Enterprise Estonia (hereinafter referred to as EAS) provides guidelines and assets for introducing Estonia via the websites brand.estonia.ee and toolbox.estonia.ee.

1. Definitions

1.1. Aino typeface – the official typeface of Brand Estonia, which is owned by EAS

1.2. EAS – Enterprise Estonia

1.3. Brand Estonia – the established messages and visual identity used to introduce Estonia, which are provided on the brand.estonia.ee website

1.4. User – a natural or legal person or an establishment who/whose representative has created an account and downloads assets from the website

1.5. Terms of Use – these Terms of Use

1.6. Account– a user account with which the user identifies themselves and which is needed to download assets

1.7. Licence – a permit that allows use of the assets in compliance with these Terms of Use

1.8. Assets – materials for introducing and promoting Estonia provided by EAS through the website, from where users can download them

1.9. Downloading assets – transfer of assets from the website to the user’s workstation

1.10. Use of assets – the use of the assets that have been downloaded from the website

1.11. Wordmarks – graphic elements that link Estonia with specific industry and have fixed graphic forms and rules for usage

1.12. Derivative work – a piece of work based on another existing (original) work, which is creatively independent and separate from the original

1.13. Website – brand.estonia.ee and its sub-page toolbox.estonia.ee.

2. Account

2.1. Creating an account is a prerequisite for use of the assets. To create an account, the user must provide registration data (including an e-mail address and a password, which EAS shall use to identify the user whenever they use the website).

2.2. The user must agree to these Terms of Use and read the Privacy Policy in order to create an account.

2.3. A natural person, a representative of a legal person or an establishment that wants to register an account must have full active legal capacity.

2.4. If the user does not wish to continue using their account, they can delete it on the website. After the user has deleted their account, they must immediately stop using the assets and destroy all copies of the assets in their possession or under their control.

3. Rights and obligations of the user

3.1. The user has the right to use the assets in compliance with the Terms of Use.

3.2. The user must guarantee that they use the website and the assets according to the Terms of Use. If the user is unable to determine whether their use of the assets is in compliance with the Terms of Use, they must e-mail brand@estonia.ee for clarification.

3.3. The user is obliged to keep the username and password of their account safe and confidential. Disclosure of the password to third parties, which allows third parties to use the account, is considered a breach of password confidentiality. A third party is any natural person other than the user. The user is responsible for all breaches made, damage caused and actions taken using their account and password. The user must immediately inform EAS of any breach of security or unauthorised use of their account by e-mailing brand@estonia.ee.

3.4. The user shall forward their derivative work based on the downloaded assets and created in compliance with clause 6.2 to EAS as soon as possible (by e-mailing it to brand@estonia.ee). The user gives EAS the right to use the economic rights of their derivative work, including the right to make adaptions, modifications (arrangements) and other alterations to the work (right of alteration of the work) and the right to make the derivative work available to the public in such a way that persons may use the work according to the Terms of Use.

3.5. The user must avoid interfering with and damaging the website. Among other things, the user is prohibited from:

3.5.1. modifying or using the website for advertising or public display, performance, sale or rental purposes;

3.5.2. decompiling, reverse engineering, disassembling or modifying the website;

3.5.3. removing any proprietary or other material notices, data or documents from the website;

3.5.4. data mining the website as well as hacking, automatically browsing and tracking it;

3.5.5. forwarding junk mail, mass data or unwanted information;

3.5.6. falsifying the headers or otherwise altering any identifiers (including URLs) to conceal the origin of the assets published on the website;

3.5.7. misrepresenting their affiliation with any person or entity;

3.5.8. obstructing the normal exchange of information or behaving in any other way that hinders the ability of other users to use the website;

3.5.9. engaging in activities that violate any relationships of trust or any applicable local, national or international laws or regulations, including compromising the security of any related accounts or websites, leading an illegal lottery or gambling operation, tracking or threatening with violence;

3.5.10. collecting the personal information of other users unless the users have given their permission. In this case, EAS is not responsible for the processing of personal data by the user;

3.5.11. collecting or storing website data for any purpose inconsistent with the Terms of Use.

3.6. When publishing the assets, the name of the author (e.g. the surname and first name of the author of the photo/video) should be indicated, if possible.

3.7. The user must immediately inform EAS if they have discovered a third party breaching the terms of use of the assets by e-mailing brand@estonia.ee.

3.8. The use of the website is based on a licence, not a transfer of ownership. The user does not become the owner of the assets or gain the rights to the website or database of assets or the right to forward the assets to other persons for use.

4. Rights and obligations of Enterprise Estonia

4.1. EAS reserves the right to modify, suspend or discontinue the services (or a part thereof) provided on the website at any time and/or revoke the user’s access to the website without prior notice. EAS also has the right to limit the use of the assets or revoke access to them. EAS is not liable for the modification, suspension or removal of services or information by the user or any third party.

4.2. If a user breaches the Terms of Use, EAS has the right to unilaterally and without prior notice terminate their account and revoke their right to use the website at any time.

4.3. EAS may change the Terms of Use without giving a prior notice to users. A notification of the changes is published on the website.

4.4. EAS has the right to use the economic rights of a derivative work created based on the assets the user has downloaded and in compliance with clause 6.2, including the right to make adaptions, modifications (arrangements) and other alterations (right of alteration of the work) and the right to make the derivative work available to the public in such a way that persons may use the work according to the Terms of Use.

4.5. EAS allows users to use the assets according to the Terms of Use.

5. Reimbursements and lack of warranty

5.1. EAS is not liable for any damage (incl. material and non-material damage as well as loss of earnings) arising from any legal basis (incl. contractual relationships and non-contractual legal relationships) in relation to the use of the assets.

5.2. The user agrees to exempt EAS from liability, protect EAS and prevent harm to EAS in relation to any liability or claims arising from or related to the misuse of the website or assets or the use of the assets by users. EAS makes reasonable efforts to ensure that the assets, information and data on the website are accurate and reliable but does not guarantee their accuracy or reliability. EAS shall maintain the website and keep it operating as it is.

6. Copyright

6.1. EAS grants users the right to use and modify the assets in compliance with clause 6.2 for free and without geographic restrictions on the basis of a non-exclusive licence, without the right to resell and sublicence, according to and in the manner set forth in the Terms of Use (see clause 7).

6.2. Assets may only be modified according to the rules of the brand design guidelines.

6.3. The user may not sublicence or resell the downloaded assets. It is also prohibited to create databases of the assets. Making assets available to the public via databases, FTP servers, cloud services and otherwise is prohibited.

6.4. A license is granted with each download.

7. Types of licence

7.1. Standard licence

7.1.1. The assets may only be used to introduce Estonia, the Estonian society or Estonian economic sectors. The assets may be used in Estonia provided that the main purpose of use is aimed at potential or existing foreign partners or guests.

7.1.2. Wordmarks may be used to introduce a certain industry of Estonia to potential or existing foreign partners or guests.

7.1.3. The use of the assets for any purpose other than those provided in clauses 7.1.1 and 7.1.2 is permitted only with prior authorisation from EAS (authorisation applications should be e-mailed to brand@estonia.ee).

7.1.4. The assets may not be used for purposes that are inconsistent with clauses 7.1.1-7.1.3 of the Terms of Use. Among other things, the assets may not be used:

7.1.4.1. in advertising campaigns and for marketing activities with the aim of selling a specific product or service;

7.1.4.2. on websites, in publications, on TV commercials and in other advertising media of individuals, businesses or third sector companies with the aim of selling a specific product or service;

7.1.4.3. to promote specific products or services;

7.1.4.4. in the logos or symbols of products and services;

7.1.4.5. to create and register a brand design or an industrial design solution (including registering the design as a trademark).

7.1.5. Only EAS has the right to create new wordmarks, i.e. the user may not create new wordmarks.

7.1.6. The use of the assets on souvenirs not meant for sale is permitted provided that a prior approval for the design thereof has been obtained from EAS (by sending an e-mail to brand@estonia.ee).

7.2. Standard + tourism licence

7.2.1. The assets may be used:

7.2.1.1. to introduce Estonia, the Estonian society or Estonian economic sectors;

7.2.1.2. by tourism companies and organisations for marketing and selling a service, that is aimed at bringing foreign tourists to Estonia.

7.2.2. The use of the assets in Estonia with the intentions listed in clause 7.2.1 is permitted provided that the main purpose of use is aimed at potential or existing foreign partners or guests.

7.2.3. The use of the assets for any purpose other than those listed in clause 7.2.1 is permitted only with prior authorisation from EAS (authorisation applications should be e-mailed to brand@estonia.ee).

7.2.4. The assets may not be used for purposes that are inconsistent with clauses 7.2.1-7.2.3 of the Terms of Use.

7.3. Aino typeface licence

7.3.1. EAS grants users the right to freely use the Aino typeface.

7.3.2. The user has the right to use the Aino typeface as it is provided, i.e. the user may not modify the typeface.

7.3.3. The Aino typeface may not be used to create logos, wordmarks, brand designs and industrial design solutions (including registering these as a trademark).

8. Unacceptable use

Irrespective of the type of licence and asset, it is prohibited to use the assets in a manner and context which:

8.1. is unrelated to Estonia;

8.2. violates Estonian or international legislation;

8.3. is inappropriate, malicious, amoral, defamatory, racist, violent, offensive, harassing or otherwise in conflict with public order, good morals or general good taste;

8.4. damages or may damage the concept and integrity of Brand Estonia;

8.5. disparages Estonian companies, society, products or services.

9. Licence term and revoking the licence

9.1. The user has the right to use an asset for the term indicated on the website.

9.2. EAS may revoke the licence any time, informing the user as soon as possible. EAS is not responsible for possible damage resulting from revoking the licence or any other harmful consequences.

9.3. EAS has the right to revoke a licence without prior notice if the user continues to breach the Terms of Use after EAS has called attention to this.

9.4. If the licence term has expired or EAS has revoked the licence, the user must immediately stop using the assets and destroy all copies of the assets in their possession or under their control.

10. Liability

10.1. The user is liable for the damage caused to EAS by breaching the Terms of Use.

10.2. If EAS has called the user’s attention to the breach of the Terms of Use of the assets and the user continues to breach the terms, EAS has the right to demand that the user stop using the assets and pay a contractual penalty of 2000 euros per breach. Paying the contractual penalty does not excuse the user from reimbursing EAS for the damage not covered by the contractual penalty.

10.3. EAS has the right to present the claim for a contractual penalty within 12 months after becoming aware of a breach.

11. Other terms and conditions

11.1. The legal relationships arising from the use of the website are governed by the laws of the Republic of Estonia irrespective of the user’s country of residence or location.

11.2. All disputes are settled by way of negotiations. Upon failure to reach an agreement, disputes shall be settled in Harju County Court.

11.3. All notices from EAS are sent to the e-mail address provided by the user when creating or updating their user account.

11.4. Personal data are processed pursuant to the conditions of the Privacy Policy.

 

Approved 16.11.2020.