The client and LAPIXA conclude the following agreement regarding the detection of infringements of rights in the Internet and the assertion of rights of the copyright owner against the copyright infringer. Licensing and copyright infringements discovered and preselected by LAPIXA are legally prosecuted by LAPIXA law enforcement agencies. LAPIXA does not provide any legal advice and uses authorised legal service providers.
LAPIXA is hereby authorised to assert and enforce all claims in its own name which result from infringement of the copyright to the photographs / light images transmitted for this purpose to LAPIXA and which have previously been explicitly released by the client. This includes, in particular, the right of the client to be named in the case of an inadmissible omission of the copyright notice.
LAPIXA retains a success commission in the amount of 43% of the proceeds earned from enforcement of the rights (principal claim) against the infringers. This also applies to licensing for continued use with fees. The remaining majority of the share of the proceeds is paid to the client.
The entire agreement includes the Service Agreement, including the general terms and conditions, as well as Attachment 1 and Attachment 2.
The client confirms that he has handed over, read and approved the general terms and conditions as well as Attachment 1 and Attachment 2.
The Contractor shall warrant and guarantee to be the holder of the image rights and shall grant licenses regarding the use of these Images for a remuneration. The Contractor shall act in their capacity as an entrepreneur and shall act in the exercise of their commercial or freelance independent activities when concluding the contract, and shall not be a consumer within the meaning of Section 13 of the German Civil Code [Bürgerliches Gesetzbuch, BGB].
The Contractor intends to detect unauthorised uses of their Images on the publicly available Internet with the help of the LAPIXA service. Infringements of licenses and the copyright revealed in this way will be legally pursued by a legal service provider retained by LAPIXA. The offer of LAPIXA is exclusively addressed to entrepreneurs within the meaning described above. LAPIXA does not provide any legal consultation, in particular regarding the classification of copyright infringements.
LAPIXA shall retain a performance commission amounting to 43% of the received proceeds from asserting the rights (principal claim) vis-à-vis the infringers. The same shall apply in the case that a licensing agreement is concluded for the future, which was procured by LAPIXA. The remaining higher share of the proceeds shall be paid to the Contractor.
The contract shall be concluded for an indefinite period of time and both parties shall be permitted to terminate it as of the end of each month without observing a notice period and without stating reasons for it. LAPIXA shall be permitted to declare the termination in writing or by deleting the customer account; the Contractor shall be permitted to terminate the contract either in writing or online at www.LAPIXA.de/kuendigung.
The parties shall undertake to maintain confidentiality regarding all knowledge and information that they have become aware of during the performance of the contract and to not make this available to third parties. Both parties agree upon non-disclosure regarding the content of the contract. The confidentiality agreement shall also remain effective after the termination of the contract, irrespective of the legal reason.
The Contractor shall declare that they act exclusively on their own account. The Contractor shall be obliged to report to LAPIXA without delay any changes of this fact arising during the term of the business relationship and to submit evidence for that, which would meet the requirements of a legal pursuit in court.
The documentation costs shall be based on the following services: