These Terms and Conditions of Use shall govern use of the media database of Bitburger Braugruppe GmbH, Römermauer 3, 54634 Bitburg ("Bitburger") on the website www.bitburger-international.com. The content made available in the media database for retrieval ("Content" or "Media Content") shall be used only in accordance with the following Terms and Conditions of Use.
In individual cases, these Terms and Conditions of Use may be supplemented, modified or replaced by further terms and conditions, in particular usage restrictions in terms of time, territory and subject-matter for specific Content, and shall become invalid if replaced with new Terms and Conditions of Use. By downloading Content from the media database, you shall establish a contractual relationship with Bitburger in accordance with these Terms and Conditions of Use. You shall be entitled to download, print out and store these Terms and Conditions at any time on the aforementioned website. Bitburger shall not collect and store any further contractual data from users. The user is in agreement that Bitburger shall not send electronic confirmation of the Content procured from the media database. German shall be available as the contractual language.
In particular, please observe the following basic rules regarding usage:
Beyond the general usage stipulations provided for below, the material shall, in part, be subject to specific usage restrictions in terms of territory, time and subject-matter. Such restrictions shall ensue directly from the specific details relating to the Content concerned in the media database. As any failure to adhere to such restrictions could entail copyright infringement claims by Bitburger and/or third parties, all restrictions must be carefully noted and adhered to by the user.
The usage license may be revoked by Bitburger at any time with effect for the future without reasons being given. However, any justified interest of the user, e.g. in respect of advertising material already produced, shall be taken into account in the individual case concerned.
1. Content of the Bitburger Media Database
1.1 The Bitburger media database is a database with various digital Content that enjoys protection under copyright law or trademark law. In particular, the database contains photographs of products and/or personal logos, company logos, product logos, advertisements, promotional texts, videos and podcasts.
1.2 Bitburger hereby reserves the right to at any time alter the media database, edit or delete some or all Content and/or add new Content. The user shall have no entitlement to the provision of certain Content or to uninterrupted access to the media database. Bitburger may at any time permanently or temporarily close the media database without giving reasons, in particular also for the execution of servicing work or technical alterations.
2. Access to the Media Database
Access to the media database shall be possible without prior registration. The Content kept in the media database shall however be used only by the user groups definitively listed below, and only in accordance with these Terms and Conditions of Use:
- distribution partners of Bitburger (the trade, drinks wholesalers, catering businesses)
- the press
- agencies acting on behalf of Bitburger or partner companies.
3. Permitted Uses
3.1 All copyrights and trademark rights in the Content made available via the media database shall accrue to Bitburger or be exercised by Bitburger. Unless otherwise provided for in the specific description of the Content within the media database from which additional restrictions in terms of territory, subject-matter or time may arise in respect of the following rights of use, the following rights of use shall apply.
3.2 Bitburger hereby grants the authorized users under Section 2 the non-exclusive, non-transferable right to use the Content, in particular to copy the Content, distribute the Content and communicate the Content to the public, but only for the purposes, and on the conditions, specified below:
- for advertising Bitburger and Benediktiner products
- for the production of sales material for Bitburger and Benediktiner products by dealers and the catering trade
- for promoting Bitburger and Benediktiner products sold online
- for promoting the company Bitburger or Bitburger and Benediktiner products on company / catering websites
- for editorial use by the press in connection with reporting on Bitburger and/or on Bitburger and Benediktiner products
3.3 It shall be impermissible to use Content in conjunction with content that violates human dignity, racist content, misogynistic content, content that is morally harmful to young persons, pornographic content and/or extreme right-wing content.
3.4 Any usage of the material beyond the purposes specified in subsection 3.2. shall be impermissible, unless Bitburger has given its express prior written consent.
3.5 The Content made available shall not be altered, edited, adapted or otherwise falsified. Nor shall any copyright notices or other names, logos or trademarks be removed from the material. By way of exception, Content declared in the media database as constituting "modifiable advertisements" may be edited.
3.6 It shall be permissible to incorporate Content in unmodified form into the user's own material (e.g. advertising material, sales material, editorial content), insofar as these Terms and Conditions of Use are complied with in all other respects.
3.7 The user shall not transfer to third parties the rights of use granted to it.
3.8 The above rights of use may be revoked by Bitburger at any time with effect for the future without reasons being given. However, any justified interest of the user, e.g. in respect of advertising material already produced, shall be taken into account in the individual case concerned.
4. Warranty and Liability
4.1 The user itself shall be exclusively responsible for adherence to the restrictions in terms of territory, time and subject-matter applicable to the respective content, and shall, when using the Content concerned, observe the applicable statutory provisions, in particular the stipulations under competition law and the law on the protection of young persons.
4.2 The user hereby undertakes to indemnify Bitburger and Bitburger's parent company, affiliates and subsidiaries against all damage claims asserted by third parties and/or official agencies in relation to Bitburger and/or its parent company, affiliates and/or subsidiaries on account of the user and/or its agents having unlawfully used the material or having used the material beyond the extent permitted.
4.3 Bitburger shall be liable to the user without limitation in cases of culpable mortal injury, bodily harm or health damage, in the case of claims under the Produkthaftungsgesetz [Product Liability Act] and in the case of any other intentional or grossly negligent breaches of duties. Bitburger shall be liable for slight or normal negligence and for property damage or pecuniary loss caused by such negligence only in cases of a breach of material contractual duties where fulfilment is a prerequisite for the proper implementation of the contract, and where the user may particularly expect fulfilment, but liability shall be limited to the loss that is foreseeable at the time of the conclusion of the contract and is typical of this type of contract. Further liability for damages shall, regardless of the legal nature of the claim asserted, be excluded.
The above limitations of liability shall also apply in favor of the statutory representatives, employees and other authorized agents of Bitburger.
5. Collateral Agreements, Applicable Law, Place of Jurisdiction
5.1 Bitburger shall be entitled to at any time amend these Terms and Conditions of Use with effect for future access to the media database.
5.2 These Terms and Conditions of Use are definitive and complete, and shall supersede all preceding written or verbal agreements and understandings. Collateral agreements must be in writing.
5.3 If any of the provisions in these Terms and Conditions of Use prove to be ineffective or unimplementable, the remainder of these Terms and Conditions of Use shall remain effective, unless the objective intended with these Terms and Conditions of Use would be frustrated.
5.4 German law shall apply to these Terms and Conditions of Use.
5.5 54634 Bitburg shall be the place of jurisdiction, if the user is a merchant as defined by the Handelsgesetzbuc0068 [German Commercial Code].
As of: March 2018