Terms and conditions of use for image files and brand logos from the image database of MEIKO Maschinenbau GmbH und Co. KG

On the image database of MEIKO Maschinenbau GmbH und Co. KG, Englerstraße 3, 77652 Offenburg, Germany (hereafter: MEIKO), MEIKO makes available copyright-protected photographs of MEIKO products, among others (hereafter: image data). Meiko is the owner and/or beneficiary of the rights of use under copyright of the image data described in more detail therein.

MEIKO grants access to the image data solely to registered users (hereafter: user) under the following conditions:

In any case, use is prohibited if the user does not fully agree to the following terms and conditions of use, which is done by registering and confirming the terms and conditions of use by clicking on the corresponding box.

Furthermore, the use of data is expressly limited in time only to the extent specified for the respective file (limited buy-outs).

If the user violates the specified period of use or scope of use, the user shall be obligated without limitation to compensate MEIKO for all damages and legal defence costs resulting from the violation of the rights of use; the user shall indemnify MEIKO upon first request against the claims and demands asserted by the latter against MEIKO.

In addition, the following applies:

I. Subject matter of the agreement

1. MEIKO grants the user a non-exclusive, non-transferable licence to use the images posted by MEIKO in the image database exclusively for the permissible uses listed below under II.
2. No rights under this agreement may be assigned or sublicensed without the prior written consent of MEIKO.
3. The images are provided for editorial use. Editorial use exists if the images are used in press coverage of a non-commercial nature, i.e. in particular if they are not used for advertising purposes.
4. Only users who have an ongoing business relationship with MEIKO are also permitted to use the image material for advertising purposes in accordance with the following provisions. In any case, use in image databases, image catalogues and related image collections is excluded.
5. The user is obligated to provide complete and truthful information upon registration and to notify MEIKO of any changes to the data without delay.

II. Rights of use

Users are granted the following rights for editorial use:

1. The reproduction and distribution right, i.e. the right to reproduce and distribute the photographic material within the scope of the type of licence specified above and/or to have the photographic material reproduced and/or distributed.
2. The right of public access, i.e. the right to make the visual material available for individual retrieval within the scope of the type of licence specified above by means of analogue, digital or other storage, remote data transmission technology, with or without intermediate storage.
3. The printing right, i.e. the right to use the photographic material within the scope of the type of licence specified above for the production, reproduction and distribution of illustrated books, booklets and other printed works.
4. The right to exploit the photographic material within the scope of the aforementioned licensed reproduction and distribution on analogue and digital image and sound data carriers of any kind, in particular storage media of any kind.
5. The right to edit, i.e. to process image material using analogue digital or other image processing, is expressly not granted: This includes changing the image size (enlargement, reduction, cropping), converting the colour information, etc.
6. Users who are also business partners of MEIKO, i.e. who have an ongoing business relationship with MEIKO, shall also be granted the right to advertise in addition to the aforementioned rights, i.e. the right to use the photographic material unchanged for advertising purposes within the framework of the aforementioned type of licence, for example in printed materials (advertisements, posters, programme announcements, on the internet, advertising banners, etc.).
7. All other rights to images, including all copyrights, the rights of the database manufacturer and other industrial property rights, shall remain in full with MEIKO. The rights transferred do not include, in particular, the right to reproduce, distribute, broadcast or make publicly accessible the photographic databases, image catalogues or related image collections.

III. No merchandising right is transferred, i.e. the right to commercially exploit the photographic material by selling the photographic material or producing and distributing goods of any kind which are characterised by depicting the photographic material (for example posters, postcards, clothing, headgear, buttons, etc.).

IV. The naming of the author and the source shall be done in the usual manner for the respective use and, as far as technically possible, MEIKO shall be named on the image itself or at the end of the page in the following way: Copyright sign MEIKOMaschinenbau GmbH & Co. KG. This shall be done in a way so that there can be no doubt as to the attribution to the respective image.

For use on the Internet or in digital media, the reference to MEIKO shall also be made in the form of a link www.meiko.de.

V. Meikoshall be entitled to change the content of these terms and conditions of use, provided that the change is reasonable under consideration of the interests of MEIKO. MEIKO shall notify the user of changes to the terms and conditions of use by e-mail to the address provided by the user at least two weeks before the changes.

VI. The database/image files may only be used for legally permissible purposes. They shall not be used to disseminate illegal material, threaten third parties or infringe the rights of third parties.

It is prohibited to use the images or any other content in a form or context that damages the reputation of MEIKO or to use the image material for products not manufactured by MEIKO that give the impression of being original goods.

VII. Meiko shall be liable without limitation in the event of intent or gross negligence, for injury to life, limb or health. Otherwise liability is excluded. The aforementioned liability limitation shall also apply to the personal liability of employees, representatives and executive bodies of MEIKO.

The user shall indemnify Meiko against all claims by third parties, including any costs of proceedings, which have arisen or will arise as a result of the use of the images by the user or as a result of a culpable breach of these terms and conditions of use under the granting of rights specified above. This applies in particular to claims arising from the right to one's own image and to claims arising from the violation of the general right of personality or the persons depicted.

VIII.

1. In the event of a breach of the terms and conditions of use, Meiko shall have the right, without prejudice to any other claims, to block and prohibit the user's access and permission to use the images in whole or in part with immediate effect. The blocked user shall be prohibited from registering again under a different user profile or using the database in any other way.
2. The user agreement can be terminated at any time and without giving reasons both by the user and by MEIKO through termination without notice. If the user is not responsible for the termination, the user shall have the right to continue to use physical copies made in accordance with these terms and conditions of use for a period of three months in accordance with the agreement. This shall not apply if this use conflicts with a justified interest of MEIKO. Such a legitimate interest exists, among other things, if the further use of the photographic material or the products depicted on the photographic material would violate legal regulations, orders of authorities or the rights of third parties.
3. Commercial access and thus the right to advertise is restricted to users who have an ongoing business relationship with Meiko. If the business relationship ends or MEIKO prohibits the business partner from using the image database, there is no longer any right of use.

IX. This user agreement is governed by the laws of the Federal Republic of Germany.

If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all claims arising from or in connection with these terms and conditions of use shall be Offenburg. This also applies to persons who have no court of general jurisdiction or who, after the contract is established, move their domicile or customary residence outside the country or whose domicile or customary residence is unknown at the time a legal claim is asserted.

If one or more of the above conditions are invalid, the remaining conditions shall remain unaffected by this. The parties shall then agree on a provision that is closest in economic terms to the invalid clause.

Subsidiary agreements to this contract are only effective if they are concluded in writing. This also applies to the waiver of the requirement for the written form.