DEAR MOLL PARTNER,
You are welcome to use the online database for promoting moll products. The images stored there come in a choice of 300 dpi print-quality versions or 72 dpi versions, so that they can be used for printed matter and the web. The images are property of moll Funktionsmöbel GmbH and are protected by copyright. The author identification of moll or third parties is not to be removed or altered.
When using the moll Media Center, please note:
▪ Access to the image database is time limited, and moll can revoke your user authorization at any time for serious breach of contract
▪ Activation follows review by moll. You will be informed of activation in a separate e-mail
▪ The usage conditions for the moll Funktionsmöbel GmbH image database apply
We are interested in what you create with our image data. We would therefore appreciate your sending a sample copy after production. For other questions, please feel free to contact: email@example.com
CONDITIONS OF USE
1. Registration in the “moll image database” and acceptance of its conditions of use
Where “moll” is mentioned below, it refers to the company moll Funktionsmöbel GmbH, Rechbergstrasse 7, 73344 Gruibingen, Germany.
Use of the moll image database is permissible only on the basis of these General Conditions of Use. By registering, the user of the moll image database declares agreement to the conditions of use.
Use of the image database requires registration. To register, the user must provide his personal data in the registration form. moll downloads this personal data and stores it. Storage is necessary for determining possible legal violations by the user. The user is advised that a log is created of each of his sessions to examine the lawfulness of his use of the image database. By sending the data during the registration process, the user offers to conclude a usage contract with moll for use of the image database based on these conditions of use. There is no legal right to acceptance of this offer. If moll accepts the offer, the user will receive a confirmation e-mail that will communicate a user name and password that can be used to access the image database.
Access authorization to the image database is not transferable to third parties. The user ensures that the user data is not and will not be accessible to third parties. He is liable for all transactions undertaken through the use of his user data. If the user becomes aware that third parties are misusing his user data, he is obligated to inform moll of this immediately.
Only moll employees and registered users are authorized to access the media database.
2. Purpose of use
All images and other content in the image database are copyright and trademark protected. The user receives a simple user authorization within the purpose of use described below. moll provides the user of the image database with images, brand logos and lettering for brands and product names free of charge for use in his own advertising in all advertising media, such as print media (e.g. prospectuses, posters, flyers or advertisements in third-party publications), electronic media (such as TV ads) and online media (such as proprietary websites and third-party websites). The user is to employ the files only to promote moll products. Use in another context requires the consent of moll for each individual case.
Issuance of the simple usage right for purposes of the aforementioned use provides the user only with the right to save the digital media to one computer hard drive or to another storage medium, but not to create other copies of the material. If the material is no longer needed, it must immediately be deleted from the computer or other electronic storage system.
There is no right to specific content or full-time accessibility of the image database. moll has the right to delete any or all data from the media database at any time.
3. Prohibited use / contractual fine
Specifically prohibited is the downloading, copying or forwarding of content to third parties or for purposes other than the purpose of use described in 2. The data material also must not be directly or indirectly reproduced, distributed, sent or in any other way made publicly accessible through file sharing websites, contact websites or social media, such as YouTube, Facebook or MySpace. Editing, modification or manipulation of any type — particularly digital image editing — of media database content is prohibited.
If the user violates an obligation under this paragraph, he is subject to a contractual fine of 5,000 euros, as agreed. moll reserves the right to claim further damages.
4. Period of use
The usage agreement can be duly terminated by either party at the end of the month in observance of a notification period of one week. The right to extraordinary termination without notice for a serious reason remains unaffected.
If the user violates these conditions of use, moll has the right to temporarily or permanently block his access to the image database.
Additional special regulations for use in online shops
Data for use in the online shop is provided for a limited time. All data in the online shop must be deleted 12 months after completed digital transfer of the data. If specific data is needed longer than 12 months, digital archiving of the data beyond the expiration date requires the written consent of moll. A contract cannot be extended through continued unreproofed use.
Upon expiration of the issued time-limited right of use in the online shop, the user is obligated to stop using data from moll and furthermore to definitively delete all downloaded data and copies.
5. Liability, guarantee
The user has no right to compensation of damages. This does not include claims by the user due to damage to life, body or health, or due to breach of a contractual obligation (i.e. a cardinal duty) or liability for other damages due to intentional or grossly negligent breach of obligation by a legal representative of moll or its agents. Serious contractual obligations are those necessary to achieving the purpose of the contract.
If there is breach of serious contractual obligations, moll is liable only for foreseeable, typical contractual damages if they were caused by negligence, unless they involve damage compensation claims due to injury to life, body or health.
The limitations in paragraphs 1 and 2 also apply to legal representatives or agents of moll if claims are made directly against them.
6. Applicable law, severability clause, place of fulfillment and jurisdiction
This contract is subject to the laws of the Federal Republic of Germany. This applies even if the user is domiciled abroad or accesses the image data, videos, documents or files from abroad.
If an individual provision of these conditions of use becomes null and void, this shall not affect the validity of the remaining provisions.
If the user is to be a general merchant or has no general jurisdiction abroad, the place of fulfillment and jurisdiction is the company headquarters of moll Funktionsmöbel GmbH.
Any waiver of the provisions of these conditions of use must be in written form and signed by moll Funktionsmöbel GmbH.