Contractual terms for the use of the WALA Mediacenter
between
WALA Heilmittel GmbH
Dorfstr. 1, 73087 Bad Boll/Eckwälden, Tel. +49 7164 930-0
registered in the Commercial Register of the district court of Ulm under HRB 530784, represented by directors: Dr. Johannes Stellmann (Chairman), Dr. Armin Dörr, Dr. Philip Lettmann and Prof. Dr. Florian Stintzing. VAT reg. no.: DE 811192546
- hereinafter referred to as “WALA” -
and
the “Users” of the WALA Mediacenter
§ 1 Scope
(1) The use of the WALA Mediacenter on the website https://media.wala.de/de/_/anmelden?login.redirectlogin=/de (DE version) or https://media.wala.de/en/_/login?login.redirectlogin=/de&login.redirectlogin=/de (GB version) is subject exclusively to the version of the following terms and conditions applicable at the time of registration. Any diverging general terms and conditions of the User shall not be recognised , unless WALA expressly agrees to their validity in writing.
(2) A business operator is any natural person, legal entity or partnership with legal personality that, having agreed to these terms and conditions of use, is exercising their commercial or independent professional activity. The User shall be deemed a consumer, provided that the purpose of the agreement of these terms and conditions of use cannot be deemed predominant in respect of the consumer's commercial or independent professional activity.
§ 2 Registration
(1) To use the WALA Mediacenter, Users must register and set up a member account. To register, they must fully complete all of the mandatory fields. If the data collected about the User change after registration, the Member must update his/her membership account details without delay.
(2) To register, the User shall provide his/her e-mail address and a password of his/her choice to access the WALA Mediacenter. The User shall keep this password confidential and protect it against third party access. If the User loses his/her password or suspects/knows that a third party is using his/her access details, he/she must notify WALA of this immediately.
(3) When submitting data as part of the registration process, the User issues a binding offer to conclude auser agreement with WALA. However, the request can only be submitted and sent if the customer accepts these terms and conditions by clicking on the button “I accept the Terms of Use”, thereby incorporating them into his/her request.
(4) Once the request has been accepted by WALA, the User will receive a confirmation e-mail with anactivation link. WALA reserves the right to reject a User’s registration request without giving any reason. Use of the WALA Mediacenter implies the full legal capacity of the User, minors and other persons with limited legal capacity are not permitted to use the WALA Mediacenter.
(5) Use of the WALA Mediacenter is free of charge for the customer.
(6) WALA uses the data submitted or modified in the member account during registration and while using the WALA Mediacenter to perform its service.
(7) WALA also uses User data for evaluation purposes, to adapt the media centre to user requirements.
§ 3 Usage rights
(1) All content, texts, films and other content (hereinafter “Content”) of the WALA Mediacenter are protected by copyright. The User is permitted to use the Content in newspapers and magazines, printed advertising materials, on his/her website, social media channels and/or presentations (e.g. PowerPoint) for advertising or editorial purposes in order to present WALA Medicines or Dr. Hauschka Skin Care (WALA products). To this end, the relevant Content supports the journalistic, graphicor editorial design of the presentation of WALA products. It must be noted that the Content is either assigned to the Dr. Hauschka or the WALA Medicines brand. The User undertakes to use the respective Content only in connection with the associated brand. Mixing the Content of both brands is not desirable and therefore excluded.
(2) The Content may only be used in full, the use of extracts or other parts of the Content is subject to WALA’s express consent. There are no restrictions regarding the use of the media provided; however, the User undertakes always to use the latest content of the WALA Mediacenter and to check older content for its timeliness by means of the WALA Mediacenter.
(3) The use is limited in time, in particular. The User undertakes to independently observe the usage rights for any Content in terms of time, location and content, to remove the Content from the Internet in good time upon expiry of the user licence and to cease using it in printed or digital form, irrespective of the medium used.
(4) User licences do not include the direct sale or the indirect sale/use of the Content by associating said Content with products so that the Content takes on a major function, e.g. by directly printing or using the Content on postcards, stickers, items of clothing, cups, writing pads and other similar printed products. Similarly, the use of the Content in generally accessible media centres, content catalogues and other content collections is not permitted.
(5) The User may not transfer, sub-license, rent out, donate or assign in any other way the files or rights to the Content to third parties. Nor may the User use the Content for any purposes other than those described in paragraph 1, whereby copying, publishing, distributing and sending the Content are excluded in particular. Furthermore,the User may not allow third parties to access the files with a view to subsequent use, nor may he/she make the Content available for free download on a shared device, a service, software or website for the purpose of exchanging, transferring or distributing said Content.
(6) Adjusting the Content on social media is not permitted if the relevant terms and conditions of use orother means stipulate that the adjusted Content, works, etc. may also be used for third-party purposes or in a way that goes beyond the usage rights under this licence.
§ 4 Prohibited use
(1) The Content of the WALA Mediacenter may not be used to promote violence or in a salacious, offensive, slanderous, racist, pornographic or any other unlawful way. Nor is it permitted to use Content in which the depicted persons are given another identity, where a specific opinionor stance is attributed to them or they could be disgraced or humiliated.
(2) It is also prohibited touse the Content in such a way that violates industrial property rights, especially the trademarks of third parties, or in a way that could lead to judicial or out-of-court proceedings due to misleading advertising or unfair competition.
(3) Furthermore any acts which could hamper the smooth operation of the WALA Mediacenter, in particular by placing an excessive burden on usage offer systems, are prohibited.
(4) If the User becomes aware that the WALA Mediacenter is being used in a way that is illegal, improper or contrary to the agreement, he/she is requested to inform WALA's communication department thereof at mediacenter@wala.de. WALA will then look into the incident and introduce further measures if necessary.
(5) In cases of suspicion of illegalor criminal conduct, WALA is entitled and obliged to check the activities of WALA Mediacenter Users.
§ 5 Blocking access
(1) WALA may block the User's access to the WALA Mediacenter if the User has breached these terms and conditions of use and/or broken the law or if WALA has another justified reason for blocking his/her access.
(2) In such cases, WALA will inform the User by e-mail that his/her access rights have been blocked. The User will have the opportunity to respond to this blockage within a period set by WALA. To do so, the User must send a written statement to the following address: WALA Heilmittel GmbH, Kommunikation, Dorfstraße 1, 73087 Bad Boll/Eckwälden, mediacenter@wala.de
(3) If the blockage is only temporary, WALA will reactivate the User’s access rights once the blocking period has expired and notify the User accordingly by e-mail. If the blockage is permanent, the User may not re-register.
§ 6 References
Whenever he/she uses the Content, the User undertakes to cite the source (WALA Heilmittel GmbH) as a picture credit. The source reference must be in the immediate vicinity of the location where the relevant Content is used.
§ 7 Liability
(1) ) If the User incurs damages as a result of using the WALA Mediacenter, WALA shall only be liable insofar as the damages occurred on the basis of contractual use, and only in cases of intent or gross negligence.
(2) ) In the event of any infringements of the provisions of §§ 3 and 4, the User shall be obliged to compensate WALA for the resulting damage. If third parties incur damages due to infringements of §§ 3 and 4, the User shall release WALA from any claims by third parties, irrespective of whether he/she is to blame for the infringement. The User shall defend WALA at his/her own costs against claims from third parties and pay for these, even if the infringement has not yet been proven.
(3) Following a request from WALA, which has reasonable grounds to suspect use which fails to comply withthe provisions of § 3, the User must prove his/her lawful use of the Content.
§ 8 Proviso
(1) WALA Heilmittel GmbH is entitled at all times to change the Content of the WALA Mediacenter and/or to restrict or suspend the Content available.
(2) If WALA can reasonably assume that any Content is subject to a third-party claim, WALA may instruct the User to stop all use within the meaning of § 3 (1) and ownership of the work. The User must follow this instruction without delay.
§ 9 Final provisions
(1) Amendments and supplements to these terms and conditions of use must be made in writing. This also applies to any cancellation of the requirement for the written form. If individual provisions or parts of these terms and conditions of use become ineffective or incomplete, the parties undertake to agree on other provisions which reflect as closely as possible the economic intention of the parties. The same shall apply in the event of a regulatory loophole.
(2) These terms and conditions of use are subject to the law of the Federal Republic of Germany. Theapplicable contract language is German, regardless of any translations provided by WALA. The place of jurisdiction for business operators is Göppingen.
Eckwälden, 16. April 2019