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Terms of use
Victorreinz.com
TERMS OF USE FOR PROVIDED ONLINE MEDIA ON THE REINZ HOMEPAGE
Reinz-Dichtungs-GmbH (hereinafter referred to as "
Reinz
") provides its cooperation partner logos, pictures and videos in the following download area, which are connected with the products from Reinz (hereinafter referred to as "
Materials
"), at the following Terms of Use for download and use.
Cooperation Partner
as defined in these Terms of Use is any dealer or broker, which sells original products fromReinz and which purchases the original products directly from Reinz or indirectly as a member of a retail chain through a dealer with a contractual relationship with Reinz, without undermining the usual sales channels, through which Reinz sells its original products.
1.
All rights, in particular copyrights, rights of use and commercial property rights to the Materials provided in the download area, are held by Reinz, unless expressly stated otherwise in respect of individual Materials.
2.
Only Cooperation Partners of Reinz are permitted to use the Materials provided in the download area, and only for the duration of the existing business relationships.
3.
For this, Reinz grants to the Cooperation Partner the free right of use to the Materials (hereinafter referred to as "
Right of Use
"). The Right of Use is restricted to a simple right of use to the Materials and only exists insofar as
The Materials are used directly for the sale of Reinz original products, and
Only within the defined territory, within which the Cooperation Partner is authorised to sell Reinz original products.
4.
The Right of Use is not transferable and not subject to sub-licensing. The right of sub-licensing is excluded, insofar as this is necessary for the sale of Reinz original products, for example for the production of advertising products by third parties engaged by the Cooperation Partner.
5.
The permanent saving and archiving of the Materials by the Cooperation Partner is not permitted.
6.
Use of the Materials in the following cases always requires the separate prior consent of Reinz irrespective of the conditions in No. 3:
Publication on the internet;
Reproduction on television, in the press and on radio;
Reproduction in commercial published products or other publications for reselling purposes;
Inclusion in commercial databases or online systems.
7.
The conditions in No. 3 and No. 6 notwithstanding, the cooperation is not permitted to use the Materials in the following cases at all time:
Use of the Materials in a way that damages the reputation of Reinz or an affiliated company of Reinz;
Use of the Materials which breaches applicable legislation.
8.
When using the Materials provided, Dana/Victor Reinz must always referred to as the sole rights holders by adding the reference "Copyright by: Dana/Victor Reinz".
9.
Any form of editing or alteration to the Materials requires the expressly written consent of Reinz in each case. Excluded from this are changes, which related to the size of the images of the Materials, as well as colour corrections to the extent necessary for an adjustment to the respective reproduction medium.
10.
The Cooperation Partner shall send Reinz a complete sample of all publications, immediately, free of charge and without reminder, which contain ReinzMaterials and/or shall immediately provide Reinz with the full internet address of the internet page if ReinzMaterials are used on the internet.
11.
Reinz reserves the right to revoke the granting of the Rights of Useat any time with a three months´ notice after receipt of the revocation in written form. In case of a good reasonReinz is entitled to revoke the granting of the Rights of Use without notice also. Good reason is if, in particular, the Cooperation Partner sustainably breaches the interests of Reinz or an affiliated company of Reinz. The Cooperation Partner shall immediately cease all uses in case of revocation. Sales materials already produced– insofar as they have been produced correctly according to these Terms of Use – may continue to be used –after consulting with Reinz, in case the Rights of Use were not revoked by good reason.
12.
With regard to damages suffered by the Cooperation Partner in direct conjunction with the contractual use of the Materials provided, Reinz shall only be liable in the event of culpable and gross negligence of its statutory representatives, employees and vicarious agents. This shall not affect the liability of Reinz for damages from injury to life, limb or health, for damages from the breach of material contractual duties (obligation, the fulfilment of which facilitates the proper implementation of the contract and on whose fulfilment the contractual partners regularly rely and can rely, hereinafter referred to as "
Cardinal Duty
"). In the case of a breach of a Cardinal Duty, the liability of Reinz is limited, however, to compensation for the foreseeable, typically occurring damages. The restriction of liability shall not apply, to the extent that Reinz has assumed a guarantee or has maliciously concealed circumstances giving rise to claims for compensation.
13.
The law of the Federal Republic of Germany shall apply to these Terms of Use. Place of jurisdiction for all disputes is Neu-Ulm.
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