Advises for the usage of image and text material

Preamble

The present agreement regulates the use of image and text material of TuTu and Co. (hereinafter called as holder of usage rights) by third parties (hereinafter called as user). “Distributors” are called “Users”.

1. Transferring simple usage rights

Usage rights can only be transferred if user gets the image and text material directly from the holder of usage rights and with his consent or if the merchant gets the image and text material directly from the user and with the consent of the holder of usage rights. Getting the image and text material directly from the holder of usage rights or directly from the user via e-mail, via messaging-service, with handing out a data storage medium or via getting a link and access codes of a cloud service is equal to the explicit consent. Putting the image and text material onto a publicly available web page is not equal to a consent.

a) Press and Media

If the user is a representative of the press or media, a representative of influencer marketing, an advertising or communication agency usage rights are granted as follows:

The holder of usage rights grants to the user a simple, not transferable right of use. The right of use includes the extensive utilization of the image and text material ceded by the holder of usage rights intended for editorial purposes, online and offline.

Editorial purposes means usage in newspapers, magazines, school books, blogs, news shows, news web pages and videos with the purpose of reporting.

The right to use the image and text material will only be granted with reference to the authors.

The usage right is granted revocably.

b) Merchants

The holder of usage rights grants to the user a simple, not transferable right of use. The right of use includes the extensive utilization of the image and text material ceded by the holder of usage rights intended for the user’s commercial offers. The utilization of that material serves the sole purpose of promotional presentation and is limited to the medium of the internet and there to the own online shop of the user. Own Online Shop means the online shop that the user runs under the internet domain that is registered to him or to an entity that is legally or economically associated with him. Unless explicitly agreed otherwise any use of image and text material on third party commercial platforms is excluded.  Any use in print media or in other traditional print products (such as brochures, posters, flyers) is excluded.

The right to use the image and text material will be granted without reference to the authors.

The usage right is granted revocably.

c) Distributors

The section 1. c) of these advises governs the transferring of usage rights to so called distributors. Distributors are users in the sense of these advises. The Holder of usage rights grants usage rights to the distributor. Distributors are allowed to grant usage rights to merchants according to the following rules and conditions. By granting usage rights merchants have the opportunity  to use image and text material of the holder of usage rights with his consent. Merchants that got image and text material directly from the user with the consent of the holder of usage rights are called in Section 1. c) as „merchants“.

The holder of usage rights grants to the user a simple right of use. The right of use includes the extensive utilization of the image and text material ceded by the holder of usage rights intended for the user’s or the merchant’s commercial offers. The utilization of that material serves the sole purpose of promotional presentation and is limited to the medium of the internet and there to the own online shop of the user or of the merchant. Own Online Shop means the online shop that the user or the merchant runs under the internet domain that is registered to him or to an entity that is legally or economically associated with him. Unless explicitly agreed otherwise any use of image and text material on third party commercial platforms is excluded.  Any use in print media or in other traditional print products (such as brochures, posters, flyers) is excluded.

The right to use the image and text material will be granted without reference to the authors.

The user can only grant the same usage rights to merchants the holder of usage rights granted him. The merchant is not allowed to grant usage rights to third parties.

The usage right is granted revocably. If the holder of usage rights revokes the merchants loses usage rights as well.

3. Warranty and liability

When providing image and text material, the holder of usage rights warrants to the user that he is entitled to grant or use all rights which are subject of this user agreement and he warrants that he has not yet granted any rights or licenses regarding the image and text material to third parties which run counter to the present agreement.

The holder of usage rights shall not be liable to the user for claims of third parties they may assert against the user on the basis of possible violations of rights, in particular regarding violations of brand or design rights.

4. Right to edit

The user is allowed to use the image material by applying analogue, digital or other image processing methods in color and size. Any further editing which goes beyond this is excluded.

5. Carve-Outs

The holder of usage rights can grant additional rights upon request.