1. scope of application and subject matter of the contract

These General Terms and Conditions (GTC usage rights) govern the contractual relationship between Etrusco GmbH (hereinafter referred to as “Etrusco”) and the authors/content creators (hereinafter referred to as “authors”) who allow Etrusco to use the photographs/videos that the authors themselves have created and published in their own Instagram account on Instagram. These conditions may be deviated from in individual cases by individual agreement.
The subject of the contract is the permission to use, link, edit and publish the photographs/videos on the Etrusco website under the heading “Social Wall”. The Etrusco social wall shows photographs/videos of the most beautiful road trip moments of the Etrusco community on the Etrusco website (https://www.etrusco.com). The photographs/videos are published there with a link to the Etrusco product page, a link to the author's Instagram post and a link to the author's Instagram account.

2. granting of rights to photographs/videos

By accepting these GTC rights of use, the author grants Etrusco GmbH the non-exclusive rights, unlimited in terms of territory and content, to use their photographs/videos published on their own Instagram account in whole or in part for advertising purposes. In particular, the author grants Etrusco GmbH the following exclusive, temporally and spatially unrestricted rights of use:

a) The right of reproduction and distribution, i.e. the right to store the photographs/videos, including any technical possibilities, in particular through digital integration on the website, to reproduce them in whole or in part without limitation and also to distribute them using digital storage and reproduction media, regardless of the technical equipment and including all digital or interactive systems;
b) The right of communication to the public, including the right to make available to the public, i.e. the right to feed and store the photographs/videos commercially or non-commercially, alone or in the context of other content and forms of use, in whole or in part, in electronic databases, electronic data networks, telephone services, etc. and to make them available to a large number of users by means of digital or other storage and transmission technology, in particular within the framework of so-called “on-demand” services, in such a way that they can access the photographs/videos or parts thereof on individual demand (in particular push and pull techniques) at short notice by means of a television, computer or smartphone service. “on-demand” services in such a way that they can receive the photographs/videos or parts thereof on individual demand (in particular push and pull techniques) at short notice by means of a television, computer, smartphone and/or other device including all transmission paths (cable, radio, microwave, satellite) and all methods (LTE, GSM, UMTS etc) as well as including all protocols (e.g. TCP/IP, http, WAP, HTML, XML etc). Also included is the right, within the scope of the types of use mentioned in these GTC usage rights, to enable interactive use of the work using the photographs/videos or parts thereof - possibly in connection with other content - by the user, including the right to use the photographs/videos in social media posts, in Instagram reels/posts/stories and in websites of Etrusco GmbH without restriction and to reproduce them publicly;
c) The right to edit, i.e. the right to redesign and edit the photographs/videos as desired, in particular to digitize them for the purpose of integrating them into Etrusco's website and social media channels, while respecting the moral rights of the author themselves or through third parties.

3. guarantee of ownership of rights, indemnification

(1) The author guarantees that they is the owner of the transferred rights and that it is possible for them to effectively grant Etrusco the rights mentioned in section 2. The author also guarantees that the photographs/videos are free of third-party rights that could conflict with the contractual granting of rights. Furthermore, the author guarantees that no personal rights of third parties are infringed by the use of the photographs/videos within the scope of these GTC rights of use, in particular that the persons depicted agree to the contractual use of the photographs/videos.
(2) The author shall indemnify Etrusco upon first request from all claims of third parties, in particular from claims due to copyright and personal rights infringements, which should be raised against Etrusco in connection with the exercise of the contractual rights. The author must inform Etrusco immediately of any impairment of the contractual rights of which he becomes aware. Etrusco is entitled to take suitable measures itself to defend against claims by third parties or to pursue its rights. The author must coordinate their own measures with Etrusco in advance. The indemnification also includes the reimbursement of costs incurred by Etrusco through legal prosecution/defense.
(3) The indemnifications mentioned in paragraph 2 shall not apply if the third party's claim results from the fact that Etrusco uses the photographs/videos contrary to the provisions set out in these GTC Rights of Use, in particular contrary to section 2. This means that the author is in no way responsible for Etrusco's use and in this respect is also indemnified by Etrusco against any third-party claims.

4. gratuitousness

(1) The author provides access to the photographs/videos and the right of use according to section 2 to Etrusco free of charge.
(2) Etrusco shall provide access to the Etrusco Social Wall and the link free of charge.
(3) In all other respects, the author and Etrusco shall bear their own costs and expenses within the scope of the provisions set out in these GTC Rights of Use.

5. final provisions

(1) The law of the Federal Republic of Germany shall apply to the interpretation of these GTC rights of use. 
(2) The place of jurisdiction for all disputes arising from this contractual relationship is the registered office of Etrusco, unless the law prescribes otherwise.
(3) Should one of the provisions of these General Terms and Conditions of Use be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. In place of the invalid or unenforceable provision, the parties undertake to agree on a provision that comes as close as possible to the economic content of the invalid provision. The same applies in the event of a loophole in these GTC usage rights provisions.