Usage agreement for photographs and logos

between

of
the company Paul REBER GmbH & Co. KG/ Rüdesheimer Confiserie
Pralinen GmbH & Co. KG, Ludwigstraße 10-12, 83435, Bad Reichenhall, –
hereinafter: REBER/RCP –

and

the USER

– USER and REBER/RCP hereinafter also referred to as PARTIES –

1. Definitions

 

1.1. “USER” within the meaning of this User Agreement is exclusively business customers of REBER/RCP.

1.2. “PHOTOGRAPHS” within the meaning of this User Agreement are exclusively digital representations of REBER/RCP goods.

1.3.
“LOGOS” within the meaning of this user agreement are exclusively
digital representations of registered word/image and/or figurative
trademarks of the company REBER Holding GmbH & Co. KG (REBER/RCP).

2. Regulations for photographs and logos

 

2.1. On the basis of this user agreement, REBER/RCP transfers to the USER the simple right of use, limited in accordance with this user agreement, to the PHOTOGRAPHS and/or LOGOS, which can be downloaded from the download area of the REBER/RCP online platform under the domain “www.REBER/RCP.com”.

2.2. REBER/RCP grants the USER the simple right of use of the PHOTOGRAPHS and/or LOGOS to be downloaded. This granting of the right of use includes the USER’s right to use the PHOTOGRAPHS and/or LOGOS exclusively for the purposes of advertising REBER/RCP products and/or to have them used. For this purpose alone, the USER is entitled to use the PHOTOGRAPHS and/or LOGOS as printed advertising material and/or to have them used and/or to make the PHOTOGRAPHS and/or LOGOS available to the public exclusively on the USER’s own website and/or to have them made available and/or to use the PHOTOGRAPHS and/or LOGOS as decorative material exclusively in the USER’s business premises or internal product databases and/or to have them used. The USER is entitled to reproduce and/or distribute the LIGHT IMAGES and/or LOGOS to the extent necessary solely for these purposes. If the USER makes the LIGHT IMAGES and/or LOGOS accessible to the public on its own website and/or has them made accessible, the USER undertakes to REBER/RCP, as far as technically possible and reasonable, to protect the LIGHT IMAGES and/or LOGOS against downloading and/or copying by third parties and not to pass on the password for the download area to third parties. REBER/RCP reserves the right to change the password at irregular intervals. All other types of use are expressly excluded. Any further rights of use remain exclusively with REBER/RCP. In particular, the USER is not entitled to make changes, edits or other modifications of any kind, to make the PHOTOGRAPHS and/or LOGOS available to the public for public reproduction via data networks (in particular the Internet) without any spatial restrictions and at times of their choosing or by radio, such as television broadcasting, satellite broadcasting, cable broadcasting or similar technical means, online and/or offline and/or to use and/or have used the PHOTOGRAPHS and/or LOGOS for purposes other than those expressly stated in this user agreement. All new types of use in the future also remain exclusively with REBER/RCP. In particular, the USER does not have the right to register the PHOTOGRAPHS and/or LOGOS in the original and/or in a modified or otherwise redesigned form in whole and/or in part as a protective right, in particular a design and/or trademark, in Germany and/or abroad.

The USER undertakes to affix the copyright notice “Copyright by Paul REBER/RCP GmbH & Co. KG” in a clearly visible manner directly in or immediately adjacent to the respective PHOTOGRAPH if it is used digitally.

3. General provisions

3.1. The downloading and/or other use of the LIGHT IMAGES and/or LOGOS provided by REBER/RCP is only permitted on the basis of this user agreement. The downloading and/or use of these LIGHT IMAGES and/or LOGOS is only permitted to the USERS expressly listed in this user agreement. The right of use is limited to the types of use expressly stated in this user agreement. All rights of use not expressly granted in this user agreement remain with REBER/RCP.

3.2. The right to use the PHOTOGRAPHS and/or LOGOS in accordance with this User Agreement is expressly limited to the respective distribution or sales area (territory).

3.3. Only USERS are permitted to download and/or otherwise use the PHOTOGRAPHS and/or LOGOS provided by REBER/RCP. Third parties who are not USERS are not permitted to download and/or otherwise use PHOTOGRAPHS and/or LOGOS. The USER’s right to have the PHOTOGRAPHS and/or LOGOS used within the scope of Section II remains unaffected. The right of use under this user agreement is inseparably linked to the status as a USER within the meaning of this user agreement. As soon as the USER’s status as a business customer of REBER/RCP ceases to apply, the right of use under this user agreement also expires automatically, without the need for termination or any other declaration by REBER/RCP.

3.4. The USER is aware that REBER/RCP and their brands belong to the premium sector and will take this premium positioning into account when using the PHOTOGRAPHS and/or LOGOS. In accordance with the decision of the European Court of Justice of April 23, 2009, case no. C-59/08 (Copad v. Dior), the USER is particularly prohibited from using the PHOTOGRAPHS and/or LOGOS in a way that is likely to damage the prestige of REBER/RCP and/or their brands.

3.5. The USER is obliged to compensate REBER/RCP for all damages that arise from the use of the PHOTOS and/or LOGOS by the USER and/or third parties commissioned by the USER in breach of contract. The USER is liable in particular for vicarious agents within the meaning of Section 278 of the German Civil Code (BGB).

3.6. REBER/RCP does not guarantee that it is entitled to the rights of use granted to the USER under this user agreement. Furthermore, REBER/RCP does not guarantee that these rights of use are free from third-party rights.

3.7. The USER indemnifies REBER/RCP against all claims made by third parties against REBER/RCP due to the use of the PHOTOS and/or LOGOS by the USER and/or third parties commissioned by the USER in breach of contract. The USER is therefore liable in particular for vicarious agents within the meaning of Section 278 of the German Civil Code (BGB).

3.8. By downloading and/or using the PHOTOS and/or LOGOS, the USER acknowledges this user agreement and in particular declares that he is an authorized USER within the meaning of Section 1.

3.9. The USER is not entitled to dispose of the rights of use granted to him under this user agreement without the express written consent of REBER/RCP. In particular, with the exception of the cases expressly regulated in Section 2 of this user agreement, the USER is not entitled to allow third parties to use the PHOTOS and/or LOGOS, to transfer the rights from this user agreement to third parties, to pledge them or to make them the subject of other property rights.

3.10. This user agreement contains all regulations of the PARTIES with regard to the subject matter of the contract. There are no oral side agreements to this user agreement.

3.11. Changes and additions to this user agreement must be made in writing. This written form requirement also applies to changes to this written form clause.

3.12. The PARTIES are aware of the risk that one or more provisions of this user agreement could prove to be ineffective or void, contrary to the current ideas of the PARTIES. Even in such a case, the PARTIES want to exclude any doubt about the effectiveness of this user agreement. Should one or more provisions of this user agreement, including these regulations, be or become completely or partially ineffective or void, or should the user agreement contain a regulatory gap, the user agreement shall therefore remain effective not only in case of doubt, but always, contrary to Section 139 of the German Civil Code (BGB). Instead of the ineffective or missing provisions, the PARTIES undertake to replace them with provisions that come closest to the intended economic result.

3.13. This user agreement is subject exclusively to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

3.14. For all disputes arising from and/or in connection with this User Agreement, the PARTIES agree – to the extent permitted by law – that the Munich I Regional Court, Chamber for Copyright Disputes, shall have exclusive jurisdiction.

As of January 3, 2025