Use of images and logos
A. Conditions of Use governing MEGWARE Computer GmbH’s image service
The purpose of MEGWARE Computer Vertrieb und Service GmbH’s image service is to support the advertising activities of third parties through the free provision of image material as a sales promotion aid. These Conditions of Use are based on the binding agreements concluded with the relevant photographers and are legally binding for all image material provided. Images are available for download from www.megware.com. The publication of a given image shall constitute acceptance of these Conditions of Use. All image material remains the property of MEGWARE Computer Vertrieb und Service GmbH. MEGWARE Computer Vertrieb und Service GmbH shall grant the User a simple right of use to the image material provided free of charge only if the use of the material in question serves to promote (advertising and public relations work) MEGWARE Computer Vertrieb und Service GmbH and is in accordance with the provisions stipulated in the following section. Free use of the images shall necessitate acceptance of the copyright notice pursuant to the provisions set out below. When publishing the images, the User shall be obliged under copyright law to indicate the copyright in the following manner “©MEGWARE Computer Vertrieb und Service GmbH” (as well as the names of any other parties holding rights to the image in question, provided such reference is required). Reference shall preferably be made in close proximity to the image in question or within a separate credits index, including the respective page number. Where this provision is not complied with, we reserve the right to charge €500.00 in each individual case, unless the User can prove that no or only minimal damage has been incurred.
The User must send MEGWARE Computer Vertrieb und Service GmbH a file copy immediately and without further request each time they publish an image.
The rights of use granted upon provision of the image material shall be granted only for the one-off use of said material. Any repeats or extensions of the right of use granted shall be permitted only with the prior consent of MEGWARE Computer Vertrieb und Service GmbH. The User shall not be entitled to reproduce the image material provided free of charge for their own archiving purposes, nor to electronically or digitally store any image data for archiving purposes (e.g. image databases). Any digitalized images of the material provided must be deleted after use. The image material may be passed on to third parties only for the purposes of reproduction; here too, the material must be deleted after use.
B. Free use of the images permitted only for
1. The composition of articles of a journalistic nature about MEGWARE Computer Vertrieb und Service GmbH for newspapers, journals, magazines, and brochures
2. The provision of advertising support for promotions connected to the marketing and sale of MEGWARE Computer Vertrieb und Service GmbH products
C. Exempt from free use are
All types of use not expressly stipulated under B., in particular such types of use for which the image primarily provides the basis for a for-profit business venture. This in particular concerns postcards, calendars, coffee-table books, posters, placards, and similar objects.
D. Further information
Prohibition of distortion or misrepresentation
The distortion or misrepresentation of the copyrighted work through, for example, copying, re-photography, photocomposing, or any other changes using photomechanical or digital means, is not permitted. Exceptions shall require the written consent of MEGWARE Computer Vertrieb und Service GmbH and the relevant photographer.
Compliance with the Press Code
The User shall be obliged to comply with the journalistic principles set out in the German Press Code. They shall bear responsibility for captioning. MEGWARE Computer Vertrieb und Service GmbH assumes no liability for any violation of the general right to privacy or copyright through the non-agreed, immoral, or distorting use of the image and/or text. The same shall apply for the derogatory representation of persons depicted in the images provided. In the event of a violation of these rights, only the User will be liable for damages to any third parties. Moreover, in such cases, the User shall be obliged to release MEGWARE Computer Vertrieb und Service GmbH from any claims by third parties and to compensate for any possible legal costs incurred. The use of the image material for immoral, violence-glorifying, pornographic, or any other unconstitutional purpose is strictly prohibited.
Liability for the image material provided
MEGWARE Computer Vertrieb und Service GmbH assumes no liability for claims for compensation resulting from the use of the image material provided. The User shall in each case bear full responsibility, including for the right to their own image. MEGWARE Computer Vertrieb und Service GmbH also assumes no liability for claims arising from the infringement of trademarks.
The free use of the images exclusively comprises the right of use for the photographic copyright. This shall in particular apply to those images whose contents are subject to further copyright (e.g. works of fine and performing arts). Fees for further copyrights and permissions for publication from collections, etc. must be paid for or obtained by the User.
Unless otherwise explicitly stipulated above, images must be used in compliance with the German Copyright Act (UrhG). German law will also apply to images from abroad. In each case, the place of fulfilment and jurisdiction will be Chemnitz.
Should any provision in these Conditions of Use become null and void, this provision shall not affect the validity of the remaining provisions. Any invalid provisions will be replaced by a provision that comes as close as possible to what the Parties to the Agreement intended or would have intended in accordance with the purpose of the Agreement if they had been aware of the invalidity of the provision.
Provided the User is a merchant pursuant to the German Commercial Code (HGB), the place of fulfilment and jurisdiction shall be Chemnitz.