General Terms and Conditions of Use for the DMG Media Center
I. Applicability
DMG Chemisch-Pharmazeutische Fabrik GmbH (hereinafter referred to as "DMG") offers on its website the Internet service DMG Media Center (hereinafter referred to as "Media Center") with Media, such as photographs, videos, short films, as well as advertising and presentation material from various subject areas (hereinafter referred to as "Media") available for download. The following terms and conditions shall govern use of the Media Center by interested persons (“User” or “Partner”).
To the extent that from the Media Center any applications of DMG or any entities affiliated therewith are referred to, contracts already in existence may apply (inter alia, terms and conditions of use for the Online Academy, non-disclosure agreements, terms and conditions of purchase) which contracts shall, in the event of any contradictions, take precedence over these provisions.
II. Services offered
The Media Center provides a protected area, for which admittance shall be necessary. After a successful log-in, a basic offer is available to the registered Partners, as well as a particular offer of information and applications.
III. Organizational and technical prerequisites for access
1. Accessing non-public pages of the Media Center shall be restricted to persons who have registered for the Media Center and who observe and comply with the following terms and conditions of use.
2. The User has to log in at the commencement of each use (session). The requisite access data (user name and initial password) shall be assigned to the User as part of the registration. The User shall be obligated to keep secret the password assigned to him/her and neither to transfer the password or access to a third party or to permit a third party to log in with the User's own log-in data.
3. DMG shall reserve the right to refuse, in whole or in part, registration or log-in requests and to subsequently withhold access rights (blocking users).
4. The current technical prerequisites for access shall be determined exclusively by DMG; DMG shall, at any time, be able to alter the content of the Media Center. In addition, DMG does not provide any guarantee for the accessibility of the Media Center and its offers; furthermore, nor does DMG declare that the Media Center is usable for the User's own purposes. DMG reserves the right to make errors in the description of products, content, and messages, and does not guarantee that they shall accord with actual results, insofar as these are not expressly confirmed to the User by DMG in writing.
5. DMG shall have the right to establish the duration and scope of the User's specific access rights and the general scope of services of the services offered as part of the Media Center. Both the User and DMG shall be able to terminate the use relationship at any time.
IV. User's duty of care
1. The access rights shall be issued in a personalized manner. The User shall have to ensure that no unauthorized third party obtains knowledge of his/her password. If the User ascertains that an unauthorized third party has succeeded in obtaining the User's password, or if there is suspicion of an improper use of his/her access data, then the User shall have to change his/her password without undue delay. If there is no opportunity to do so, then the User shall have to inform DMG hereof without undue delay.
2. Moreover, the User shall be obligated to inform DMG if the basis for granting the access right is inapplicable, e.g., upon the end of the business relationship at a partner entity or upon a premature end of the order-based relationship arising between DMG or with its affiliates and the partner entity. In the event of any violation of these provisions, including, but not limited to, misuse of the personalized access data, DMG shall reserve the right to block the right of access and to undertake additional legal measures.
3. The User shall be further obligated to refrain from all activities which could lead to destruction or manipulation of DMG's databases or the IT-systems of DMG or its affiliates or partner entities determined by DMG, by it or third parties.
V. Non-disclosure, information protection, data protection
Irrespective of any other existing statutory or contractual obligations concerning confidentiality and non-disclosure, the following shall apply, unrestricted temporally and, by extension, beyond the end of the use relationship:
The User shall be obligated to treat confidentially all knowledge concerning business secrets, which knowledge has been obtained as part of the User relationship.
All information necessitating protection, which is obtained to the knowledge of and by the User with use of the Media Center, must be secured against unauthorized parties taking any notice thereof.
DMG shall observe the internationally recognized standards for data protection. You can find specific details concerning this in the data protection declaration for the Media Center under Legal Notice for Media Center Data Protection.
VI. Liability
The Media Center is operated using all due care. Notwithstanding such, no warranty can be assumed for the Media Center's availability or for the flawlessness and accuracy of the information contained therein. Any liability for damages that arise directly or indirectly from the use or the inability to use the Media Center shall be precluded, insofar as such is not based upon willful intent or gross negligence. To the extent that websites operated by third parties are referred to by the Media Center, DMG shall assume no responsibility for their content.
VII. Trademark signs and copyrights
1. All trademark signs used as part of the Media Center and in relation to the Media made available are protected under trademark law to the benefit of DMG or of its parent company, Mühlbauer Technology GmbH. This applies especially, but not solely, to trademarks, type designations, and claims, e.g. "Dental Milestones Guaranteed." The intellectual property contained in the Media Center, such as trademarks and copyrights, is protected. Moreover, no license or use of the intellectual property of DMG or of their affiliates or third parties may be issued. (For exceptions, see under 3.)
2. The Media (Texts, Media, graphics, sound, animations, videos etc.) as well as their arrangement in the Media Center shall be subject to copyright law and other protective rights. Use rights shall be granted only insofar and as long as such is required for proper use of the Media Center. Moreover, the remaining content of the DMG website may not be copied, disseminated, changed, or made accessible to third parties for commercial purposes. Media contained on the Website can be subject to the copyright of third parties.
3. Insofar as the User would like to use photos of DMG products or insofar as these are in connection with the DMG products, for its commercial purposes and in fact exclusively for the sale of DMG products, a limited license, i.e., a permission to use, shall be issued as follows:
The permission for the publication shall encompass only the right of a use for the purpose of advertising, distribution, and offering DMG products. This right shall encompass the use of the Media as part of the prescribed purpose in catalogs, advertising media, advertisements, trade fairs, digital dissemination (internet, social media channels), and advertising materials of all kinds (i.e. flyers, brochures, printmedia and digital/online media)
Each permitted form and type of using the Media from the Media Center mentioned above may only be used in conjunction with the original DMG logo for the products of DMG. When using such Media, a copyright notice must always be stated immediately on or in the image/medium itself as follows: © 2023 DMG Hamburg - All Rights Reserved.
Any other use shall not be permitted and shall always require the prior approval by DMG.
If the Partner is unsure, whether a use of downloaded material complies with these Terms and Conditions he is – for the avoidance of doubts and misunderstandings - obliged to ensure before printing or publishing that usage has been approved by DMG Hamburg by sending a draft of any such marketing campaign to marketing(at)mtcompanies.com for inspection and approval. DMG may refuse the requested use if and insofar as it does not comply under these Terms and Conditions of use.
4. The publication permission granted shall not encompass the right to rework and/or otherwise change the Media; any sharing of the rights with third persons (sublicensing) shall not be permitted and shall always require the prior consent of DMG.
5. The right to publish the Media shall be restricted; a use right exists only as long as the distribution of DMG products by the User is carried on with permission of DMG and the business connection with DMG is not interrupted.
6. Notwithstanding the aforementioned use period, the User shall accept the right of DMG, that upon initial request DMG can again deny the use/publication of the transferred Media. In this event, all rights granted shall revert to DMG. DMG shall reserve this right in particular for the event that third parties raise claims in the Media.
VIII. Final provisions
If any amendments to these General Terms and Conditions of Use become necessary, then DMG shall inform the User hereof and shall offer to continue the use relationship at the amended terms and conditions. If the User refuses the amendment, then DMG shall terminate the use relationship and shall delete the existing access rights.
Should a provision of these General Terms and Conditions of use be or become ineffective, then such shall be without prejudice to the remaining validity of these General Terms and Conditions. DMG and the partner entity shall be obligated as part of what is reasonable in good faith to replace the ineffective provision by a lawful provision matching in its economic success, insofar as no material change to the contents is brought about by it.
The provisions of these Terms and Conditions as well as the legal relationships of the parties shall be subject to German law. The place of performance and the exclusive venue for any and all disputes that result from or in connection with these General Terms and Conditions of Use shall be Hamburg, Germany.