USAGE RIGHTS REQUEST

v.13.03.2018

Hi! Thanks for stopping by. We are edding International GmbH, Bookkoppel 7, 22926 Ahrensburg and we are pleased to see how much you like our products. We presume you’re here because we have tagged your photo or video. The reason for this is that we would like to ask your permission to use and share your content that we have tagged (“User Generated Content” - “UGC”) as set out below. Thank you for considering this.

1) From time to time, we contact our customers to ask them for permission to reproduce our favourite UGC and to include it on our website, in emails, on social media and in store, or to use it for other marketing purposes.

If you allow us and our partners* (“us”, “we”) to use your UGC as described below, we will quote your account name (or any other designation that you let us know about) linked to your UGC in accordance with § 13 of the German Copyright Act (UrhG) on our website so that everybody knows to whom the fantastic UGC belongs. If technically possible, we will also post your account name linked to the UGC if we use your UGC online or offline for other purposes as specified below. If you do not wish us to show your user name or any other data identifying you that may be included in your UGC, you can ask us to change how we present your UGC accordingly at any time, for example by sending an email to datenschutz@edding.de. You can also use this address to ask us for information about all details relating to the processing of your personal data in connection with this request for and granting of usage rights as the legal basis for the data processing and, subject to the statutory provisions, assert your rights as a data subject in accordance with Art. 15 – 21 of the General Data Protection Regulation.

As we have to legally protect ourselves and ensure that the UGC actually belongs to you, that we are allowed to circulate it via our channels and that it does not breach anybody else’s rights, we are now going to get a bit formal. To do this, we specifically need you to grant us the appropriate rights.

2) By responding to this usage rights request with the hashtag #yesedding, you grant us the following usage permit under the following licence conditions. For this purpose, you confirm that you are a natural person over the age of eighteen (18) years or that you have obtained your parent’s consent to grant the usage permit in respect of your UGC.


USAGE PERMIT

You hereby grant us rights of use in respect of your UGC that we have tagged as set out below. If you do not explicitly grant us rights of use to your UGC, such rights of use do not exist.

You grant us and our partners the non-exclusive right, unrestricted in terms of time and location, to use your UGC as follows:

  • To display your UGC visibly for as long as we wish and as frequently as we wish on our following websites (edding.com and sub-pages) and social media presences (Facebook, Instagram, Pinterest, Snapchat, Twitter) for all Internet users or closed user groups.
  • To distribute, publicly disseminate and make publicly available your UGC for a specified or unspecified group of persons via all currently known open, multimedia, computer network or telecommunications services (e.g. Internet, email, push or pull services for mobile or fixed end devices, on-demand services, webcasting, online databases, terrestrial services, such as radio and television).
  • To use your UGC for advertising purposes of any kind on the platforms and services specified above.
  • To use your UGC for advertising and marketing purposes of any kind offline in print media, brochures, catalogues, advertisements, leaflets, storytelling, exhibitions, posters, flyers, (post)cards, packaging, wrappers, cases, labels, writing and craft materials.
  • In connection with the above acts of use, we are entitled to store or reproduce your UGC in any format on our own data processing equipment and storage media and / or on storage media and data processing equipment operated by third parties on our behalf (in particular web servers and cloud services), to pass on your UGC or make it available online to third parties, in particular our external service providers (e.g. hosting providers, media and marketing agencies) and – subject to the protection against the distortion or any other derogatory treatment of your UGC governed by § 14 of the German Copyright Act (UrhG) - to amend and process your UGC, in particular to make cuts, reductions, enlargements, formatting, contextualisation, mirroring, colour changes, post-processing, format changes, montages with other works, framing, descriptions and other changes that we may consider necessary taking into account the above methods of use and the intended recipients, or that are necessary for technical reasons.
  • If we appoint service providers to be involved in the above acts of use, for granting appropriate and relevant sub-licences to the necessary extent after obtaining your prior agreement or subsequent approval, which cannot be withheld arbitrarily or contrary to the purposes of the contract.

(“Licence”).

This Licence is granted free of charge. We therefore do not owe you any payment in connection with the use of your UGC. The Licence is:

  • “non-exclusive”, i.e. you can use your UGC for your own purposes and allow others to use your UGC for their purposes as long as our rights of use are not restricted by this (in particular by granting an exclusive licence);
  • “unrestricted as to time”, i.e. you grant us the Licence for an indefinite period;
  • “unrestricted as to space”, i.e. we would be able to use the Licence worldwide.

We reserve the right to stop using your UGC at any time without notification and to remove it from our marketing channels without compensation.


You confirm

  • that you hold the necessary rights to grant the Licence to us as described above and, if you are not personally the author of the UGC, no further licence fees or other remuneration is owed as a result of our use as described above;
  • that, where applicable, you have obtained permission from all persons who are depicted or otherwise identifiable in your UGC for your UGC in which they are depicted to be published to the extent specified above;
  • that your UGC does not breach any third-party rights, e.g. intellectual property or personal rights;

You undertake to indemnify us upon first request against all third-party claims as a result of any breach of this. This includes the costs for our legal defence (in particular lawyers’ fees and court costs in the statutory amount).

This Agreement and any disputes arising herefrom are governed exclusively by GERMAN law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law applies unless the granted protection is withdrawn by mandatory provisions of the law of the country in which you have your usual place of residence. If you are a trader, entrepreneur within the meaning of § 14 of the German Civil Code (BGB), a legal entity under public law or a special fund under public law, or if you have no place of general jurisdiction in the Federal Republic of Germany, the exclusive place of jurisdiction – including international jurisdiction – for all disputes arising out of or in connection with this Agreement will be our registered office.

The European Commission provides a platform for extrajudicial online dispute resolution which can be accessed at www.ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute resolution procedures before a consumer arbitration board.

For further informations, please contact:

edding International GmbH
Bookkoppel 7
22926 Ahrensburg
info@edding.de

* edding AG, v.D. Ledermann & Co. GmbH, edding Benelux B.V., EDDING (U.K.) LTD., edding France SAS, edding Hellas Ltd., edding Ofis ve Kirtasiye Ürünleri Tic. Ltd. Sti, edding Argentina S.A., edding Colombia S.A.S., edding Mexico S. de. R.L. de C.V.