Terms and Conditions

General terms and conditions of Actomic, LLC

1. Validity

2. Offers

3. Prices

4. Payment

5. Delivery and shipping costs

6. Retention of title

7. Faults, guarantee, liability and compensation

8. Data protection

9. Place of fulfilment and legal venue

10. Final regulations

General terms and conditions of Actomic, LLC

1. Validity

This webpage belongs to Actomic, LLC. By the use of this website and the purchase of data you agree with the following terms and conditions and the license regulations in their version valid at the time of the customers order.

If you do not agree with these terms and conditions and/or our license regulations, please, do not use our services and do not buy the files provided by us.

With placing an order you must accept our Terms and Conditions.

The offer on this website is worldwide accessible on the Internet and is directed to private consumers (natural persons) as well as to commercial users (entrepreneurs), thus juridical and natural persons who trade a legal business.

Orders on this website can be placed online 24/7. If the ordered data need to be delivered, deliveries will occur at the next working day after a weekend at the earliest.

2. Offers

This website contains material protected by the copyright, the copyright is owned by Actomic, LLC or the originators of the material. By downloading the content, no property rights for these contents or rights due to the intellectual property are passing over on the customer. There merely originates a right of use exactly defined in the accordant licenses.

Multiplicating, downloading or expelling all contents of our web offer is allowed only within the scope of these terms and conditions and the purposes of utilization defined in our licenses regulations.

Any other use of our service and our materials is excluded and not permitted. Except of transferring them in designs for customers, on products and in any other processed way after acquisition of the suitable licence, it is not allowed to give the materials of Actomic, LLC away to third parties for free or to sell them.

This applies in particular to the resale or the passing on of the isolated graphic files. This is not permitted in any case, unless the third party is purchasing a valid license of the material either form Actomic, LLC.

According to the purpose of utilization, intended by the buyer, a suitable license of utilization must be acquired. License costs (and other fees might be applicable) can be found in every article description.

The acquisition of exclusive rights of use of material originating from this website is not possible. But we manufacture customized material also, if ordered. If you have any questions due to customized artwork, please contact our support team.

Herewith we generally refuse general terms of business of the customer.

Divergences of these terms of business can become effective only in written form and written confirmation by Actomic, LLC. Verbal arrangements are invalid. The buyer is not entitled to use pictures or photographs of persons or identifiable juridical persons in a way, that offends valid right, the human rights or the personal freedom and dignity of the individual. The design layout of this website and corresponding websites, websites licensed by us or websites standing in connection with us is protected by U.S. and international laws as well as by other rights in the intellectual property and must not be copied, neither completely nor partially or be imitated.

The contract becomes valid, once the customer has send the properly and truthfully filled out order form and this has been confirmed by means of email by us. The contents of our confirmation of order are obliging.

If data cannot be downloaded and must be delivered, for the delivery period the written confirmation of order is binding.

The invoice for the customer normally will be delivered by email.

3. Prices/maturity/payment

Our prices are as presented in the article description, usually in USD (or Euro) and do not contain any taxes. Applicable taxes are adding up to the given prices. For reworking of the data by customer wish (e.g. by our graphic service), packaging, material, carriage costs and other forwarding expenses with delivery of our data on the dispatch way at explicit customer wish, additional costs will result.

Discounts, discount payments need the explicit written arrangement. If the delivery or achievement occurs later than four months after completion of the contract, Actomic, LLC is entitled to put down rises of costs, wages, etc. on the agreed price and to raise the price by the amount of the cost increase.

Actomic, LLC generally delivers by different instant payment methods or precash to you. All payments are due before delivery.

If a placed order remains unpaid, Actomic, LLC will not deliver any material. If it remains unpaid for more than 7 consecutive business days, Actomic, LLC ist entitled to cancel the order.

It is not possible to credit payments, a customer made to Actomic, LLC for other services or on other websites, than this one.

One-sided calculation deductions of any kind are not permitted without previous arrangement.

4. Payment terms

Actomic, LLC offers different payment options to the customer, such as Paypal, precash or credit card. A payment by debit or by invoice is possible only by arrangement and only for regular customers.

5. Delivery and shipping costs

The files originating form this website are normally delivered by download or email, hence, no forwarding expenses result with the purchase on this website. If the file is available for download, Actomic, LLC will not activate the download possibility be before the payment is completed. Once the payment is completed, a downloadable file might be available instantly for download. Otherwise it will be activated within 24 hours after the completed payment. Files, which need to be delivered by mail - and are not undergoing any customized changes - will be delivered by email within 48 hours after the completed payment.

Exception: Dispatch by Hardcopy

Our data are dispatched only at explicit customers wish also as a Hardcopy by shipping and only within the U.S. In this case additional costs will occur. These costs and delivery times are told of you in the given case, before we ship your data.

Our data is delivered as described in the referring article description. Actomic, LLC cannot be held responsible for any technical problems or obstacles, which prevent us from keeping our given deadlines.

If a delivery delay occurs due to technical or other problems, Actomic, LLC cannot be held responsible for, such as internet connection problems, server problems, loss of data etc., the customer is eligible to demand a refund of the purchase price for the undelivered data, but no more. In this case, the customer will receive a refund and no data. The customer is obliged to inform Actomic, LLC in written form (e.g. email) about his wish to receive a refund and therewith cancel the order.

6. Retention of title

Property rights in the graphic arts/photographs and graphic material available in from this website basically cannot be acquired. By downloading the content, no property rights for these contents or rights due to the intellectual property are passing over on the customer. There merely originates a right of use exactly defined in the accordant licenses. Any purchased license does not become valid unless the total amount for it (including all applicable fees and taxes) is paid.

Parties, who already owe payments of any kind for any service for more than two consecutive months, are not allowed to purchase material from this website.

7. Faults, guarantee, liability and compensation

We want our customers to be satisfied with our products and services. Therefore, if you have any concerns due to the quality of purchased material or are not satisfied by our services in any other way, please inform our customer support by sending the image ID and your concerns. We will be keen to resolve the situation in the best way possible.

If the concerns are due to a file damage during delivery, Actomic, LLC will deliver the file again without any additional costs within a period of 10 days after purchase.

If Actomic,LLC decides to cancel an order, AFTER the ordered data has already been downloaded or delivered, the consumer has no rights to use the delivered material.

The customer must not offend by any way of using our material form, any legal bans, the good customs or/and the rights of third parties or the rights of Actomic, LLC. In particular the customer is not allowed to use our material in violence-glorifying or inciting contents or connections to use, just as little to appeal with it for criminal offenses or to show instructions for this. The customer is liable only and entirely, if rights, in particular copyrights or personality rights of third parties are injured by the way, he uses our material. The customer releases Actomic, LLC from all claims of third parties, resulting from such behaviour or even from breaking applicable law.

Actomic, LLC can require at any time proof about the use of the acquired material from the customer.

We give a 24-month guarantee for our materials on defects which have existed, as can be proved, already at the time of the delivery. However, this refers exclusively to the original files downloaded from us or delivered by us. The burden of proof, that the lack has already existed at the time of the delivery basically lies with the customer. Because we have no influence on damages by subsequent treatment, opening with inexpedient programs and in general changes in the files or their consequences on every hardware or software, every further guarantee or guarantee is excluded.

However, we want our customers to be satisfied with our products and services. Therefore, if you have any concerns due to the quality of purchased material or are not satisfied by our services in any other way, please inform our customer support.

If a nonevident mistake, as for example orthographical error or arithmetic mistake occurs due to prices on this website, nevertheless, Actomic, LLC reserves to ourselves the right to calculate the correct price afterwards.

In such a case the customer is entitled to tcancel his order, if he dais not agree with the new price.

Although we take good care of our websites, Actomic, LLC can not guarantee that the contents provided on this website are totally free from mistakes, interruptions, omissions, defects, viruses or other damaging elements. Mistakes, omissions and defects, as far as they are marked to us, are being repaired by Actomic, LLC, if possible. Nevertheless, out of this arises no juridical claim of any kind. If the delivered files are wrong or do not contain the promised contents, Actomic, LLC carries out free of charge an additional delivery of the correct data after being notificated by the customer. This subsequent delivery does not automatically entitle to the use of the erroneously delivered material. The same guidelines, which count for our other products and services also count to the use of these products. The customer agrees to destroy erroneously delivered files after the reception of the correct data or to acquire a suitable license for it.

Actomic, LLC does not take over any costs, which could originate from the use of this website for repairs or corrections in your hardware or software, caused for example by viruses or technical problems. Furthermore we take over no responsibility for the indirect or immediate, direct or accidental economic secondary damages which could originate from the use or non-usability of our offers and our contents and material.

In isolated cases we at most refund the paid purchase price for the order to the customer. Nevertheless, Actomic, LLC itself undertakes measures - according to the topical state of technology and in reasonable magnitude - to hold our web offers and files free of viruses. Because in some countrys the exclusion or a limitation of the liability for secondary damages or accidental damages is not allowed, it may be the case that the above regulation finds no application in your case, totally or partly.

In these lands regardless of preceding regulations and the following restrictions of liability we take responsibility without limitation for damages in life, body and health which are based on a careless or intentional duty injury of our legal representatives or our fulfilment assistants, as well as for the damages which are enclosed by the liability according to the product liability law, as well as for all damages which are based on intentional or roughly careless breaches of contract as well as guile, of our legal representatives or our fulfilment assistants. As far as we gave a guarantee for quality and durability with regard to the delivered product or parts of it, we also take responsibility within the scope of this guarantee. For the damages which are based on the absence of the guaranteed quality or durability, but which do not immediately enter in the product itself, however, we only take responsibility, if the risk of such a damage is grasped evidently by the quality and durability guarantee.

Furthermore we take responsibility in these lands for damages which are caused by slight carelessness, as far as this carelessness concerns the injury of such essential contract duties whose observance is basis for the reaching of the contract purpose. Nevertheless, we only take responsibility as far as the damages are connected in typical way with the contract and foresee. In case of slight careless injuries of non-contract-essential obligations we do not take responsibility. All restrictions of liability do also count, as far as the liability for the legal representatives, leading employees and other fulfilment assistants of Actomic, LLC is concerned. Any further liability is excluded without taking the legal nature of the asserted claim into consideration. As far as our liability is excluded or limited, this also counts to the personal liability of our employees, employees, employees, representatives and fulfilment assistants.

In no anyhow disposed case Actomic, LLC takes responsibility for financial damages, in particular escaped turnovers, savings or profits or other causal damages or secondary damages, which may originate from the use of our contents, services and material or the impossibility to use our contents, services and material, a change of our Terms and Conditions or license regulations by us, or from the claim of any third party.

In isolated cases due to technical causes the colors of our delivered data can deviate slightly from the previews. This can be caused by viewing them different monitors, opening with different programs, changing color modes

and/or other technical causes. Basically our previews show RGB colors and our data are also delivered in the color mode RGB. Low color divergences with the delivered files do not count as lack.

Some of the products, services or programs of our website may not be available in your country. The reference to certain products, services or programs does not mean that Actomic, LLC intends to make these products, services or programs available in your country and does not oblige us to do so.

The buyer agrees with the order to pay all kinds of salery taxes, taxes of utilization, value added tax and deliveries which are imposed by any authority, provided that they result from the transference of licenses to you or your use of our material and contents, according to these Terms and Conditions and our license regulations, as well as to be the only responsible person for all deliveries and taxes.

We permit and explicitly recommend to make a backup copy of the acquired files for your own archive, before you use it for the first time, because we can take over no liability for overrun by system fails, viruses or other influence standing beyond our reach. The customer takes full responsibility for costs, caused by the abuse of our services, offense against our Terms and Conditions, general and special license terms and our other conditions and especially by abuse of payments (abuse of credit card data), return debit notes or nonredemptions faulted by the customer. This can also include further claims for damages by Actomic, LLC.

Actomic, LLC reserves itself the right to finish these website without previous announcement and without arising or remaining of any claims to somebody out of this.

8. Data protection

Herewith the customer is informed of the fact that his personal data won within the scope of the business connection and for the commercial winding up are stored and are treated confidentially.

Actomic, LLC can supervise at its own discretion every download of his Internet pages namely as often as Actomic, LLC assumes it to be adequate, pursue every abuse of user name and code-word, lift your customer account or close it without advance advice, if Actomic, LLC assumes that an injury of our Terms and Conditions, our license regulations or a law/regulation, or that an abuse of your user name and code-word is happening.

9. Place of fulfillment and legal venue

In the case that the customer has no residence or usual place of residence in the U.S. with complaint elevation or these are not known to Actomic, LLC and/or the customer is a businessman, a public law special property or a juridical person of the public right, the seat of the operator of this website is agreed as a legal venue. This counts to all disputes due to the contractual relationship. For contracts with businesspeople, juridical persons of the public right and public law special property the seat of Actomic, LLC is agreed as the place of fulfilment for delivery and payment as well as as the legal venue. Nevertheless, Actomic, LLC is also entitled to sue the customer at his legal legal venue. This contract and the entire legal relations of the parties are defeated by the right of the U.S. - especially Florida.

10. Final regulations

If single regulations of this contract become ineffective or contain any gap, the remaining regulations remain untouched from this. In this case the contract parties undertake to substitute the ineffective regulation with such a regulation that comes closest to the sense and the purpose of the ineffective regulation. The same counts to possible regulation gaps. Ineffective regulations are only substituted by suitable regulations after german law or if no suitable regulation exists in german law by an international regulation, if this in this case is forced to be applied. Actomic, LLC itself to change these regulations any time. The updated version will be published on this website and become effective with the first purchase after publishing of the new regulations.

State 02/2010 Cape Coral, Florida