General Terms and Conditions (“GTC”) for the Rammstein Press Area
1. Object of the Contract
1.1 The object of this Contract is the provision of artist-related data such as photographs, images, graphics, etc. (hereinafter: “Artist-Related Data”) by Rammstein GbR (Civil Law Company) Hertzstr.63b, D-13158 Berlin (hereinafter: “Provider”) via presse.rammstein.de (hereinafter “Rammstein Press Area”) exclusively for editorial, non-commercial use within the framework of the conditions indicated in the conclusion of this Contract by you (hereinafter: “User”).
1.2. Usage requires registration under presse.rammstein.de. To register, all required information must be provided truthfully and in full. No one shall hold a claim for enrolment/registration as a User against us. We explicitly reserve the right not to register individual and/or several Users at our own discretion.
1.3 A click on button “I have read the General Terms and Conditions (GTC) and agree thereto” confirms that note has been taken of these GTC and that they have been accepted as binding. The GTC in their respective up-to-date version are retrievable at any time from the website presse.rammstein.de as a separate menu item.
1.4. Only journalists shall be entitled to register for and use the Rammstein Press Area. The User assures that all data supplied by him/her at the time of registration are true and complete. By clicking the field “I guarantee that I will use the Artist-Related Data only for editorial, non-commercial purposes as defined by the GTC” the User guarantees that they will use the Artist-Related Data only for editorial, non-commercial purposes as defined by these GTC. The User may not effect any registration for a User account in the name of another person or masquerade as any other natural person or legal entity.
1.5. Access to the Rammstein Press Area is protected by a password. Each User is responsible for the safe and confidential storage of his/her access data to the Rammstein Press Area. The User undertakes to keep his/her password a secret, not to pass it on to any third parties and also not to use the account of any third party him-/herself. The User further undertakes to inform the Provider immediately of any unauthorised use of his/her account and of any other breach of security and to alter his/her password at immediately just as soon as he has learned that third parties had or have access to his/her password. Users may contact the Provider for this purpose under the e-mail address firstname.lastname@example.org. The User is solely responsible for all activities that are undertaken via his/her User’s account. This shall also apply in the event that the access data or use of the User’s account should have been made available to a third party by the User. The Provider shall not assume liability for any losses incurred as a result of misuse of the password unless these should result from an unauthorised use of the User’s account which the Provider has itself caused through negligence.
1.6. The Provider is entitled to restrict or stop access to the Rammstein Press Area at any time and without prior notification.
1.7. The Provider enjoys the right to cancel a User without adhering to any period of notice should the latter misuse the Rammstein Press Area or violate essential obligations whilst using it or should he/her use it in a manner contrary to common decency or contravene administrative or penal provisions or violate the absolute rights of third parties. An extraordinary cancellation on the part of the Provider is also possible if:
Α The User has supplied incorrect and incomplete registration data to the Provider,
Α The User does not protect or has not protected his/her account data against access by third parties,
Α The User exploits the Artist-Related Data in a manner contrary to the contractual provisions (see in particular Section 3.2).
In the event of an extraordinary cancellation the Provider reserves the right to block the User’s account with immediate effect. Attention is explicitly drawn to Section 3.6.
5. Should the User use his/her own deviating GTC, these shall not become a component of this contract as long as the Provider had not consented thereto in writing.
2. Services of the Provider
The Provider maintains the Rammstein Press Area solely for the benefit of the press and supplies photographs for editorial use to the User free of charge according to the criteria of these GTC.
3. Rights to Editorial, Non-commercial Use
3.1. Users may only use the Artist-Related Data in order to avail themselves of the Rammstein Press Area and only in accordance with the terms and conditions of this agreement.
3.2. The User is entitled to use the Artist-Related Data retrievable from the Rammstein Press Area only for and in connection with editorial, non-commercial press reporting with topical reference about the music group “Rammstein” and/or the individual members thereof in an unchanged form in a non-exclusive and non commercial manner for a period of one year from the respective event (e.g. concert, etc.), thereby explicitly mentioning the copyright notice superimposed in the individual case (irrespective of the channels through which this is effected, e.g. via Blu-Ray-Disc, DVD, CD, CD-ROM, USB sticks, magazines, posters etc.) and/or to publicise the same (irrespective of the channels and means of transmission through which this is done, e.g. terrestrial radio equipment, satellite connections, direct satellites, telephone/mobile, fibre optics, power cables, etc.).
Any separate circulation and/or public access provision of the Artist-Related Data decoupled from the respective press reporting is excluded as a general rule, irrespective of the channels through which this is effected.
Any form of use, in particular reproduction, circulation and/or public access provision of the Artist-Related Data, irrespective of the channels through which this is effected, for example in or in connection with
social media (e.g. Instagram, Facebook, Twitter, Snapchat, Pinterest etc.), as long as this is not via respective own channels on which such editorial content is distributed,
a commercial and/or advertising environment
unauthorised books, documentations etc. (in particular biographies, etc.)
so-called “alternative media”
national socialist/Hitler/etc. and comparable political currents and/or world views
reports in which other natural or legal persons or groups of persons are insulted, slandered, discriminated, denounced, harassed, threatened or in any other way attacked,
reports which can be qualified as a means of propaganda or symbols of unconstitutional organizations in Germany and abroad, which serve the incitement of the people, which constitute instructions to commit criminal acts or contain appeals to commit criminal acts, which are deemed to glorify or trivialize violence, are discriminating, racist, right-wing radical or in any other way politically or religiously extreme, obscene, vulgar, sexually offensive of pornographic,
reports that violate the personality rights of one and/or more members of the music group Rammstein and/or the entrepreneurial personality rights of the Provider
is excluded as a general rule.
3.3. No rights of exploitation that extend beyond those listed in Section 3.2. are assigned by the Provider and all further-reaching rights remain reserved. In particular, the User enters into an undertaking towards the Provider not to cause the photographs as a whole to be exploited in any other manner (also not through the agency of third parties) than is permissible under Section 3.2. The forwarding of the photographs to third parties is not permitted.
3.4. The rights to editorial usage according to Section 3.2. refer exclusively to the Artist-Related-Data retrievable from the Rammstein Press Area. No further-reaching rights, in particular affecting the Rammstein Press Area, the database upon which it is based, the word mark “Rammstein”, the word/design mark “Rammstein logo”, the word/design mark “Rammstein lettering” and other trademarks and symbols of the Provider or the group of artists “Rammstein”, shall be assigned.
3.5. All copyrights, rights to one’s own image or exclusive usage rights regarding the service provided by the Rammstein Press Area and the contents posted by the Provider, particularly the photographs, are the entitlement of the Provider and/or its licensors. The latter reserve all rights for themselves.
3.6. In the event of an extraordinary cancellation (cf. Section 1.7.) all usage authorisations and the authorisations of Users according to the criteria of this Context shall be forfeited with immediate effect.
4. Final Provisions
4.1. No oral side agreements have been concluded. Amendments and supplements to this Contract shall require the written form. This also applies to the waiving of the written form itself (double written form requirement).
4.2. Should any provision of this Contract be or become ineffective or should the Contract be incomplete, this shall not affect the validity of the remaining contents of the same. The ineffective provision shall be deemed replaced by one that comes closest to the economic sense and purpose of the ineffective provision in a legally effective manner. The same shall apply to any contractual loopholes.
4.3. German law applies. The court of jurisdiction for all disputes in connection with this Contract is Berlin.
Berlin, May 2022