Terms & conditions for the use of the 2N Media Library and processing of personal data
The online source of 2N digital marketing assets
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 2N (HEREAFTER “We” or “Us”). PLEASE READ THIS AGREEMENT CAREFULLY AND COMPLETELY.
BY CHECKING THE “I AGREE” BOX AFTER THE FIRST LOGIN TO THE 2N MEDIA LIBRARY 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 Media Library
The Media Library is the online database of 2N Digital assets owned by 2N or by other entities having granted 2N permission to use their works (hereafter “third-works Suppliers”). The Media Library is intended for the use of Marketing-Communication activities of 2N. The access to the Media Library is reserved to authorized representatives of 2N business partners whose registration has been validated by 2N Marketing Department (hereafter “Members”).
The Media Library is owned and operated by 2N TELEKOMUNIKACE a.s.
2. Registration and Membership account
When a visitor to the Media Library requests access into the Media Library, he or she will send a request to 2N Marketing Department in order to have a unique personal Membership account created. This request consists in filing out an application form with the exact, accurate and complete information.
In case where false, inaccurate or incomplete information would be supplied, 2N 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, 2N 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. 2N may rely on the use of the Membership Account, username or password as conclusive evidence that the Member have used the Media Library.
Your Membership Account on 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 your employer or other entity associated with 2N product or 2N brand. Any other use or purpose is strictly prohibited without the prior written consent of 2N.
By this Agreement 2N 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,
- access your Membership account,
- download, use and reproduce Digital assets from the Media Library in order to fulfil marketing-communication activities on behalf of your employer or other entity (promotional actions, advertising, commercial presentations, etc). Before any reproduction of each Digital asset you commit yourself to study and check the possible limitations and restrictions existing regarding their use in 2N Corporate Identity Manual.
“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.
You agree that you may not:
- use any Digital asset in a way that suggests an association with a product or brand other than 2N
- use 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
- engage in any conduct that may impair or cause damage to the operation of this Site whether by way of a virus, corrupted file, or through any other means
- alter any Digital asset in your use of it without the prior written consent of 2N or its third-works Suppliers
- attempt to gain unauthorized access to any hardware or software systems or networks associated with the Media Library, or obtain any services or information not intentionally made available to you by 2N on or through 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 Media Library.
- use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the Media Library, including, without limitation, with respect to any identifying information for your Membership Account
- pass on to any third party any of the Digital assets stored in the Media Library.
c) Rights of 2N
- 2N 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 2N has no obligation to make, or continue to make, the Media Library available to you (whether or not such unavailability is voluntary on the part of 2N).
- 2N reserves the right, in its sole discretion, to suspend or terminate your Membership Account at any time, including, without limitation, your username and password.
- 2N reserves the right, in its sole discretion, not to make any warranty that the Media Library or any associated services will be error free, without interruption or delay, or free from defects. We will not be liable to you should the Media Library or the services supplied through the Media Library become unavailable, interrupted, restricted or delayed for any reason.
4. Intellectual property
All Digital assets as well as the selection and arrangement of the Media Library (hereafter “Content”) are the exclusive property of 2N TELEKOMUNIKACE a.s, 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 2N reserves all rights in and to the Content not expressly granted to you by the Agreement.
“2N”, the 2N logo, slogans and all product names referenced herein are trademarks of 2N TELEKOMUNIKACE a.s. or its subsidiaries, registered in the Czech Republic and other countries.
Any total or partial reproduction of these trademarks made without 2N’s prior written authorization is prohibited.
2N shall not use your personal information in any way other than in connection with the operation of 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 2N 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 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. 2N 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 2N in the defense of any such claim, action or matter.
7. Limitations and Disclaimer
You agree that neither 2N 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 Media Library, even if such parties have been advised, or advised of the possibility, of such damages.
2N 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, 2N MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO 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) 2N 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 sending a termination request to firstname.lastname@example.org.
In the event termination is by 2N, 2N 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 -19 shall survive the termination of this Agreement.
a) No waiver on the part of 2N to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of 2N 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) 2N 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, 2N 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 2N 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 the Czech Republic, 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.
2N 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 Media Library. Your continued use of 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 Media Library and/or termitnate theis Agreement pursuant to the section 8.
11. Processing of Personal Data
2N respects your rights to privacy and utilises the following practices in regards to any information we are provided or obtain about Members of this Media Library in strict accordance with applicable legislation.
In order to provide the Media Library service to you, 2N may require you to provide certain information to 2N. Common items may include, but are not limited to, your first name, last name, sreen name, company, country, e-mail, password and security question with your answer.