GTC and Terms of Use

amberspice
Austrasse 41
8045 Zürich/Schweiz
Manager: Tobias Grendelmeier

General terms of business and use

1.    Validity of the contract terms
amberspice (Provider) offers its services exclusively on the basis of the following terms of business. Any general terms of business of the client are herewith opposed, they shall have no validity.
Information on internet pages, in prospectuses, inserts, catalogues, etc. shall not be binding; prices shall be non-binding.
An agreement between amberspice and the client on the basis of these GTC and terms of use which constitute an integral part of that agreement shall take effect only upon written or electronic order confirmation by amberspice (e-mail is sufficient). By a mouse-click, the Client expressly acknowledges the general terms of business and use. Any amendments or supplements to these general terms of business and use shall be valid only if approved by amberspice expressly in writing or electronically (e-mail is sufficient).

2.    Prices and payment terms
All indicated prices are inclusive of any statutory charges. It is amberspice's responsibility to pay over the statutory charges owing.
The price must always be paid in advance through PayPal or by credit card.
Delivery deadlines shall be valid only upon prior written or electronic (email is sufficient) agreement. The delivery time shall be adequately extended in the case of measures taken as a result of work stoppages (e.g. strike, lock-out, etc.), statutory directives and/or directives of the authorities (e.g. import, export limitations etc.) or force majeure. The buyer shall have the right to terminate the agreement in the event of default by amberspice after providing an adequate grace period by written notice. Damage compensation claims extending beyond are excluded, to the extent amberspice does not commit gross negligence or act purposefully.
As a rule, all digital media data (see hereinafter clause 6.a) of amberspice is available for download at all times. Should the download of ordered media data not be possible in exceptional circumstances or if the corresponding digital media data (see hereinafter clause 6.a) has been removed from the offer range, the Client shall be immediately informed in writing or electronically (email is sufficient).
The current prices may be viewed on the website of amberspice. The corresponding compilations feature the current prices. With the new price indications (activation on amberspice’s website), all previous price indications lose their validity.

3.    Right of return
There is no right of return in the case of digital media data (see hereinafter clause 6.a), which has been acquired by download.

4.    Retention of title
amberspice shall remain the owner of the digital media data until full payment of all claims including ancillary claims (see hereinafter clause 6.a). To the extent that and for so long as the client does not effect full payment, no licence shall be granted within the meaning of the following terms of use. This licence shall take effect only after full payment has been made.

5.    Data protection
amberspice processes client data exclusively for the purposes of carrying out the order and attending to ongoing client relationships. Service providers or banks involved shall obtain client data only if and to the extent necessary to carry out the order. Any transfer of address data of the client to third parties is excluded. amberspice shall handle all client data with the strictest confidentiality.

6.    Terms of use
With the download of digital media data (see hereinafter clause 6.a) the Client/user acknowledges the validity of the following terms.
Where the Client enters into this agreement on behalf/on the basis of instructions of his employer/principal, the validity of this agreement shall extend to such employer/principal as well as the Client and its representatives. If the Client is no longer in a contractual relationship with the relevant employer/principal, the employer/principal shall continue to be entitled to use the digital media data acquired under this agreement through download (see hereinafter clause 6.a), and must continue to comply with the obligations under this agreement.
Definition
Digital media data includes any textures, 3D models, images, animations, movie-clips, programs, videos, audio-files or other digital or visual recordings and/or presentations in any form, which a client acquires from amberspice gratuitously through download for use pursuant to the provisions hereinafter.

Granting of licence
With the gratuitous download of the digital media data, the Client shall receive a non-exclusive licence to install the digital media data in accordance with the following indications and conditions.

Licence
The digital media data may be incorporated into derived works such as animations, visualisations, film, video, TV, multimedia, advertising, live performances, internet, presentations, product or print jobs (DVD, entertainment and training videos, music videos, computer games etc.) without additional cost and without any limitations except for those expressly set out below.
The limitations on use are as follows:
No digital media data may be published, marketed, distributed, transferred, sold or relicensed, in full or in the form of extracts (that stand on their own).
No digital media data may be used as an integral part of computer graphics, animations, software applications or other derived works if the digital media data is published, marketed, distributed, transferred, sold or relicensed in full or in form of extracts so as to enable each part of the original digital media data to be exported, extracted or decompiled.
No digital media data may be published, marketed, distributed, transferred, sold or relicensed in full or in the form of extracts (that stand on their own) as a Clip Art file or a comparable format. This includes animations, images and the like, which are relicensed or otherwise distributed by a special agency/a special trader of that type of visual and audio media and whose main value is justified by the fact that it is made available in a form and manner which is similar to a Clip Art file.

Single licence
The digital media data may at any given time only be used on a computer in a modified or unmodified form. The Client may not rent, lease, sell or relicense the digital media data to other persons, companies or corporate bodies. Everything created using the digital media data must be intended for the own use of the client or the use of the employer/principal, client or customer, who is the end user of the client’s work.


Special limitations
The digital media data may not under any circumstance be used in connection with pornographic applications, applications which glorify violence, defamatory, obscene, libellous, deceptive, harmful, immoral or illegal applications. The Client or user shall be fully responsible for any legal consequences arising from such non conforming or illegal use.

Copyrights
All the copyrights for the digital media data belong to amberspice and are protected under the Swiss Copyright Act (URG), international copyright acts and conventions and other relevant statutory provisions. The Client shall not acquire any copyrights or other intellectual property rights with the download. amberspice owns all the rights in the digital media data which are not expressly granted to the client under this agreement.

Liability
amberspice shall accept no liability for direct or indirect damages no for consequential damages or penal sanctions (including and without limitation the damage resulting from loss of earnings, business interruptions, loss of business information or any other pecuniary damage) which result from the successful or failed use of the digital media data.

Breach of contract
The Client/user herewith declares he agrees to hold amberspice harmless from redress and damage compensation claims and to compensate for those damages and liabilities which arise in any form out of the use of the digital media data, particularly – but not exclusively – out of the violation of these GTC and terms of use or of statutory provisions of any kind.

Guarantee
amberspice guarantees that the digital media data is free from defects and, in the case of prior written or electronic (email is sufficient) agreement to deliver it on a data carrier, that these are free from defects and that in any event, the intended functionality shall be warranted. The Client is solely and exclusively entitled, in the case of breach of this guarantee, to request compensation for the defective digital media data. amberspice may in such case also opt for the reimbursement of the purchase price but is not obliged to do so. amberspice shall not make any guarantees or assurances in respect of the digital media data extending beyond the above, and any anticipated inherent guarantees concerning the marketability, suitability for a specific purpose, rights of possession/use or protection against legal breach are herewith denied.

Supplements and amendments
amberspice reserves the right to supplement or amend this agreement at any time.

Severability clause
If any part of this agreement should be invalid or unenforceable or lose its legal validity or enforceability due to a subsequent circumstance or reveal a gap, this shall not affect the validity of the other parts of the agreement which shall continue to be valid and enforceable pursuant to their wording. Instead of the inoperative contract provision or in order to fill the gap, an adequate rule should apply which approximates as closely as possible the intent of the contract parties insofar as they considered the issue.

Applicable law and jurisdiction
This agreement is governed by Swiss law with the exception of the Vienna Sale of Goods Act. The courts of Zurich shall have jurisdiction.


amberspice
Birmensdorferstrasse 285
8055 Zürich/Schweiz
Manager: Tobias Grendelmeier


Status 3 March 2010

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Legal notice


amberspice
Birmensdorferstrasse 285
8055 Zürich/Schweiz
Manager: Tobias Grendelmeier



Disclaimer

Data protection
If you provide personal data over the web contact, it will be saved and processed in accordance with Swiss data protection provisions.

Copyright and trademark rights
Texts, images, graphics, sound, animation and videos as well as their arrangement on the amberspice website are subject to copyright protection and other protection rights. The reproduction, transfer, modification or link up of contents of the website without the written consent of amberspice is thus prohibited. The download or print-out of individual pages is permitted for personal use only.

Exclusion of liability and Cookies
This website contains information on amberspice and its services and products. All the contents of this website were created with great care. Thus it cannot completely be excluded that the information made available will be out-of-date, incomplete or inaccurate. amberspice cannot accept any liability or warranty for the currentness, the completeness or the accuracy of the information.When you activate certain links on the amberspice website, in certain circumstances you will leave the amberspice website. amberspice shall accept no responsibility for the contents, offers and services of the linked websites.amberspice uses Cookies. A Cookie is a clear text data which is deposited on your hard disk by a website. Cookies do not damage your computer nor do they contain any viruses. You may at all times disable the use of Cookies in your browser configuration.

Involvement of Google Analytics and Google Conversion Tracking
The amberspice website uses Google Analytics, a web analytics service of Google Inc. which enables an analysis of how the website is used. The information obtained by installing Google Analytics on the use you make of this website (including your IP address) is transferred to a server of Google Inc. in the USA and stored there. Google shall only use such information to analyse the use made of the website by creating anonymous assessments and graphics on the number of visits, the number of pages viewed per user etc. amberspice uses Google Analytics exclusively for the purposes of market research and the optimisation and creation of a user-adaptive design of this website. You will find further information on the technology used by Google at www.google.com/analytics.

In addition, selected actions on the website feature Google Conversion Tracking. You will find more information on this at www.google.com/adwords.