A. Media Terms of use
1. General information
2. Right of use
3. Media usage guidelines at a glance
4. Indemnification from third-party claims
5. Liability
6. Miscellaneous
7. Contact us
1. General information
All multimedia files provided by UCI Union Ceramcis International BV – The Mosaic Factory (hereinafter referred to as “TMF”) are protected by copyright. The following terms of use shall be deemed to have been agreed for the conclusion of the contract, in particular also by registration in the TMF Media Portal. Any deviating terms and conditions of the user are hereby rejected.
In the event of non-compliance with the terms of use, TMF may demand that the user withdraws, corrects or completely terminates the distribution of all his products with the representations of the multimedia files in question here at his own expense. The right to claim damages is reserved.
2. Right of use
TMF has the necessary rights of use to transfer these within the scope of this agreement or to make them available for download.
TMF grants the user the non-exclusive right, unlimited in terms of location and for the duration of the contract, to use the multimedia files for his own purposes in accordance with the contract, i.e. in particular to store it permanently or temporarily, to display it or to run it, even if duplications are necessary for this purpose. Clause 3 shall apply accordingly. The user requires a separate right of use for each additional, unnecessary copy or virtualization.
The right of use thus granted is not transferable. Neither the multimedia files nor the right to use the multimedia files may be sold, rented, lent, sublicensed or transferred in any other way. A copyright notice must be attached upon publication (see point 3. Media usage guidelines at a glance).
3. Media usage guidelines at a glance
Insofar as they are recognizably associated by the public with the TMF, its brands and subsidiaries, the multimedia files may be used free of charge for advertising and editorial publications. The territorial scope of application is: worldwide.
In close proximity to the multimedia file used, the following indication of our source is required for royalty-free use:
“The Mosaic Factory”
If an author is named, this must always be added to the source citation as follows:
E.g.: “The Mosaic Factory / Photo: Name photographer/photo studio”
Especially in the area of social media: Source and author can also be identified by tagging the corresponding accounts.
E.g.: “@tmf_mosaic / Photo: Name photographer/photo studio” or “@TheMosaicFactory / Photo: @PhotostudioXY”
It is permitted to indicate a collective source when using several multimedia files from one author.
THE SCOPE OF USE INCLUDES:
Print: brochures, flyers, press releases
Digital: own website, social media, newsletter
NOT PART OF THE AREA OF USE:
Explicitly and legally not permitted:
Use and in particular distribution of the multimedia files without advertising and editorial reference to TMF, its brands and subsidiaries
Posting on other databases
Incorrect indication of authorship
To edit, alter, possibly superimpose text on and reproduce the work, either by yourself or through third parties, regardless of the method used. This also includes montage and image processing, in particular the optical alteration and replacement of the mosaic products depicted.
Use in a misleading or defamatory context
The distribution, sale of TMF multimedia files in digital or physical or any other form – e.g.
Provision of the multimedia files for download or redistribution
Use in goods/services for distribution (cards, calendars, clothing, etc.)
Use in digital/electronic templates for resale (business cards, electronic greeting cards, brochure designs, etc.)
4. Indemnification from third-party claims
The user guarantees that the multimedia files made available to him will be used in accordance with this agreement and within the framework of the general laws.
In the event that third-party rights (e.g. trademark, design or patent rights) are nevertheless affected by the use of the transmitted materials by the user, the user shall indemnify TMF against any third-party claims and shall also inform the third parties of this upon request. The user will join TMF in the ongoing proceedings. He will reimburse TMF for all necessary costs, in particular the necessary costs of legal action, in connection with the infringement.
5. Liability
TMF
The liability of TMF is limited to intent and gross negligence. TMF accepts no liability whatsoever for the usability/marketability/suitability of the multimedia files for a specific purpose.
Users
Users are liable for any unauthorized use of the multimedia files.
6. Miscellaneous
The use of the multimedia files is subject to the provisions of Dutch copyright law. Dutch law applies.
If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of TMF. The same applies if the user does not have a general place of jurisdiction in The Netherlands or if his place of residence or habitual abode is not known at the time the action is filed.
Should any provision of this agreement be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by another provision which is valid and which comes closest to the invalid provision in terms of content and purpose, insofar as legally permissible.
TMF has the right to unilaterally change the terms of use, including for existing contracts, if the change is reasonable for the users, taking into account its interests. The user will be informed of changes in writing or by e-mail. The amendment shall become effective if the user does not object within six weeks of the information being sent. In the event of an objection, TMF shall be entitled to terminate the contract.
7. Contact
If you are unsure of your rights under this agreement or if you wish to use the multimedia files in a way that is not permitted under the agreement, please contact us:
UCI Union Ceramics International BV
Canadabaan 7C, 5388RT, Nistelrode – The Netherlands
E-Mail: marketing@themosaicfactory.com
B. Terms of use Media Portal
Contact details must be provided when registering. Only after TMF has checked and activated the access will the user have access to the multimedia files of the Media Portal.
Use of the Media Portal is only permitted if the data provided during registration is correct and complete. Otherwise, consent to use is deemed not to have been given. Access data may not be passed on to third parties.
The User shall be responsible for any damage caused to TMF or third parties by improper use of the access data. TMF may claim damages in this respect and exclude the user from further use of the Media Portal with immediate effect.
In the event that third-party rights are affected by this, the user shall indemnify TMF against any third-party claims and shall also inform the third party of this upon request. The user shall join TMF’s side in any ongoing proceedings. He shall reimburse TMF for all necessary costs, in particular the necessary costs of legal action, in connection with the infringement.
TMF has the right to unilaterally change the terms of use, including for existing contracts, if the change is reasonable for the users, taking into account its interests. The user will be informed of changes in writing or by e-mail. The amendment shall become effective if the user does not object within six weeks of the information being sent. In the event of an objection, TMF shall be entitled to terminate the contract.