcharge of 100% of the paid fee.

§3 Liability of toonpool

toonpool is fully liable for deliberate action and gross negligence but in ordinary negligence only if essential contractual obligations were violated. Liability in the case of such violation of essential contractual obligation is however limited to contractually typical foreseeable damage which toonpool had to expect because of the known circumstances in the moment of contract formation.

§4 Final clauses

4.1. Jurisdiction is the Law of the Federal Republic of Germany with the exclusion of the UN purchasing law. Exlusive place of jurisdiction for all disputes arising from this agreement is Berlin. Furthermore toonpool is eligble to file a suit at the place of jurisdiction of the artist.
4.2. Should individual regulations of this contract be or become legally ineffective and/or contradict to legal regulations, the contract as a whole will remain unaffected. The ineffective regulation will be replaced mutually with a operative regulation which corresponds as closely as possible to the economic purpose of the ineffective regulation and which is valid. The forgoing regulation is applicable respectively for gaps in regulations.