Terms of use of image material

  1. The purpose of these terms of use is the granting of rights of use under the law of obligations for image and video material for sales presentations and advertising measures for online and print media as well as internet shops. TRIO Leuchten GmbH grants XXX (hereinafter: User) a simple, revocable right of use in accordance with § 31 II of the Copyright Act to the images, videos, logos, texts and data (works) to be transferred, insofar as this is necessary for the intended marketing of goods supplied by the Owner or an affiliated company. TRIO Leuchten GmbH (hereinafter: the Owner) is the sole author/Owner of exclusive rights of use of the works.
  2. Commencement and rest of the right of use and rights of use of third parties
  3. The right of use shall commence upon acceptance of the Terms of Use, which shall take place upon their receipt by the User. Any further granting of rights of use to third parties requires the express consent of the holder, as regulated in these terms and conditions. The granting of the right of use is subject to the punctual payment of the payments due under the business relationship. If the User is in arrears with an amount of more than 500 € and the 3rd reminder has been received, the rights granted to the User in this contract shall be suspended and the User may no longer use the images as granted above. In particular, the presentation of the Owner‘s image and video material on the User‘s Internet pages shall be discontinued immediately after receipt of the 3rd reminder in the case defined above. The right of use shall be revived after full settlement of the arrears plus any costs of collection, without the need for a separate declaration on the part of the Owner.
  4. Revocation
  5. The User has the right to object to the terms of use in writing within 14 days of receipt, otherwise silence shall be deemed to be consent.
  6. Content of the right of use
  7. With the transfer of the works or the transferred data, only the right of use for the purpose described above is granted. Any further use, exploitation, reproduction, distribution or publication is not permitted without the prior written consent of the Owner and constitutes a breach of contract and copyright. In case of doubt, the prior written consent of the Owner is required. Alterations to the works by means of photo-composing, montage or electronic aids are only permitted with the prior written consent of the Owner. The works, in particular the photographic material, may not be copied, reproduced, photographed or otherwise used as a motif without the consent of the Owner. The User is not entitled to transfer the rights of use granted to him/her in whole or in part to third parties, to third parties, including affiliated companies, without the prior written consent of the Owner. The desired use of image materials and other content in the present sense by third parties at subordinate distribution levels for the purpose of marketing goods supplied by the proprietor and affiliated companies therefore always requires the express written consent of the proprietor. This also applies to authorisations for use already granted to such third parties. In this respect, the User shall provide the proprietor with lists on which the third parties are named with their names and addresses. These must then be confirmed in writing by the proprietor before the image materials and other content may be passed on to them. The User shall inform the third parties of the revocability of the authorisation of use. Any authorisation of use already granted in favour of third parties must be expressly revoked vis-à-vis such third parties if the holder refuses to grant such authorisation of use to the third parties. The User undertakes to ensure that the data provided is neither passed on to third parties without authorisation nor copied by third parties. The User undertakes not to use the data any further after termination of the business relationship and to return it and to confirm in writing that he/she will not retain any documents.
  8. Contractual penalty
  9. In the event of violations of the contents of the contract, the statutory provisions shall apply.
  10. Place of jurisdiction
  11. The law of the Federal Republic of Germany shall apply. The place of jurisdiction is Düsseldorf.
  12. Miscellaneous
  13. Any previously granted licences of use are hereby revoked. The place of performance for the rights of use is the registered office of TRIO Leuchten GmbH. Verbal subsidiary agreements do not exist. Changes and additions to these rights of use require the written form; the same applies to the waiver of this formal requirement.
  14. Severability clause
  15. If any clause in this agreement or any provision under any other agreement is or becomes invalid, the validity of all other terms or agreements shall not be affected. In this case, the parties are obliged to replace the ineffective condition with an analogous provision that comes closest to the economic purpose, insofar as this is legally possible and permissible.