General Terms and Conditions for the Online Image Database
Tourist information Kufsteinerland
The most important points at a glance
- The images provided may only be used for promotion of tourism offers from TVB Kufsteinerland.
- The associated copyright information must be included whenever an image is published.
- The images may not be used for direct commercial purposes.
- The images may not be passed on to third parties.
The legal details
I. General information
(1) TVB Kufsteinerland has set up an online image archive, which makes images available via an internet database. The images, subjects and logos made available may only be used for promotion of tourism offers from TVB Kufsteinerland. The downloaded image files may be used freely, subject to the provisions in Section IV of these General Terms and Conditions
(2) "Usage" in the sense of these General Terms and Conditions includes any publication of the image material, or a part thereof. "Usage" also applies to layout, copying, projection, reproduction, printing, scanning and saving of the image material in electronic form, even when only parts of the image are included.
(3) Usage of the TVB Kufsteinerland image archive (TVB Kufsteinerland images) is always subject to change and non-exclusive, in accordance with the following Terms and Conditions. Any Terms and Conditions of the user that deviate from these Terms and Conditions are hereby expressly excluded.
(4) The user of the TVB Kufsteinerland images expressly declares that they agree with these General Terms and Conditions. A "User" in the sense of these General Terms and Conditions is anyone who gains access to the TVB Kufsteinerland images through registration, irrespective of whether they download images from the archive or not. A "User" is also someone who receives the images on an external storage medium (CD, DVD, memory stick etc.).
(5) Usage of the saved image files from TVB Kufsteinerland is free of charge.
(6) The downloaded or digitally transmitted image material always remains the property of the author or TVB Kufsteinerland.
(7) Copyright and citation of the TVB Kufsteinerland images: all motifs come from the image archive of TVB Kufsteinerland. Copyright note: When publishing the TVB Kufsteinerland images it is essential that the copyright or acknowledgement of ownership is cited for every image, or on a homepage in the legal notice. The size, colour and placement of this source citation should always be selected so that it is clearly readable with the naked eye.
This means: 1.) Disclosure/citation of the photographer (if the name of the photographer is listed), or if no photographer name is listed in the image information, 2.) Listing of TVB Kufsteinerland in the copyright information.
Image caption is placed directly on/in the image:
©VANMEY Photography / TVB Kufsteinerland
Citation in the legal information of a website:
Photo: VANMEY Photography or
Image archive: TVB Kufsteinerland
See Sections V and IV below.
II. Internet database
(1) Visitors must first register online before they can download TVB Kufsteinerland images. During registration (username and password may be assigned by the visitor), all visitor details are recorded in the system.
The visitor can browse the images in the TVB Kufsteinerland online image archive, and create their own image catalogues and favourites in a watch list, which can then be downloaded after proper registration.
(2) The information for access authorisation must be treated confidentially by the user, and not disclosed to third parties. If the access data are misused due to a fault of the user, then they are liable for any ensuing damages.
(3) The User has no entitlement to permanent availability of the TVB Kufsteinerland online images. The TVB Kufsteinerland may at any time turn off the server temporarily or permanently, make changes to the contents saved there, delete them or expand them. The User must themselves procure the internet browser software required. The User bears any costs associated with downloading, including provider and telecommunications fees.
(4) The TVB Kufsteinerland image files can be downloaded in 5 different sizes, in CMYK or RGB. If a User requires larger or different image formats, they should consult with the tourism association or the photographers. The TVB Kufsteinerland accepts no liability for any damages resulting from the User's actions or actions of appointed third parties, or for the non-performance of an order.
(5) Ordering of larger or different image data than what is available in the online image archive (original image is included in maximum resolution and size), is done in writing at the TVB online image archive point of contact in the respective region.
(6) The TVB Kufsteinerland is not under any obligation to offer the image data by saving it onto a storage medium, transferring it via WeTransfer or in any other manner, or fulfil an order by commissioning a third party. In accordance with Clause (4) of these Terms and Conditions, usage of image files saved on other storage medium are subject to the same conditions as downloaded images, in particular the usage restrictions in Section IV of these General Terms and Conditions.
(7) When ordering images on other storage mediums, the User is liable for all costs (in particular transport and production costs) incurred, either by TVB Kufsteinerland or a third party commissioned by TVB Kufsteinerland, which result from services listed in Clause (4) of this Section. These costs must be paid by the User within seven days of receipt of the images / storage medium and the associated invoice. Any delay in payment results in default interest of 12%. Granting the right of usage to the images saved on the storage medium is free of charge, and in therefore not included in the costs.
(1) TVB Kufsteinerland assumes no liability for any errors or defects in the hardware or software that result from online searching, data transfer or usage of the TVB Kufsteinerland online image archive, or for any other damages, in particular any that result from the usage of storage mediums used by third parties to save the image data.
(2) Furthermore, TVB Kufsteinerland does not accept any liability for suitability or resolution of an image for the purpose required by the User. The TVB Kufsteinerland makes the Kufstein online image archive available as is, in other words with any possible errors.
(3) TVB Kufsteinerland cannot guarantee that the webpage made available, the image files made available in the TVB Kufsteinerland online image archive or the storage mediums transferred in accordance with Section II Clause (4) are free of viruses, unauthorised programmes, Java or source codes. Additionally, the existence of process disturbing components or parts may not be excluded.
(4) The User is liable for any usage of the TVB Kufsteinerland online image archive and the images made available in it that violates these General Terms and Conditions, as well as any other misuse or unlawful use. If the User uses the TVB Kufsteinerland online image archive or the images in an inadmissible manner, then they are fully liable for all resulting damages, and completely indemnify TVB Kufsteinerland against any claims. In addition, even if their usage was permissible, they also completely indemnify TVB Kufsteinerland if, as a result of their usage, TVB Kufsteinerland is subject to claims.
IV. Usage restriction
(1) During registration the User must state their name, postal address and email address. The User may only download images from the TVB Kufsteinerland image archive after registration.
(2) The user may be asked by TVB Kufsteinerland to state their intended purpose of use (intended distribution, scope).
(3) Registration and activation for download of files is automatic. The registration data listed by the User will be verified for correctness by TVB Kufsteinerland.
(4) Usage is only permissible if all the details given during registration are correct and complete, and the purpose of use is permissible in accordance with the following clauses.
(5) If the details given by the User do not correspond with actual usage, or the User has a non-permissible purpose of use, then the usage consent is regarded as not given. The automatic system activation for the download of images from the TVB Kufsteinerland online image archive does not constitute consent of the TVB Kufsteinerland to usage which is inconsistent with the provisions of these General Terms and Conditions.
(6) The files downloaded from the TVB Kufsteinerland online image archive may not be used in any manner which may directly harm the reputation and standing of TVB Kufsteinerland, the touristic objectives of the region or the state of Tyrol, or any other public or private entity, their rights or their decision-maker(s). The images, subjects and logos made available may only be used for promotion of tourism offers from TVB Kufsteinerland. The images are only authorised for the promotion of the TVB Kufsteinerland as a tourism region and its touristic offers.
(7) Furthermore, the data downloaded from the TVB Kufsteinerland online image archive may not be directly used for commercial purposes, i.e. the files downloaded from the TVB Kufsteinerland online image archive may not be used for promotion of a particular product (e.g. for merchandising purposes: T-shirt with an image/logo downloaded from the TVB Kufsteinerland online image archive). Usage for promotional purposes is however permitted (e.g. an image from the TVB Kufsteinerland online image archive in an advertising brochure), as in this case the images from the TVB Kufsteinerland online image archive are only being used to promote a product or service, and are not a direct part of the sale of the given product (indirect commercial usage). If there is any doubt, the written permission of TVB Kufsteinerland should be obtained before usage.
(8) Any processing, in particular the distortion of images through copy-drawing, re-photographing, photo-composing or electronic means, is not permitted. The usage of image sections/components is also not permitted. Images may only be used as an unprocessed whole. Exceptions to this rule require written agreement. Distortion of the picture and words, as well as usage that could lead to degrading of the people pictured, is not permitted, and makes the user liable for damages.
(9) The use of images in erotic, criminal or other offensive connections, and uses that are defamatory of minorities, or ethnic, religious or other groups or are likely to be hurtful to the feelings or beliefs of members of such groups are prohibited. Neither may the personal rights of persons depicted be infringed.
(10) Use for journalistic purposes is permitted without prejudice to Clauses (6), (8), and (9) above. The User shall observe the journalistic principles of the press council (press codex).
(11) Usage prohibition for social networks: Image files downloaded by the User from the TVB Kufsteinerland online image archive should not be used and/or uploaded to social networks such as Facebook, Twitter, Xing, YouTube or similar platforms.
(12) Deletion obligation: image files are to be deleted from all storage mediums immediately after use (deletion obligation).
(13) For any usage of the images in the TVB Kufsteinerland online image archive that is impermissible according to these clauses and sections, the User must, for each individual case, pay a contractual penalty to the TVB Kufsteinerland of € 3,000 (in words three thousand euros), according to the consumer price index, within 14 days of demand. TVB Kufsteinerland may enforce damages that exceed this, as well as start legal action for termination of usage. Any profit that the user obtained through direct commercial usage that is unpermitted in accordance with Section IV, Clause (4) shall be paid to TVB Kufsteinerland. In this case the User is obliged to disclose their financial reporting for this business to TVB Kufsteinerland.
V. Processing and copyrights
(1) All images from the TVB Kufsteinerland online image archive should be treated as originals. As a basic principle, only the usage rights to the photographic copyright are transferred. This is particular applies to images that are subject to further copyright protections (e.g. works of fine art or performing arts). The transfer of further copyrights as well as the obtaining of permissions to publish with libraries, museums, etc. shall be the User's responsibility. The images are made available by TVB Kufsteinerland for usage in accordance with the purpose of usage listed in the registration, and are to be deleted from all storage mediums immediately after usage.
(2) Archiving or transfer of the image material to third parties is not permitted.
(3) The User bears sole responsibility for the accompanying text, see Section I. (7)
VI. Copyright identification
(1) TVB Kufsteinerland expressly requires an agency and copyright notice (list of source) in such a way that allows for no doubt regarding attribution to the respective picture Collective lists of photo sources are only acceptable if the allocation of each photo is obvious and without any doubt. The User will release TVB Kufsteinerland from any claims by third parties resulting from missing copyright labelling. The copyright mark should include "TVB Kufsteinerland" or the respective photographer credit; see Section I. (7)
(2) Clause (1) also applies for advertising, shots in television shows and films or and any other medium, where no other expressly individual agreement has been made.
(3) Insofar as not otherwise mentioned, any usage is subject to the provisions of Austrian copyright law.
(4) A specimen copy of any printed publication is to be sent to TVB Kufsteinerland unasked and free of charge. It should be specified which image was used where in each publication.
VII. Court of jurisdiction, other
(1) Ancillary agreements to these Terms and Conditions are only effective if made in writing. This also applies to the waiver or amendment of this written form requirement.
(2) Austrian law applies to any disputes resulting from the usage of the TVB Kufsteinerland online image archive. Austrian law also applies when Users of the TVB Kufsteinerland online image archive are located overseas
(3) The exclusive place of jurisdiction for all disputes resulting from the usage of the TVB Kufsteinerland online image archive, as based on these General Terms and Conditions, is the court responsible for 6330 Kufstein. However TVB Kufsteinerland may also prosecute the User in a different domestic or foreign court of jurisdiction.
(4) If a provision of these General Terms and Conditions is invalid, the TVB Kufsteinerland and the User hereby explicitly agree to replace it with a legally effective provision that matches the economic purpose of the invalid provision as closely as possible. The validity of the remaining provisions shall not be affected.
(5) All rights and duties in these General Terms and Conditions transfer to any legal successor of TVB Kufsteinerland.
(6) The User of the TVB Kufsteinerland online image archive expressly declares that they agree to these General Terms and Conditions (Declaration of Consent). A "User" in the sense of these General Terms and Conditions is anyone who gains access to the TVB Kufsteinerland online image archive, irrespective of whether they download images from the archive or not.