Press.esimit.com Terms and Conditions of Use
Esimit Europa LTD ("Esimit Europa") operates this Site (press.esimit.com) to provide online access to information about Esimit Europa collected in a free image database of license-free images, videos and texts owned by Esimit Europa.
By using this site you agree to these Terms of Use. If you do not agree to these Terms of Use, please do not use this Site.
Esimit Europa grants to its registered users a non-exclusive and non-transferable license for authorized use of downloaded images, photos, videos and texts (“the Content”). All rights of the Content including all copyrights and other industrial property rights that relate to the Content remain with Esimit Europa or the respective photographer/author. Any other type of use requires the express prior written agreement of Esimit Europa.
Table of Contents
1. Type of License
2. Types of Use
3. Trademarks
4. Cost Exemption
5. Naming the Creator and References
6. Forbidden Use
7. Blocking
8. Disclaimer of Warranties
9. Limitation of Liability
10. Indemnification
11. General Provisions
1. Type of License
Esimit Europa gives you the right to publish all the Content for non-commercial purposes related to the promotion of Esimit Europa. Therefore, Esimit Europa herewith grants to its registered users a non-exclusive and non-transferable license for downloaded Content that is not limited locally and for a definite period of time for the authorized uses listed below.
Only editorial (non-commercial) use of the Content is allowed. Any commercial usage (merchandising right), i.e. the right to commercially use logos and image materials by selling the image or logo materials or making or distributing of goods of all kind, which depict images and logos (e.g. posters, postcards, clothes, publications including comics, sound storage mediums, headwear, mouse pads, buttons, etc.) is strictly prohibited.
This license is granted for a limited period of time in a way that you are only allowed to use the Content as long as it is available on this Site. When Esimit Europa decides to remove (change, alter, replace, etc) any part of the Content (for instance any image, video or text) from this Site, this license terminates and you are no longer authorised to use such part of the Content (such image, video or text).
The Content may not be used in such a way that is likely to damage the reputation and prestige of Esimit Europa, our goals or any other public or private organisation or its members or bodies
Excluded is the use for image databases, picture catalogues and similar image collections.
2. Types of Use
The following Types of Use are transferred:
Right of reproduction and distribution, i.e. the right to optionally reproduce and to distribute and/or have reproduced and/or distributed the Content within the scope of the listed types of use, also on image/sound/date carriers not originally used.
Retrieval and online right, i.e. the right to provide the Content by analogue, digital or other memory or data telecommunication, with or without intermediate storage, wireless or by cable.
Broadcasting right, i.e. the right to make the Content accessible to the public within the licence type listed before, as often as wanted and with all technical methods by means of broadcasts.
Printing right, i.e. the right to use the Content material within the scope of the licence listed above for making, reproducing and distributing illustrated or non-illustrated books, leaflets or other publications. Excluded is the use in image catalogues and similar image collections.
Limited right to edit, i.e. the right to edit image material with help of analogue, digital or other image editing methods in the following way: changing of image size (enlargement, reduction, cutting). The right to change the image materials in any other way remains with the creator.
All other rights relating to the Content, including all copyrights and other industrial property rights relating to the image material remain with the creator.
3. Trademarks
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.
4. Cost Exemption
Esimit Europa abstains from charging users for granting the users' rights listed before.
5. Naming the Creator and References
Unless otherwise stated on the download page, the Content of the Esimit Europa image database are to be provided with the designation of authorship “Esimit Europa”. In so far as the place the photo was taken and/or the name of the photographer or author can be seen on the download page, this information, too, is to be provided in the following way:
'© Esimit Europa/ Name of the Photographer’
If images are used on the Internet or for digital media Esimit Europa must be referred to with its link www.esimit.com.
6. Forbidden Use
This Site and the Content must be exclusively used for legal purposes.
This Site may not be used for distributing defamatory, pornographic material or material that is illicit in any other way, or used for threatening or troubling third parties or harming the rights of third parties (including personal rights).
7. Blocking
In the case of violations of these Terms of Use, Esimit Europa reserves the right to block access or sectional access to press.esimit.com with immediate effect. Esimit Europa reserves the right to take legal action and to make claims (especially claims for damages).
8. Disclaimer of Warranties
ESIMIT EUROPA MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR THE CONTENT. ESIMIT EUROPA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE CONTENT AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. ESIMIT EUROPA DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. ESIMIT EUROPA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
9. Limitation of Liability
IN NO EVENT WILL ESIMIT EUROPA BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE OR THE CONTENT, EVEN IF ESIMIT EUROPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, ESIMIT EUROPA'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
10. Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Esimit Europa, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, or the Content, or any violation by you of this Terms of Use.
11. General Provisions
For any and all disputes arising from or in connection with this Agreement, the exclusive competence of the court having jurisdiction over the headquarters of Esimit Europa shall be agreed upon.
Esimit Europa reserves the right to sue at the place of general jurisdiction.
If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement are governed by, and will be interpreted in accordance with, the laws of the Republic of Cyprus, without regard to any conflict of laws provisions.
Esimit Europa LTD,
Evagorou & Manadrou 1,
Frosia House 4th floor,
1066 Nicosia, Cyprus
March 2013
