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ADA Cosmetics International GmbH Image Database Terms of Use

ADA Cosmetics International GmbH (hereinafter referred to as “ADA”), contact: ADA Cosmetics International GmbH, Rastatter Strasse 2A, 77694 Kehl, Germany, email: info@ada-international.com, gives you (hereinafter referred to as “Customers”) the opportunity to download (hereinafter referred to as “Download”) and use images of our products and other contents of this database (hereinafter referred to as “Data”) for the purposes specified below. For this purpose, we (“ADA”) grant Customers the right to use this Image Database and the Data in accordance with these Terms of Use.

Please read the Terms of Use carefully before downloading.

1. Object

1.1 The Terms of Use apply to all Data available for download on the website http://mediadb.ada-international.com (hereinafter referred to as “Image Database”).The Image Database provided by ADA is intended exclusively for our retail customers, in particular their media representatives and press departments, for internal use and product presentation. Access to the Image Database requires Customers to register with a user name and password.

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.

1.3 ADA grants Customers the right to use the Image Database and the Data in line with these Terms of Use. In addition, ADA shall regularly inform Customers about updates to the Image Database via news feeds, with ADA entitled to discontinue this service at any time and Customers entitled to revoke it at any time.

1.4 The right of use enables each Customer to access and use a Data volume specified by ADA in line with these Terms of Use.

2. Validity and amendment of the Terms of Use

2.1 ADA offers Customers the option to download and use the Data in line with these Terms of Use. Customers who register for this Image Database accept this offer and a contractual relationship is established between the Customers and ADA, entitling the Customers to use the Image Database and Data in accordance with section 3.

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.

2.4 ADA reserves the right to amend the Terms of Use with reasonable notice. The changes shall be displayed on the website. The changes shall be considered agreed if Customers do not object to them in writing to ADA within four weeks. ADA shall point this out to the Customers in the notice. Downloads made after the expiry of the objection period are subject to the modified Terms of Use; for previously made downloads and in the event of objection, the previous Terms of Use apply.

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.

4.3 If claims are made against ADA by a third party, a court or an authority due to the culpable conduct of Customers, in particular due to the culpable violation of these Terms of Use, the affected Customers shall release ADA from any liability for claims and bear the costs of legal defence. This also applies to claims of third parties for the violation of personal rights, copyrights or comparable rights that arise from the use of the Image Database or the Data by Customers, insofar as ADA is not liable under section 4.2.

5. General

5.1 Messages to Customers must be sent to the contact data stored during registration, and messages to ADA must be sent to the contact data listed in the introduction to these Terms of Use.

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.

5.3 If one or more provisions of these Terms of Use is or becomes invalid, the validity of the remaining provisions shall not be affected. In this case, a legally effective provision must be agreed upon which corresponds as closely as possible to the economic content of the fully or partially invalid provision.