(2) Information, data and prices on Internet-pages, in ads, brochures, catalogs and other publications are non-binding and subject to change.
A contract between the seller and the buyer is only final with a written order confirmation through the seller (e-mail sufficient), or with the start of fulfilling the order (download, shipment or delivery).
Prior the using of the Service, you may register with Behr Bros. via the provided Service’s Registration Form and shall:
(1) provide true, accurate, current and complete information ("Registration Data") about yourself as prompted by the Registration Form.
(2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
USER ACCOUNT, PASSWORD AND SECURITY
Upon completing the Service’s registration process, you will be designated an account with a password. You are responsible for maintaining the confidentiality of the password and/or account, and are fully responsible for all activities that occur under your password and/or account. You agree to:
(1)notify Behr Bros. of any unauthorized use of your password and/or account or any other breach of security, and
(2) ensure that you exit from your account at the end of each session. Behr Bros. cannot and will not be liable for any loss or damage arising from your failure to comply with this security measure.
Protection of Customer Data
Behr Bros. processes customer data solely for the purpose of order fulfillment and for the occasional contact with customers through Behr Bros. itself. Service companies (e.g. banks) which have to be involved in the order regular processing (e.g. credit card verification) receive customer data only to the extent necessary for completion of the order.
Behr Bros. will never pass on or sell customer data to any third parties. Behr Bros. treats all customer data highly confidential.
LICENSE OF PURCHASED CONTENT
(1) Definitions Digital Media Files are any textures, 3D-models, images, animations, movie-clips, videos, programs, audio-files or other audio/visual digital representations recorded in any format which a buyer properly purchases from Behr Bros., or which a user obtains, directly or indirectly, from Behr Bros..
(2) Granting of the License
With the proper purchase and use of the Digital Media File(s) the buyer obtains a non-exclusive license to use and modify the Digital Media File(s) according to the conditions laid out in the following paragraphs.
All content published that contains brand names or logos, may only be used in an editorial manner, relating to events that are newsworthy or of public interest, and may not be used for any commercial, promotional, advertising or merchandising use. However, in certain very limited instances, you may otherwise have the rights to use this content with the license stated under 3.2. . For instance, you may be the advertising agency for a brand/IP owner or you may be the brand/IP owner itself purchasing content. If that is the case, you may use this content commercially, assuming you have the rights clearance through other means. But, you must have all the intellectual property rights necessary from the IP in the content and this is usually only the case for a brand/IP owner vendor or for a brand/IP owner itself. Usually very clearly set forth in a contract if you have these rights. The burden and risk of confirming these rights is on each user individually if they move away from the Editorial Use restrictions. You further agree to hold harmless Behr Bros. GmbH in the event that any liability arises as a result of your download and use of the Product. For everyone else, these Editorial restrictions include not using that material in the following ways:
1. Products may not be used on any item/product for re-sale, such as a video game or t-shirt.
2. Products may not be used as part of billboard, trade show or exhibit display.
3. Products may not be used in any defamatory, libelous or otherwise unlawful manner whether directly or in context or juxtaposition with specific subject matter.
4. The material may not be incorporated into a logo, trademark or service mark. For example, you can’t use Editorial content to create a logo design.
5. The material may not be used for any commercial, non-news related purpose.
All generic content, meaning content that does not contains existing brand names or logos is published under the following license. The Digital Media File(s) can be used license-free (without additional fees), and -except for below mentioned exceptions- without limitations in: animations, illustrations/renderings, film/video, TV, multimedia, commercials, live-performances, Internet, presentations, product- or print jobs (DVD, computer games, entertainment- and training videos, music videos, etc.).The usage limitations are the following: No Digital Media File(s) may be
(a) separately published, marketed, distributed, transferred, sold or sublicensed in full or in excerpts (any part thereof).
(b) published, marketed, distributed, transferred, sold or sublicensed as part of a rendering, animation, software application, data or any other product from which any original Digital Media File, or any part thereof, or any substantially similar version of the original Digital Media File can be separately exported, extracted, or decompiled into any redistributable form or format.
(c) published, marketed, distributed, transferred, sold or sublicensed as "clip art" or the like, including but not limited to animations or still images that are sublicensed or otherwise distributed by a stock photography or stock animation agency, or in any other manner in which the primary source of value derived from publishing, marketing, distributing, transferring, selling or sublicensing the image (or Digital Media File) is that it is accessible in a manner similar to "clip art"
All Digital Media Files are copyright Behr Bros. and are protected by German copyright laws, international treaty provisions and other applicable laws.
No title or intellectual property right in the Digital Media File(s) is transferred to the buyer. Behr Bros. retains all rights not expressly granted to the buyer by this license agreement.
In case the user returns any content, whether acquired via a valid sale or freely available for download, all license rights granted herein will immediately terminate.
A refund may be issued if a buyer is not satisfied with the product. However, the issuing of refunds is solely at the discretion of Behr Bros.. Refunds will be issued only after the buyer has worked with Behr Bros. on the problem. When a refund is issued, the buyer is responsible for the immediate deletion of all files using the product and may not distribute the product.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT:
- YOU USE THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. Behr Bros. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
- Behr Bros. DOES NOT WARRANT THAT (i) THE SERVICE WILL SATISFACTORILY MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE SECURE, UNINTERRUPTED, TIMELY, OR ERROR-FREE, (iii) THE ACQUIRED RESULTS FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICE BY YOU WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER THAT RESULTS FROM ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, WHICH IS DONE AT YOUR OWN DISCRETION AND RISK.
- EXCEPT AS EXPRESSLY SET FORTH IN THIS TOU, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Behr Bros. OR THROUGH OR FROM THE SERVICE SHALL BE TANTAMOUNT TO ANY WARRANTY.
LIMITATION OF LIABILITY
YOU AGREE THAT IN NO EVENT WILL Behr Bros. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF Behr Bros. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF OBTAINING OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) MESSAGES OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
This Agreement will be governed by the laws in force Ulm, Germany. The buyer will bring any legal action to local court in Ulm, Germany. All notices, requests and other communications under this agreement must be in writing (e-mail messages shall be deemed writings).