Terms & Conditions
Musto Media Library Terms & Conditions
1. GENERAL
1.1 These Terms & Conditions regulate the use of the Musto Media Library, which you can find online at http://media.musto.com. From here, the Media Library will be referred to as the 'Online Media Library'.
1.2 Please read these Terms & Conditions carefully before you start to use the Online Media Library. Your use or access of the Online Media Library is taken as acceptance of these Terms & Conditions. If you do not agree to these Terms & Conditions, you are forbidden to use the Online Media Library and must leave the archive immediately.
1.3 You must also make sure that anyone accessing the Online Media Library through your internet connection or computer is aware of these Terms & Conditions. Their compliance is your responsibility.
1.4 Please keep in mind that these Terms & Conditions may be updated by Musto without notice. We recommend that you periodically check the Terms & Conditions that are in force as they are binding on you.
2. ACCESSING THE ONLINE MEDIA LIBRARY
2.1 Access to our Online Media Library is permitted on a temporary basis and we reserve the right to withdraw or amend the Online Media Library without notice. We will not be liable if for any reason our Online Media Library is unavailable at any time or for any period.
2.2 From time to time, we may restrict access to some parts of our Online Media Library.
2.3 Where you register to use our Online Media Library with a username and password, you must treat such information as confidential. You must not disclose it to any third party.
2.4 We reserve the right to disable any username or password at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms & Conditions.
3. TERMS OF USE
3.1 You may download and print content from the Online Media Library provided that:
3.1.1 It is used only to promote the Musto brand and Musto products. Images must only be used for Point Of Sale, Internet, PR, Trade Exhibitions, Conferences, Sports Marketing, Trade and Specialist Advertising.
3.1.2 You do not use any content to create or add to any online photo archive or photo gallery.
3.1.3 You do not use graphics, videos and/or images independently of their original accompanying text.
3.1.4 The Musto copyright appears in all copies of content originally accessed from the Online Media Library. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
3.1.5 You do not modify in the documents, graphics, names, logos, symbols, trademarks (registered or unregistered) or any other content that you access from the Online Media Library.
3.1.6 The content is not used in or distributed to the USA.
3.1.7 All usage agreements are complied with.
3.2 Apart from as is defined in these Terms & Conditions, no content from the Online Media Library or portion of its content may be used, copied, transmitted, reproduced, republished, downloaded, used, linked to, sub-licensed, sold, used for other photographic concepts or illustrations, lent, hired or made available without prior consent from Musto in writing.
3.3 Permission to use the Online Media Library is granted on the condition that you agree to use it responsibly and in accordance with these Terms & Conditions. Using the Online Media Library or its content in any way that is unlawful or defamatory is prohibited.
3.4 Please be aware of the expiry date for the use of each image. You will be liable for any use of the images beyond the expiry date and Musto reserves the right to re-charge to you all costs associated with use of an image beyond its expiry date. Please feel free to contact info@musto.com if you are unsure.
3.5 If you breach this clause (clause 3) your right to use the Online Media Library will cease immediately and you must destroy all downloaded and printed content that you have previously obtained from the Online Media Library (including any copies you have made).
4. NO HYPERLINKS
You may not create any hyperlinks to or from the Online Media Library without written consent from Musto and must not suggest association with or endorsement or approval from Musto. Musto retains the right to withdraw linking permission without notice.
5. OWNERSHIP OF THE ONLINE MEDIA LIBRARY AND INTELLECTUAL PROPERTY
5.1 The Online Media Library is owned and operated by Musto.
5.2 All intellectual property rights in the content displayed in the Online Media Library (including, but not limited to, text, graphics, photographs, images, illustrations, sound, names, logos, symbols and trademarks (registered or unregistered), design, coding, layout and appearance) is owned by Musto, its licensors and/or its providers and will remain so unless otherwise agreed. All such rights are reserved.
5.4 Musto reserves the right to make changes to the Online Media Library at any time. That includes suspending access or closing the Online Media Library permanently.
6. DISCLAIMER
6.1 The content contained in the Online Media Library is provided to you without external conditions, warranties or other terms of any kind, as far as the law permits.
6.2 Musto will always try to make sure that the content in the Online Media Library is correct, but cannot guarantee accuracy and completeness. Any of the material on our Online Media Library may be out of date at any given time, and we are under no obligation to update such material.
6.3 Any website or company linked to or listed in the Online Media Library, or on the website that hosts the Online Media Library, is provided for reference only. It is not controlled by Musto and Musto will not be responsible for external content or any loss suffered by you in relation to your use of third party websites or companies. You agree to waive all claims you may have against Musto arising from the inclusion of links to third party websites or companies and your use of their services.
6.4 We do not guarantee that our Online Media Library will be secure or free from bugs or viruses. It is your responsibility to take all necessary security precautions while accessing the Online Media Library. That includes using your own virus protection software.
6.5 You must not misuse our Online Media Library by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Online Media Library, the server on which our Online Media Library is stored or any server, computer or database connected to our site. You must not attack our Online Media Library via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Online Media Library will cease immediately.
7. TERMINATION OF USE
Musto reserves the right to suspend or terminate your access to and/or use of the Online Media Library and its content without notice.
8. LIABILITY
8.1 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied;
- Any liability for any direct, indirect or consequential loss or damage whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, incurred by you or any third party arising under or in connection with use of, or inability to use our Online Media Library or any content displayed on it, including:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of reputation;
- loss of anticipated savings;
- loss of data;
- loss of goodwill; or
- wasted management or office time.
8.2 Nothing in these Terms & Conditions affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
9. INDEMNIFICATION
You agree to indemnify Musto as well as its subsidiaries, affiliates and licensors against any losses, expenses, costs or damages incurred by breaching these Terms & Conditions or by using the content of the Online Media Library without permission.
10. YOUR PRIVACY
We process information about you in accordance with our Privacy Policy at https://www.musto.com/en_GB/privacy-policy.html. By using our Online Media Library, you consent to such processing and you warrant that all data provided by you is accurate.
11. LEGAL PROVISIONS
11.1 These Terms & Conditions represent the complete agreement between you and Musto. They override all previous agreements, whether written or oral, relating to your use of the Online Media Library.
11.2 If any of the provisions of these Terms & Conditions are found to be invalid or unenforceable it will not affect the validity of the remaining provisions, which will remain in full force.
11.3 These Terms & Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law, and the English courts shall have exclusive jurisdiction in respect of any such dispute or claim.
I agree to use the images and material available on the Online Media Library responsibly and in accordance with Musto's guidelines and directions and understand that I will be liable for any misuse of material which I have downloaded from this site.