Terms and Conditions
1. Deutsche Post AG, hereinafter referred to as “DPAG”, offers a Portal called “Brand Hub” (hereinafter “Portal”) to provide all employees and (registered) external partners (“you”) with logos, trademarks, business signs and other functionalities related to DPAG, DHL and DPDHL Group (all together “Content”).
2. These terms shall apply in relation to your use of the Content and the use of the Portal (incl. its functions).
3. You shall use the Portal only for the purposes set out in paragraph 1. You are not allowed to (a) modify, interfere with, disable any features, functionality or security controls of the Portal and its functions; (b) defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms of the Portal and its functions, or (c) reverse engineer, decompile, disassemble or derive source code, underlying ideas, algorithms, structure or organizational form of the Portal and its functions.
4. All the Content on the Portal, including but not limited to the design, structure, selection, expression, “look and feel”, and arrangement of such Content is owned, or licensed by DPAG and is protected by copyright and trademark laws and other intellectual property rights. Except as expressly provided in these Terms and Conditions no part of the Content and no Content may be copied, reproduced, republished, uploaded, transmitted or distributed in any way for publication or distribution, without DPAG’s express prior written consent.
5. Unless expressly stated otherwise in these Terms and Conditions, DPAG grants you a non-exclusive, worldwide, non-transferable, non-sublicensable, royalty-free and revocable license to use the Content in accordance with and under the restrictions stated in these Terms and Conditions. In addition you have to observe the special individual license restrictions of the content displayed in the “Media Library”.
6. You expressly undertake:
a) not to alter, edit or abridge the Content and the Portal in any way.
b) not to defamiliarize or employ the Content in any way that would distort its meaning or original intent.
c) Not to use the Content in an irrelevant context
d) to mention DPAG or in every case as the source of the Content
e) to comply with DPAG´s, DHL`s and DPDHL Group`s Corporate Design Style Guides
7. When using the Portal and the Content, you shall not or not attempt to:
a) violate any laws or (intellectual property) rights of others;
b) hinder, damage or take any steps which, in our reasonable view, jeopardize the accessibility, functioning or security of the Portal or any component thereof or of any of our services;
c) negatively affect our business activities or reputation;
d) perform any security tests (e.g. pen-testing), performance tests (e.g. load-testing), stress tests or similar tests on the Portal or any component thereof or on any other of our systems,
e) under any circumstances repackage or resell Content, Tools or any of our services;
f) interfere with, modify or disable any features, functionality or security controls of the Portal or any component thereof or of any of our systems;
g) defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms for the Portal or any component thereof or any of our systems;
h) reverse engineer, decompile, disassemble or derive source code, underlying ideas, algorithms, structure or organizational form of the Portal or any component thereof or of any of our systems
8. DPAG may suspend your use of the Portal and/or the Content at any time at its sole discretion. Upon such suspension, you must (a) immediately discontinue your current use of the Portal and the Content and (b) not use the Portal, its functions and the Content in the future. You agree that DPAG shall not be liable to you or to any third party for any suspension of your access to the Portal or the Content. We also may suspend or limit your use of the Portal or the Content immediately upon notice if we reasonably determine that there is a material breach of your obligations or a security incident; or if such suspension or limitation is required by law, a court decision, or a request from a governmental body.
9. We may terminate your use of the Portal for cause in case of material breach of the Terms and Conditions, if such breach remains uncured for a period of 30 days from receipt of notice of the breach by us. Events that entitle us to forthwith terminate the use of the Portal, include without limitation:
a) acts or omissions that entitle us to a suspension or limitation as per Section 8 that remain uncured for a continuous period of 30 days from date of suspension;
b) our obligation to comply with laws or requests of a governmental body;
c) a change in control of you and/or your affiliates which, according to our reasonable opinion, adversely affects our position, rights or interests; and
10. The access to all Content of the Portal is free for all DPAG employees. Not registered external users have access to all content except the “Media Library”, for which they have to register. This registration is determined by reading and providing your consent to these terms and conditions of the Portal, namely by ticking the box “I agree to the terms and conditions of the Portal”. By sending an activation e-Mail DPAG confirms the registration and the Media Library may be used immediately thereafter. DPAG shall be free to accept or reject your registration request.
11. You shall keep the use and access permissions assigned to you secret, protect them against access by unauthorized third parties and not disclose them to unauthorized users. You acknowledge your responsibility for the safekeeping, handling and use of the Portal. You shall notify DPAG immediately of any unauthorized use of your account or password, or any other breach of security.
12. You are responsible for all activities conducted via the Portal by using your account, including but not limited to other notification functionalities, in accordance with the applicable competition and data protection laws.
14. The Portal may contain links to other independent third party websites (“Linked Sites”). These Linked Sites are not under DPAG’s control and DPAG is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained in such Linked Sites.
15. DPAG may revise these Terms and Conditions at any time. DPAG shall notify you of any changes to these Terms and Conditions in text form (e.g. by e-mail) (“notification of changes”). The changes shall take effect and the contractual relationship shall continue under the changed conditions if you do not object to these changes within four (4) weeks after receiving the notification of changes by means of notification in text form to DPAG. This deadline shall be deemed to have been met so long as the objection is sent to DPAG within this time period. DPAG shall specifically point out to you in the notification of changes the above consequences of failure to object.
16. The services, the Content and the information on this Portal are provided on an "as is" basis. DPAG, to the fullest extent permitted by law, disclaims all warranties, whether express, implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties rights and fitness for a particular purpose. DPAG, its affiliates and licensors make no representations or warranties about the accuracy, completeness, security or timeliness of the services, Content or information provided on or through the DPAG Portal or systems. No information obtained via the DPAG systems or Portal shall create any warranty not expressly stated by DPAG in these terms and conditions.
17. You hereby indemnify and hold harmless DPAG to the fullest extent from and against any and all liabilities, costs, demands, causes of action, damages and expenses arising out of or in any way related to the use of the Content by you and/or a breach of any of the provisions of these Terms and Conditions by you.
18. You accept that DPAG is free to modify, remove or add functions in the Portal and DPAG reserves the right to change the Content from time to time and will notify you about any changes.
19. These Terms and Conditions shall be governed by German law. All disputes arising in connection with the use of the Content and/or the Portal shall be finally settled by the competent courts of Bonn, Germany.