Terms and Conditions of Use
You, being a user of the Flextool Branding Portal (“You”) must agree that you have read and understood these terms and conditions before using assets from the Flextool Branding Portal. All the images, audio, video, illustrations and other materials in the Flextool Branding Portal are protected under applicable copyright, trade mark and other intellectual property law. When you use assets from the Flextool Branding Portal, it is your responsibility to do so in strict accordance with these laws and the limited licences granted under these Terms and Conditions.
You will be individually responsible for ensuring that all assets selected and used by you are used in accordance with the terms and conditions set forth below.
These terms and conditions apply to the use of any and all content sourced from the Flextool Branding Portal.
1. Access to the Flextool Branding Portal
Only Flextool approved customers (distributors/dealers) will be granted access to and permitted to use the Flextool Branding Portal. Flextool will approve all account applications and registrations in its sole discretion.
As an authorised user and account holder, you agree that you will not share your user ID and/or password with any other person and will take reasonable steps to protect your login credentials at all times.
You agree that if you suspect your login credentials have been revealed to any person, or compromised in any manner, you will report this to Flextool at marketing@flextool.com.au.
2. Use of Assets from the Flextool Branding Portal
You agree to only use downloaded assets from the Flextool Branding Portal for your business needs such as e-commerce representation, marketing campaigns or promotional use and presentations promoting Flextool and Flextool’s exclusive distribution products.
When using downloaded assets you must comply with the Flextool Branding Guidelines issued from time to time (as outlined in the Flextool Brand Guidelines document) and you must only use assets that comply with your region/country/location.
You are not permitted to use Flextool downloaded assets or any other Flextool brand assets on competitor collateral and vice versa.
You are not permitted to forward or share downloaded assets or any other Flextool brand assets with any third parties.
Should you have any questions or concerns please contact the Flextool Marketing Department at marketing@flextool.com.au.
You agree that you will not store Flextool Branding Portal files for any other purpose; this includes storage in a network drive, hard media format or by any other means for future use.
You also agree that you will not share assets from the Flextool Branding Portal with non-authorized users.
The limited licence provided under these terms may be terminated by Flextool at any time and for any reason.
3. Protecting Downloaded Assets
Once you download an asset, you need to ensure it gets used in the manner that you’ve specified in your usage data – and only in that manner. That means you should:
4. Adhering to Rights and Restrictions
When you download an asset, it is your responsibility to use it in strict accordance with the Flextool Branding Guidelines provided from time to time and to adhere to any restrictions or limitations on its use. Flextool Branding Guidelines contain usage information that can be applied to every available asset.
Never use an asset without fully reading and understanding the specifics about crediting, who owns the copyright and how the asset can and can’t be used. If you ever have questions about asset usage or a restriction, check with the Flextool Marketing Department at marketing@flextool.com.au.
5. Limitation on Changes to Third Party Assets
All third party content assets included within the Flextool Branding Portal are licensed based on Flextool’s agreement to properly manage the use of such assets.
Typically, minimal modifications such as cropping, creating a thumbnail or silhouette of an image are acceptable changes.
Such minor changes are permissible, as they do not change or modify the editorial integrity of the original asset. Any changes that are beyond such minor changes, are not permitted and may require additional permission of the content provider or rights holder. If you have any questions, please consult the Flextool Marketing Department at marketing@flextool.com.au.
6. Licence to use Flextool Assets and Trade Marks
You, being a user of the Flextool Branding Portal will be entitled to use the assets and trade marks made available to you in promoting your business, provided you do so in accordance with the terms of this Clause (the “Licence”). The Licence is non-exclusive and non-transferable and is limited to the reproduction, use and display of the assets and trade marks solely in relation to the provision and promotion of Flextool and Flextool’s exclusive distribution products by you within the relevant region/country/location.
You may not use the assets and trade marks except in accordance with the standards, directions and specifications set or provided by Flextool from time to time, or in specific advertising, promotional, display or other material used by you without the prior written consent of Flextool.
Without limiting the above, you must ensure that on all documents on which the assets and trade marks are applied, there appears a written statement to the effect that the assets and trade marks is owned by Flextool and is used by you under licence.
You recognise and agree that the assets and trade marks are the property of Flextool. Nothing in these Terms and Conditions will be construed as granting you any proprietary rights in the assets and trade marks.
You acknowledge that all use of the assets and trade marks by you will be deemed to be used by Flextool. All right, title and interest in the assets and trade marks, including any good will resulting from the use of the assets and trade marks belongs to and ensures wholly to the benefit of Flextool as the owner of the assets and trade marks.
You will use the assets and trade marks only in relation to the Flextool products you promote and may not use the assets and trade marks or a substantially identical or deceptively similar assets and trade marks on any goods or in relation to any other services or businesses.
You shall promptly notify Flextool of the actions of any third party which may amount to an infringement of Flextool’s rights in relation to the assets and trade marks that you discover and you must (at the request of and at the cost of Flextool) provide to Flextool all information and assistance in any proceeding which may be brought against any such third party. You have no rights to bring an action for infringement of the assets and trade marks or to defend the rights of Flextool to the assets and trade marks and Flextool will have absolute control over any litigation involving or affecting the Licence and the you may not initiate proceedings for infringement in respect of the assets and trade marks.