Usage agreement for photographs and logos

between

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 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, limited right of use 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 rights includes the USER’s right to use the PHOTOGRAPHS and/or LOGOS exclusively for the purposes of advertising REBER/RCP products. For this purpose only, the USER may use the PHOTOGRAPHS and/or LOGOS as printed advertising material and/or have them used, and/or make them publicly accessible exclusively on the USER’s own website and/or have them made accessible, and/or use them as decorative material exclusively in the USER’s business premises or internal product databases and/or have them used.

The USER may reproduce and/or distribute the PHOTOGRAPHS and/or LOGOS only to the extent necessary for these purposes. If the USER makes them publicly accessible on its own website, the USER undertakes to protect them from downloading or copying by third parties as far as technically possible and reasonable, and not to disclose the password for the download area. REBER/RCP reserves the right to change the password at irregular intervals.

All other types of use are expressly excluded. Any further rights remain exclusively with REBER/RCP. In particular, the USER may not alter, edit or modify the PHOTOGRAPHS and/or LOGOS, make them publicly accessible via data networks (especially the internet), broadcast them, or use them for purposes other than those expressly stated in this agreement. All future types of use also remain with REBER/RCP. The USER is not permitted to register the PHOTOGRAPHS and/or LOGOS in original or altered form as a design or trademark in Germany or abroad.

The USER undertakes to affix the copyright notice “Copyright by Paul REBER/RCP GmbH & Co. KG” clearly visible directly in or immediately adjacent to each PHOTOGRAPH in digital use.

3. General provisions

3.1. Downloading and/or using the PHOTOGRAPHS and/or LOGOS provided by REBER/RCP is only permitted on the basis of this User Agreement. Only USERS expressly listed in this agreement may use them. All rights not expressly granted remain with REBER/RCP.

3.2. The right to use the PHOTOGRAPHS and/or LOGOS is expressly limited to the respective distribution or sales territory.

3.3. Only USERS may download or otherwise use the PHOTOGRAPHS and/or LOGOS. Third parties who are not USERS are not permitted to do so. The right to have the PHOTOGRAPHS and/or LOGOS used within Section 2 remains unaffected. The right of use is inseparably linked to USER status. Once USER status as a business customer ends, the right of use automatically expires.

3.4. The USER acknowledges that REBER/RCP and their brands belong to the premium sector and will respect this when using the PHOTOGRAPHS and/or LOGOS. In line with the ECJ ruling of April 23, 2009 (C-59/08, Copad v. Dior), the USER is prohibited from using them in a manner that could damage the prestige of REBER/RCP or their brands.

3.5. The USER must compensate REBER/RCP for all damages arising from contractual breaches in the use of the PHOTOGRAPHS and/or LOGOS by the USER or third parties commissioned by the USER. The USER is liable for vicarious agents pursuant to Section 278 BGB.

3.6. REBER/RCP does not guarantee that it holds all rights of use granted here, nor that they are free from rights of third parties.

3.7. The USER indemnifies REBER/RCP from all claims asserted by third parties due to contractual breaches in the use of the PHOTOGRAPHS and/or LOGOS by the USER or third parties commissioned by the USER. The USER is liable in accordance with Section 278 BGB.

3.8. By downloading or using the PHOTOGRAPHS and/or LOGOS, the USER acknowledges this User Agreement and confirms that he is an authorized USER within the meaning of Section 1.

3.9. The USER may not dispose of the rights granted under this agreement without written consent from REBER/RCP. Except for Section 2, the USER may not allow third-party use, transfer rights, pledge them, or create other proprietary rights.

3.10. This User Agreement contains all agreements of the PARTIES regarding the subject matter. No verbal side agreements exist.

3.11. Amendments or additions to this agreement must be made in writing. This also applies to this clause.

3.12. If any provision of this agreement is or becomes invalid or void, the agreement shall nevertheless remain effective. The PARTIES will replace invalid provisions with valid ones that come closest to the intended economic purpose.

3.13. This User Agreement is governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods.

3.14. For all disputes arising from or in connection with this agreement, the PARTIES agree—where legally permissible—to the exclusive jurisdiction of the Regional Court Munich I, Chamber for Copyright Disputes.

As of January 3, 2025