As of: February 2013
I. Wacker Neuson services, content
Wacker Neuson SE and/or its subsidiaries ("Wacker Neuson" or the "supplier") is making the Wacker Neuson media pool (the "portal" or "database") available on the Internet on which registered users can upload their images / photos / text / videos / etc. (the "media" or "content") for storage. Wacker Neuson makes it possible to retrieve this content on the portal. Therefore, media uploaded by users is generally also made publicly available for third parties.
Wacker Neuson intends to check all uploaded content prior to publication. Wacker Neuson reserves the right to refuse to publish media at their own discretion and / or to correct or delete already published content. This is especially considered if the content does not meet the Wacker Neuson quality criteria, similar content is already available in the database, if a breach of these special terms of use or legal provisions should become known, if the content violates the rights of third parties or if the suspicion of such violations exists. In this respect, the user has no right to publish content on the portal.
It is at the discretion of Wacker Neuson as to whether a user is to immediately be temporarily or permanently blocked from using the portal (in particular in the event of a violation of laws, morals, these special terms of use or other important reasons) and the user's content is to be removed from the portal.
II. Registration as a user, temporary use
Prior to using the portal, the user must apply for access or registration, e.g. on the Wacker Neuson website. In this case, the applicant is required to provide complete and accurate information in terms of an e-mail address and other data required for registration (name, company, etc.) and to not register under a false identity. Every application is reviewed. Wacker Neuson is entitled to reject any application without providing a reason, i.e. there is no right to use the portal against Wacker Neuson.
If the request is approved, Wacker Neuson sends the access data to the e-mail address named by the applicant. After registration, the user can log in on the provider's portal with his data and access his user account. Every user can have his access to the portal deleted at any time. To do so, an e-mail must be sent to mediapool@wackerneuson.com with the request for deletion.
Wacker Neuson requires personal data, e.g. in order to ensure the authorship of image material for themselves. If necessary, Wacker Neuson can contact the user via the telephone number and e-mail address entered upon registration (e.g. for questions regarding content and proprietary rights for the inserted media). Incidentally, the terms for the data privacy for use of the Wacker Neuson Internet site are referred to, which can be viewed here.
Outside companies and/or persons who would like to use media from the media pool and do not have registered access can request and be given a temporary download link from Wacker Neuson (so-called "eTicket") in order to download individual media. No right to this exists. Moreover, they are subject to the same terms as all other registered users.
III. User responsibilities
The user is obligated to keep his personal information up to date. Registered users may only have one account on the portal.
The user also agrees to not pass on his access data to third parties, especially adolescents, and to protect against access from third parties. The user is liable for all damages that result from the forwarding of his login to third parties or its use by third parties and shall inform Wacker Neuson immediately if there is evidence that his access data is being misused by third parties. Failure to comply with this obligation entitles Wacker Neuson to delete the user account, including all data, contributions and media of the concerned user.
The user is obligated to only add serious content to the portal, in particular no content that is classified as "prohibited content" in section VI. of these special terms of use.
IV. Granting of rights by the user for the benefit of Wacker Neuson
By uploading content and media, the user gratuitously grants Wacker Neuson the right to permanently use or have used (also and especially commercially) all copyrights and related proprietary rights within the meaning of the Copyright Act (UrhG) beginning upon uploading, including all temporary and permanent stages, unlimited in space, time and content, even in an edited and redesigned form. For this purpose, the user confers upon Wacker Neuson the exclusive right (unlimited as regards content and space) to use the content from the time of uploading, even in all temporary and final stages. In particular, these include, but are not limited to:
- the right to make changes, translations, adaptations or other modifications to the content,
- the right to use the content in any form (even edited), also on computers or other data processing machines,
- the right to save, reproduce, issue, publish, distribute in tangible and intangible form, in particular to non-publicly and publicly reproduce (also through image, sound and other information carriers), the content in the original, modified, translated, edited or converted form on any known media or in any other way,
- the right to use databases, data networks and online services, including the right to provide the content (even in edited form) to the users of the aforementioned databases, networks and online services for research, for retrieval using tools chosen by the contractor or for downloading,
Insofar as content is edited or changed by Wacker Neuson, e.g. for usage-related technical adjustments, the user's moral rights to his work remains unaffected, in particular his right to prohibit misrepresentations, other prejudices or uses that are likely to jeopardize his legitimate intellectual and personal interests in the work.
Wacker Neuson is entitled to fully or partially transfer the rights they are entitled to according to the preceding paragraphs to third parties or to grant third parties corresponding usage rights without acquiring additional consent from the user.
The use of these comprehensive rights granted to Wacker Neuson is compensated for by Wacker Neuson providing the user the functionality to upload on the portal. Wacker Neuson is not obligated to exercise the usage rights granted to them above.
IV. Rights violations, exemption
The user guarantees that he possesses all necessary rights regarding the media he inserts on the provider's database, that the use and/or utilization of this media does not conflict with the rights of any third parties (e.g. the right to their own image, the right to a name, copyright, personal rights or trademark rights of third parties) and that the added content does not violate any regulations of these special terms of use or any legal provisions. In the event of a breach of this guarantee or its other obligations, the user releases Wacker Neuson and/or companies associated with Wacker Neuson as well as their and/or the employees, representatives, shareholders and agents of companies associated with Wacker Neuson of all claims made by third parties against Wacker Neuson and / or companies associated with Wacker Neuson as well as his and/or the employees, representatives, shareholders and agents of companies associated with Wacker Neuson due to the infringement of the third party rights from user-provided content or due to other use of the portal by the user. At first request, the user assumes all costs of the necessary legal defense by the provider, including all court costs and legal fees.
Wacker Neuson has great interest in eliminating right-violating content that has been uploaded to the Wacker Neuson media pool by users. Should a user or a third person be of the opinion that certain content or media infringes upon his rights (e.g. the right to their own image, copyright, rights to a name, trademark rights), Wacker Neuson asks for an appropriate notification via e-mail to mediapool@wackerneuson.com. The provider will look into all serious messages regarding rights violations without delay and take appropriate legal action. Any violation will be punished.
VI. Prohibited content
Wacker Neuson will immediately delete, block or change content if they acquire knowledge that:
- its content violates good moral,
- right or left-wing extremist content is being disseminated,
- it is vulgar, sexist or pornographic content and / or the publication violates legal provisions regarding the protection of minors,
- it is clearly content that violates the rights of third parties,
- other reasons oppose clearing.
Pictures of people may not have been taken secretly without or against the will of the persons pictured or show the persons in private or intimate situations. When taking pictures of people, the user should have their permission to upload these photos in the portal under their conditions. When taking pictures of people under 16 years of age, the legal guardians' consent is required, i.e. usually both parents.
VII. Use of the content by third parties
Wacker Neuson allows employees, agencies, service providers, retailers and other partners to download content provided to them and to use it commercially to advertise Wacker Neuson or the products of the Wacker Neuson group in printed media or on the Internet. Within the scope of the afore-permitted use of content, Wacker Neuson grants the respective partner a license to gratuitously use the content, which is revocable at any time, non-transferable, non-sublicensable, non-exclusive, but temporally and geographically unlimited. In each case, the license expires upon termination of the cooperation between Wacker Neuson and the respective partner.
For journalists, the use of content is allowed for printed press products (newspapers and magazines) as well as press products on the Internet under the consideration of the following provisions: As a part of editorial reporting, the material may only be used with the words "Photo: Wacker Neuson SE." In the case of doubt, we ask you to please contact Wacker Neuson at presse@wackerneuson.com. Within the scope of the afore-permitted use of content, Wacker Neuson grants the journalist a license to gratuitously use the content, which is revocable at any time, non-transferable, non-sublicensable, non-exclusive, but temporally and geographically unlimited.
VIII. Rights to the database
All rights (copyright, trademark and other proprietary rights) to the portal or the database site, the database and the uploaded content, data and other elements - as regards the media inserted by the user as a part of the granted legal rights described herein - lie exclusively with Wacker Neuson (or with the third parties commissioned by Wacker Neuson for the programming and implementation). Copyright notices or other proprietary right notations on the website of the portal provider may not be changed.
The content of the portal may not be used to build your own database in any media form or for a commercial data utilization or provision of information. The integration or other linking of the database or individual elements of the database with other databases or meta-databases by users or other third parties is prohibited.
IX. Supplementary provisions
In addition to these special terms of use, the general terms of use and data protection from Wacker Neuson apply for the website use, which can be viewed here (Terms of Use) and here (Privacy Statement).