1.2 The Data specifically concerns products, photos, displays and logos as well as catalogues, folders and presentations of ADA. The Data itself as well as the displayed objects are copyright-protected. The scope and content of the Image Database are at the discretion of ADA and may be changed by ADA at any time.
2.2 When registering, Customers must always provide truthful information and keep this information updated. ADA must be notified of updates in writing. Customers shall not pass on their user name, password or account to third parties and shall protect them from third-party access.
2.3 This is an open-ended contact. Customers may terminate it at any time without notice, and ADA may terminate it with two weeks’ notice in writing.
2.5 ADA is entitled to process the user’s personal data for the purposes of the User Agreement. The data protection notice of ADA as stated in the Image Database applies.
3. Scope of the right of use
3.1 ADA grants Customers the free, non-exclusive, non-transferable and non-sublicensable right to use the Image Database and the Data. The right of use permits the use of the Data for the purpose of advertising, product information, illustration, sales promotion, merchandising training, business mediation as well as for editorial or other business purposes connected to the company and/or the products of ADA, to the following extent:
- The right to download the Data including associated reproductions;
- The right to reproduce, distribute and make publicly available the Data;
- The right to slightly amend and process the Data for objective reasons.
The use of photos from the ADA Image Database is permitted solely for advertising purposes for ADA products and/or as part of editorial reporting on ADA. The photos may be stored, reproduced, distributed and made publicly accessible for this purpose. Editing of the photos is not permitted.
3.2 The right of use is limited to a period of three years after download. In geographical terms, the right of use is limited to the territory of Germany. ADA is entitled to object to the right of use in line with section 3.1 c); in this case, ADA shall notify the user in writing of its objection, and the user shall then immediately cease such usage.
3.3 Any use of the Data outside the scope of use defined in section 3.1 and/or which takes unfair advantage of or adversely affects the good reputation of ADA and/or which violates applicable law is not permitted. In the event of doubt, ADA must give its prior written consent.
3.4 ADA reserves the right to partially and/or temporarily revoke the right of use for good reason. This shall not affect the right of termination established under point 2.3.
4. Liability and indemnification
4.1 ADA cannot be held liable for the proper running or permanent availability of the Image Database. ADA also assumes no liability for how up-to-date the Image Database is, nor its quality and completeness. This also applies to the usability of the Data within the scope of the granted usage purposes. ADA cannot accept liability for the violation of personal rights, copyrights or comparable rights of third parties that arise from the use of the Image Database or the Data.
4.2 The exclusion of liability as per section 4.1 does not apply in the event of intent or gross negligence, malicious concealment, claims under the Product Liability Act (Produkthaftungsgesetz – ProdHaftG) or negligent injury to life, body or health.
5.2 If the Customers are merchants, the agreed place of jurisdiction for all disputes in connection with the use of the Data is Bielefeld. German law applies.