General Terms and Conditions for the Wilo-Media Database
(as of March 2014)

WILO SE (hereinafter “Wilo”), with its seat at Wilopark 1, 44263 Dortmund, Germany, on its website operates the media database of the WILO SE, comprising Wilo and those companies in which Wilo has a direct or indirect shareholding. The media database can be accessed at https://mediadatabase.Wilo.com. Use of the media database and of the images and other data material made available through the database is based exclusively on the General Terms and Conditions set forth below. By using the media database you will be deemed to have accepted the General Terms and Conditions. Terms and conditions of the user that are contrary to these Terms and Conditions or that supplement them or deviate from them will not become part of the right of use unless expressly recognized in writing by Wilo.

I. Use of the media database

1. Subject matter

Through the media database, Wilo provides digital images and video, audio and other data material free of charge, to be used for the purpose of reporting within the scope of journalistic-editorial work. Any other use of the images, including without limitation commercial use for advertising purposes, is subject to separate agreement with Wilo.

2. Access to the media database

Generally, no registration is required in order to use the media database. Any data material can be obtained by direct download or via a download link by e-mail after having submitted the address.

The rights to images, video, audio and other data material are regulated in Section II of these General Terms and Conditions.

Wilo reserves the right to block access to and disable use of the media database at any time without prior notice and without reason. Access will be blocked and/or use disabled especially if the media database and the media made available through it are used contrary to the Agreement.

3. Wilo

Wilo endeavors to keep the media database available without any interruptions. However, in spite of all due care taken, downtimes cannot be excluded. Wilo assumes no liability or warranty for any interruptions or other failures that may affect the website, nor can the user derive any other claims from any such occurrence. Furthermore, Wilo reserves the right to change, alter and/or discontinue the media database at any time.

4. Contents

Utmost care and diligence are used in creating the contents of the media database. However, Wilo assumes no liability or warranty for the correctness, completeness and up-to-dateness of the contents provided, especially the correctness of image captions.

5. Liability

Any liability of Wilo for property damage or pecuniary damage is limited to intent and gross negligence.

6. Personal data

Personal data will be collected, processed and used automatically, exclusively for the purpose of using the media database. In addition, the principles and rules in force with respect to data protection apply.

7. Other provisions

The laws of Germany, excluding the UN Sales Convention and any conflict-of-laws rules referring the matter to a foreign jurisdiction, shall apply. The place of jurisdiction shall be Dortmund, Germany.

If any of these provisions is or becomes invalid, the validity of the remaining provisions of the contract shall not be affected thereby.

Wilo shall have the right to assign its rights and duties to any of its affiliated group companies. The regulations concerning the rights of use set forth in Section II and the statutory provisions concerning the transfer of receivables shall remain unaffected.

The user is prohibited from assigning to third parties any receivables due to it from Wilo.

II. Use of images and other data material

1. Rights

Any and all images and video, audio and other data material are protected under copyright law and /or other intellectual property rights. Unless agreed otherwise, Wilo grants a non-exclusive right of use for strictly journalistic-editorial purposes (excluding illustrated books), in the images and video, audio and other data material made available. Strictly private use and reproduction for educational purposes at schools and universities shall remain unaffected. The right to perform any form of editing or to otherwise change or alter the images is subject to Wilo’s prior consent; please contact mediadatabase@wilo.com.
The right of use covers one-off use. If the image or data material has not been used within a period of two months after receipt, the right of use becomes extinct. In the case of images or data material representing objects protected in favor of Wilo under copyright and/or trademark law and/or the law covering industrial designs, such right shall also cover use of the respective protective rights.

Any transfer, assignment or sub-licensing to any third party of all or part of the right of use granted hereunder is excluded. Excepted from this provision is the transmission of the respective image or material to third parties for internal editorial purposes (sighting and selection of media).

2. Agency and copyright notice

Use of the images in accordance with Section II 1 is permissible only in connection with an agency and copyright notice. That notice must first of all identify Wilo as holder of the rights of use and then give the name of the respective photographer as the author of the photograph.
Example: Picture: WILO SE /Christian von Nethen.
The notice is to be added in such a way as to leave no doubt concerning allocation.

3. Image quality

Wilo endeavors to provide images that are free from defects. If the images sent turn out to be defective, Wilo, on being informed accordingly, will endeavor to provide images that are free from defects. However, Wilo makes no warranty that any images provided are free from defects.

In all other respects, the liability regime set forth in Section I 5 shall apply.

4. Personal rights

Wilo has endeavored to obtain the consent of any persons depicted but makes no warranty that no personal rights will be violated by using the images. The user shall therefore indemnify and hold Wilo harmless in respect of possible claims raised by third parties based on the use of the images provided.

III. Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States.
In case IP-anonymisation is activated on this website, your IP address will be truncated within the area of Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases the whole IP address will be first transfered to a Google server in the USA and truncated there. The IP-anonymisation is active on this website. Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing them other services relating to website activity and internet usage.
The IP-address, that your Browser conveys within the scope of Google Analytics, will not be associated with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also opt-out from being tracked by Google Analytics with effect for the future by downloading and installing Google Analytics Opt-out Browser Addon for your current web browser: tools.google.com/dlpage/gaoptout
In the light of the discussion about the use of analysis tools with full IP addresses we would point out that this website uses Google Analytics with the extension "_anonymizeIp()" and therefore, IP addresses are processed only shortened, to exclude a direct reference to a single person.