Terms for images and licence conditions

Deviating customer terms apply only if they have been expressly confirmed in writing. A buyout is possible only within the option expressly selected during the order process, either “Buyout Photo” or “Buyout Series”, and according to section 4.2.

1. Subject matter of the contract

• The subject matter is the granting of usage rights to photographs and files from RMU Foto.
• All copyright and related rights remain in principle with RMU Foto.
• No ownership of the work is transferred, unless a buyout according to section 4.2 has been expressly agreed.
• Licences apply per image, are generally non-transferable and, unless otherwise agreed, non-exclusive.
• The customer is responsible for lawful use in the specific context.

2. Order / conclusion of contract

• By submitting an order, the customer makes a binding offer to conclude a licence agreement.
• The contract is concluded by confirmation, for example by email, or by provision or delivery according to agreement.
• RMU Foto may reject orders for objective reasons, for example legal risks, suspected misuse, unclear information or availability issues.

3. Individual licence configuration

The licence is determined per image based on the configuration selected during the order process. Decisive is the configuration selected and confirmed by the customer, as recorded during the order process and documented in the order or licence confirmation.

• The licence is purpose-bound. Use is permitted only within the selected configuration.
• Anything not expressly covered by the configuration is considered not licensed.
• In case of uncertainty, the customer must obtain written clarification from RMU Foto before use.
• Extensions such as additional media, greater reach, longer duration, new territory or new campaign require a new licence or an upgrade per image.
• For custom sizes or upscaled formats, delivery is made in the maximum available quality.

4. Usage rights / exclusivity / buyout

4.1 Standard without buyout

• Rights are non-exclusive unless exclusivity has been expressly agreed and confirmed.
• Even with industry exclusivity or full exclusivity, usage rights are generally granted. Copyright remains with RMU Foto.
• Sublicensing or transfer to third parties is not permitted without express written consent.

4.2 Buyout photo / series

If the option “Buyout Photo” or “Buyout Series” has been expressly selected during the order process, the following applies additionally and takes precedence. To avoid disputes, all other licence parameters are automatically set to a clear buyout configuration.

• The buyout concerns the economic usage rights to the specific image or work.
• Moral rights remain with the author under Swiss copyright law to the extent legally mandatory.
• The customer receives an exclusive, worldwide, unlimited right to use the image in all media and uses, including editing and sublicensing.
• Sublicensing and transfer to agencies, customers, partners or service providers is permitted, provided no third-party rights are infringed.
• After a successful buyout, the relevant image and, where reasonable, identical or very similar motifs from the same series will no longer be offered.
• The buyout does not include third-party rights such as personality rights, trademark rights, property rights or event restrictions.

5. Photographic principle

• RMU Foto stands for nature photography from Switzerland.
• Slogan: Natürlicher geht nicht.
• The photographs are generally 100% unedited.
• Black-and-white photos originate from originally colour photographs.
• Delivery is made in the quality selected during the licensing process.

6. Copyright notice / credits

Where technically and practically possible, the following credit must be displayed: © RMU Foto.

In the case of a buyout, the credit obligation may be waived in individual cases in writing, to the extent legally permissible.

7. Prohibited uses

• Unlawful, defamatory, discriminatory, extremist or immoral uses.
• Use as a logo, trademark, claim or central brand element without separate written agreement.
• Resale or distribution as an independent product unless expressly licensed.
• Upload or provision on stock platforms, image databases or AI training / generator systems without express written agreement.
• Removal or circumvention of watermarks, metadata or copyright notices.
• Use in contexts that misleadingly distort persons, objects or statements.

8. Edits

Technically necessary edits such as cropping, scaling, format changes or light colour correction are permitted, provided the image content is not distorted or misleadingly altered.

In the case of buyout, edits and derivatives are generally permitted, subject to mandatory moral rights and third-party rights.

9. Payment / start of use / delivery

• Prices in CHF per image according to the order process.
• No VAT shown unless expressly stated otherwise.
• Use of the images is permitted only after full payment has been received.
• Until payment is received, any use is considered unlicensed.
• Delivery is digital, for example by download link, email or according to agreement.
• Delivery may be delayed for custom sizes or individual preparation.

10. Delivery / data / archiving

• Delivery takes place exclusively digitally.
• RMU Foto assumes no responsibility for limitations on the customer side, for example software, colour management, printing processes or service providers.
• The customer is responsible for secure storage and archiving of the delivered files.

11. Third-party rights / customer responsibility

• Unless expressly confirmed in writing, RMU Foto gives no guarantee that use in every context is free from third-party claims.
• The customer is responsible for the specific use, context, message, placement and all legal requirements in the target market.
• For risk-sensitive uses, in particular advertising or campaigns, the customer must review the use legally in advance.

12. Breach / subsequent licensing / injunction

If use exceeds the agreed licence configuration, RMU Foto is entitled to demand subsequent licensing or prohibit the unlawful use.

• The customer must immediately cease unlawful uses and provide the required information about the use.
• RMU Foto is entitled to secure evidence appropriately in the event of suspicion.
• Further claims under Swiss law remain reserved.

13. No withdrawal / no return

For digital content and the granting of usage rights, there is, to the extent legally permissible, no right of return or withdrawal once the customer has initiated performance or delivery / provision has taken place.

14. Liability

RMU Foto is liable, to the extent legally permissible, for intent and gross negligence. In the case of slight negligence, liability is limited to the typically foreseeable damage, up to a maximum of the paid licence price.

Liability for indirect damage, consequential damage or loss of profit is excluded to the extent permissible.

15. Indemnification

The customer indemnifies RMU Foto against third-party claims arising from contractual or unlawful use of the images, including reasonable legal defence costs.

16. Final provisions

• Swiss law applies exclusively.
• The place of jurisdiction is, where legally permissible, the residence or business seat of the provider.
• If individual provisions are or become invalid, the validity of the remaining provisions remains unaffected.

Provider: Reto Muehlethaler
Contact: rmufoto@bluewin.ch