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TERMS & CONDITIONS FOR THE USE OF TABBAH PRESS MATERIAL
The Tabbah Press Material (the "Press Material") are a collection of written press releases, photographs and illustrations provided solely for the use of the Press in conjunction with any articles or press coverage on the products or activities bearing the trademark Tabbah and belonging to Exclusive Trade Marks Inc and/or METIERS D'ART SAL (hereinafter together referred to as "ETM/MDA") and are provided and may be used solely and restrictively for the aforesaid purpose subject to the terms and conditions set out below and any amendment or addition or adjustment or modification in connection therewith made or introduced by ETM/MDA in its absolute discretion .
The following terms and conditions (the "Terms & Conditions") govern your use of the Press Material and form a legal agreement (the "Agreement") between ETM/MDA and you, your company, and/or your employer, as the case may be (collectively referred to herein as "you" or "your").
You are required to read this Agreement and accept all of its Terms & Conditions by clicking on the "ACCEPT" button below before you may access and download any Press Material. By so agreeing, you confirm that you have read all of the Terms & Conditions and that you will abide by them and be bound by this Agreement.
If you do not agree to be bound by all of the Terms & Conditions of this Agreement, click on the "CANCEL" button to decline this Agreement and you will not be granted access to the Press Images.
1. GRANT OF LICENSE
ETM/MDA hereby grants you a limited, personal, non-exclusive, non-transferable right and license to use the Press Material under the terms of this Agreement. Should you breach the terms of this Agreement, Your license will be deemed automatically revoked without prejudice to other rights and remedies available at law.
ETM/MDA shall however have and retain ownership of, and all right, title and interest in and to, its respective intellectual property (which includes inter alia and for elucidation and not for limitation: inventions (whether or not patentable), drawings, conception, works of authorship, trade secrets, techniques, know-how, ideas, concepts, algorithms, and other intellectual property first created or developed by ETM/MDA or any of its affiliates and/or subsidiaries and/or parent and/or sister companies, as well as all data held on the system related to the Press Material and/or related entities business of ETM/MDA), and no license therein, whether express or implied, is granted by this Agreement or as a result of the use of the Press Material herein, other than the limited license granted by this Agreement as defined here before.
2. CHANGES TO THE TERMS & CONDITIONS
The Terms & Conditions were last updated on January 2012. ETM/MDA reserves the right to amend the Terms & Conditions at any time without prior notice and in its absolute discretion. Your continued access to or use of the Press Material after such changes indicates your acceptance of the revised Terms & Conditions. It is your responsibility to review the Terms & Conditions regularly.
The Press Material are and will remain the exclusive property and copyright of their respective photographers who created them or ETM/MDA, as applicable. National copyright laws, international treaty provisions and other applicable laws protect the Press mages. All rights not expressly granted are strictly reserved.
4. COPYRIGHT NOTICE AND CREDIT LINE
You agree that each reproduction of any image taken from the Press Material, whether photograph or illustration, will be accompanied by the prescribed copyright notice and credit line: Copyright: Tabbah.
5. AUTHORIZED USE OF MATERIAL
The Press Material may only be used in association with the direct promotion of ETM/MDA and its products. The Press Material may be used in any print, online, film, video, broadcast or multi-media product for promotional, advertising or editorial use, provided such uses do not allow for the reproduction or re-distribution of the Press Material. All use of the Press Material and all marketing, press and advertising materials which you may create using the Press Material must comply with any and all other terms and conditions set out in any other agreement between you and ETM/MDA concerning the creation of such materials and/or with any procedures or guidelines as may be established solely from time to time by ETM/MDA including, in particular, any right of approval by ETM/MDA.
6. UNAUTHORIZED USE OF MATERIAL
(a) You may not edit, alter or modify, crop or overprint any images or illustrations taken from the Press Material in any manner (except for standard colour correction or minor cropping for space limitations) without the prior written permission of ETM/MDA. Furthermore, you may not prepare derivative works of the Press Material.
(b) You may not sell, rent, sub-license, grant, assign or otherwise transfer the Press Material or any rights to reproduce the Press Material to any person or legal entity of any kind whatsoever including to any parent or subsidiary company or affiliates.
(c) There may be certain restrictions or conditions pertaining to a particular Press Material (as indicated) and you must strictly adhere to any such particular restrictions.
(d) The Press Material and its pertaining website (the “Website”) may, in consequence of the foregoing, be used by you and/or your solely as described in this Agreement and may not be used in connection with any other activities or business or objective without ETM/MDA’s prior written consent.
(e) Violation of the terms of this Section 6 shall serve as cause for the immediate termination of this Agreement and ETM/MDA reserves the right to take all appropriate legal action in connection with the illegal or unauthorized use of the Press Material and/or related Website, including civil, criminal, and injunctive redress. ETM/MDA reserves the right at any time to suspend or terminate your use of the Press Material and/or of the Website.
7. DISPOSAL OF THE IMAGES
Following your licensed use of the Press Material and in case of suspension or termination of this Agreement and its connected authorization to use the Press Material and/or the Website, you undertake at your sole and full responsibility that all reproducible copies remaining in your possession or under your control, or under that of any of your employees, agents, representatives or suppliers shall/must be deleted or destroyed to prevent unauthorized use.
8. LIABILITY FOR UNAUTHORIZED USE OF IMAGES
Any use of the Press Material in a manner not expressly authorized by this Agreement or in breach of a term or condition of this Agreement constitutes copyright infringement, entitling ETM/MDA and/or the copyright owner to exercise all rights and remedies available to it under copyright or other laws. You agree to indemnify ETM/MDA and/or the copyright owner for any fees, damages and/or compensation resulting from the unauthorized use, publication or transmission of any Press Image and copyright infringement, including any claims by a third party.
(a) The license contained in this Agreement will terminate automatically without notice if you fail to comply with any term or condition of this Agreement. Upon termination, you must immediately: (i) stop accessing the Press Material; (ii) stop using any Press Material you have downloaded; (iii) destroy or, upon the request of ETM/MDA, return the Press Material to ETM/MDA; and (iv) delete or remove the Press Material from your premises, computer systems and storage, either electronic or physical.
(b) When this Agreement expires or is terminated pursuant to the present Section and/or in case of termination according to the provisions of Section 6 here above, you will not be entitled to claim any indemnity and/or compensation and/or other rights as a result of or in connection with either (i) the present limited, personal, non-exclusive, non-transferable right and license to use the Press Material or, (ii) the aforesaid termination or expiration, whatever the case may be; and you undertake from now on to refrain from using, after the said date, the Press Material or any of it as well as any sign and/or logos and/or the trademark and/or the trade name of “ Tabbah” and/or any other relating intellectual and commercial property rights.
10. GOVERNING LAW AND JURISDICTION
You agree that this Agreement shall be governed by the laws of Switzerland excluding its conflicts of law rules, and that you agree to the exclusive jurisdiction of the courts located in Geneva.
If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
No action of ETM/MDA other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of ETM/MDA in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by ETM/MDA of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy by ETM/MDA on any one occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion.
For the purpose of this Agreement, the singular includes the plural and vice-versa.
The Press Material as well as its connected website, including any content or information contained within it or any service or advice provided in connection with the said Press Material and/or website, is provided “as is” with no representations or warranties of any kind, either expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and no infringement. You assume total responsibility and risk for use of the Press Material and/or the Website and/or website-related services.