MEDIA DOWNLOAD Terms and Conditions
Please read the Terms and Conditions and confirm them.
GASPER GmbH, Am Grott 4, 51147 Cologne (in the following: GASPER) maintains a database for pictures on its website under the domain "www.gasper.de" in the retailer portal. GASPER maintains this database exclusively as a free service offer for its registered retailers.
§ 1 Subject matter
(1) GASPER permits the registered retailer to use images from the image database in connection with products which the retailer purchases from GASPER. The rights required for this shall be transferred by these terms and conditions.
(2) The images provided in the image database or the object depicted on them is protected by copyright in Germany for the benefit of the rights holder.
§ 2 Granting of rights
(1) In order to achieve the purpose stated in § 1 (1) GASPER hereby grants the merchant the following non-exclusive rights to the physical and incorporeal use of the images:
a. The right to use the images within the scope of advertising measures, advertising (including posters), brochures, catalogues for all print and digital editions without limitation of the number of copies in Germany and abroad;
b. The right to make the images publicly available, reproduce and distribute them within the retailer's website.
The rights are only granted to the retailer as the responsible party and are not further transferable without the consent of GASPER. The merchant is not entitled to transfer images from the database to third parties (with the exception of those commissioned by the merchant such as graphic designers, printers, web designers, advertising agencies, etc.). In particular, any rights are not granted to the Merchant's service providers.
The rights are only granted in connection with the presentation of products which the merchant purchases from GASPER. The use of the images in connection with visually identical or similar products from other sources of supply is prohibited.
(2) The granting of rights is territorially unlimited.
(3) The granting of rights of use includes all currently known and unknown types of use which are or become necessary to achieve the purpose of the contract, even if they only arise or only become known subsequently to the images due to new legislation or for other reasons.
(4) The trader is entitled to use the images also in connection with works of other rights owners or in extracts or - to a limited extent - to edit them. Additions and substantial changes to the images are not permitted.
(5) The merchant shall be obliged to indicate "GASPER GmbH" as source reference in connection with the execution of this agreement or to publish it in a collective source reference. Furthermore, the trader is obliged to depict the brand of the product and/or the business logo in spatial relation with the depicted product.
When using the pictures on the website of the trader, the corresponding brand of the product and/or the above-mentioned trade mark shall be depicted for each article offered.
§ 3 Rights of GASPER
(1) GASPER reserves the right to revoke the contractual granting of rights for the use of images in whole or in part at any time without giving reasons.
(2) The merchant undertakes to provide GASPER upon request with all evidence of the use of the pictures.
§ 4 Liability
(1) GASPER warrants and represents that GASPER is the owner of the rights of use to the images in the image database and that it can freely dispose of them in the contractual form. GASPER further warrants that the content posted by GASPER is free from third party rights. If GASPER should become aware that third party rights exist to any components of the images, GASPER shall notify the merchant of this without delay.
(2) The merchant guarantees that it will obtain or has already obtained all rights required in addition to the use of the images which is the subject matter of the contract and shall indemnify GASPER in this connection against any claims by third parties.
§ 5 Obligations of surrender and deletion
(1) The merchant undertakes not to use any images of products from the database which it does not/no longer carries in its product range. He undertakes to refrain from using the images of GASPER products which he no longer carries in his range as soon as technically possible (e.g. website: immediately, catalogue: after consumption), provided that the corresponding products have been sold.
(2) The merchant further undertakes to delete all contractual information and content, in particular all copies of the contractual images, which are available in electronic form at the merchant's premises after termination of the use of the images. Information and contents (including information material and the like) which are available in embodied form shall be surrendered to GASPER or destroyed at its request or in the event of non-acceptance.
§ 6 Copyright disputes
(1) If the merchant becomes aware that third parties are making unauthorised use of the visual material used by it, it shall be obliged to notify GASPER without delay.
(2) The merchant shall support GASPER in the event of copyright disputes with third parties and provide the necessary information.
