Terms of Use

1) Publishing galleries and projects

Saal Digital Fotoservice GmbH allows users to upload image files to galleries. Furthermore, projects designed with image files can be uploaded or saved. Users have the option to release galleries and/or projects publicly or protected by a password, making them publicly or partially publicly accessible for third parties on the Internet. It is also possible to enable galleries and projects for sale.

There is no entitlement to use. Saal Digital reserves the right, without stating reasons, to reverse the publication of or to delete individual galleries, projects, or individual images at any time.

2) Granting of rights

By publishing a gallery or a project, the user grants Saal Digital the rights to make the image files accessible via the internet, to transmit and broadcast them. By enabling them for sale, the user additionally grants the rights to reproduce the image files, to produce prints or similar image products, and to sell such products/images.

3) Intellectual property

The user warrants that they are the rights holder for images in published and/or galleries released for sale and that these images are not protected by trademarks, patents, or copyrights of third parties.

If images depict identifiable persons, the user is obliged to obtain valid and binding model releases from all affected parties, which are substantially similar to Saal Digital’s own model release and which grant the types of usage envisaged in this agreement for such content. The user shall keep the original release and provide Saal Digital with a copy upon request.

If images depict recognizable buildings or identifiable property where the owner's identity can reasonably be established, the user agrees to obtain a valid and binding property release, which is substantially similar to Saal Digital’s property release, insofar as such a release is required by the owner to permit the full use, including commercial use of the content. The user shall keep the original release and provide Saal Digital with a copy upon request.

4) Compensation

Saal Digital commits to payouts within 30 days after the end of each month in which a sale took place. The payment is calculated from the net amount without shipping costs. The currently valid conditions are displayed in the user’s account.

4a) Self-Billing Agreement

By accepting these Terms of Use, the user agrees to the application of the self-billing procedure in accordance with applicable VAT laws, including EU Directive 2010/45/EU. The user expressly authorises Saal Digital to issue invoices or credit notes on their behalf for any payments for image product sales made via the Saal Digital Photo Portal. This agreement on self-billing constitutes a written agreement between the parties as required by tax authorities. Users undertake not to issue separate invoices for such payments to Saal Digital and to immediately notify Saal Digital in writing if their VAT registration or status changes.

5) Liability

Saal Digital shall be liable for damages in the event of a breach of material contractual obligations, the absence of warranted characteristics and the customer’s claims under the Product Liability Act. Furthermore, Saal Digital shall only be liable for damages in cases of intent or gross negligence on the part of Saal Digital and its vicarious agents. Saal Digital is not liable for indirect, consequential or atypical damages of any kind. This also applies to the compensation of lost profit, lost possibility of use or intangible values.