GENERAL TERMS AND CONDITIONS



maxxmediamotion (short: MMM)

General terms and conditions (acceptance of order)


1 Application of the General Terms and Conditions:

By placing the order with MMM, the client acknowledges the exclusive applicability of MMM's general terms and conditions of sale concerning the entire content. If agreements deviate from this, these must be in writing to be legally effective. The present General Terms and Conditions of MMM shall have priority with regard to any terms and conditions of the client or other third parties involved. For the initiation of business, possible placing of orders or contracts of any kind, the general terms and conditions formulated here shall apply exclusively.


2 Copyright regulations / permission of use:

2.1 By written and explicit agreement, the customer receives the one-time permission of use (publication rights, etc.). MMM is exclusively entitled to all copyrights and ancillary copyrights of the representations (§§ 1, 2 para. 2, 73ff UrhG). The contractual partner acquires a simple (non-exclusive and non-exclusive), non-transferable license for use for the expressly agreed purpose and duration.

2.2 The contractual partner shall be obliged to provide the manufacturer's name (name) or the copyright notice in the sense of the WURA (World Copyright Convention) as amended for each use (reproduction, distribution, transmission, etc.) of approved transfer to third parties. If the data is changed, except for this purpose, the written consent of MMM is required. By using the data provided, the client expressly agrees to the marking by MMM, in cooperation with matterport.com or kuula.co.

2.3 Only after full payment of the agreed recording and usage fee shall the permission for use be deemed to have been granted.

2.4 The general provision of § 42 UrhG (Copyright Act) shall apply.

2.5 For advertising purposes/marketing, MMM may use the created works in any form, irrespective of an upright business relationship, without any time or place restrictions.


3 Ownership of data material - archiving:

After written agreement, MMM shall provide the contractual partner with the data required for the agreed use and period of use against payment of a fee. After expiry of the agreed period of use, the data will be deleted by MMM from all public platforms.


4 Claims of third parties:

4.1 The client / contractual partner shall ensure that any necessary approval is obtained for depicted objects (e.g. works of fine art, brands, photographic originals etc.) or persons. He shall indemnify and hold MMM harmless in this respect completely without restriction, in particular the claims under §§ 78 UhrG and § 1041 ABGB.

4.2 MMM assumes no liability for the content, the visual representation, as well as the representation of persons and their distribution.


5 Performance and warranty:

5.1 MMM guarantees for the careful execution of the order, which can also be carried out by third parties. MMM is free with regard to the type of execution (image interpretation, representation of the place of recording) as well as the application of the optical-technical visualization software, means) of the order - unless the client specifies certain wishes in writing.

5.2 The client must give MMM clear instructions in writing regarding the order. No liability shall be assumed for defects attributable to incorrect or imprecise instructions of the contractual partner (Section 1168a ABGB).

5.3 MMM shall not be liable for any risk or circumstances beyond its control, such as timely provision of data, products and props on time, weather conditions, travel restrictions, etc.

5.4 After the client has signed the acceptance confirmation, the service is deemed to have been provided in accordance with the order. All requests for changes must be made in writing by this time and all documents must be submitted.


6 Fee:

6.1 MMM is entitled to the agreed fee after the order has been placed in writing.

6.2 If the exploitation of the product does not take place or depends on decisions of third parties, MMM shall be entitled to the fee without price reduction.

6.3 If costs arise due to additional orders or subsequent changes (deadline), these shall be borne by the client.

6.4 Above-average organizational effort, or additional conceptual
Consultation/services are charged separately.

6.5 If the client withdraws from the order after it has been placed, MMM is entitled to half the fee.


7 Payments Performance of services:

Reminder charges and the costs of legal intervention - including out-of-court - shall be borne by the contracting party.

8 Recurring services, subscription models, data hosting:

8.1 MMM publishes on request of the client free of charge