Last Updated: July 2020
These Site Terms are not intended to alter the terms or conditions of any content licence agreement you may have with (aem’kei), its subsidiaries or affiliates, and to the extent of any conflict, the terms of your content licence agreement will prevail. By using the Site, you represent and warrant that you are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorised to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify for violations of these Site Terms.
(aem’kei) is committed to protecting your privacy and no information is shared.
Ownership of the Site and its Contents
The Site is owned by (aem’kei). Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software and the selection and arrangement thereof (“(aem’kei) Content”), is owned by (aem’kei). All elements of the Site, including the (aem’kei) Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
Use of the Site
The (aem’kei) Content is intended for customers only. You may not use the Site or the (aem’kei) Content for any purpose not related to your business with (aem’kei). You are specifically prohibited from: (a) downloading, copying or re-transmitting any or all of the Site or the (aem’kei) Content without, or in violation of, a written licence or agreement with (aem’kei); (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the (aem’kei) Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing or attempting to register, subscribe or unsubscribe any party for any (aem’kei) product or service if you are not expressly authorised by such party to do so; (e) reverse engineering, altering or modifying any part of the Site or the (aem’kei) Content; (f) circumventing, disabling or otherwise interfering with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site; (g) selling, licensing, leasing or in any way commercialising the Site or the (aem’kei) Content without specific written authorisation from (aem’kei); and (h) using the Site or the (aem’kei) Content other than for its intended purpose. Such unauthorised use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.
In the event you reside in New Zealand, Australia, Japan, China, Malaysia, Indonesia, India, United Arab Emirates, Qatar, Hong Kong, Korea, Taiwan, Mongolia, Vietnam, Singapore or Thailand you are responsible for all applicable taxes and any applicable Third Party fees (including but not limited to credit card fees, foreign exchange fees and cross-border fees).
Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, (aem’kei) has adopted a policy of terminating, in appropriate circumstances and at (aem’kei)’s sole discretion, account holders who infringe the intellectual property rights of (aem’kei), or any third party.
(aem’kei)TRADEMARKS, the (aem’kei), logo, and any other product or service name or slogan contained in the Site are trademarks of (aem’kei), and its suppliers or licensers, and may not be copied, imitated or used, in whole or in part, without the prior written permission of (aem’kei), or the applicable trademark holder. You may not use metatags or any other “hidden text” utilising “(aem’kei),” or any other name, trademark or product or service name of (aem’kei), without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of (aem’kei), and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You may not use a (aem’kei), logo or other proprietary graphic of (aem’kei), to link to the Site without the express written permission of (aem’kei),. Further, you may not frame any (aem’kei), trademark, logo or other proprietary information, including the (aem’kei), Content, without (aem’kei)s’ express written consent.
(aem’kei), makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of (aem’kei), and (aem’kei) is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. (aem’kei), provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by (aem’kei) of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that (aem’kei) shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
You agree to defend, indemnify and hold harmless (aem’kei), its subsidiaries, affiliates, licensers, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorised use of the (aem’kei) Content, or your violation of any rights of another.
Applicable Law and Venue
Any dispute relating in any way to your use of the Site or the Getty Images Content shall be submitted to confidential arbitration in Berlin, Berlin Germany, extent you have in any manner violated or threatened to violate (aem’kei)s’ intellectual property rights, (aem’kei) may seek injunctive or other appropriate relief in any state or federal court in the State of Berlin Germany, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the German Arbitration Provision. The arbitrator’s award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.
Notwithstanding any of these Site Terms, (aem’kei) reserves the right, without notice and in its sole discretion, to block your use of the Site.
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by (aem’kei),. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
Changes to Site Terms
(aem’kei), reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the “last updated” date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.
Questions and Contact Information
Please contact us if you have any questions or comments about the Site or Site Terms.
© 1994-2020 (aem’kei) Markus Klosseck. All rights reserved. Terms and Conditions of Use.