A  Image Database Terms of Use

  1. When users access this Image Database, they accept the following Terms of Use and a User Agreement based on these Terms of Use is concluded. 

  2. Users must apply the same care when using this Image Database as they would to their own property. When accessing the Image Database, they must, in particular, ensure that they do not transmit any viruses, trojans or any other comparable malware that could impair the usability of the Image Database either in whole or in part. 

  3. Users must refrain from wilfully or negligently manipulating or deleting the data in the Image Database, or copying the images for any purposes other than those specified in the Terms of Use, or giving third parties access to such images. 

  4. Users must store any passwords issued in a safe place and only give these to employees who need to access the Image Database as part of their jobs. 

  5. Users are liable without limitation pursuant to statutory regulations. Furthermore, users must, at first request, indemnify Wilkhahn against any entitlements from third parties if culpable breach of this User Agreement by the users also constitutes a breach of third-party rights. Such indemnification also includes the entitlement to advance payment of reasonable costs for mounting a legal defence. Should third parties assert their rights, Wilkhahn reserves the right to negotiate with them in or out of court, will inform users about this course of action and given them reasonable opportunity to participate in such negotiations. Should Wilkhahn incur any liabilities as a result of settlements, users must meet such liabilities within the scope of the entitlement to indemnification, unless the level of the liabilities incurred appears inappropriate in legal and financial terms, particularly in consideration of current legislation. 

  6. Amendments and additions to this User Agreement must be made in writing. Such proviso also applies to amending this clause requiring the written form. No verbal collateral agreements have been made. Users’ terms and conditions do not apply. 

  7. Should any terms in this User Agreement be or become null and void or unenforceable either in whole or in part, they will not prejudice the enforceability of the rest of the Agreement. Should this happen, Wilkhahn and the users undertake to replace the void or unenforceable term with a valid or enforceable one that is equivalent to, or approximates as closely as possible the commercial purpose of the original one. The same applies should there be a lack of provisions. This User Agreement is subject to the law of the Federal Republic of Germany and excludes the UN Convention on Contracts for the International Sale of Goods.

  8. Bad Münder, Germany, is the venue for any disputes arising from this User Agreement. 

  9.  

B   Image Database Terms of Use

  1. By placing a tick in the agreement-checkbox when downloading the image(s) stored in the Image Database belonging to Wilkening+Hahne GmbH & Co. KG (“Wilkhahn” including companies affiliated with Wilkhahn that include the Wilkhahn brand name in their company’s name), users accept the following terms for using the image(s) and conclude a user agreement with Wilkhahn on this basis (“User Agreement”). Image(s) are defined as the photo or photographic material, or just parts thereof, stored electronically in the Image Database in any editable form (if editing is permitted). All the following Terms of Use take precedence over any other agreement between users and Wilkhahn, unless such condition has been specifically ruled out in writing. 

  2. Users are given a revocable, non-exclusive, non-transferable right, which is free of charge and unlimited in terms of time and place, to use the images in conjunction with the sale of Wilkhahn products or presenting Wilkhahn as a company or for people who work for Wilkhahn. The right to use the images includes the right to distribute, publish and make them accessible to the public, or store them in such a way that they can be retrieved. In this context, usage is limited to using and processing in any form printed and online advertising material, such as folders, catalogues, brochures, faxes, info booklets, information scripts, apps, online tools such as meta tags, or keyword advertising etc. and to forwarding such images free of charge for use by sales and marketing platforms in the furniture industry, such as internet portals, mobile devices, local info points etc. 

  3. Users are prohibited from editing the images in any way, i.e. by overexposing or underexposing, manipulating or cutting them out, where such action is not absolutely necessary within the scope of the permitted usage. 

  4. When the images are used, credit must always be given to the owner of the images based on the information in the Image Database. Reference must also be made to Wilkhahn as the owner of the rights. Furthermore, in particular when the public is given access to the images, users must be made aware that using the images, e.g. by copying them from online images, is prohibited. 

  5. Without explicit consent in writing from Wilkhahn, users may not seek copyright protection for the images or parts thereof in any form as a trademark or design.  

  6. Wilkhahn has, to the best of its knowledge and belief, ensured via agreements with the owners of the images that users can exercise the rights of usage granted. However, Wilkhahn provides no guarantee or warranty that the images are not encumbered by the rights of third parties. Redress may only be sought vis à vis Wilkhahn regarding the rights of third parties if Wilkhahn has acted wilfully or with gross negligence in failing to reach an agreement with the owners of the rights, or has reached an agreement that is inadequate.  

  7. In the case of breaches of the aforementioned Terms of Use, Wilkhahn is entitled to revoke the right granted in clause 2 with immediate effect. Prior warning is not required. Furthermore, Wilkhahn is entitled to demand an appropriate sum per day of any usage of the images that runs contrary to the User Agreement, if such breach is based on culpable conduct on the part of the users or their agents. 

  8. Users are liable without limitation pursuant to statutory regulations. Users must also, at first request, indemnify Wilkhahn against any entitlements by third parties, in particular the owners of the images, if culpable breach of this User Agreement by the users constitutes a breach of third party rights. Such indemnification also includes the entitlement to advance payment of reasonable costs for mounting a legal defence. Should third parties assert their rights, Wilkhahn reserves the right to negotiate with them in or out of court, will inform users about this course of action and given them reasonable opportunity to participate in such negotiations. Should Wilkhahn incur any liabilities as a result of settlements, users must meet such liabilities within the scope of the entitlement to indemnification, unless the level of the liabilities incurred appears inappropriate in legal and financial terms, particularly in consideration of current legislation. 

  9. Should breaches of this User Agreement occur, Wilkhahn can take steps to provide legal protection in the interim; the urgency of measures is always assumed if users continue to act in violation of the Agreement despite being issued a warning or warnings. 

  10. Amendments and additions to this User Agreement must be made in writing. Such proviso also applies to amending this clause requiring the written form. No verbal collateral agreements have been made. Users’ terms and conditions do not apply. 

  11. Should any terms in this User Agreement be or become null and void or unenforceable either in whole or in part, they will not prejudice the enforceability of the rest of the Agreement. Should this happen, Wilkhahn and the users undertake to replace the void or unenforceable term with a valid or enforceable one that is equivalent to, or approximates as closely as possible the commercial purpose of the original one. The same applies should there be a lack of provisions. 

  12. This User Agreement is subject to the law of the Federal Republic of Germany and excludes the UN Convention on Contracts for the International Sale of Goods.

  13. Bad Münder, Germany, is the venue for any disputes arising from this User Agreement.

  14.