Nature Photography · Switzerland · Image Licences
Terms for images.
These terms govern the ordering, review, payment, digital delivery and use of photographs from
RMU Foto. As a rule, ownership of an image file is not transferred;
instead, a precisely defined right of use is granted.
1. Provider, scope and incorporation
- These terms apply to image licences, digital image files, technical file output and related services supplied by RMU Foto.
- They apply to private individuals, businesses, organisations, agencies and other customers unless a different arrangement is expressly agreed in writing.
- The version displayed when the order is submitted becomes part of the contract where the customer confirms its application.
- Different customer terms apply only if RMU Foto expressly accepts them in text form.
- Mandatory statutory rights, including mandatory consumer protections, remain unaffected.
2. Definitions
- Photograph: the specifically identified photograph or image file.
- Series: the image series clearly identified upon acceptance of the order and within the accepted scope.
- Licence: the contractual right of use; it is not proof of ownership of the file or the work.
- Configuration: the accepted combination of use, media, reach, territory, duration, quality and exclusivity.
- Full rights transfer: the expressly accepted, extensive and exclusive grant or transfer of the economically transferable rights within the defined scope.
3. Order and conclusion of contract
- The portfolio, price calculator and licence configurator generally constitute an invitation to submit an order.
- Before submission, the customer can review and correct the entered details, photographs and licence parameters.
- By submitting the order, the customer makes a binding offer to conclude the described licence contract.
- An automatic or technical receipt confirmation confirms receipt only and does not constitute acceptance of the contract.
- The contract is formed by express approval or confirmation, by sending payment information together with an acceptance statement, or by a delivery clearly identifiable as acceptance.
- RMU Foto may reject orders, particularly in cases of unclear use, legal risk, pricing or system errors, suspected misuse, lack of availability or insufficient rights.
4. Customer information
- The customer provides complete and truthful information regarding identity, contact details, intended use, project, media, reach, territory and period.
- If the intended use changes before acceptance or delivery, the customer must notify RMU Foto without delay.
- Incomplete or contradictory information may lead to questions, rejection or delay.
- The customer is responsible for ensuring that the stated email address can receive messages and that communications are not blocked by filters.
5. Individual licence and scope of rights
The licence parameters saved during the order process, verified by the server and subsequently accepted
are decisive. The licence applies only to the identified photograph and the accepted scope of use.
Licence components
- type of use: private, editorial, commercial web/social or advertising
- media: home use, digital, print, or digital and print
- digital and print reach and print run
- territory and licence duration
- image size, quality and, where applicable, technical custom output
- non-exclusive, industry exclusive, full exclusive or an expressly accepted full rights transfer
- Rights not expressly granted remain with RMU Foto.
- Any extension to additional media, projects, companies, campaigns, territories, reaches or periods requires a written, accepted extension or a new licence in advance.
- The licence is generally neither transferable nor sublicensable unless this is expressly confirmed in writing.
- Storage by technical service providers is permitted only to the extent required for the accepted use and where access is restricted to appropriately bound persons.
6. Standard licence and exclusivity
- A standard licence is non-exclusive unless industry exclusivity or full exclusivity has been expressly accepted.
- Industry exclusivity restricts further licensing only within the accepted market or industry segment.
- Full exclusivity is governed by the written confirmation; rights granted before that confirmation and legally necessary archival copies remain reserved.
- Even where exclusivity is granted, the author remains the author. Mandatory moral rights are not waived.
7. Full rights transfer by request only
A full rights transfer is not an automatically bookable or automatically priced product.
Such an agreement is reviewed individually only after a specific request.
- No price is displayed or calculated for this on the website or in the cart.
- An enquiry, mailto link or cart item does not create a full rights transfer.
- A full rights transfer is valid only if RMU Foto expressly confirms it in writing.
- Scope, affected images or series, price, delivery and any removal from the regular offer are defined individually in writing.
8. Copyright credit and metadata
- Where technically and customary in the relevant sector, the credit © RMU Foto must be displayed.
- A different credit arrangement must be expressly accepted.
- Copyright or rights information may not be removed or falsified with deceptive intent.
- A different credit arrangement may be agreed for a full rights transfer; mandatory statutory rights remain reserved.
Authenticity of the photographs
All purchasable photographs by RMU Foto are offered as they were captured in the moment: without creative image alteration, montage or AI/generative alteration. It does not get more natural than that.
Technically necessary file output, size preparation or watermark removal for delivery does not change the image content.
9. Prohibited alterations and uses
- Alterations to the delivered photograph by the customer are permitted only where the accepted licence expressly allows them.
- Without specific consent, prohibited contexts include unlawful, defamatory, discriminatory, extremist, pornographic, misleading or otherwise improper uses.
- Use as a logo, trademark, claim or central brand element requires a separate written agreement.
- Uploading, reselling or making the file available on stock platforms, image databases, open asset systems or as a standalone file is prohibited.
- Use for AI training, model training, datasets, generators, synthetic media or automated style imitation is prohibited without a separate and express written licence.
- Watermarks or access protection may not be circumvented.
10. Prices, taxes and price verification
- All prices are stated in Swiss francs (CHF).
- VAT is shown only where legally due and correspondingly stated.
- The price calculated in the browser is recalculated by the server from the saved licence components when the order is received.
- Where there are discrepancies, incomplete licence data, technical pricing errors or suspected manipulation, the order is not accepted automatically.
- Custom sizes, technical custom delivery, complex rights or third-party rights may require a separate offer before acceptance.
- The total price stated in the acceptance or payment confirmation is binding.
11. Payment and commencement of use
- Payment is generally made by bank transfer unless another method is accepted.
- The payment period, account details and payment reference are stated in the payment information.
- The customer bears bank charges and must ensure that the complete amount is credited.
- Usage rights begin only after full and unconditional payment has been received and the required confirmation has been issued.
- Any earlier publication or use is unlicensed.
- If payment is not received, RMU Foto may withdraw from the contract after a reasonable period and release reserved exclusivity again.
12. Digital delivery and file format
- Delivery is digital, for example by download link, email or an individually agreed transfer method.
- Image size, format, resolution and quality correspond to the accepted licence and the technically available source material.
- DPI figures describe the intended technical output framework; the actual printing result also depends on size, material, colour management and the printing provider.
- Custom sizes or technical custom delivery may require additional delivery preparation time.
- A delivery date is binding only where expressly confirmed.
- Download links may be time-limited and protected against unauthorised use.
13. Inspection, defects and complaints
- The customer must check the delivered files promptly for completeness, readability and conformity with the confirmation.
- Recognisable technical defects should be reported as soon as reasonably possible, together with the order number and a description.
- For a justified complaint, RMU Foto may first offer a replacement file, renewed provision or reasonable correction.
- Subjective assessment, the visual effect of the subject, or limitations of third-party printing or software systems are not technical defects.
- Mandatory statutory warranty rights remain reserved.
14. Withdrawal, cancellation and digital content
- Before acceptance of the contract, the customer may withdraw the offer by email where the notice is received in time.
- After acceptance, there is no voluntary right of cancellation, return or exchange unless expressly agreed otherwise.
- This applies in particular after technical custom delivery has begun, rights of use have been granted or digital files have been made available.
- Any mandatory statutory rights of withdrawal, avoidance or warranty remain unaffected.
15. Third-party rights and customer responsibility
- An image licence does not include third-party rights unless these are expressly assured in writing.
- The customer must clarify, in particular, personality, trademark, design, property, premises, event, competition and advertising rights for the specific target market and context.
- The customer is responsible for the message, placement, accompanying text, alteration, publication and legally required labelling.
- For advertising, sensitive subjects or international use, the customer is advised to obtain an independent legal review.
16. Liability
- RMU Foto has unlimited liability for damage caused intentionally or by gross negligence and in cases where a limitation of liability is prohibited by law.
- For slight negligence, liability is limited, to the extent legally permissible, to foreseeable and direct damage and at most to the amount paid for the affected licence.
- Liability for indirect or consequential damage, loss of profit, loss of data or claims arising from a context created by the customer is excluded to the extent legally permissible.
- No limitation applies where mandatory law, personal injury or expressly assumed guarantees provide otherwise.
- For failures or restrictions of third-party hosting, email, banking, download, software or printing services, RMU Foto is liable only within the scope of its own fault and mandatory law.
17. Licence breaches and indemnification
- Where use exceeds the accepted licence, RMU Foto may demand cessation, information, removal, subsequent licensing and other statutory remedies.
- The customer must immediately cease a disputed unauthorised use and preserve relevant evidence of use.
- To the extent legally permissible, the customer indemnifies RMU Foto against third-party claims arising from a contractual breach or a use for which the customer is responsible, including reasonable legal defence costs.
- The indemnity does not apply to the extent that RMU Foto is itself responsible for the claim.
18. Data protection and communications
- Personal and order data are processed for handling enquiries, contract administration, payment, delivery, security and compliance with statutory duties.
- Further information is provided in the privacy policy.
- Contract-related communications may be sent to the email address provided by the customer.
- Order, licence and payment records may be stored in accordance with statutory duties or legitimate retention interests.
19. Applicable law, jurisdiction and final provisions
- Swiss law applies. The place of jurisdiction is the domicile of RMU Foto, to the extent legally permissible.
- Mandatory places of jurisdiction, including those applicable to consumers, are expressly reserved.
- Changes to these terms apply only to future orders unless a different individual agreement is made.
- If a provision is invalid or unenforceable, the remaining provisions remain effective. The statutory rule takes its place; the other provisions are not extended as a result.
- Where general website information conflicts with an individual acceptance or licence confirmation, the individual confirmation takes precedence.