Terms and conditions of use of digital artwork from UVEX SAFETY GmbH & CO. KG

The following provisions regulate the use of the media database provided by

UVEX ARBEITSSCHUTZ GMBH
Würzburger Str. 181-189
90766 Fürth
Deutschland

(hereinafter referred to as "Provider").

The media database is a database with various digital contents that are under copyright and/or trademark protection. The database contains in particular photographs of products and/or people, company and product logos, product descriptions, videos and podcasts.

The Provider reserves the right to change the content of the media database at any time, to edit individual or all of the content, to delete it and/or to add new content.

The use of the media database is only permitted on the basis of the following terms of use.

By registering and/or using the media database, the user agrees to the terms of use in their respective version.

The Provider does not accept deviating terms and conditions of the user unless the Provider expressly agrees to them in writing.

Prior registration is required to use the media database. However, there is no entitlement to access to the media database.

For registration, personal data is collected, stored and processed to check the user’s authorization to access the media database. The user is obliged to provide truthful information when registering. Further information on the collection, processing and storage of personal data can be found in the Data Protection Declaration.

The Provider reserves the right to revoke the access authorization by blocking the user data without giving reasons.

The Provider is entitled to carry out technical changes or maintenance work at any time which could lead to the media database being temporarily unavailable. The Provider will endeavor to keep these downtimes to a minimum. The user is not entitled to constant access to the media database.

The user is obliged to keep his user name and password secret, in particular not to pass them on to unauthorized third parties and to take measures that exclude direct or indirect use by third parties. If the user is responsible for the improper use of the access data by an unauthorized third party, the user is liable for damages. In this respect, the Provider expressly reserves the right to assert claims for damages.

All files stored in the media database (hereinafter "content") are the property of the Provider or its affiliated companies within the meaning of Section 15 AktG (German Stock Corporation Act) or are used under license.

The following granting of usage rights apply subject to a deviating regulation in the context of the individual description of the content in the media database, which may result in additional temporal, spatial or objective restrictions with regard to the subsequent granting of usage rights.

The Provider grants the user a free, non-exclusive, non-transferable right to use the content, in particular to reproduce, distribute and publicly reproduce it, however only (a) to advertise the products of the Provider or its affiliated companies, (b) to create sales materials for such products, (c) for editorial use for reporting by the press or (d) for the provision of services by agencies that have been contractually agreed with the Provider or its affiliated companies. The rights of use apply solely for the duration of the cooperation between the user and the Provider. Spatially, the usage rights are limited to the EU, Switzerland, Norway, the United Kingdom, Russia, Australia, China, Japan and South Africa. For other countries the usage rights can be granted on request. Such extension by the Provider must be in writing.

The use of the content from the media database must generally be approved in writing by the Provider in advance. The user is therefore obliged to send a PDF of the design or layout stating the purpose (e.g. "product catalog" or "trade magazine advertisement") to improof@uvex.de.

Editing, redesigning or other changes to the content are not permitted. This does not include the black and white reproduction of the logos, insertion templates or product and promotion images. The sale or commercial distribution of the content is prohibited.

Use of the content in connection with other content that violates human dignity, is racist, misogynistic, harmful to minors, pornographic, right-wing extremist or otherwise illegal content is not permitted.

Any use of the content made available beyond the rights of use expressly granted here is not permitted.

The Provider may revoke the above rights of use at any time without giving reasons for the future, whereby a legitimate interest of the user, e.g. with regard to advertising materials that have already been produced, must be taken into account in individual cases.

If the cooperation between the Provider and the user ends, the user is obliged to immediately delete the downloaded content and any copies made.

The indication of source given in the media database must be adopted identically when the content is published. Unless otherwise agreed in accordance with § 13 sentence 2 UrhG (German Copyright Law), the user is also obliged to attach a copyright notice to the content in the manner customary so that an assignment to the Provider is clearly possible.

If the content is published as part of a press product, the user must send a specimen copy stating the published content immediately after publication, unsolicited and free of charge. If the publication took place online, the user is obliged to send a link to the relevant website or corresponding screenshots instead of a specimen copy.

If the user fails to make the notations prescribed in this paragraph when publishing the content, the user must hold the Provider free from all third-party claims based on the missing information. The Provider reserves the right to assert further claims.

In each case of violation of the obligations contained in this Agreement, the user has to pay a contractual penalty to the Provider to be determined by the Provider at its reasonable discretion and to be reviewed by the competent jurisdiction in the event of a dispute. The right to claim further damages remains reserved.

The user is solely responsible for complying with the spatial, temporal and objective restrictions that apply to the respective content, as well as for observing the applicable statutory provisions, in particular competition law, when using the content.

The user undertakes to indemnify the Provider and its affiliated companies from all third-party claims that arise due to illegal use of the content or use that goes beyond the rights of use granted by these terms of use by the user, his vicarious agents and other third parties acting on behalf of the user.

The Provider does not guarantee that the media database or its content are virus-free. The user must ensure that appropriate security measures are taken for their own protection before downloading content, e.g. by installing suitable virus protection programs.

The Provider is only liable for the breach of essential contractual obligations, i.e. obligations the fulfillment of which enable the proper execution of the contract in the first place, for the breach of other obligations only in the case of intent and gross negligence. In the event of a slightly negligent breach of essential contractual obligations, the Provider's obligation to pay compensation is limited to the damage that has been proven and foreseeable at the time the contract was concluded and which the user could not avoid. Any further liability is excluded.

Statutory exclusions or restrictions of the Provider's liability remain unaffected.

The above limitations of liability also apply in favor of the legal representatives, employees and other vicarious agents of the Provider. However, they do not apply to damage resulting from culpable injury to life, limb and health, if a guarantee of quality has been given, in the case of fraudulent concealment of a defect and for liability under the Product Liability Act.

The Provider is entitled to change these terms of use with effect for future access to the media database at any time. The user is responsible for actively informing himself about the current version of the terms of use.

These terms of use are final and complete and replace all previous written or oral agreements and understandings. Subsidiary agreements must be made in writing.

The sole place of jurisdiction for all disputes related to the contract is the registered office of the Provider. German law applies to this contract. The Vienna UN Sales Convention (CISG) is excluded.

Should a provision of these terms of use be or become void in whole or in part, or should a loophole arise, the remaining conditions shall remain in effect unless the purpose intended by the terms of use would be thwarted. The ineffective, unenforceable or missing provision is replaced by the legally permissible and enforceable provision which, in the opinion of the parties, comes closest to the meaning and purpose of the ineffective, unenforceable or missing provision.