General
This is an agreement between you and Marimekko Corporation (hereinafter "Marimekko") regarding the use of the Marimekko® media bank (hereinafter the "Media Bank").
The images, videos and other digital materials appearing in the Media Bank (hereinafter collectively "Media Bank Material") are only being made available for the permitted purposes of use defined below. To use any of the Media Bank Material you must register with Marimekko at the registration site found at the address http://mediabank.marimekko.fi/login/RegisterMarimekko.aspx?l=EN.
You must complete the registration process by providing Marimekko with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account and for ensuring the accuracy at all times of the registration information provided by you to Marimekko. Furthermore, you may not let anyone else use your account and you are entirely responsible for any and all activities that occur under your account. You agree to notify Marimekko immediately of any unauthorized use of your account or any other breach of security. Marimekko will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Marimekko or a third party due to someone else using your account or password. You may not use anyone else’s account, without the prior written permission of Marimekko.
By registering as a user and using the Media Bank you are deemed to have read and accepted these Terms of Use and Royalty-Free License Agreement (hereinafter the "Agreement"). If you do not accept this Agreement or any part of thereof, you shall not register for, enter or use the Media Bank. Marimekko reserves the right to terminate your access to the Media Bank at any time, without notice, in case of breach of this Agreement by you or for any other reason deemed justified by Marimekko.
This Agreement does not alter, diminish or otherwise amend the validity of other terms and conditions applicable to Marimekko's other websites or extranet, and when using those services you must always comply with the terms and conditions of use of such services.
Marimekko may change the terms of this Agreement at any time by posting changes online. Please review the terms of this Agreement regularly (when using the Image Bank) to ensure you are aware of any changes made by Marimekko. Your continued use of the Image Bank after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
All rights to the Media Bank Material and to any other material provided by Marimekko through other media are owned by Marimekko or third parties - in this context, media should be understood in the broadest sense including, without limitation, brochures and other publications, exhibitions, CD-ROMs and the Internet. When registering as a user of the Media Bank, you will be granted a non-exclusive and non-transferable right to use the Media Bank Material, but your right to use the Media Bank Material is limited by the terms of this Agreement. All trademarks and logos identifying Marimekko or its products, or third parties and their products are subject to copyright, design rights, trademarks and other possible intellectual property rights of Marimekko and/or third parties. The only rights granted by this Agreement is the right to use the Media Bank Material in accordance with this Agreement and nothing contained herein shall be construed as a grant by implication or otherwise of any licence or right to use any trademark, patent, design right or copyright of Marimekko or any third party.
Marimekko may amend the terms of this Agreement at any time by posting an amended version of this Agreement online. Hence, please review the terms of this Agreement regularly (when using the Media Bank) to ensure you are aware of any amendments made by Marimekko. The fact that you continue the use of the Media Bank Material also after Marimekko’s amendment of this Agreement means you agree to be legally bound by this Agreement as amended.
Use of the Media Bank Material
The right to use the Media Bank Material is in all cases granted only provided that: (a) the below copyright notice appears in all copies when Media Bank Material is published or otherwise used, (b) the Media Bank Material is used only in accordance with this Agreement and Media Bank Material will not be copied or posted on any network computer, and (c) no modifications, amendments, alternations or changes to any Media Bank Material are made. The use of Media Bank Material for any other purpose than those expressly permitted herein is expressly prohibited by law, and may result in severe civil and criminal penalties.
Permitted use of the Media Bank Material
The Media Bank Materials may be used in printed materials and electronic media (a) by Marimekko's dealers and other authorized partners solely for the purpose of selling, marketing, advertising or otherwise promoting Marimekko and its products, and (b) by the representatives of press and media solely for editorial purposes in connection with articles and publications regarding Marimekko (however, in all cases excluding any use in a defamatory, slanderous or otherwise libellous manner).
Permitted formats: in most print formats such as newspapers, magazines and other such publications, reports, books, brochures, catalogues, and other advertising / promotional materials and with respect to electronic media in most electronic and digital formats such as websites, television, video and multimedia products.
No other uses of any Media Bank Material than the once specified above in (a) and (b) are permitted under this Agreement. Marimekko reserved the right to give further instructions, limitations and orders regarding the Permitted use of the Media Bank Material.
Prohibited use of the Media Bank Material
Under this Agreement it is strictly forbidden and unauthorized to
No Warranty. Limitation of Liabilities
Marimekko and/or its respective suppliers make no representations about the suitability of the Media Bank Material for any purpose. All Media Bank Material is provided "as is" without warranty of any kind. Marimekko and/or its respective suppliers hereby disclaim all warranties and liability with regard to Media Bank Material, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall Marimekko and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the services.
Indemnification
You agree to indemnify and hold Marimekko (and its employees, directors, partners and suppliers) harmless against any damage or liability of any kind arising from any use of Media Bank Material other than the permitted use described above. When using Media Bank Material you agree to act in accordance with any applicable laws and regulations.
Miscellaneous
This agreement shall be interpreted in accordance with the laws of Finland without reference to the conflict of law rules. Any and all claims shall be litigated in the city of Helsinki, in Finland.
Copyright Notice
Copyright © Marimekko Corporation, Puusepänkatu 4, 00880 Helsinki, Finland. All rights reserved.
Any rights not expressly granted herein are reserved.