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1.1 These General Terms and Conditions for rightsdefend (hereinafter “GTC”) apply to all contracts between RD Legal GmbH, Saarbrücker Str. 18, 10405 Berlin (hereinafter “RIGHTS-DEFEND”), and the user who uses images and/or trademarks of RIGHTS-DEFEND’s clients without a license (hereinafter “Image User”), regarding the use of the platform for acquiring image usage rights by users of images, accessible at https://rightsdefend.com, as a tool for brand protection on the internet (hereinafter “rightsdefend”).
1.2 Any general terms and conditions of the User shall only become part of the contract if expressly accepted by RIGHTS-DEFEND. The inclusion of the User’s general terms and conditions is hereby expressly rejected.
2.1 The Image User gains access to the rights clearance portal rightsdefend via the individual case number communicated to them by RIGHTS-DEFEND. There, the Image User can view information about their case, license terms, and compensation claims, purchase licenses, conclude settlements, and enter their data.
2.2 By clicking the “Buy” button (“Kaufen”, or an equivalent translation), the Image User makes a declaration to conclude the respective license agreement or settlement with RIGHTS-DEFEND (hereinafter “Offer”). This Offer is deemed accepted upon receipt of the confirmation email from RIGHTS-DEFEND.
3.1 RIGHTS-DEFEND provides the User with rightsdefend as a platform for settlements and subsequent licensing of intellectual property rights.
3.2 rightsdefend enables the Image User to see which images they have used without having acquired the necessary rights (hereinafter “Image Rights Infringement”). “Images” in this context include all photographs, photographic works, graphics, illustrations, drawings, depictions, and visual representations that are subject to the infringement.
3.3 The Image User has the option to acquire the relevant rights retroactively via rightsdefend (hereinafter “Post-License”) and/or to conclude a settlement. The Image User is also free to resolve the case by proving that they hold the relevant rights of use, for instance, by presenting a valid license.
4.1 RIGHTS-DEFEND grants the User a simple, non-transferable right to access the information stored on rightsdefend and to use it for the purpose of enabling a post-license for the unlawfully used images or to conclude a corresponding settlement.
4.2 In the event the Image User chooses to conclude a post-license agreement for the used images, the following license terms apply:
a. Scope of License: If the Image User retroactively acquires a license, RIGHTS-DEFEND, based on the sublicensing authorization granted by the rights holder to RIGHTS-DEFEND, grants the Image User a simple, geographically unlimited right of use to the images, authorizing them to make the images publicly accessible on their website and, to the extent necessary for this purpose, to reproduce them. Any use beyond this is not permitted. The right of use is non-transferable. The Image User is not entitled to grant sublicenses. Editing the images is only permitted to the extent required for the aforementioned use (e.g., changing file size, converting to another file format) and provided that the appearance of the image is not altered or impaired.
b. License Duration: The above license is granted from the date of the first public accessibility of the images on the website as determined by RIGHTS-DEFEND (last-modified date) and is valid for a period of one year from the conclusion of the agreement.
c. The Image User is not required to credit the author. The author waives their right to be identified as such.
d. The Image User is not permitted to use the images in connection with or as illustrations for the following content:
e. The granting of this right of use is subject to the condition precedent of full payment of the agreed license fee.
f. RIGHTS-DEFEND only grants the usage right to the image itself. Rights to the depicted subject must be obtained separately by the Image User.
g. After the license period expires, the Image User is no longer permitted to use the images. They are obliged to delete all copies of the images and to cease making the images publicly accessible. This also includes deleting indexing or caching by search engines (e.g., Google cache). Public accessibility also exists, for example, if the image can be retrieved by entering a URL. If the Image User continues using the images after the license period, they are obligated to pay RIGHTS-DEFEND a contractual penalty in a reasonable amount for each case of culpable infringement. The amount of the contractual penalty shall be determined by RIGHTS-DEFEND at its reasonable discretion and may be reviewed by the competent court in the event of a dispute. Further claims by the rights holder and RIGHTS-DEFEND remain unaffected.
5.1 If the Image User chooses the option to pay damages, a settlement with the following content is concluded between RIGHTS-DEFEND and the Image User:
Upon payment of the full settlement amount, RIGHTS-DEFEND declares the claims for damages arising from the specific alleged image use that is the subject of the respective case to be settled.
5.2 If the Image User used the images prior to the date of first public accessibility of the images on the website determined by RIGHTS-DEFEND (last-modified date), any claims for damages arising from such use are not covered. Similarly, claims for damages are not covered that arise from acts other than making the images publicly accessible on the internet, e.g., reproduction and distribution in print media or on commercial products. The same applies to claims based on unknown to RIGHTS-DEFEND or future acts.
5.3 The settlement does not grant the right to continue using the images. The Image User is obliged to delete all copies of the images in their possession and to cease public accessibility. This includes serious efforts to delete indexing or caching by search engines (e.g., Google cache). Public accessibility also exists, for example, if the image can be retrieved by entering a URL.
5.4 The obligations under Clause 5.3 must be fulfilled by the Image User within 14 days after conclusion of the settlement. If the Image User continues to use the images after this period or has not deleted all copies, they are obligated to pay RIGHTS-DEFEND a contractual penalty in a reasonable amount for each case of culpable infringement. The amount of the contractual penalty shall be determined by RIGHTS-DEFEND at its reasonable discretion and may be reviewed by the competent court in the event of a dispute. Further claims by the rights holder and RIGHTS-DEFEND remain unaffected.
6.1 For the granting of the usage right pursuant to Clause 4.2 or upon conclusion of a settlement pursuant to Clause 5, the Image User shall pay RIGHTS-DEFEND the license fee or settlement amount as stated in the invoice issued by RIGHTS-DEFEND.
6.2 Payment is due upon invoicing and must be made in full within 14 days, indicating the invoice and case number, to:
6.3 The infringer may also make payment online using the payment methods shown on rightsdefend. In this case, RIGHTS-DEFEND will send an invoice to the infringer after the payment is received.
If you are a consumer within the meaning of Sec. 13 BGB, i.e., if you are entering into the post-license or settlement agreement for purposes that are predominantly outside your trade, business, or profession, you have a right of withdrawal under the following conditions:
You have the right to withdraw from this contract within fourteen days without stating any reason.
The withdrawal period is fourteen days from the date on which you or a third party designated by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us,
Company: RD Legal GmbH
Address: Saarbrücker Str. 18, 10405 Berlin
Email: [insert contact email address]
Phone: [insert contact telephone number]
Fax: [insert contact fax number, if applicable]
by means of a clear statement (e.g., a letter sent by post, fax or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, which is not mandatory. You may also fill out and submit the model withdrawal form or another clear statement electronically on our website [insert internet address]. If you use this option, we will immediately send you confirmation (e.g., by email) of receipt of such withdrawal.
To meet the withdrawal deadline, it is sufficient that you send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (except for the additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive notification of your withdrawal. We will carry out the reimbursement using the same means of payment as you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees for this reimbursement.
If you requested that the services begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated your withdrawal from this contract, in comparison with the full coverage of the contract.
(If you wish to withdraw from the contract, please complete this form and return it.)
To:
RD Legal GmbH
Address:
Email: [insert contact email address]
Fax: [insert contact fax number, if applicable]
I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/provision of the following services ()
Ordered on ()/received on ()
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if submitted on paper)
Date
(*) Delete as appropriate.
End of Withdrawal Information
8.1 Unlimited liability: RIGHTS-DEFEND is liable without limitation for intent and gross negligence, as well as under the German Product Liability Act. RIGHTS-DEFEND is also liable without limitation for damages resulting from injury to life, body, or health due to slight negligence.
8.2 In all other cases, the following limited liability applies: In the event of slight negligence, RIGHTS-DEFEND is only liable for breach of a material contractual obligation whose fulfillment is essential for proper execution of the contract and on which the User may regularly rely (cardinal obligation). Liability for the slightly negligent breach of such a cardinal obligation is limited to the damage foreseeable at the time of contract conclusion and typical for this type of contract. These limitations of liability also apply in favor of RIGHTS-DEFEND’s vicarious agents.
9.1 The contract between RIGHTS-DEFEND and the Image User and these GTC constitute the entire agreement between the parties. No oral side agreements exist. Any existing contracts concerning the use of CI are superseded by the contract concluded hereby, unless the parties explicitly agree otherwise.
9.2 Should individual provisions of these Terms of Use be held invalid and/or void, the remaining provisions shall remain unaffected.
9.3 The law of the Federal Republic of Germany applies, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the Image User is a consumer within the meaning of Sec. 13 BGB, mandatory consumer protection provisions of the country in which the consumer has their habitual residence shall remain unaffected (particularly with regard to contract formation and warranty rights).
9.4 If the Image User is a merchant, a legal entity under public law or a special fund under public law, the registered office of RIGHTS-DEFEND shall be the exclusive place of jurisdiction for all disputes arising out of or in connection with contracts between RIGHTS-DEFEND and the Image User.