TRANSIT FILM GMBH GENERAL TERMS AND CONDITIONS


These General Terms and Conditions (hereinafter the „GTC“) apply to all registrations in the Transit-portal and to any agreement and any legal relationship between a purchaser, licencee i.e. client (hereinafter uniformly referred to as „User“) and TRANSIT (order request, order confirmation, delivery, invoicing, etc.). and they particularly apply to content retrieval, i.e. licencing contents and technical services (hereinafter „Exploitation“ or „Licence Agreement“).

We differentiate between commercial Users (in particular film production companies and television stations), which qualify as entrepreneurs pursuant to § 14 sect. 1 German civil code, and Users of the German Federal Archives’ technical services, which qualify as consumers pursuant to § 13 German Civil Code. Applicable mandatory consumer protection laws, in particular German civil code regulations concerning distance selling (including §§ 312 b ff., §§ 355 f. and 360 German civil code) shall apply to consumers. Otherwise these General Terms and Conditions shall apply to all Users.

Standard terms and conditions of the User that may deviate from this agreement shall not apply. They also shall not apply if the User conveys them to TRANSIT or refers to them when communicating with TRANSIT or refers to them somewhere else and TRANSIT does not oppose them. In addition, the relevant provisions of the German Federal Archives Act („BArchG“) shall apply.

  1. Contractual Relationship

    Each contract between TRANSIT and the User is customized to the User’s individual needs and in each individual case it will be precisely arranged by the User’s exploitation of digital or analogue film materials. In addition, German Civil Code provisions (including §§ 312 b ff., §§ 355 f. and 360) concerning distance selling shall apply to Users who are consumers (see preamble).

    In the course of the contract administration the User submits an order request via E-Mail, mail or fax and orders a licence to the legal right of use and/or the performance and the delivery of technical services, which TRANSIT accepts as an order. TRANSIT confirms the receipt of the order with an order confirmation via E-Mail or fax. A Licence Agreement is not yet in effect. A contract is only entered once the ordered film data is shipped or a link for the download of film data has been provided and once TRANSIT has sent an E-Mail to the User, in which TRANSIT confers the legal right of usage.

    If the size of the order is so large that it must be delivered in several parts each delivery will come with its own separate contract.

    By placing an order the User also declares by implication:

    a) That he has free and unlimited access to the provided E-Mail address,
    b) that his E-Mail account is protected against unauthorized access and that he keeps the login data secure,
    c) that TRANSIT or a representative is entitled to use the provided E-Mail-account for all correspondence regarding the inquiry of the User and offers, unless these GTC requires that it be in writing,
    d) that he/she is of legal age. No contract shall be signed with a minor. If a minor person submits a bid no Licence Agreement shall be made.

    Provisions in the GTC that state that something must be submitted in writing, in particular release forms, notices of defects and the termination of the Licence Agreement, are mandatory. Notices of defect or terminations that are sent via E-Mail are not valid. In addition, German Civil Code provisions (including §§ 312 b ff., §§ 355 f. and 360) concerning distance selling shall apply to Users who are consumers (see preamble).

    Technical services are only provided and mailed to Users of the German Federal Archives if the User submits a German Federal Archives release form, concerning the ordered material and its usage. The German Federal Archives only grant the User royalty-free usage if the actual usage does not deviate from the specified purpose of use. Additional Exploitation necessitates a licencing fee that must be paid to TRANSIT, in accordance with the current fees of the price sheet.

    The use of any film material (digital or analogue) without the German Federal Archives logo (except for specific regulations in these GTC) shall require a licence. The material will only be delivered or provided for download when a Licence Agreement has been made.

    When you order film material on our website you can correct typing errors by means of your keyboard and mouse in the form field until you complete the order process and click the confirmation button. Pursuant to statutory provisions you will have access to the contract but we will not save it after the conclusion of contract.

  2. Granting Rights of Use

    The provisions in this paragraph apply only to commercial Users who operate as entrepreneurs pursuant to § 14 sect. 1 German Civil Code.

    Every sales confirmation and delivery (or download) equals a Licence Agreement, by means of each retrieval or usage, which relates to the order or project with the pursuant licencing period, pursuant licencing area and other individual specifications. TRANSIT reserves the right to decline any User’s bid to sign a Licence Agreement.

    Per each order or project and within the scope of each individual agreement (signed order confirmation and providing film material in conjunction with the present GTC=Licence Agreement) TRANSIT grants the User rights to which it has power of disposition. The rights granted refer to the Exploitation of the provided film material, they are non-exclusive, limited by time, subject and place The Licence Agreement is non-transferable. The User is not allowed to grant the rights of use that have been granted by TRANSIT to third parties.

    All of the User rights for the provided materials (in particular film material that is comprehensively referred to as „provided film material“ in these GTC) that have been granted by TRANSIT are determined exclusively for topic or project related film use, in particular by production companies and television stations. Using the material for illegal or wrongful purposes is not allowed.

    If the User specifications do not match the actual Exploitation or use and/or if the usage exceeds the licence granted TRANSIT shall have the right to charge any additional usage in accordance with the current fees of the price list.

  3. Technical Services

    The contractual performance takes place when TRANSIT or one of its commissioned service providers supplies the film material and any related technical services. In addition, German Civil Code provisions (including §§ 312 b ff., §§ 355 f. and 360) concerning distance selling shall apply to Users who are consumers (see preamble).

    TRANSIT delivers the film material to the User or makes an encoded and/or encrypted version available for download. The term „Download” means the User stores the material for later use on his computer or another terminal equipment of his. If data is lost after the download or similar is complete the User shall not make any claims against TRANSIT, unless TRANSIT is accountable for the data loss.

    When placing the order and prior to any technical usage of the film the User must provide information regarding the kind, scope and territory/language territory of the intended Exploitation, duplication, distribution, publication or other usage.

    Demo-film material from the TRANSIT portal may principally not be duplicated, made available for public access or played, exhibited or somehow used free of charge or in return for payment, unless a written agreement with the German Federal Archives or TRANSIT exists.

    Digitizing analogue material and passing on digital material via remote data transmission or via data storage devices is only permitted if it is necessary to implement the User rights that have been granted to the User. TRANSIT permits the use of the film material explicitly only within the scope of the specifications provided by the User.

    It is only permitted to digitize, store, duplicate or use the provided film material on any kind of material and data storage when it is exclusively for the purpose of the agreed upon subject-related or project-related filming and any necessary technical processing. It is explicitly prohibited to record or play back the provided film material online, in online-databases, in other networks and storage media or in other digital external and internal archives. The same applies to the production of internegatives or other reproductions.

    Any kind of physical or digital archiving of the provided film material after the expiration of the licence period requires TRANSIT’s prior written permission.

  4. Examination/Complaint

    The User shall examine the delivered film material for technical or content-related defects immediately after delivery. Complaints of any kind must be submitted in writing (E-Mail is insufficient) within 5 working days after the User has received the film material. Complaints regarding other latent defects must be submitted in writing within 3 working days of detection. After the listed deadlines for filing a complaint have expired TRANSIT shall not be liable for already incurred expenses/damages or those that may happen in the future. In addition, German Civil Code provisions (including §§ 312 b ff., §§ 355 f. and 360) concerning distance selling shall apply to Users who are consumers (see preamble).

  5. Payments

    Each usage of the provided film material (except in those cases when the German Federal Archives has issued a declaration of consent) and ordered technical services must be paid separately. The User shall receive a proper commercial invoice that lists the payment for the concession of the right of use and the technical costs separately.

    TRANSIT’s schedule of prices and services is an essential term of all commercial agreements between TRANSIT and the User. Flat rates must be agreed upon in writing, prior to usage.

    In addition to the fees for the data transfer and the storage media we shall invoice viewing and extraction at cost. The User shall bear the costs for shipping and return.

    All fees and prices in offers, price lists and other documents are net prices and are also subject to value added tax at the prevailing rate. If the User is a consumer in terms of § 13 BGB German Civil Code the price will be listed as a gross price, which is also included in the price sheet.

    Each payment explicitly pertains solely to the agreed use and the specified scope in terms of subject, time and place.

  6. Payment Terms / Reservation of Title

    The payment for use and technical services is due immediately after the invoice has been sent. Invoices shall always be paid promptly without any kind of deductions and must include the invoice number.

    All payments must be made through payment methods that have been permitted by TRANSIT.

    The User only has a right to compensation if his counterclaim against TRANSIT has been determined and without further legal recourse. This shall not affect the right of retention, in particular the exception non adimpleti contractus.

    In addition, German Civil Code provisions (including §§ 312 b ff., §§ 355 f. and 360) concerning distance selling shall apply to Users who are consumers (see preamble).

    In case of a default the statutory regulations shall apply.

    The User’s duty to pay also applies to remunerations that have been incurred by authorized or unauthorized third parties who have retrieved or used contents through the User’s connection, insofar as the User is responsible for the retrieval or the use.

  7. Copyright Online-Presence

    All rights concerning the online presence of TRANSIT and the German Federal Archives remain reserved. It is prohibited to copy videos and images without the prior written permission by TRANSIT or the German Federal Archives. Exempt from this are the use and copy of metadata and filmographic texts with explicit citation of the sources.

  8. Availability and Liability

    Pursuant to section 2 of these GTC only the right of use of filmed copyright or ancillary copyright is granted. If other rights require clearing the User shall be responsible for obtaining the right for Exploitation and possible mandatory permissions to publish the work.

    The circulation of the provided film material, the transfer of the granted rights of use and/or the distribution of electronically transferred image data to third parties is not allowed other than the agreed purposes. Producing internegatives and reproductions for archival purposes of the User as well as the storage of electronic image data and/or the distribution of those to third parties is not allowed either. Exceptions require TRANSIT’s written consent. Upon request the User is obliged to inform TRANSIT or a representative if and to which extent he has with or without authorization used film data for duplication, public display, public access or stored or distributed or produced film data for archival purposes.

    Regarding filmed individuals the User shall obey the right to privacy pursuant to the German Civil Code. If applicable he shall obtain the proper release prior to publication. The User is liable for the infringement of the right to privacy (pursuant to the German Civil Code) of depicted individuals or the copy right of the photographers through an unlawful use on a moving image, photo and text. If such rights are violated the User is exclusively liable for any claims by third parties and the User shall hereby exempt TRANSIT against any third party claims.

    None of the specifications regarding the quality of the provided film material or services have any warranty in terms of § 276 sect. 1 German Civil Code and imply no guarantee of quality or durability in terms of § 443 German Civil Code, unless TRANSIT has explicitly assumed so in writing.

    TRANSIT does not assume any liability and warranty for the permanent availability or the flawless functionality of its online presence, unless personal injury has incurred through an online presence, that was due to TRANSIT’s recklessness or intent.

    TRANSIT only assumes liability for damages when TRANSIT or one of its vicarious agents have demonstrably breached essential contractual obligations (i.e. an obligation whose fulfilment is essential to the proper execution of the contract, whose breach jeopardizes attaining the purpose of the contract and upon whose compliance the User may rely upon regularly, the so called „cardinal obligation“), and when the damage can be attributed to gross negligence or intent by TRANSIT or one of its vicarious agents. TRANSIT’s liability is limited to typical damages that TRANSIT could have reasonably foreseen at the time of the signing of the contract. This limited liability applies to contractual and non-contractual claims. TRANSIT’s liability and that of its vicarious agents is exempted from any case of slight negligence. The liability based on statutory provisions (in particular in accordance with product liability law) shall remain unaffected.

  9. Access to Software/Film Material

    The User can access his password-protected account via the internet, by means of remote data transmission. The User is obliged to keep his login data confidential and to protect it from the fraudulent use of third parties. The User shall promptly inform TRANSIT in writing of the loss of login data or when he suspects the fraudulent use of the access. In case of a fraudulent access to the software TRANSIT may deactivate access. The User is liable for any fraudulent use for which he is responsible.

  10. Special User Duties and Obligations

    The User provides true and correct answers when registering and is responsible for the correct entry of his data. The User himself must promptly change these data, insofar as it is possible, in his account under „my account“ or through the contact form or by informing TRANSIT in writing.

    Passwords may not be passed on to third parties and they must be kept safely against the access by third parties. The User shall change the password periodically, the first time after its initial receipt. If there are reasons to assume that unauthorized individuals have gained knowledge of the password the User must promptly change it. Passwords may only be stored in digital media in an encrypted format.

    Delivered analogue and digital film material remains property of TRANSIT and must be promptly returned after use or non-use, or if applicable must be promptly deleted. The User bears the costs for shipping and return. The User solely bears the risk for return shipping. In particular he is liable for damages even when authorized third parties carry out the return shipping.

    The disclosure of provided film material or the unauthorized transfer of granted rights of use to third parties is not allowed.

    Use or filming is only permitted within the limitations of the contract and as it relates to the project. Any use or Exploitation by third parties regardless of any kind is explicitly prohibited.

    The User is obliged to ensure that any utilization of the provided material names TRANSIT and the German Federal Archives by explicitly indicating the origin as „Bundesarchiv/Transit Film GmbH“, in particular in the closing credits and on any other publication (e.g. any kind of visual and recording medium) in a manner customary to the trade.

    The User of Transit Film (film and television, press, PR, entertainment) must cite the following credits in all publications (film credit, publication, internet,…):
    © German Federal Archives, Film Collection / Transit Film GmbH

    The User of the German Federal Archives must include as a source:
    © German Federal Archives, Film Collection

    The following citation rules apply:

    • Newsreels and Commissioned Productions, Federal Press Office 1945-2004

      a) Citation Rules for Streaming Files
      [Title of the work], German Federal Archives, Film Collection: [Videolink]
      Example:
      The streaming file of UFA newsreel 414/1964 is cited as follows:
      UFA newsreel 414/1964, German Federal Archives, Film Collection:
      http://www.filmothek.bundesarchiv.de/video/584604

      b) Citation Rule for Copies (Films, Excerpts, Stills)
      The signature, which is relevant for the citation of copies, will be shown in the opening credits of the provided file/the image border of the provided still.
      Examples:
      The copy of a film/film clip/film still from UFA newsreel 414/1964 or the film “Der 85. Geburtstag des Bundeskanzlers“ (1961) is cited as follows:
      UFA newsreel 414/1964, Source: German Federal Archives, Film Collection: F 001711
      Der 85. Geburtstag des Bundeskanzlers, 1961, Source: German Federal Archives, Film Collection: F 002654

    • World War I

      a) Citation Rule for Streaming Files
      [Title of the work], German Federal Archives, Film Collection: [Videolink]
      Example:
      The film “Rentier Kulicke’s Flug zur Front“ (1918) is cited as:
      Rentier Kulicke’s Flug zur Front, 1918, German Federal Archives, Film Collection:
      http://www.filmothek.bundesarchiv.de/video/570618

      b) Citation Rules for Copies (of Films, Excerpts, Stills)
      The signature, which is relevant for the citation of copies, will be shown in the opening credits of the provided file/the image border of the provided still.
      Example:
      The copy of a film/film clip/film still from “Rentier Kulicke’s Flug zur Front” (1918) is cited as follows
      Rentier Kulicke’s Flug zur Front, 1918, Source: German Federal Archives, Film Collection: F 008533

    The User is obliged to make sure that the origin of the used film material is properly credited during and after the production process, in particular in their production databases and archives. In addition to the origin „Bundesarchiv, Abt. Filmarchiv“ it must always contain the full title of the film work. In case of films at least the tile and the year of production must be listed, and in case of newsreels the full title including the periodical indications (year of release, issue number, week, etc.) must be listed. This is important, especially in order to be able to trace the origin of the material for subsequent licencing.

    The User is obliged to send TRANSIT 3 copies of DVDs, blu-rays, books and other publications of entire film works or film clips, free of charge and promptly after publication without being asked.

  11. User Liability / Exemption

    The content available on the TRANSIT web portal is protected by law. Any unauthorized disclosure of contents via a peer-to-peer network, for example unauthorized postings, to provide access, to upload, download or otherwise distribute contents and/or the support of such acts is explicitly prohibited and can result in the extraordinary termination of the contract.

    If TRANSIT has reasons to suspect, especially due to a disciplinary warning or a notice by an intellectual property rights holder, that the User breaches the rights of third parties in the context of the use of the provided film material, then TRANSIT has the right to suspend access for that User, either temporarily or permanently. This shall not affect the right to determinate the agreement for good cause.

    The User shall exempt TRANSIT from all claims that other Users or any other third parties may assert against TRANSIT under the legal aspect of the breach of a right of privacy in accordance with the German Civil Code or any other rights as a result of acts by the User. The User shall bear all costs that TRANSIT may incur due to the breaching of the rights of third parties, including reasonable legal fees. Neither additional rights nor damage claims by Transit shall be affected.

  12. Termination

    Both parties reserve the right to determinate the agreement for good cause. If TRANSIT terminates the agreement for good cause, TRANSIT is entitled to keep, demand or invoice an amount of 75% (seventy-five percent) of the sum of all remunerations, which the User would have had to pay during the duration of the agreement.

    The termination must be in writing.

    In addition, German Civil Code provisions (including §§ 312 b ff., §§ 355 f. and 360) concerning distance selling shall apply to Users who are consumers (see preamble).

  13. Privacy

    TRANSIT is aware that the User cares very much about the highly sensitive treatment of all personal and company related data, which the User discloses to TRANSIT. TRANSIT thus observes all pertinent legal privacy regulations (in particular German privacy laws, European data protection directives and any applicable data protection act). However, the User agrees to the disclosure of personal data to parties that are commissioned by TRANSIT to execute the User’s order. TRANSIT will not disclose any personal User data to third parties without any authorization nor somehow notify third parties of them, unless there is a statutory obligation or a mandatory request from an official authority.

  14. External Links

    TRANSIT explicitly dissociates itself from all external links (websites of third parties) on its online presence. TRANSIT has no influence on the contents of linked internet pages. TRANSIT reserves the right to remove links to internet sites that violate existing laws.

  15. Modification and Manipulation

    The User is not allowed to modify or manipulate TRANSIT’s online presence. Any User who manipulates or modifies the online presence is liable for any consequences and costs that may be incurred thereby.

  16. Information Transmission

    TRANSIT is entitled to send newsletters and other information regarding its products or other services to its Users via E-Mail or postal service. The recipient of this information is entitled to object to the receipt of further information, i.e. may unsubscribe.

  17. Consumer Withdrawal Right

    You have the right to withdraw from an agreement within fourteen days without providing any reasons.

    The withdrawal period is fourteen days, beginning on the day that you or a third party designated by you, other than the carrier, has taken possession of the film materials („goods“) i.e. has them. The withdrawal period concerning digital contents that are not delivered on a physical data carrier is fourteen days and begins the day the agreement is signed.

    In order to make use of your withdrawal right you must inform us (Transit Film GmbH, Dachauer Str. 35, 80335 München, phone: +49-89-599885-0, E-Mail: order@transit-digital.de, fax: +49-89-599885-20) with a clear statement (e.g. a postal letter, fax, E-Mail) about your decision to withdraw from the agreement. You may use the attached sample withdrawal form, but are not obliged to.

    Sample Withdrawal Form (PDF)

    In order to observe the withdrawal period it is sufficient that you send your message regarding your exercise of the withdrawal right prior to the expiration date of the withdrawal period.

    Consequences of a Withdrawal

    If you withdraw from an agreement we shall return all payments that we have received from you, including the shipping costs (with the exception of additional costs that are the result of you choosing another type of delivery rather than the offered, most inexpensive standard shipment) promptly and no later than within fourteen days beginning on the day we received your withdrawal notice.

    We will use the same payment method for returning the payment that you used for the original transaction, unless we explicitly agree on something else. In no event will you have to pay a fee for the refund. We may refuse payment of the refund until we have received the goods back (only in the event that goods had been delivered) or until you have provided proof that you sent back the goods, whichever is earlier.

    You shall return the goods by mail or in person (only in the case where physical film materials were delivered!) immediately and in any case no later than fourteen days, beginning on the day that you informed us about the withdrawal.

    You shall bear the direct costs for the return shipping of the goods. You only have to pay for a possible loss of value of the goods if this loss of value incurred from handling that was not necessary for the examination of the quality and functionality of the goods.

    End of withdrawal instruction.

  18. Modifications and Addendums of these GTC

    TRANSIT is entitled to modify the General Terms and Conditions any time. Whatever version was available on the TRANSIT website the day of the agreement is valid. Modifications that are made during the contractual relationship are considered accepted when the User continues the contractual relationship without making any objections within a reasonable period.

  19. Severability Clause

    If any provision of this agreement or these General Terms and Conditions shall be held to be invalid, the validity of the other provisions shall not in any way be affected thereby. The invalid provision shall be replaced by that provision that coincides most with the meaning of the invalid provision.

  20. Final Provisions

    TRANSIT’s main office is the place of performance. Place of jurisdiction for merchants in terms of the German Commercial Code (GCC) is TRANSIT’s main office location. This agreement is subject to the laws of the Federal Republic of Germany, excluding international private law and the United Nations Convention on Contracts for the International Sale of Goods, which has been incorporated into German law.

Effective March 2017

Content
  • Films from the World War I Era
  • Newsreels from the Bizone and the Bonn Republic
  • Deutschlandspiegel, magazines and documentaries from the Federal Press Office
  • Period: 1914 - 1918, 1945 - 1998
  • More than 3,400 films, more than 675 hours
Now
  • Quick & simple research
  • Streaming videos
  • Bookmark list of selected clips
  • Choose your own excerpts
Available soon
  • Convenient account management for registered users
  • Share and comment your clip bins
  • Direct download of preview files