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.
GASPER GmbH
Am Grott 4
D-51147 Cologne
Local court Cologne - HRB 8803
Phone: +49 (0) 2203 9 666 9-0
Fax : +49 (0) 2203 9 666 9-41
Email: gasper@gasper.de
Managing Director
Frederic Blume
Value added tax - identification number
DE 121967733
Member of Deutscher Händlerbund
Disclaimer
1. online content
The author accepts no responsibility for the topicality, correctness, completeness or quality of the information provided. Liability claims against the author, which refer to material or non-material damages, which have been caused by the use or non-use of the information provided or by the use of incorrect and incomplete information, are excluded in principle, provided that there is no demonstrable intentional or grossly negligent fault on the part of the author.
All offers are subject to change and non-binding. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without separate announcement or to discontinue the publication temporarily or permanently.
2. references and links
In the case of direct or indirect references to external websites (hyperlinks), which are outside the author's area of responsibility, a liability obligation would only come into effect if the author is aware of the contents and it would be technically possible and reasonable for him to prevent the use of illegal contents.
The author hereby expressly declares that at the time the links were created, no illegal content was discernible on the linked pages. The author has no influence on the current and future design, content or authorship of the linked pages. Therefore, he hereby expressly distances himself from all contents of all linked/connected pages that were changed after the link was set. This statement applies to all links and references set within the author's own Internet offer as well as to external entries in guest books, discussion forums, link directories, mailing lists and all other forms of databases set up by the author, to whose content external write access is possible. For illegal, incorrect or incomplete contents and in particular for damages resulting from the use or non-use of such information, the provider of the page to which reference is made shall be solely liable, not the person who merely refers to the respective publication via links.
3. copyright and trademark law
The author endeavours to observe the copyrights of the graphics, sound documents, video sequences and texts used in all publications, to use graphics, sound documents, video sequences and texts created by himself or to use licence-free graphics, sound documents, video sequences and texts.
All brand names and trademarks mentioned within the Internet offer and, if applicable, protected by third parties are subject without restriction to the provisions of the respectively valid trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by the rights of third parties!
The copyright for published objects created by the author himself remains solely with the author of the pages. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the author's agreement.
4. data protection
If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all services offered is - as far as technically possible and reasonable - also permitted without the provision of such data or by providing anonymous data or a pseudonym. The use of contact data published in the imprint or comparable information such as postal addresses, telephone and fax numbers and e-mail addresses by third parties for the purpose of sending information not expressly requested is not permitted. We expressly reserve the right to take legal action against the senders of so-called spam mails in case of violation of this prohibition.
5. legal effectiveness of this disclaimer
This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.
The images used in our online store are created by © www.ernst-fotodesign.de