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Media Database Terms of Use

Gira Giersiepen GmbH & Co KG provides its customers with photographic material of its own products in the media database. The contractual terms between Gira Giersiepen GmbH & Co KG, Dahlienstrasse 12, 42477 Radevormwald, Germany (“Licensor”) and you (“Licensee”) as user of the photographic material provided via the media database are set out below.

By downloading the photographic material made available via the media database, you agree to the applicability of the following provisions.

1. Subject of the Contract

This agreement applies to the photographic material made available to the Licensee by the Licensor. The photographic material is made available to the Licensee for download. The photographic material may be used for editorial and advertising purposes in accordance with the following conditions.

2. Rights of Use

(1) The Licensor grants the Licensee a simple (non-exclusive), non-transferable, non-sublicensable right, without restriction in terms of time, location or content, to use the photographic material in accordance with this agreement. Specifically:

- Simple right of use: the photographic material may also be used by other licensees

- Unlimited in time: there is no expiry or end date for the use of the photographic material

- Unlimited in location: the photographic material may be used in any geographical area

- Unlimited in content: the photographic material may be used in an unlimited number of projects and editions

- Scope of use: the right of use granted to you includes the right to reproduce, distribute and make publicly availabled

- Media: You may use the photographic material in all online (e.g. website) and offline media (e.g. print media) as well as on social media platforms.

(2) Any deviating regulations are shown separately on the specific image and are part of this agreement. These deviating regulations take precedence over the provisions of this agreement. In all other respects, however, the provisions of this agreement continue to apply.

(3) The Licensee is not permitted to edit the photographic material (where this goes beyond adjustments necessary for technical reasons), to transfer the rights to use the photographic material to third parties or to grant sublicences for the use of the photographic material to third parties. The Licensee may, in exceptional cases, pass on the photographic material to third parties if the Licensee is acting in the capacity of a service provider for a customer and the photographic material is used exclusively by the Licensee’s customer without the Licensee using the photographic material in its own name. In this case, the Licensee shall inform the customer of the applicability of these licence conditions.

(4) Any use of the photographic material for illegal purposes such as pornography, defamation, racist and other discriminatory statements is prohibited.

(5) The Licensee is obliged to retain all information and metadata embedded in the electronic file of the photographic material and to maintain appropriate security measures to protect the content against unauthorised use by third parties.

(6) Any time the photographic material is used, the reference to Gira must be maintained.

(7) All rights that are not expressly granted to the Licensee under this agreement shall remain expressly with the Licensor.

(8) Any use of the photographic material that is in breach of these terms and conditions constitutes a copyright infringement that entitles the Licensor to exercise its rights and bring legal action as provided under copyright laws.

3. Indication of the Creator

If the photographic material is used for editorial purposes, the Licensee is obliged to name the creator in close proximity to the photographic material used, as specified in the image download. The notice should be worded as follows: “Photo: [Name of the photographer]/source: Gira Media Database”.

4. Downloading Images

(1) The Licensee may download images for various applications in corresponding quality levels ranging from web quality to print quality.

(2) As a registered user, the Licensee also has access to two types of high-resolution images (RGB and CMYK for offset printing).

5. End of the Right of Use

(1) The right to use the photographic material expires if the Licensee breaches the provisions of this agreement. In this case, the Licensee is obliged to immediately cease using the photographic material and delete or destroy all copies. If the Licensee has downloaded the photographic material for a customer, the Licensee is obliged to ensure that its customer also takes the appropriate action.

(2) The Licensor is entitled to revoke the right to use the photographic material, in particular if third parties assert claims against the Licensor arising from a breach of rights through the use of the photographic material. The Licensor shall inform the Licensee of the revocation of the right of use. Paragraph 1 shall then apply accordingly.

(3) The Licensee is entitled to claim damages in the event of revocation. Section 6 shall then apply accordingly.

6. Liability

(1) The Licensor is not liable for losses or damage due to loss of profit, data loss, or any other financial loss that arise during use of the photographic material. This limitation of liability applies to all compensation claims on the part of the Licensee, regardless of the legal grounds. This limitation of liability does not apply to losses or damage caused by a wilful act or gross negligence on the part of the Licensor, its agents or other persons employed by the Licensor.

(2) Furthermore, the limitation of liability does not apply to losses or damage due to personal injury, loss of life, or damage to health, nor does it apply in respect of guarantees assumed by the Licensor (liability under a guarantee).

(3) Claims of the Licensee that are based on the statutory product liability provisions, and liability for losses or damage resulting from a breach of material contractual obligations (cardinal obligations) that is negligent at best, also remain unaffected by the exclusion of liability. Material contractual obligations are obligations whose breach would jeopardise the purpose of the contract and upon whose fulfilment the contracting party may therefore justifiably rely.

7. Applicable Law and Place of Jurisdiction

(1) These terms of use are governed by the law of the Federal Republic of Germany under express exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). This choice of law leaves unaffected the application to consumers of such regulations of the state in which the consumer has his/her habitual residence, from which no derogations may be agreed under the laws of that state

(2) The place of jurisdiction is the competent court for the registered office of the Licensor. This does not apply if the Licensee is not a merchant, a legal entity under public law, or a special fund under public law, or if it has no general place of jurisdiction within the Federal Republic of Germany.

8. No participation in consumer arbitration in accordance with the German Act on Alternative Dispute Resolution in Consumer Matters (VSBG)

The Licensor shall not participate in any consumer arbitration before a consumer arbitration board pursuant to the German Act on Alternative Dispute Resolution in Consumer Matters (VSBG).

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