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Terms of Use Unite Brand Hub

Please read these terms and conditions ("Terms") carefully prior to accessing and using the digital brand hub ("Brand Hub") at https://brand.unite.eu/ as they contain important information about your rights and obligations.

If you do not accept these Terms you are not permitted to access the public section of the Brand Hub and, in case this is applicable to you, you will also not be able to complete the registration process for the log-in protected section of the Brand Hub. In case a link to a specific Brand Hub asset has been shared with you, you will be denied access to the shared content if you do not accept these Terms.

1 General Information

1.1 The Brand Hub is operated by Unite Network SE, Leipzig, Germany ("Unite"). Unite agrees to permit you to use the Brand Hub and the content available at the Brand Hub subject to your strict compliance with these Terms at all times.

1.2. These Terms apply to all users of the Brand Hub  and govern the way in which you are authorised to use any of Unite brand assets (as defined below) or any other materials available on the Brand Hub, for the creation and production of collateral and to promote Unite´s business(es) as instructed by Unite and/ or its affiliate(s).

2 Defined Terms

In addition to terms which are defined throughout these Terms, the following definitions shall apply:

2.1. Any references to “we”/”us”/”our”/”Unite” in these Terms are to Unite Network SE, Leipzig, Germany and their affiliates.

2.2 References to “you”/”your”/”the Licensee”/”User” are to you as authorised user of the Brand Hub and Unite brand assets (defined below).

2.3 "Unite Brand Assets" means all logos, trade marks (whether registered or unregistered), brands, images, guidelines, film clips (and all parts thereof), advertisings material, and any other materials, documents, know-how, business information or other information and materials which are otherwise available at the Brand Hub (whether for download or otherwise) in which Unite owns intellectual property rights, copyrights or any other rights and which may be provided to you pursuant to these Terms.

2.4 "Unite Contact" means your contact within Unite.

3 Ownership

3.1 All Unite Brand Assets, unless marked otherwise, are the property of Unite. Where applicable, all material is subject to copyright protection.

3.2 Use of Unite Brand Assets is only permitted and limited to fulfill your obligations under an agreement with Unite and must always comply with our brand guidelines and brand foundations and any related design guidelines as described and regularly updated on the Brand Hub (“Brand Guidelines”). If you are making use of the share functionality it is your responsibility that the recipient of the share link complies with the Brand Guidelines.

3.3 If you are accessing Unite Brand Assets via a share link if any, you must ensure with the sharer that your use is in line with Unite´s Brand Guidelines.

3.4 You will not make any representation or do any act which may indicate that you have any right, title or interest in or to the ownership or use of the resources except as provided for under these Terms or an agreement with Unite and acknowledge that nothing in such agreement or these Terms shall give you any right, title or interest in or to the Unite Brand Assets save as expressly granted to you via such agreement or Terms.

4 Licenses

4.1 Unite grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable license and at our sole discretion at any time revocable right to use Unite Brand Assets to fulfill your obligations under an agreement with Unite or one of their third party service providers if an agreement with Unite requires this.

4.2 You are permitted to download and reproduce Unite Brand Assets from the Brand Hub, provided that:

  • no related graphics, names, logos, symbols, trademarks or any other part of any Unite Brand Assets is modified in any way without permission from Unite;

  • the resources are not altered in any way and shall not be used in a manner that might lead to confusion about the relation of Unite with you or with any other company;

  • you comply the with Brand Guidelines, seeking approval, guidance or permission where prompted;

  • all Unite Brand Assets that you download are not reassigned or sublicensed;

  • where provided, for example in the metadata associated with an image, mandatory credits for photographers and their agencies must be included; and

  • you ensure that the Unite Brand Assets are not used in any way that can be deemed unsuitable or inappropriate for Unite.

You are responsible for ensuring usage complies with these restrictions, even when material is delivered or distributed to a third party.

5 Safeguarding login-credentials and share link

5.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password you choose for use of the log-in protected section of the Brand Hub. You may not share the password or username with or transfer them to any third parties. You must notify your Unite Contact immediately of any unauthorised use of them or any other breach of security regarding the Brand Hub that comes to your attention.

5.2 Alternatively, and instead of registering for access to the log-in protected section of the Brand Hub, a registered Brand Hub user may be granting you access to specific Unite Brand Assets via a share link if any. This share link is personal to you and must not be shared with anyone.

6 Use of Unite Brand Assets; deliverables and confidentiality

6.1 All use of Unite Brand Assets by you shall be for the benefit of Unite.

6.2 If requested by Unite, whenever Unite Brand Assets are used by you the use shall be accompanied by wording to show that the copyright, trademarks, logos and all other rights in the Unite Brand Assets are owned by Unite and are used by you under licence with the permission of Unite. The terms of such wording, its size and its placing shall be as reasonably requested by Unite .You will use the Unite Brand Assets solely in the form stipulated by Unite.

6.3 You will strictly and at all times comply with Unite´s Brand Guidelines and directions given to you by Unite as to the positioning, colours and size of the representation of the Unite Brand Assets and the way in which they are used.

6.4 You will keep confidential any information supplied to you which Unite as being confidential at the time it is being supplied or which could reasonably be deemed confidential (“Confidential Information”). In particular, all Brand Guidelines available in the log-in protected section of the Brand Hub are considered Confidential Information. You will only make use of and disclose such information as expressly permitted by Unite. You agree and acknowledge that you (a) will not, directly or indirectly, divulge, furnish, use, publish, or make accessible to any person or entity any of our Confidential Information; and (b) will use our Confidential Information solely for the purpose of fulfilling an obligation pursuant to an agreement with Unite.

6.5 In the course of fulfilling an obligation under an agreement with Unite, you may produce certain materials, either in written or digital form, as deliverables (“Deliverables”). All Deliverables constitute Confidential Information and, to the extent legally possible, property of Unite and must – unless otherwise agreed upon – be transmitted or delivered directly to Unite.

6.6 If requested by Unite, you will submit designs for all materials, documents or other goods using or including the Unite Brand Assets, to Unite for approval as to the manner and the context of the intended use of the Unite Brand Assets and shall not make use of any such designs, materials, documents or other goods until they have been approved by Unite. You shall however be responsible for ensuring that all other requirements relating to advertising, marketing and other such matters are complied with. You will not use Unite Brand Assets or any confusingly similar mark as part of any corporate business or trading name or style of your or any of your clients’ business and shall not seek to register any domain name, company name or trade mark incorporating any trade mark or name owned by Unite (whether registered or unregistered) without approval from Unite.

7 Infringements

7.1 You agree to notify Unite as soon as you become aware of use or proposed use by any other person, firm or company of trade mark, logo, trade name, trade dress, mode of promotion or advertising, materials or documents amounting to or possibly amounting to infringement of Unite´s rights in relation to the Unite Brand Assets. Such infringements include where a third party’s use of a trademark, logo, trade name, trade dress, mode of promotion or advertising, materials or documents could be mistaken as being those of Unite (where they have not been authorised by Unite).

7.2 If you become aware that any other person, firm or company alleges (i) that use of Unite Brand Assets infringes any rights of another party; or (ii) in the case of registered trademarks owned by Unite, that they are subject to invalidity or revocation or are otherwise attackable, you shall immediately inform Unite.

8 Liability

8.1 The Brand Hub has been developed as a service of Unite. Like any other service and despite our best efforts the information in the Brand Hub may become out of date over time. Unite therefore accepts no liability for the accuracy or completeness or use of, nor any liability to update, the information contained on the Brand Hub.

8.2 Irrespective of the above, Unite shall be liable without limitation for any loss arising from death or personal injury resulting from any breach of its obligations by Unite´s legal representatives or vicarious agents.

8.3 Furthermore, Unite will also be liable for any other loss resulting from intentional or grossly negligent breach of obligations by Unite or its legal representatives or vicarious agents.

8.4 In the case of other loss attributable to ordinary negligence, Unite shall be liable if it has infringed a material contractual obligation; however, its liability will be limited to the loss foreseeable at the time when this agreement was concluded and that is typical given the nature of the agreement, i.e. no more that €5 million per case. Material contractual obligations are obligations whose performance is essential for the proper execution of a contract, on whose performance the damaged pary may reasonably rely, and the breach of which will jeopardise the achievement of the contractual purpose.

9 Indemnity

9.1 The User agrees to indemnify Unite against all legitimate claims asserted by other third parties against Unite due to a culpable infringement of legal, contractual stipulations and/or due to other culpable conduct by the User relating to the use of the Brand Hub or Unite Brand Assets.

9.2 In particular, indemnity shall cover the services to be rendered by Unite to Third Parties such as compensation for loss, penalties due to breaches of cease-and-desist declarations or declarations of commitment subject to contractual penalty, or fines, and the expenses incurred by Unite in connection with such claims, such as costs incurred for the appropriate protection of their rights.

9.3 This indemnity applies to the same extent to the executives, board members, employees, legal representatives and deputies of Unite.

9.4 Claims arising therefrom shall become time-barred in accordance with the statutory limitation periods, starting at the end of the calendar year in which the claims were asserted against the creditor of the indemnity claim.

10 Termination

10.1 Unite reserves the right to suspend or terminate your access to the Brand Hub as a whole or in parts including deactivating share links without notice to you in its absolute discretion. Termination will not affect any obligation or rights of the parties arising before the date of termination.

10.2 Your rights under these Terms will terminate automatically without prior notice from Unite if you fail to comply with any term(s) of these Terms.

11 Amendment of these Terms of Use

Unite may alter these Terms from time to time and post new versions on the Brand Hub, following which all use of the Brand Hub and Unite Brand Assets will be governed by that version. You must check the Brand Hub regularly to review the latest Terms.

12 Governing law, jurisdiction

12.1 These Terms of Use shall be governed by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

12.2 The exclusive place of jurisdiction for all disputes arising between Unite and the User shall be the location where Unite is registered if the User is a business entity, a legal entity under public law or a special fund under public law.

12.3 Notwithstanding the previous provision, Unite shall be entitled to take legal action at any other legally permissible common place of jurisdiction.

Last updated: 08/2022