Terms of Use for the Digital Asset Management System (DAMS) of ADA Cosmetics International GmbH

1.1 These Terms of Use govern the use of the Digital Asset Management System (hereinafter referred to as the “DAMS”) of ADA Cosmetics International GmbH (hereinafter “ADA”). By using the DAMS, you — the “USER” — agree to these Terms of Use. The purpose of these Terms is to clearly define the rights and obligations of users as well as ADA’s responsibilities.

1.2 These Terms of Use apply to all data made available for download on the website https://cosmedia.ada-cosmetics.com (“DAMS”). The website and DAMS provided by ADA are intended exclusively for our internal and external users — in particular, media representatives and press departments — for internal use and product presentation purposes. Access to the DAMS requires registration with a username and password.

1.3 The data includes, in particular, product images, photos, displays, logos, catalogues, brochures, and presentations by ADA. Both the data and the depicted items are protected by copyright. The scope and content of the DAMS are at ADA’s sole discretion and may be changed at any time.

1.4 ADA grants users a right to use the DAMS and its data in accordance with these Terms of Use. ADA also informs users regularly about updates to the DAMS via news feeds. This service may be discontinued by ADA at any time and can be revoked by the USER at any time.

1.5 The right of use entitles each USER to access and utilize a volume of data as defined by ADA in accordance with these Terms of Use.

• DAMS: The Digital Asset Management System operated by ADA, used for managing, storing, and distributing digital materials.
  
  
• USER: Any person using the DAMS, including internal employees of ADA and external users authorized by ADA.
  
  
• Digital Materials: All digital content available within the DAMS, including but not limited to presentations, images, logos, videos, documents, and other files.
  
  

ADA Cosmetics International GmbH, Rastatter Straße 2A, 77694 Kehl, Germany, Email: info@ada-international.com, provides USERS with the opportunity to download (“Download”) images of our products and other content from the DAMS (“Data”) for the purposes set out below. For this purpose, ADA grants you a right of use to this system and its data in accordance with these Terms of Use.

Please read these Terms of Use carefully before downloading any data.

3.1 ADA offers USERS the right to download and use data in accordance with these Terms of Use. By registering for the image database, the USER accepts this offer, thereby entering into a contractual relationship with ADA which entitles the USER to use the image database and data in accordance with Section 4.

3.2 The USER must provide accurate and truthful information upon registration and keep it up to date. Updates must be communicated to ADA in written form. The USER must not share their username, password, or account with third parties and must protect them from unauthorized access.

3.3 This agreement is concluded for an indefinite period. The USER may terminate it at any time without notice. ADA may terminate it with two weeks’ written notice.

3.4 ADA reserves the right to amend these Terms of Use with reasonable advance notice. Changes will be announced on the website. Amendments shall be deemed accepted unless the USER objects in writing within four weeks. ADA will inform the USER of this right of objection in the notice. Downloads made after the expiry of the objection period are subject to the amended Terms; previous downloads remain governed by the prior Terms.

4.1 ADA grants the USER a free, non-exclusive, non-transferable, and non-sublicensable right to use the image database and its data. The right of use permits utilization of the data for the purposes of advertising, product information, illustration, sales promotion, training, business mediation, and editorial or other business purposes related to ADA and/or its products, specifically including:

1. The right to download the data, including related reproductions.
2. The right to reproduce, distribute, and make the data publicly accessible.
3. The right to make minor factual edits or modifications to the data.

The use of images from ADA’s image database is permitted exclusively for advertising purposes for ADA products and/or in the context of editorial reporting about ADA. Images may be stored, reproduced, distributed, and made publicly accessible for these purposes. Any modification of images is not permitted.

4.2 The right of use is limited to three years from the date of download. Geographically, the right is restricted to Germany. ADA reserves the right to object to the granted right of use; in such case, ADA will notify the USER in writing, and the USER must immediately cease all affected use.

4.3 Any use of the data beyond the defined scope in Section 4.1, or in a manner that exploits or harms ADA’s reputation or violates applicable law, is strictly prohibited. In cases of doubt, prior written consent from ADA must be obtained.

4.4 USERS are prohibited from using digital materials for illegal purposes or reproducing, distributing, altering, or otherwise using them beyond the authorized scope without ADA’s explicit permission.

4.5 ADA reserves the right to restrict or block access to the DAMS at any time without stating reasons, particularly in cases of suspected violation of these Terms.

4.6 External USERS may use the DAMS only within the conditions set by ADA. Any sharing of login credentials with third parties is strictly prohibited.

4.7 ADA reserves the right to revoke the right of use partially or temporarily for cause. This does not affect the termination rights under Section 3.3.

5.1 USERS agree to use digital materials only in compliance with applicable intellectual property laws. ADA accepts no liability for any infringement of third-party rights resulting from the USER’s use of the materials.

5.2 ADA does not guarantee uninterrupted operation or constant availability of the image database. ADA assumes no liability for the accuracy, quality, or completeness of the image database or the usability of the data for permitted purposes. ADA is not liable for any infringement of personal, copyright, or similar rights of third parties arising from the use of the database or its data.

5.3 The exclusion of liability under Section 5.2 does not apply in cases of intent or gross negligence, fraudulent concealment, product liability claims, or negligent injury to life, body, or health.

5.4 If ADA is held liable by third parties, courts, or authorities due to the USER’s culpable conduct — in particular, due to a breach of these Terms — the USER shall indemnify ADA against all such claims and bear the costs of legal defense.

6.1 ADA collects and processes users’ personal data in accordance with applicable data protection laws, in particular the GDPR. Further information can be found in ADA’s Privacy Policy, which forms an integral part of these Terms.

6.2 The data collected is used solely for providing and improving the DAMS and for fulfilling legal obligations.

6.3 ADA undertakes to implement appropriate technical and organizational measures to ensure the security of data stored in the DAMS and to protect it from unauthorized access, loss, or destruction.

6.4 USERS have the right to access, correct, delete, or restrict the processing of their personal data. Requests should be addressed to ADA’s Data Protection Officer, whose contact details are provided in the Privacy Policy referenced in Section 6.1.

7.1 ADA reserves the right to amend these Terms of Use at any time. Users will be informed of such changes in a timely manner. Continued use of the DAMS after the amendments take effect constitutes acceptance of the revised Terms.

7.2 USERS who do not agree with the changes have the right to object and discontinue their use of the DAMS.

8.1 Severability Clause: Should any provision of these Terms be invalid or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid one that most closely reflects the economic intent of the invalid clause.

8.2 Applicable Law: These Terms of Use are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

8.3 Jurisdiction: The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms shall be the registered office of ADA, provided that the USER is a merchant, a legal entity under public law, or a special fund under public law.

8.4 Contract Language: The contract language is German. In the event of discrepancies between the German version of these Terms and any translation, the German version shall prevail.

ADA Cosmetics International GmbH
Rastatter Straße 2A
77694 Kehl, Germany
Phone: +49 (0) 7853 898 0
Email: info@ada-cosmetics.com