David Capellari Photography is a brand of

TWENTY3 MEDIA e.U.

Valentingasse 15/3
1230 Wien
AUSTRIA

office@davidcapellari.com
davidcapellari.com

Photography Terms & Conditions

Rights & Restrictions

TWENTY3 MEDIA e.U. grants a non-exclusive, non-sublicensable and non-transferable right to use and reproduce the licensed photographs identified in the invoice and solely to the extent explicitly stated on the invoice, starting on the day the invoice is paid in full. Seeking an exclusive right for use and reproduction of the photographs requires an explicit written permission from TWENTY3 MEDIA e.U.

Any resale, disclosure or transfer of rights to a third party is strictly prohibited without the consent of TWENTY3 MEDIA e.U.

TWENTY3 MEDIA e.U. retains the right to publish the photographs in any form and medium whatsoever (print, web, etc.) on the use of photographic work or deliver to third parties copies of photographic work.

TWENTY3 MEDIA e.U. has the right, in publications, on its website, at exhibitions and events, during contacts with potential clients or other similar circumstances, overriding its collaboration with the client and refer to the photographic work done unless a confidentiality clause was signed in advance with the client.

The copyright remains the exclusive property of TWENTY3 MEDIA e.U. and the copyright note “©David Capellari“ is required for each use of the photographs.

The use of licensed photographs is strictly limited to the media, placement, type of use, period of time, print run, photo size, territory and any other restrictions specified by TWENTY3 MEDIA e.U.

Licensed photographs may be cropped or otherwise edited for technical quality, provided that the editorial integrity of the photographs are not compromised, but shall not, under any circumstances, otherwise be altered.

Any licensed photograph shall not be incorporated into a logo, corporate ID, trademark or service mark, without obtaining the prior written consent of TWENTY3 MEDIA e.U.

The licensee may not make the licensed photographs available in a manner intended to allow or invite a third party to download, extract, redistribute or access the photographs as a standalone file.

The payment of the invoices shall be made without any reduction within 10 days. In the case of delayed payment, an interest for default to the amount of 10 % shall herewith be deemed agreed.

Copyright Infringement

Any commercial use of the content which has not been agreed to by TWENTY3 MEDIA e.U. with the issuing of a commercial license agreement, or about which TWENTY3 MEDIA e.U. has not been informed, will be considered as unlawful, and the publisher will be held liable for copyright infringement.

As the copyright holder of the content, TWENTY3 MEDIA e.U. is entitled to retroactively request monetary compensation for any sort of copyright infringement. Please note that TWENTY3 MEDIA e.U. reserves the right to additionally request for compensation due to over-production (including but not limited to printing, public display, advertising) and the thereby resulting devaluation of RYLAND's works.

In addition to license fees, TWENTY3 MEDIA e.U. furthermore reserves the right to request for additional monetary compensation in case of failure of copyright or credit attribution (crediting David Capellari), which shall be included nearby or inside the image display. Such additional fees may vary from, but are not limited to, 50% to 100% of the total license value. TWENTY3 MEDIA e.U. reserves the right to attribute and determine these additional fees for each individual case accordingly.

Website Terms & Conditions

Conditions of use

By using or accessing davidcapellari.com and the information, material, products or services provided therein by TWENTY3 MEDIA e.U., you agree to be legally bound by the terms & conditions of this agreement.

If you do not agree with the terms & conditions of this agreement, do not use or access davidcapellari.com or information, material, products or services provided therein. This agreement is between you and TWENTY3 MEDIA e.U. and is effective at the date of your first use or access of this website.

You further agree that TWENTY3 MEDIA e.U. may change, alter, amend or replace all or any part of this agreement at any time, that such changes, alterations, amendments or replacements shall be effective as of the time of posting.

The use of this website is at your own risk. This shall cover e.g. the downloading of content and / or any possible damage or negative impact resulting from such a download to your computer system or any other technical appliances, this including the loss of data. If, however, there is a case of liability on the part of TWENTY3 MEDIA e.U. for whatever legally established reason, liability shall be limited to incidents of damage due to intent or grossly negligent behaviour, or due to the infringement of a major contractual duty hereunder.

Ownership of photographs

All photographs used on davidcapellari.com are the exclusive property of TWENTY3 MEDIA e.U. and are protected under international copyright laws. Any commercial use of any photographs requires explicit written permission and a commercial use license agreement, issued by TWENTY3 MEDIA e.U.

Ownership of content

You acknowledge and agree that any and all information, material, products and services, including photography, data, databases, graphics, text, stock images, files, software, interfaces, web pages, product names, company names, trademarks, logos and trade names contained on davidcapellari.com (collectively the "content"), including the manner in which the content is presented or appears and all information relating thereto, is protected by copyright and are the exclusive property of TWENTY3 MEDIA e.U., its licensors or third parties, as indicated.

Notice of liability

Although the content of davidcapellari.com has been prepared administering the utmost care, TWENTY3 MEDIA e.U. shall not be liable for the up-dating, completeness or correctness of the website. Equally, this website contains links to external websites outside our sphere of influence. For this reason TWENTY3 MEDIA e.U. cannot accept any liability for this aforementioned external content. Rather, the provider or operator of the same shall be responsible for it.

Collection of Information

TWENTY3 MEDIA e.U. collects personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by the visitors. This information is only used to fulfill your specific request, unless you give TWENTY3 MEDIA e.U. permission to use it in another manner, for example to add you to the mailing list.

Commitment to Data Security

Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information.

Cookie/Tracking Technology

The website may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the website, and understanding how visitors use the website. Cookies can also help customize the website for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

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