(last update December 2023)

1. Media Library and Press Center General Provisions

This Media Library or Press Center (the “Platform”) is operated by the company named in the Imprint (https://press.pierernewmobility.com/Imprint.aspx?l=english) (“Platform Operator”, “We”, “Us”, “Our” or “Ours”) and is Our media asset management platform. The Platform is a global B2B self-service media & news platform that allows media, press, journalists and business partners (e.g. marketing agencies) (“User”) to access, view, screen and use high quality content.

These terms and conditions (“Terms”) apply to the Platform and its content, including all information, material and media, in particular text, data, photos, footage, audio-only content, recordings, videos and other moving and non-moving images and material created or contributed by Us (individually and collectively the “Content”) and services, such as software, tools, support via the Platform (“Services”) that We make available to Users.

By accessing the Platform or using any Service or Content, the User agrees to be bound by these Terms. If the User doesn’t agree to these Terms, the User must not use the Platform, the Content or the Services.

If the User has any questions or comments concerning the Platform, Content or Services in connection therewith the User may contact Us at our contact email address named in the Imprint of this Platform.

2. Registration and Account

In order to access certain features of the Platform, especially licensing Content from Us, the User must register. Registration as a User is only allowed if the User is at least 18 years old. The User is obliged to provide correct and complete information. We will provide the User at Our sole discretion with a registration confirmation for the Platform via email (the "Account"). We are entitled to reject the registration of individual users without giving further reasons. The User may only register one Account at the Platform.

Certain Content or Services may be made accessible or non-accessible to certain Users, for instance by establishing different access levels differentiating between certain groups of Users, at Our sole discretion.

The login data the User creates during the registration process is intended solely for personal use of the User and should be kept secret and safe. The User is not permitted to share login details of the User with third parties to allow them to use the Account via login of the User, or to disclose login details of the User otherwise. The User is obliged to inform Us immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and / or misuse of access information of the User or of User Account.

3. Intellectual Property Rights

All Content and Services on Our Platforms, including content and services provided by the User or any third parties, i.e., in particular all texts, logos, brands, graphics, artwork, sounds, music and software (including the access software) is protected by copyright, personal rights, registered designs, patents, trademarks, service marks, design rights, database rights, trade secrets, rights of confidence and other similar rights (“IPR”). As between the User and Platform Operator, all IPR in and to the Platforms and the Content and Services shall be the property of Us. All rights not expressly granted in these Terms are reserved by Platform Operator. Where IPR has been licensed by Platform Operator from a third party, such rights are reserved by Platform Operator on behalf of the relevant third party. The User is not permitted to reproduce, copy, post, republish, transmit, record, transfer or process any Platform or Content and Services whether in whole or in part without Our express written permission in advance, nor is the User permitted to do or attempt anything that violates any IPR in the same. This also applies to the ideas and concepts on which the Platforms or Content and Services are based to the extent these are not protected at law.

4. User’s Rights and Obligations

We grant the User and other Users the right to access the Platform and to use the Services and Content under the conditions defined herein. The User may download or copy Content or retrieve Services from the Platform in form of non-commercial viewing, copying and sharing, where technically allowed as defined herein below under.

Content may be used, edited, copied, published and modified by the User to the extent and in such form as necessary for news coverage and/or for editorial use of the User in relation of reporting and coverage of current and former events with a license period of six (6) months commencing on and inclusive of the Content download date.

4.1. Rights for Use of the Content

Content is granted to the User subject to the following license terms:

We hereby grant the User, free of charge, the following worldwide, non-exclusive, non-transferable, non-sub licensable right:

a) to broadcast the Content over Free TV, WebTV, IPTV (excluding WRC Content) and Mobile TV via non-encrypted terrestrial, cable, satellite, internet, mobile, wire, fibre and any other means of linear transmission to the audience; and

b) to make the Content available as Free or Ad Video On Demand on services and/or channels, by means of non-linear and non-encrypted electronic transmission to the audience upon audiences request via streaming, temporary progressive download and other non-permanent displays of the Content, excluding download to own and any other transmission for permanent storage of the Content by audiences; and

c) to edit and adapt the Content by means of technical format and encoding; and the right to edit, adapt, use and to combine the Content with other material solely to the extent and in such form as necessary for the specific communication purpose of the User; provided that the integrity of the Content is not compromised; and

d) to promote the Content solely for the purpose of directly announcing and promoting the exploitation of the Content to the aggregate duration of up to thirty (30) seconds; and

e) to publish and reproduce the Content an unlimited number of times in print; and

f) for written and pictured quotes of the Content.

4.2 Excluded Rights

All other rights not explicitly licensed hereunder are reserved by the Platform Operator. The following rights are especially not granted, unless otherwise agreed on in writing:

a) No advertising use: The User may not use Content and Services for any commercial, advertising, advertorial, endorsement, merchandising or promotional use.

b) No music rights: Any and all rights regarding music (including but not limited to the sync and master use rights) are not licensed under the Rights of the User for Use of the Content and explicitly excluded. Overall, the User guarantees to clear and acquire all necessary rights to the music and its performance including such rights that are held by collecting societies prior to its usage and exploitation and shall indemnify and hold Us harmless against all claims in connection therewith.

c) No re-publication: The User may not reproduce, modify, alter or otherwise exploit the Platform, Content and Services to any other computer, server, website or other medium for publication or distribution.

d) No commercial use or distribution: The User may not sell, license or sublicense Content against a fee to third parties, e.g. through sub-distributors and/or sales agents in various markets and distribution channels.

e) No unlawful use: The User must not cast a negative light on Platform Operator or Our activities, businesses, products or brands. In particular, the User is prohibited from using any Content in connection with: illegal products, content, services or materials; coverage of accidents, assaults, catastrophes or riots; and/or ; use the Platform, Content or Services in any unlawful, threatening, racist, libellous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic or otherwise objectionable way, or violate any applicable law and/or for the publication of, linking to, issue or display any material, that contain any virus, trojan horse or other harmful code or script; or encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law.

4.3 Credits:

a) Videos: The User must include a credit adjacent to the Content or in production credits, as follows: © [Platform Operator]

b) Photos: The User must include a credit as accompanying the Content on the Platform: for example “[Photographer Name]/ [Platform Operator] [Media Library/ Press Center]”

c) Social Media Platforms : Any use of Content on social media platforms shall be clearly marked by User by tagging Platform Operator and additionally, where Content are photos, by tagging the Photographer.

4.4 Additional Obligations as a User: In the event that the User becomes aware of any actual or alleged infringement of third parties’ rights by any Content or Service, the User shall: immediately notify Us in detailed writing and cease using the affected Content or Service; not make any admission as to liability; allow Us to take sole control of any claim; provide Us with all assistance as may be requested in relation to the infringement, including using best efforts to minimize the negative effect of the infringement; and cease using the Content or Service. If requested by Platform Operator, the User will deliver Us a notification regarding the use of the User with details where the Content or Service used by the User can be found and will provide Us with a sample of the final version in electronic format via email.

4.5 Indemnity

The User agrees to fully indemnify and hold Us, Our affiliates, officers, directors, shareholders, employees and agents harmless in respect of all liabilities, damages, claims, actions, expenses, demands or costs (including any legal fees in relation to such claim or damages) incurred by Us arising from, or in connection with, the use of the User of the Platform, Content or Services outside the scope of these Terms, any breach or alleged breach by the User of these Terms or violation of the User of any law or infringement of third party rights.

5. Disclaimer and Limitation of Liability

5.1 We make no express or implied representations or warranties of any kind (and all representations and warranties are expressly disclaimed to the fullest extent permitted under applicable law) with respect to the accuracy, quality, workmanship, timeliness (including in respect of delivery), operability, merchantability, availability, or completeness of the Platform, Services, Content or towards the non-infringement of industrial or intellectual property or any other rights of third parties or the fitness of the Content for a particular purpose. Any decisions or action taken by the User on the basis or in relation to the information, Content or Services provided on or via the Platform are at the sole discretion and risk of the User. The User must be aware that any action, activity and/or information displayed or provided on or via the Platform is conducted by trained and experienced professionals and it is the responsibility of the User to take precautions and use common sense when using the Platform, Content or Services.

5.2 The User acknowledges and agrees that the User access and use the Platform, Content and Services are at the own risk of the User on an "as is" and "as available" basis and that We are not liable for any errors or omissions in any Content, Service, any availability or delivery (including without limitation whether caused by interruption, deletion, delay in operation, transmission, communication line, errors, omissions or computer virus, trojan horses, or other harmful code or script), nor any damages related thereto.

5.3 We do not warrant that the Platform, the Content or the Services will be error-free or uninterrupted or that defects will be corrected. We reserve the right at any time and without notice to remove the Platform, Content or Services (or part thereof) for whatever reason, or to interrupt the operation of the Platform, Content or Services (or part thereof) as may be necessary to perform routine or non-routine maintenance, error correction or other changes.

5.4 We sometimes provide hyperlinks and/or advertisements to other websites that are not owned or controlled by Us. We accept no responsibility or liability for any material supplied by or contained on any third-party website which is linked from or to Our Platform. Neither are We responsible for any third party's websites and the visit of the User of such websites entirely at the own risk of the User.

5.5 Subject to paragraphs 5.7 and 5.8 below, the User agrees that We, Our and Our affiliates’ employees, directors, distributors, licensors and agents shall not be liable, whether such liability arises in contract, tort (including without limitation negligence) or otherwise, for any (i) loss of business, opportunity, use, profit, anticipated profit, contracts, revenue, goodwill or anticipated savings or (ii) loss of data or use of data, whether direct, indirect, consequential or special and whether arising in connection with the use of or attempt to use the Platform, the Content or the Services, the inability to use these items, interruption or termination of Our provision of the Platform, Content or Services and even if We have been advised of the possibility of such damages occurring.

5.6 In any event, to the fullest extent permitted by applicable law, We shall not be liable for any damage or loss, whether direct or indirect, that the User may suffer as a result of a failure by Us to deliver the Content or Services for any reason, including but not limited to access delays or interruptions, data non-delivery or mis-delivery, failure to deliver the Content or Services due to server failure or any event of force majeure including without limitation, acts of God, war or terrorism, breaches of security or unauthorized use of personal data arising from hacking and/or failure or lack of reception of networks. The exclusion set out in this section shall apply even in the event that the loss or damage suffered by the User was or should have been foreseen by Us and/or the User told Us of the risk of the User suffering the loss or damage in question.

5.7 Nothing in these Terms shall limit or exclude Our liability for death or personal injury caused by Our negligence, for fraud or fraudulent misrepresentation, or for any other type of liability which cannot be limited or excluded by applicable law.

6. Termination and Suspension

6.1 The User may cancel the Account of the User at any time. If the User wishes to cancel, the User shall follow the instructions as provided in the Account settings or use the unsubscribe link in one of the emails sent as part of the existing Account. Alternatively, the User can contact Us at the address given in the Imprint of this platform and cancel the Account in writing.

6.2 The User agrees that We may, in Our sole discretion, without the need to give reasons and without prior notice, suspend or terminate the Account of the User and/or access to the Platform, Content or Services in its entirety or in part upon written notice, if We determine or have reasonable grounds to suspect that the User has breached these Terms.

6.3 All disclaimers, indemnities and exclusions in these Terms shall survive the termination of these Terms.

7. General Provisions

The original version of the Terms is in English language. Any translated version is for convenience of the User and information only. In case of disputes the English text shall prevail.

Please refer to Our Privacy Policy (https://press.pierernewmobility.com/DataProtection.aspx) for information on how We collect, use and disclose personal information.

These Terms and any rights and licenses granted hereunder may not be transferred or assigned by the User without Our express prior written consent. We may assign these Terms and any rights and licenses granted hereunder, without consent or notice, to any corporate affiliate.

We reserve the right to revise and to modify these Terms occasionally, and without giving any reason. We will inform the User in reasonable time of these changes, for example notifying on the next login of the User. The changes are deemed to be accepted by the User if the User uses the Platform, the Content or the Services or when the User raises no objection within 30 days after the first notification in text form (i.e. at least via email). We will inform the User of the possibility of objecting, the deadline and the consequences of the inaction of the User beforehand separately. In the event of the objection of the User both We and the User are entitled to terminate this cooperation with immediate effect.

Each provision of these Terms shall be constructed separately and independently. The effectiveness of these Terms shall not be impaired if any provision of these Terms should be completely or partially invalid or unenforceable. In this case, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms remain in full force and effect.

These Terms shall be governed by and construed in accordance with the laws of the seat of the Platform Operator. All disputes arising out of or in connection with these Terms, including any questions regarding its existence, validity or termination, shall exclusively be settled by the court responsible for commercial matters in the country where the seat of the Platform Operator is located, without reference to its conflicts of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980, shall be excluded.