Terms and conditions

Terms of Use of Markant Handels- und Industriewaren-Vermittlungs AG for the Digital Provision of Product Images by Industry Partners 

1. Scope of application

1. Unless otherwise agreed in detail, these Terms of Use govern the contractual relationship between the industrial partner (hereinafter referred to as the “Supplier”) and Markant Handels- und Industriewaren-Vermittlungs AG (“Markant”) regarding the provision of product images by the Supplier and their processing and use by Markant. These can be accessed at any time at https://mmb-qm-markant-net.markant.services/en/terms-and-conditions/
2. These Terms of Use apply as soon as product images are made available by upload.
3. Deviating terms and conditions of the Supplier, e.g. terms and conditions of purchase, as well as amendments and supplements to these contractual Terms of Useshall only be valid to the extent that they have been accepted by Markant in writing. This also applies if the business and/or delivery conditions of the Supplier have not been expressly contradicted. 

2. Rights of use

1. The Supplier assures that he owns all copyrights, patent rights, trademark rights and other intellectual property rights to the product images provided by him. Insofar as third parties are entitled to the rights, the Supplier shall have the corresponding exploitation rights. 
2. The Supplier grants Markant a simple, unlimited, worldwide, transferable right of use to the product images in accordance with the following provisions. 
3. Markant shall be granted the right to reproduce, publish, display, store, use and modify the Product Images, to include the Product Images in the content of third parties and to distribute them against payment to trading partners of Markant and other users of PIM, in each case in accordance with the provisions of these contractual terms and conditions. 
4. For the avoidance of doubt, the right of use granted to Markant also includes the granting of rights to use the Product Images to the users of PIM against payment.   

3. Requirements for Product Images

1. The Supplier is solely responsible for the content of the product images. In particular, he is obliged to ensure that the product images meet the following requirements: The product images   
   – must be accurate, complete and reasonably current,
   – must not be defamatory or damaging to the business,
   – must not contain viruses, computer worms, Trojans or other damaging software codes,     
   – must not contain or be associated with any personally identifiable information, 
   – must not violate any other applicable law or other statutory regulations, provisions or other mandatory regulations, whereby both the law of the Supplier’s registered office and the law of the Federal Republic of Germany shall be relevant. 
2. If third parties assert claims or violations of rights against Markant because product images of the Supplier are said to violate the rights of third parties, the Supplier shall immediately indemnify Markant against such claims, provide Markant with reasonable support in its legal defense, and indemnify Markant against the costs of the legal defense. However, this shall only apply if Markant immediately informs the Supplier in writing about asserted claims, does not make any acknowledgements or equivalent declarations and allows the Supplier to conduct all judicial and extrajudicial negotiations about the claims at the Supplier’s expense – as far as possible. The indemnification shall include, in particular, claims for damages, fines, penalties, costs and expenses, as well as reasonable legal fees for legal defense.Paragraph (2) shall apply accordingly if third parties assert claims against Markant based on an alleged violation of the requirements under paragraph (1).  

4. Choice of Law / Place of Jurisdiction  

1. To the extent permitted by law, the place of jurisdiction for all claims arising from this business relationship shall be Offenburg, Germany. The law of the Federal Republic of Germany shall apply exclusively to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) of April 11, 1980.   
2. If these Terms of Use are accessed in a language other than German, the German version shall be binding for the usage relationship.