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| Conditions of Use |
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COVERAGE OF GENERAL TERMS OF USE
(1) Behr Bros. (the seller) offers its services and
products exclusively based on the terms of use laid out in the following.
General Terms of Use of the buyer are hereby rejected and will not apply to any
purchase from Behr Bros.. Any deviations from the seller’s terms of use will
only be binding if the seller acknowledges them and confirms those deviations
in writing.
(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).
REGISTRATION OBLIGATIONS
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.
(3) 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"
(4) Copyright
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.
RETURNS
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.
GOVERNING LAW
This Agreement will be governed by the laws in force Rottweil, Germany. The buyer
will bring any legal action to court in Rottweil, Germany. All notices,
requests and other communications under this agreement must be in writing
(e-mail messages shall be deemed writings).
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