- repaBAD is owner of the exclusive user rights to all utilisation rights for all digital content provided by download or email, WeTransfer and data carriers, in particular image and video material (photographs, videos), texts, graphics, logos and drawings (hereinafter “files”).
- Nach Maßgabe der nachfolgenden Bestimmungen erteilt repaBAD dem Kunden unter der Bedingung einer regelmäßigen Geschäftsbeziehung das einfache und nicht übertragbare Recht, die Dateien für eigene unternehmerische Zwecke unentgeltlich für Werbemaßnahmen und als Produktinformation in Printmedien, in Social-Media-Kanälen, auf der eigenen Website und in den von ihm betriebenen Online-Shops sowie auf Internetverkaufsplattformen wie Amazon und eBay zu nutzen. Eine regelmäßige Geschäftsbeziehung liegt vor, sobald der Kunde bei repaBAD ein Produkt bestellt hat und in der Folgezeit durchschnittlich alle zwölf Monate ein entsprechendes Produkt bestellt.
- Insofar as there is no regular business relationship between repaBAD and the client, the client shall only be allowed to use the files after prior written individual approval by repaBAD.
- The client’s right to converting, reformatting, changing and adapting the files is exclusively restricted to the qualitative preparation (optimisation) of the provided image or video material and the use of image details. Further processing is not permissible, particularly if this leads to a change in identity of the depicted and procured products, the repaBAD brand, particularly to logo changes or distortion of image depictions or if the meaning is manipulated by removing image content.
- The use of files for third parties related to third party products or for promoting products of competitors is forbidden.
- The client is obligated to exclusively use the files with a clear reference to repaBAD’s copyright. An existing copyright notice is not allowed to be removed or altered.
- The usage agreement is concluded for an indefinite period of time.
- Insofar as a regular business relationship in accordance with provision 2a no longer exists between repaBAD and the client, the usage right in accordance with provision 2 shall terminate with immediate effect, apart from the right of the client to use the files for own entrepreneurial purposes in own online shops or on internet sales platforms for clearance sales of remaining stocks of products bought from repaBAD.
- The usage agreement may be terminated by a party with a notice period of three months.
- Notices of termination are only effective if they are made in writing.
- Upon termination of this usage agreement the client is obligated to immediately cease using the files that were provided and return them to repaBAD and to destroy all copies which may possibly have been made in individual cases in agreement with repaBAD and to permanently delete the respective entries in social media channels, on the website, in online shops or internet sales platforms. A retention right of the client is insofar ruled out. Continued use constitutes a violation of copyrights and has consequences under civil and criminal law.
- repaBAD’s liability is restricted to intent and gross negligence.
- If third parties enforce the violation of property rights pertaining to the files against the client, the client must accordingly notify repaBAD in writing without undue delay. At its own discretion, repaBAD shall either defend itself or satisfy the claims in agreement and coordination with the client. The client is not permitted to recognise claims of third parties itself: repaBAD shall defend the client against such claims at its own appropriate costs and shall release the client from all appropriate costs and damage involved with defending against claims, insofar as these are not related to conduct of the client in violation of its obligations.
- Oral ancillary agreements, amendments or supplementations of the usage conditions and the utilisation agreement concluded between repaBAD and the client shall only be effective if they are made in writing. This shall also apply to this provision requiring the written form. Amendments which do not comply with the written form requirement are invalid. The effectiveness of individual agreements, no matter what form, shall remain unaffected by this provision requiring the written form.
- The law of the Federal Republic of Germany shall apply to this agreement.
- The place of jurisdiction is the registered office of repaBAD, if the client is a merchant, legal person subject to public law or special public law fund. repaBAD is also entitled to file an action against the client at another legal place of jurisdiction.