Terms Of Service
Contracting party to and user of the following terms and conditions is HDRI.io (hereinafter referred to as HDRI.io)
§ 1 Scope
The business relationship between HDRI.io and the client is subject solely to the terms and conditions stated hereinafter, in their valid version at the time of the completion of the contract. HDRI.io does not accept any deviating conditions, unless HDRI.io has expressly agreed to its validity in writing.
§ 2 Subject matter of the contract
The object of the contract is the acquisition of rights to use the image material available at https://hdri.io/ by you as a customer.
HDRI.io operates an online image database.
The transmission of image material is exclusively digital. For the appropriate use of the respective image material, you will receive a download link after completing your purchase, which is valid for two weeks.
The HDR images offered by HDRI.io are delivered in EXR format with 16 bits per color channel (RGBA).
In addition to the HDR images, HDRI.io offers motif matching backplates in TIFF format with 8 bits per color channel (RGBA).
If you are interested in the raw files for a HDR image or backplate, please contact HDRI.io via shop@HDRI.io.
§ 3 Usage authorization
(1) Customers within the meaning of these terms can only be entrepreneurs, legal persons of private law or legal persons of public law. Minors are not permitted to use our services.
(2) In accordance with german law, an entrepreneur within the meaning of these terms is
- a natural person or
- legal person or
- a legally capable partnership
which is in the exercise of its commercial or independent professional activity, when concluding a legal transaction with us. A legally capable partnership is a partnership that is equipped with the ability to acquire rights and to enter into liabilities.
§ 4 Conclusion of a contract
(1) The presentation of the pictorial material in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. On an overview page, you have the option of selecting your rights of use. By clicking on the order button you send your order data and declare yourself binding offer to HDRI.io to purchase the previously selected rights of use of the image material.
(2) We will automatically accept your offer with the receipt of your order with us. Immediately after sending the order you will receive an order confirmation by e-mail, in which the details of your order are listed again. You will also receive an e-mail with the download links for your order, which is valid for two weeks after receipt of your payment. The text of your order will be saved by us unless otherwise specified in the offer. This text is not available online, but can be sent to you on request. German and English are available as contract languages.
(3) With your order you accept these terms of service in the version valid at the time of your order.
§ 5 Rights of use
(1) The image material provided by HDRI.io always remains the property of the agency/the author. It is provided only temporarily and for the acquisition of rights of use within the meaning of the copyright law.
(2) In the context of the respective order on the online marketplace, you must select the medium, as well as the type and scope of use, in terms of the scope of the rights grant.
(3) Use in a range other than the selected volume or medium is not permitted. The corresponding rights of use must be acquired in addition.
(4) The terms used in the online marketplace are defined as follows:
Non Commercial/Editorial: This worldwide usable license allows any non-commercial or editorial and illustrative use, for example for storytelling or journalism.
Commercial: This worldwide usable license allows commercial use in newsletters and business presentations, in social media ads, on Web pages, in app content (also in free apps) and in advertising.
Upgrade: You extend your already acquired rights of use to the image material by further media or usage types.
Online: You may only use the artwork for a project that is published on disk or on the Internet.
Print: You may only use the artwork for a project that is published in printed form.
All media: You may use the artwork for a project that is published in print or on media or on the Internet.
(5) In the context of the use of the pictorial material, you are obligated to name the author in an appropriate and usual form for the respective medium.
(6) The transfer of the pictorial material to third parties is only permissible as far as this is necessary for the exercise of the rights of use granted to the customer. The resale of the image material as such is not permitted.
(7) The granting of rights of use does not transfer any ownership or copyright. This applies in particular to image templates, which are subject to further copyright protection (e.g. works of visual and performing arts) from the image content. The customer is responsible for the replacement of other copyrights and the granting of publication permits for collections, museums, etc.
(8) HDRI.io does not guarantee any rights whatsoever and does not provide any warranty regarding the use of names, people, trademarks, trade and registered, unregistered or copyrighted designs, art or structures which are Images are displayed. Should the customer require further clarification regarding the need for additional authorizations for the use, the customer has to have his own legal advice.
(9) A release declaration issued by HDRI.io does not imply the assurance that the persons depicted or the holders of the rights to the depicted works of the visual or applied art as well as copyrighted designs, art or structures have given consent to a publication. The customer shall be responsible for obtaining the consent of third parties in individual cases or for the acquisition of publication permits.
(10) If you like to purchase an exclusive license, please contact HDRI.io via shop@HDRI.io and explain your intended application area for the image material you wish to license exclusively. HDRI.io will then send you an individual offer.
(11) Even if you purchase an exclusive license to reproduce and make public the image material, the author of the respective image material is allowed to present the artwork on other websites in order to show which image material he has designed (portfolio purposes). These websites are not websites that offer the image material for sale or otherwise use commercially and/or commercially. In addition, HDRI.io can use the image material for self-promotion.
§ 6 Prices, due date and payment
(1) The prices quoted in the online marketplace include VAT.
(2) Payment is made with the payment method agreed upon at the conclusion of the contract and is due at the conclusion of the contract.
§ 7 Offsetting, retention
(1) A right to set-off is only available to you if your counterclaims are legally determined or recognized by HDRI.io. You are also entitled to offset if you claim complaints of defects or against claims from the same contract.
(2) In addition, you are entitled to exercise a right of retention only to the extent that your counterclaim is based on the same contractual relationship.
§ 8 Warranty, obligation to provide notice of defects
(1) The legal warranty rights apply unless otherwise expressly agreed.
(2) You are obligated to
- inspect the image material immediately after transmission for defects and
- immediately inform HDRI.io about any defects in writing.
§ 9 Liability
(1) HDRI.io gives no warranties, either express or implied, with respect to the images, including, without limitation, any implied warranties of merchantability and fitness for a particular purpose.
(2) In addition to liability which cannot be excluded or restricted by law, HDRI.io cannot be held liable by the customer, or by any other natural or legal person for general, punitive, special, indirect, Consequence of the use or accidental damages claims, for profits or other damages, costs or losses arising from the use of the images by the customer or otherwise, even if HDRI.io of the possibility of such damages, Costs or losses have been notified.
(3) Liability under the Product Liability Act remains unaffected.
§ 11 Final provisions
(1) All agreements between the parties are contained in this contract document in addition to the documents referred to. No further agreements exist.
(2) This contract is subject to German law, excluding UN sales law.
(3) Hamburg is agreed upon as place of jurisdiction.
As of August 2018