Information in accordance with Section 5 TMG
Journalism and Consulting
Adress of Office in Italy on request.
VAT indentification number in accorance with Section 27 a of the German VAT act
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.
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.
Quelle: translate-24h Deutsch-Englisch Übersetzungen
TERAMS AND CONDITION OF INVESTIGATIVE JOURNALISTIC WORK BY CEO VALERIE LUX
Valid in this version from calendar year 2020
Delivery and terms and conditions of the freelance journalist Valerie Lux
These terms and conditions apply to text, video, radio and image contributions (material). Delivered material always remains property of the journalist Valerie Lux. It is temporarily left to exercise the rights for the types of use sent by her in the offer. The use as archive material is to be agreed separately.
The delivery of the material and the granting of rights of use are subject to the following terms and conditions, unless otherwise stated in Valerie Lux's offer or otherwise agreed in writing. Different terms and conditions of the customer only apply if they have been confirmed in writing. General terms and conditions of the customer are hereby rejected. German law also applies to deliveries abroad.
Every agreed and every further use of the material is subject to a fee. The amount of the fee depends on the type and scope of use and must be agreed in advance. The statutory minimum claim for adequate remuneration (Section 32 UrhG) remains unaffected. The heading "Note" also applies. Fees are always net fees without VAT. Fees are payable immediately after publication, at the latest one month after the declaration that the contribution has been accepted. If the customer has not expressly stated in the contract that the material will not be offered to other media, Valerie Lux can offer the material to other media without further commitment to the customer.
In addition to the agreements made, the provisions of the Copyright Act apply to every use. The rights granted apply only to the agreed purpose, language area and scope for single use. Any reuse or other expansion of the originally granted right of use is only permitted with the prior written consent of the journalist. This applies in particular to the release of the material for advertising purposes. Granted usage rights cannot be transferred without the approval of the journalist even if the transfer takes place as part of the total sale of a company or the sale of parts of a company (Section 34 (3) of the German Clock and Watch Act). This clause is a separate agreement according to Section 34 (4) UrhG. Exclusive rights or blocking periods must be agreed separately. The customer may not pass on the material or transfer rights to third parties without the prior written consent of the journalist. The material may not be stored in a database system or otherwise electronically processed or processed without the prior written consent of the journalist, especially not in online systems (internet, intranet, mail systems, etc.).
Falsifying or misleading changes of pictures by adding or leaving out are not permitted. The material may not be disfigured or otherwise impaired within the meaning of Section 14 UrhG. This applies in particular to the processing of the material through the use of electronic aids. The material may only be used for editorial purposes. The tendency must not be alienated or falsified. The customer is obliged to observe the journalistic principles of the German Press Council (press code and guidelines). Assemblies must be identified as such and shown in the publication. The specification [M] (letter M in square brackets) must be used. A copyright notice within the meaning of Section 13 of the Copyright Act is always required and in a way that leaves no doubt as to the identity of the author and the assignment to the individual contribution. Proof of collection is only sufficient if it can be deduced from them that the author is unequivocally assigned to the contribution. The transfer of secondary rights to collecting societies is reserved. With the acceptance of the fee the permission to exercise further rights by the customer is not connected. The customer is obliged to provide the journalist with a specimen copy in accordance with § 25 publishing law to deliver free of charge.
If the purchaser intends to use the material other than the agreed one (e.g. advertising), he must obtain the consent of the persons depicted or named before this use. If the purchaser does not obtain the consent, he must release the journalist from third party claims for damages. If the journalist is not named in accordance with § 13 UrhG or if the customer violates § 14 UrhG, the journalist is entitled to compensation in the form of a surcharge of 100% to the respective usage fee plus any administrative costs, unless the customer can prove that a damage or there is no impairment at all or is significantly lower than the surcharge plus administrative costs. The customer has to release the journalist from third party claims resulting from the omission of the copyright notice or distortion of the work.
Insofar as a certain success is owed through the cooperation (contract for work), the following applies with regard to the guarantee: If the delivered material is defective, the customer can initially only request improvement. The defect must be reported by telephone within two working days after receipt of the shipment and in writing after a further three working days; in the case of technical and other hidden defects within ten days of discovery in writing. If rectification is not possible or is disproportionate in terms of cost, the client can only reduce the fee for the respective defective contribution or withdraw from the individual order; further claims for damages are excluded. The same rules apply if a right of use is granted to a contribution that has already been created (purchase contract). If a certain service is owed through the cooperation (service contract), a guarantee is excluded.
The client bears the sole press, civil, - data protection and criminal responsibility for the publication of contributions, including the handling of contributions or their content in his area of responsibility before or after publication (editing and other operations as well as the transfer of rights to third parties) . Without further agreement, the journalist therefore assumes no liability for the rights of third parties due to publication by the client, if these third parties are mentioned or depicted in published articles, nor any express or implied guarantee for their personal, data protection, trademark or copyright law - and property rights as well as other claims or fines as a result of publication by the client or other handling by the client of the contributions before or after publication (editing and other operations as well as the transfer of rights to third parties). The client is regularly responsible for clarifying such rights; the client must bear the possible costs of a legal examination of the admissibility of a publication. If there is a dispute between the journalist and the client as to whether a guarantee for certain rights of third parties has been assumed or what has been agreed as the intended property of the material and permissible use, the client is obliged to provide proof of the content of the agreements, these must always be made in writing.
As far as third parties or state institutions in Germany and abroad raise claims or press-, because of the use of the material (publication including handling of contributions or their content in his area of responsibility before or after publication (editing and other operations)), To initiate or enforce data protection and criminal law sanctions, the client shall indemnify the journalist from all associated costs, unless the journalist is liable to the client in accordance with the preceding paragraphs. This also applies if the client transfers the rights to the contribution to third parties. The client is advised of the possibility of taking out financial loss liability insurance for reporting (in word and / or image and / or sound). Alternatively, the client can agree with the journalist that he will take the risk for an agreed surcharge on the fee with regard to a precisely defined purpose, such an agreement must always be recorded in writing. At the same time, it is pointed out that insurance against fines (e.g. from the data protection authorities) does not appear to be possible and is therefore generally not covered by the aforementioned insurance options, i.e. the client himself has to create corresponding pension items with which such costs can be incurred or the journalist can be released from costs.
Journalist Valerie Lux maintains her operating systems with paid malware and antivirus programs. It is not liable for damage that occurs to the client in connection with the use of the files supplied by the journalist, be it due to computer viruses in or on emails or comparable transmissions or appendices attached to them, in or in connection with delivered data carriers or from / in devices of the journalist connected to the client's systems. The client is obliged to protect his computer and other digital systems with virus protection programs and other industry-standard measures and to keep these protection systems up to date, as far as this is technically feasible and reasonable. The client is advised by the journalist that the client can take out a breakdown insurance or a comparable insurance against the risk of operational disruptions or failures due to computer viruses or comparable disruptions.
The client can obtain information on this from the Association of the German Insurance Industry, see address above. Defects and consequential harm caused by a defect caused by the journalist or his vicarious agents through an intentional or grossly negligent breach of duty are excluded from the limitations of the warranty for work and services or objects of purchase (rights). These exceptions also apply if the journalist has maliciously concealed defects or guaranteed freedom from defects. Furthermore, damage to life, limb or health due to willful and negligent breach of duty by the journalist or his agents is excluded. The warranty is also not excluded for purchase and work contracts if a main contractual obligation of the journalist has been violated. Note If no other agreement has been made or no collective wage agreement provisions apply, the fees of the Mittelstandsgemeinschaft Foto-Marketing (MFM), which can be seen from the overview of the usual market fees for the allocation of picture usage rights, are for the fee and the rent if the deadline is exceeded as well as the processing costs for picture contributions. or to apply the recommendations of the Mittelstandsgemeinschaft Wort (MFJ) for text contributions. The place of performance for the delivery is the seat of the customer, for the return delivery the seat of the journalist Valerie Lux.