Database for Communication professionals of the Stäubli Group,
the Corporate Design section is an integral part of the "Medialibrary".
THE FOLLOWING IS A LEGAL AGREEMENT BETWEEN YOU (INCLUDING YOUR EMPLOYER IF YOU ENTER INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER) (HEREAFTER “YOU”) AND STÄUBLI (HEREAFTER “THE AGREEMENT”). PLEASE READ THIS AGREEMENT CAREFULLY AND COMPLETELY.
BY CHECKING THE “I AGREE” BOX ON THE APPLICATION FORM YOU AGREE TO BE BOUND BY THIS AGREEMENT. WE ENCOURAGE YOU TO PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
IF YOU DO NOT AGREE WITH THIS AGREEMENT PLEASE CANCEL YOUR REGISTRATION.
1. Description of the Website and the Media Library
The Website provides access upon login and password to the Media Library of STÄUBLI.
The Media Library is the online database of the STÄUBLI Group storing Digital assets owned by STÄUBLI or by other entities having granted STÄUBLI limited permission to use their works (hereafter “third-works Suppliers”). The Media Library is intended for the use of Marketing-Communication activities of the STÄUBLI Group. The access to the Media Library is reserved to Marketing-communication professionals of the STÄUBLI Group and their external suppliers (marketing, communication and advertising agencies) whose registration has been validated by STÄUBLI Corporate Communication Department (hereafter “Members”).
The access to the Media Library is reserved to Members.
The Website and the Media Library are owned and operated by STÄUBLI INTERNATIONAL AG.
2. Registration and Membership account
In case where false, inaccurate or incomplete information would be supplied, STÄUBLI reserves the right to refuse the access to the Media library or to suspend it even to delete it.
On receipt of this application form, and after an examination of the request, STÄUBLI will grant, by e-mail, a username and a password to the becoming Member to allow the access to the Media Library.
Username and password are confidential and personal to the Member; they may not be shared with, or transferred to, any other person or entity. The Member will be solely responsible for each and every use of its Membership account, username and password. STÄUBLI may rely on the use of the Membership Account, username or password as conclusive evidence that the Member have used the Website and the Media Library.
Your Membership Account on the Website and the Media Library may not be sold or otherwise transferred to another person or entity.
3. Use of the Media Library
a) Rights granted to Members
The Media Library and the Digital assets are intended to be used for marketing–communication activities of the STÄUBLI Group. Any other use or purpose is strictly prohibited without the prior written consent of STÄUBLI.
By this Agreement STÄUBLI grants You a personal, non-exclusive, non transferable right (except for the sole purpose of causing a third party to produce and/or manufacture the media incorporating the Digital assets) to:
- view the Digital assets,
- use the search engine to search for the Digital assets needed,
- view and post comments about Digital assets,
- access your Membership account,
- download (in high or low resolution depending on your profile), use and reproduce Digital assets from the Media Library in order to fulfil marketing-communication activities for the STÄUBLI Group (promotional actions, advertising, commercial presentations, ..). Before any reproduction you commit yourself to study the copyright notice of each Digital asset you intend to use and check the possible limitations existing regarding their use (temporal limitations, restrictions regarding the medium ...),
“Reproduction” means any form of color or black and white copying, publication, distribution or other communication to the public of the whole or part of any digital asset whether by printing, photography, slide projection (whether or not to an audience), xerography, artist's illustration, layout or presentation, or by electronic, internet, multimedia, digital or mechanical means or by any other means.
- depending on your profile, upload any file to the Media Library and delete any Digital asset of the Media Library. The uploading of Digital asset is authorized only if (i) the Digital asset is suitable for publication, and (ii) You have obtained all the necessary written authorizations agreement regarding the use and reproduction of the Digital asset (transfer of copyright, written permission of the owner of a building or of the parents of the child pictured…). Then you must indicate in the index field where these documents are physically stored. You will be liable to fully respect and declare any copyright notice or other aspects limiting the use of each Digital asset uploaded in the fields provided.
You agree that you may not:
- use the Website and the Media Library in any manner that is not permitted by this Agreement or that violates any law, regulation or statute in an applicable jurisdiction
- upload or post onto the Website and the Media Library, or use the Website and the Media Library to transfer, any work or other material or content that is libellous or slanderous or otherwise defamatory, obscene or indecent, or that is covered or protected by copyright, trademark or other intellectual property rights unless you own or control such rights or have received all necessary consents.
- upload or post onto the Website and the Media Library, or use the Website and the Media Library to transfer, any work or other material or content that contains or constitutes viruses, worms, Trojan horses or other code with malicious, disruptive and/or destructive features.
- withhold a credit attribution or fail to provide a copyright notice as required in article 2 c) except with an advance written waiver of that requirement from STÄUBLI or its third-works Suppliers.
- alter any Digital asset in your use of it without the prior written consent of STÄUBLI or its third-works Suppliers
- attempt to gain unauthorized access to any hardware or software systems or networks associated with the Website and the Media Library, or obtain any services or information not intentionally made available to you by STÄUBLI on or through the Website and the Media Library.
- attempt to gain unauthorized access to the Membership Account of any other person or entity, or otherwise interfere with any other person's or entity's use, of the Website and the Media Library.
- use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the Website and the Media Library, including, without limitation, with respect to the origin or source of any material that you upload or any identifying information for your Membership Account
- pass on to any third party any of the Digital assets stored in the Media Library.
c) Credit attributions and copyright notices
Any reproduction and/or representation of any Digital assets shall include a copyright notice and a credit attribution. Such notices shall be in substantially the following form:
- for Digital asset not owned by STÄUBLI but which used is authorized by the copyright holder:
“© name of the copyright holder, year of publication”; and eventually if known “photo credits: name of the photograph”
- for Digital asset owned by STÄUBLI or for which STÄUBLI obtained the transfer of the copyright:
“© STÄUBLI, year of publication” and eventually if known “photo credits: name of the photograph”.
In all cases the credit attribution and copyright notice shall be of such size, colour and prominence so as to be clearly and easily readable.
d) Rights of STÄUBLI
You acknowledge and agree that STÄUBLI has no obligation to review any Digital assets or other uploaded or posted onto the Website and the Media Library, and shall have no responsibility for any such Digital assets.
STÄUBLI shall have the right, in its sole discretion, to accept or deny, delete, move or edit any Digital assets uploaded or posted onto the Website and the Media Library. If you upload or post any Digital assets onto the Website and the Media Library, or any Digital assets is uploaded or posted onto the Website and the Media Library using your Membership Name or otherwise through your Membership Account, you remain solely responsible for such Digital assets.
STÄUBLI reserves the right, in its sole discretion, to change or discontinue any or all of the services on the Website at any time. You acknowledge and agree that STÄUBLI has no obligation to make, or continue to make, the Website and the Media Library available to you (whether or not such unavailability is voluntary on the part of STÄUBLI).
STÄUBLI reserves the right, in its sole discretion, to suspend or terminate your Membership Account at any time, including, without limitation, your username and password.
4. Intellectual property
All Digital assets as well as the selection and arrangement of the Media Library and the Website (hereafter “Content”) are the exclusive property of STÄUBLI INTERNATIONAL AG, its related bodies or third-works Suppliers and are protected by copyright, trademark, patent, and other intellectual property laws in effect.
You acknowledge and agree that STÄUBLI reserves all rights in and to the Content not expressly granted to you by the Agreement.
“Staubli”, the Staubli logo, slogans and all product names referenced herein are trademarks of STÄUBLI INTERNATIONAL AG or its subsidiaries, registered in Switzerland and other countries.
Any total or partial reproduction of these trademarks made without STÄUBLI’s prior written authorization is prohibited.
STÄUBLI shall not use your personal information in any way other than in connection with the operation of the Website and the Media Library, and shall keep this information confidential unless required to do otherwise by operation of applicable law.
You agree to indemnify, defend and hold harmless STÄUBLI and its affiliates, and their respective officers, directors, employees, owners, agents, representatives, licensors and (sub)licensees (collectively, “Indemnitees”) from and against all claims, expenses (including attorney fees) or other liability arising from your breach of any of your representations, warranties or obligations under this Agreement, and from any and all uses by you of the Website and the Media Library (including any uses under your Membership Account or username, whether or not authorized by you), including, without limitation, any claims or actions based on infringement or violation of intellectual property rights, libel or slander or other defamation, right of privacy or “false light”, right of publicity or blurring or distortion or alteration of any Digital assets or other material or content whether or not intentional. STÄUBLI shall have the right, in its sole discretion, to control the defense of any claim, action or matter subject to indemnification by you with counsel of its own choosing. You shall fully cooperate with STÄUBLI in the defense of any such claim, action or matter.
7. Limitations and Disclaimer
You agree that neither STÄUBLI nor its affiliates, nor any of their respective officers, directors, employees, owners, agents, representatives, third-works Suppliers and (sub) licensees (other than yourself, as applicable), shall be liable for any damages, whether direct, incidental, indirect or consequential, arising from any use by you of the Website and the Media Library, even if such parties have been advised, or advised of the possibility, of such damages.
STÄUBLI GRANTS NO RIGHTS AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OF ANY NAMES, TRADEMARKS, LOGOTYPES, COPYRIGHTED DESIGNS. IT IS YOUR RESPONSIBILITY TO ASSURE THAT ALL NECESSARY RIGHTS, CONSENTS, OR PERMISSIONS THAT MAY BE REQUIRED FOR YOUR USE OF ANY DIGITAL ASSETS ARE OBTAINED.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, STÄUBLI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE OR THE MEDIA LIBRARY, OR ANY DIGITAL ASSETS AVAILABLE ON THEM, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT OF COPYRIGHT, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS, OR FREEDOM OF ANY SERVICES, OR ANY WORKS OR OTHER MATERIALS OR CONTENT, FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE WITH MALICIOUS, DISRUPTIVE AND/OR DESTRUCTIVE FEATURES.
8. Term and Termination
a) This Agreement shall continue in perpetuity unless terminated as described below.
b) STÄUBLI at any time may terminate this Agreement in its sole discretion, including, without limitation, for breach by You of any of your representations, warranties or obligations under this Agreement, or for inactivity by You with respect to use of the Media Library.
You may at any time terminate this Agreement by logging into your Membership Account on the Website and then sending a termination request to STÄUBLI.
In the event termination is by STÄUBLI, STÄUBLI shall notify you of such termination.
Upon any termination of this Agreement your Membership Account shall be cancelled and closed and your username and password shall be deactivated.
The provisions of Sections 2, 4, 6 -10 shall survive the termination of this Agreement.
a) No waiver on the part of STÄUBLI to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of STÄUBLI to exercise any such power, right, privilege or remedy, shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy.
b) STÄUBLI shall have the right, in its sole discretion, to assign any or all of its rights or obligations under this Agreement. You shall have no right to assign any of your rights or obligations under this Agreement except as provided herein.
This Agreement shall be inure to the benefit of, and be binding upon, STÄUBLI and you, and its and your respective successors and assigns. Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than STÄUBLI and you, and its and your respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement.
c) If any term or provision of this Agreement is invalid, illegal or unenforceable, all other terms and conditions of this Agreement shall nevertheless remain in full force and effect.
d) The underlined headings contained in this Agreement are for convenience of reference only and shall not affect in any way the meaning or interpretation of this Agreement.
e) This Agreement shall be governed by and construed in accordance with the laws of Switzerland, without regard to any conflict of laws principles.
If no amicable agreement can be reached between the Parties, any dispute arising out of or relating to this Agreement will be submitted to the court of competent subject matter jurisdiction.
STÄUBLI shall have the right, in its sole discretion, to amend the terms and conditions of this Agreement, in whole or in part, at any time, and any such changes shall be effective immediately upon publication of such changes on the Website and the Media Library. Your continued use of the Website and the Media Library after the effectiveness of such changes constitutes your acknowledgement and acceptance of the terms and conditions of this Agreement, as so amended. If you do not agree to be bound by the terms and conditions of this Agreement as so amended, do not use or access the Website and the Media Library.