These General Copyright Terms and Conditions (hereinafter "Terms") govern the relationship between the Digital Agency (hereinafter "Agency") and the users of the content made available on the Agency's corporate pages, including customers, partners and visitors to the website (hereinafter "Users"). The Terms are intended to clarify the rights and obligations of the parties involved in connection with copyright and related intellectual property rights.
Scope of application
The Terms and Conditions apply to all content provided on the Agency's corporate websites, including texts, images, graphics, logos, videos, audio material, software, databases, design elements and other works protected by copyright (hereinafter "Content"). Users are obliged to comply with the Terms and Conditions and to inform themselves about their contents.
The contents on the Agency's corporate pages are protected by the applicable copyright law and the relevant international agreements. The Agency or its licensors own the copyright and all related rights to the content, unless expressly stated otherwise. Use of the Content without the prior written consent of the Agency or its licensors is prohibited, except as permitted by these Terms or applicable law.
Scope of protection
Copyright law protects the owners of the rights to the content from unauthorized use, reproduction, distribution, making available to the public, adaptation, transformation or other exploitation of the protected works. This also includes the protection of ideas, concepts, designs and other intangible performances contained in the contents.
Users may only use the content on the Agency's corporate pages for personal, non-commercial purposes, unless expressly permitted otherwise. You may not reproduce, distribute, publicly display, edit, transform or otherwise exploit the Content, in whole or in part, except as permitted by applicable law or with the prior written consent of the Agency or its licensors.
Licenses and rights of use
Granting of licenses
The Agency may grant users limited, revocable, non-exclusive and non-transferable licenses to use the Content under these Terms or by separate agreement. The scope and terms of the license shall be determined on a case-by-case basis and may be determined by the Agency in its sole discretion. Users are obliged to comply with the licenses and rights of use in accordance with the respective terms and conditions.
Rights of use for customers
Within the framework of the Agency's contractual services for its customers, the Agency may grant the customers rights of use to the content created. Such rights of use may be simple or exclusive rights and may relate to specific acts of use, types of exploitation or territories. The exact conditions of the rights of use are specified in the respective contract or in the Agency's General Terms and Conditions.
Rights of use for partners
The Agency may grant rights of use of the content for its partners within the framework of partnerships or cooperations. The terms of the rights of use shall be specified in the respective agreements or contracts and may be determined by the Agency at its sole discretion.
Responsibility of the users
Legally compliant use
Users are responsible for the lawful use of the content on the Agency's corporate sites and compliance with these Terms and Conditions and all applicable laws and regulations. They undertake to respect the copyrights and other proprietary rights of the Agency and its licensors and not to take any actions that may lead to infringement of such rights.
Liability for violation of rights
Users are liable for all damages incurred by the Agency or its licensors due to the violation of the obligations set forth in these Terms and Conditions or due to the unauthorized use of the Content. They are obliged to indemnify the Agency and its licensors from all claims of third parties arising from infringements of rights by users.
Protection of intellectual property
Protection of trademarks and other marks
The trademarks, logos, company names and other distinctive signs used on the Agency's company pages are protected by trademark law, company law and other intellectual property rights. Users are obliged to respect these rights and not to take any actions that may lead to infringement of these rights.
Protection of trade secrets and know-how
The Agency and its licensors possess trade secrets and know-how related to the Content, the methods and technologies used in the creation of the Content, and the Agency's business strategies. Users are obliged to protect these trade secrets and know-how and not to take any actions that may lead to their disclosure or unauthorized use.
Changes to the Terms and Conditions
The Agency reserves the right to change these Terms at any time and without prior notice. Users are obliged to regularly check the current Terms and adjust their use of the Content accordingly. Continued use of the Content after the amended Terms come into effect shall be deemed as acceptance of the amendments.
Remedies and sanctions
The Agency or its licensors may demand that users who violate these Terms and Conditions or make unauthorized use of the Content cease and desist from the violating acts. This claim is independent of any further claims for damages or other legal remedies.
Claims for damages
Users shall be liable for all damages incurred by the Agency or its licensors as a result of the violation of the obligations set forth in these Terms and Conditions or as a result of the unauthorized use of the Content. The Agency or its licensors may claim damages from users that cover the actual damages incurred or lost profits.
The Agency may provide for contractual penalties for the violation of these terms and conditions or the unauthorized use of the content within the framework of contracts or agreements with the users. The amount of the contractual penalty shall be determined on a case-by-case basis and may depend on the degree of violation and the damage incurred.
Should any provision of these terms and conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. In place of the invalid or unenforceable provision, such valid and enforceable provision shall be deemed to have been agreed which comes as close as possible to the meaning and purpose of the invalid or unenforceable provision.
These Terms and Conditions shall be governed by the laws of the country in which the Agency has its registered office, excluding the conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods.
Place of jurisdiction
Any disputes arising out of or in connection with these Terms or the use of the Content shall be subject to the exclusive jurisdiction of the court at the location of the Agency's registered office, unless otherwise provided by mandatory law.
Language of the conditions
These terms and conditions are written in German. In the event of translations into other languages, the German version shall prevail in the event of discrepancies or questions of interpretation.