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Licensing of uploaded files for comprehensive exploitation and commercial use
§ 1 Granting of rights to the subject matter of the agreement
(1) The Licensor hereby grants the Licensee the exclusive right, unlimited in time, space and content, to comprehensively use and exploit the Work within the framework of the Website, also with the aim of commercial marketing. The granting of rights expressly includes all known and unknown forms of offering possibilities on the Internet, in particular the possibility of integration within paid online services and websites as well as within the freely accessible Internet. In particular, the Licensor grants the Licensee the following exclusive, temporally and territorially unrestricted rights of use:
(a) the right to reproduce, make publicly available and distribute, i.e. the right to reproduce and make publicly available or publicly reproduce the work, including any technical possibilities, in particular by digital integration within the framework of the website, without limitation;
b) the right of making available on demand, i.e. the right to store the Work, to make it available to the public, to transmit it to one or more persons requesting it, in all analog or digital electronic databases, electronic data networks and networks of telecommunication services;
c) the right of communication to the public, i.e. the right to reproduce the work commercially or non-commercially, by sound carriers, image carriers, video carriers, multimedia carriers or other data carriers, in particular also magnetic tapes, magnetic tape cassettes, image discs, chips, in all formats, using all analog and digital processes and techniques;
d) the editing right, i.e. the right to transform and edit the work as desired, either by oneself or by third parties, in particular for the purpose of integrating it into the website, while preserving the author's moral rights;
e) the advertising right, i.e. the right to use the Work for advertising the Website, also in any other media and outside the Internet, namely on television and in print media, but not for advertising third-party products.
(2) The granting of rights also includes use of the works in excerpts and use in connection with other works.
§ 2 Duties of the Licensor
The Licensor shall make the respective Works available to the Licensee in electronic form.
§ 3 Duties of the Licensee
(1) The Licensee shall name the Licensor as the author or owner of the exploitation rights to the works at the location on the website where the works are embedded, provided that the Licensor has demonstrably indicated this in writing or text form when uploading the files. This naming shall be done by a lettering of at least 8pt size directly on the respective work.
(2) The Licensor shall grant the Licensee access to the Website free of charge at any time in order to enable the Licensee to monitor the Licensor's obligations. If an access code is required for the website, the Licensee shall provide it to the Licensor immediately after the works have been integrated into the website, but no later than three working days thereafter.
§ 4 Guarantee of ownership of rights, indemnification of the licensee
(2) Upon first request, the Licensor shall indemnify the Licensee against all claims of third parties, in particular claims for infringement of copyright and personal rights, which may be asserted against the Licensee in connection with the exercise of the contractual rights. The Licensor shall notify the Licensee without delay of any infringements of the contractual rights of which it becomes aware. The Licensee shall be entitled to take suitable measures himself to defend himself against claims by third parties or to pursue his rights. The Licensor shall coordinate its own measures with the Licensee in advance. The indemnification shall also include reimbursement of the costs incurred or incurred by the Licensee as a result of legal prosecution/defense.
(3) The indemnifications mentioned in paragraph 2 shall not apply if the claim of the third party results from the fact that the Licensee uses the Works contrary to the provisions set forth in this Agreement, in particular contrary to § 1.
§ 5 Consequences of Termination of the Agreement
§ 6 Final Provisions
(1) The contract concluded between the Licensee and the Licensor shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from this contractual relationship shall be the Marburg Regional Court, unless otherwise stipulated by mandatory law.
(2) Verbal collateral agreements to this contract do not exist. Amendments or supplements to this contract must be made in writing to be effective. The same shall apply to any waiver of this written form requirement.
(3) Should individual provisions of this contract be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions of this contract. The parties shall endeavor to replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the invalid or unenforceable provision in economic terms. The same shall apply in the event of a loophole in this contract.
Declaration of consent for the publication of photographs and names
in order to make our company presentation more personal overall, we would like to publish names and photos of some of our customers on our website. It is also possible that we implement this idea on other internet and media presences, such as YouTube, Twitter, Xing, Facebook, LinkedIn, etc.
We would be happy if you would give us your consent to publish your name and photo, of you, on our website and other internet and media presences. If we do not already have a photo of you, we would be happy to take one of you and store and use it for these purposes. We are also considering printing flyers or other print brochures about our company in the future. In that context, we would like to use photos and/or names of customers. We would be very pleased if you could give us consent to do so. Important notes: You are, of course, completely free to decide whether or not you wish to give consent. You can revoke your consent in whole or in part at any time. For this purpose, a phone call, an e-mail or a fax is sufficient. We will then remove your photo from the website or from the Internet or media presence within two weeks. The same applies to your name. If you have also given your consent for use in print products, we would continue to use the flyers/brochures that have already been printed. In the case of a new edition, we will then of course take into account that your photo and name will not appear again in the brochure/flyer. Please note that our Internet pages are also accessible to search engines. You must therefore expect that your name and your picture can also be found by search engines. Notes on copyright: You will not receive any remuneration from us for the use of the image material. By giving your consent, you also grant us the necessary simple rights of use for the planned use on the Internet or in print, provided that we do not already have the exploitation rights for the photo ourselves. If you provide us with a photo that you did not take yourself, you assure us that you are entitled to grant us the rights of use for the photo for the planned use. Further notes on data protection: The basis for processing the data is initially your consent. The purpose of the processing is to improve the external presentation of our company and public relations. However, with regard to the use of your data in print products, we also assume that this data processing is also permissible on the basis of a balancing of interests and that, in the event of a revocation of consent or an objection, we can at least continue to use the print documents that have already been printed. In the event of publication, your image data and personal details (in particular your name) may be passed on to service providers involved in the process. A specific transfer of your personal data to a so-called third country is not planned; nevertheless, it cannot be ruled out that our Internet pages may be accessed from countries that do not have an adequate level of data protection. We store and process your photo data and information until you revoke your consent or object to the use of the data in print documents.
You can reach the data protection officer of our group of companies at:
Rolf Werner Baldus
Mobile: +49 (0) 173 655 25 83
E-mail: rolf.baldus @ rwb-datenschutz.de
Of course, you also have a right to complain to a supervisory authority for data protection. Of course, you may contact any other supervisory authority you wish to contact. We are legally obliged to inform you of this.
Declaration of consent
With your declaration of consent you agree that my photo and/or my name will be published on the websites of the ILC companies under the above mentioned conditions, that my photo and/or my name will be used in print products of the ILC companies (brochures/flyers) under the above mentioned conditions, that my photo and/or my name will also be published on other internet and media presences of the ILC companies under the above mentioned conditions.