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General Conditions of Business
of “Kitzbüheler Alpen Marketing GmbH” …(hereinafter abbreviated to "KAM")
online picture archive
The most important points:
• The author of the image must be cited in every publication without exception.
• Images are only to be used to advertise the tourism offers in the Kitzbüheler Alpen.
• Files downloaded may not be used for commercial purposes.
I. General
(1) KAM has compiled an online picture archive serving the availability of pictures by means of an Internet database. The images, subjects and logos provided may only be used for tourism-related advertising for the Kitzbüheler Alpen region. Rights apply exclusively for the said purpose. The downloaded picture files can be used freely subject to the provisions of paragraph IV of these General Conditions of Business.
(2) Use in the sense of these General Conditions of Business includes any form of publication of the picture material or a part thereof. It also applies to the layout, copying, projection, reproduction, offprint, scanning and storage of the picture material in electronic data carriers, even if this only relates to sections of pictures.
(3) Use of the KAM online picture archive (KAM) remains exclusively subject to
alteration and is not exclusive, it is subject to the following conditions. Any of the user's business conditions deviating there from are herewith explicitly contradicted.
(4) The user of the KAM pictures declares explicitly that he/she consents to these General Conditions of Business. User in the sense of these General Conditions of Business is anyone who obtains access to the KAM pictures by registration, irrespective of whether he/she downloads pictures from it or not or receives these in the form of an external data carrier (CD, DVD; memory stick, etc.).
(5) Use of the picture files stored in the KAM online picture archive is free of charge.
(6) Downloaded digitally conveyed picture material always remains the property of the author or the KAM.
(7) Note: Copyright and designation of the KAM pictures:
All images originate from the picture archives of our tourism regions, as designated:
- Kitzbühel Tourismus "
- Kitzbüheler Alpen – Brixental: Brixen -Kirchberg - Westendorf
- Kitzbüheler Alpen St. Johann in Tirol – Oberndorf - Erpfendorf
- Ferienregion Hohe Salve
Important - Copyright acknowledgement reference:
When publishing KAM pictures, it is fundamentally required that a copyright reference is made in the respective medium i.e.
● Photographer reference (if stated)
Inasmuch as no photographer is named, then simply the respective
● regional archive reference (Kitzbühel Tourismus, Kitzbüheler Alpen-Brixental Brixen-Kirchberg-Westendorf, Kitzbüheler Alpen St. Johann in Tirol – Oberndorf - Erpfendorf, Hohe Salve, Kitzbüheler Alpen) should be quoted as an acknowledgement.
For example:
Acknowledgement in the respective medium:
- Photo: Albin Niederstrasser or
- Archive: Kitzbühel Tourismus
See points V and IV below
II. Internet Database
(1) For access to the KAM pictures, any visitor must first register online. Upon registering, (you can assign your own user name and password), all user data are registered in the system. The user can look at pictures in the KAM online picture archive and download the pictures required, having stated the intended purpose of use.
(2) The data for the access entitlement are to be treated confidentially by the user and are not to be passed on to third parties. Should the access data be misused by fault of the user, the latter will be liable for any damage thus resulting.
(3) The user has no claim to permanent accessibility of the KAM online picture archive. KAM is at any time free to switch off the server temporarily or permanently and to change, delete or supplement the contents stored there. The required Internet browser software must be procured by the user him/herself. The user him/herself bears the costs of provider and
telecommunication fees arising from any downloading.
(4) The image files in the KAM archive can only be downloaded in the available formats – max. format A4. Should a user require a picture in a format larger than A4 or A3, KAM itself - or via a third party - will, upon written order by the user, without obligation and until subject to further notice, store the respective picture files in the required size on compact disc or another data carrier and will let the user have this compact disc / data carrier. KAM bears no liability for any eventual damage due to its own action or to the action of the assigned third party or to non-fulfilment of the order.
(5) Picture files in format A3 or larger – or larger than the maximum size designated in the online picture archive - are ordered online via the KAM website.
(6) KAM is under no obligation to provide the picture files in a format other
than A4 by storage on a compact disc or in any other way or to accept orders for pictures in format A3 or to comply with an order by instructing a third party. The use of the picture
files stored on compact disc or other data carriers in accordance with article (4) of this paragraph is subject to the same conditions of use as downloaded pictures, in particular to the restrictions listed in paragraph IV of these General Conditions of Business.
(7) When ordering pictures on compact disc or other data carriers, the user is responsible for all costs (in particular costs of transport and production) arising to KAM itself or to the third party assigned by KAM by way of the services performed in article (4) of this paragraph. The user has to pay such costs within seven days of receiving the compact disc / data carrier and the relevant account. 12% interest on arrears is payable in the case of default. The granting of rights of use in respect of the pictures stored on compact disc/data carrier is free of charge and not, therefore, included in the costs.
III. Liability
(1) KAM bears no liability whatsoever for any flaws or defects in hardware and software arising during online research, data transmission, or use of the KAM online picture archive or for other damage, in particular such as arises in the handling of the compact discs / data carrier used by third parties for the purpose of storing picture files.
(2) Nor does KAM bear any responsibility for the suitability of a picture or the data amount of a picture for the user's intended purpose. KAM makes the online picture archive available as is, i.e. with any eventual flaws.
(3) KAM cannot guarantee that the Internet pages made available, the picture
files to be found in the KAM online picture archive and the compact discs / data carrier provided in accordance with paragraph II, article (4) are free from viruses, unauthorized programs, Java or source codes or other eventual components interfering with function or business.
(4) The user is liable for any use contradictory to these General Conditions of Business and for any other misuse or illegal use of the KAM online picture archive and the pictures provided there. Should the user nevertheless use the KAM online picture archive or the pictures in an inadmissible manner, he/she undertakes to fully indemnify KAM for any damages arising in this way. Furthermore he/she will in general indemnify KAM in respect of any claims made on KAM arising from any use, even when it is permitted.
IV. Limitation of use
(1) When downloading pictures resp. registering, the user must supply his/her name, postal address and e-mail address. Only after registration does the user acquire access to the KAM online picture archive and images can be downloaded.
(2) Use is only admissible if all data provided upon registration is correct and complete and if the purpose of use (individually for each picture) is stated prior to downloading of the pictures concurs with the actual use by the user and if the purpose of use is admissible in accordance with the following articles of this contract.
(3) Registration and release for downloading is performed automatically, which is why the data stated in paragraph (1) and (2) of this contractual section are not checked.
(4) Use is only admissible when all of the data stated upon registration are correct and complete and the intended purpose of use stated prior to downloading corresponds to the actual purpose of use by the user and is admissible in accordance with following paragraphs of this contractual section.
(5) If the particulars provided by the user do not correspond to the actual use or if the user
pursues an inadmissible purpose of use, consent to use is to be regarded as not granted. The automatic transmission of the user name and the passwords is not tantamount to KAM’s agreement to a use contradictory to the conditions of this clause. Nor - when it takes place despite the user's stating an inadmissible purpose of use - is the automatic availability of pictures for downloading tantamount to the KAM’s agreement to a use contradictory to the conditions of this clause.
(6) The data downloaded from the online picture archive may not be used in any manner likely to harm the reputation and standing of Land Tirol, KAM, the touristic aims of Land Tirol (= country Tyrol) or of any other public or private institution directly or indirectly within the legal entity or authority of Land Tirol. The images, subjects and logos provided may only be used for tourism-related advertising for the Kitzbüheler Alpen region.
(7) Files downloaded from the online photo archive may not be used for commercial purposes, i.e. they may not be incorporated in a product to be offered for sale (e.g. a T-shirt with a KAM online picture archive image), nor may they be employed for advertising purposes (e.g. a KAM online picture archive image in a promotional brochure). In cases of doubt, written authorisation to use an image must be obtained in advance from KAM.
(8) No alterations of any kind are permitted, in particular the distortion of the pictures by copying, re-photographing, photocomposition, electronic aids or other means. Nor is it permitted to use parts of pictures. Pictures may thus only be used in their entirety and unaltered. Exceptions require a separate written agreement. Falsification in picture and wording or use that may lead to the disparagement of people shown are inadmissible and render the user liable for damages.
(9) Equally inadmissible is the use of pictures in erotic, criminal or other offensive connections and the use of pictures denigrating minorities, ethnic, religious or other groups or likely to offend members of these groups in their feelings or views. In no case may personality rights of the people pictured be touched upon in a negative manner or impaired.
(10) Use for journalistic purposes is admissible notwithstanding the previous paragraphs (6), (8) and (9). The user is obliged to observe the publication principles of the Press Council (press code).
(11) In the case of inadmissible use of the KAM pictures in contravention of the paragraphs listed above, the user must in each individual case pay the KAM a contractual penalty of € 3.000,- (in words: three thousand Euros) within 14 days of being called upon to do so, index linked according to the consumer price index 2000 (basis month October 2003). Any damages exceeding that amount can be asserted by KAM, as can the prohibition of use. Any profit made by a user through inadmissible direct commercial use in accordance with paragraph IV, article (4) must be transferred to KAM. In this case the user is obliged to render the accounts relating to these transactions to KAM.
V. Exploitation and copyrights
(1) All KAM pictures are to be treated as originals. On principle, only the right of use of the
photographic copyright is transferred. This applies in particular to pictures the content of which is subject to a further copyright (e.g. works of fine art and representational art). The
redemption of the further copyrights and the obtaining of permission to publish from
collections, museums etc. is incumbent on the user. The pictures are only made available by the KAM for use according to the purpose of use given upon registration, after use they must at once be removed from all data carriers.
(2) It is not permitted to store the picture material in an archive or to pass it on to third parties.
(3) The user bears the sole responsibility for the text. See point I (7) below.
VI. Copyright identification
(1) KAM explicitly requires an agency and copyright note (source reference) in
such a manner that there is no doubt of its being attributed to the respective picture. Collective references only suffice in this sense if they can be attributed without doubt to the respective picture. The user has to exonerate KAM from claims of third parties arising from neglect of copyright notice. "Kitzbüheler Alpen Marketing GmbH" is applicable as copyright notice. See point I (7) below.
(2) Article (1) also applies to advertising, inserts in television programmes and films or other
media, if no explicit special agreement has been made.
(3) Unless explicitly mentioned above, any use is subject to the conditions of the Austrian copyright law.
(4) An unsolicited complete specimen copy of any publication in print must be provided free of charge. Here, it should be stated precisely which picture was used where in which publication.
VII. Legal venue, other
(1) Subsidiary agreements to these contractual conditions must be made in writing in order to be legally effective. This also applies to any departure from, alteration to or termination of this written requirement.
(2) Austrian substantive law is applicable for any disputes arising from the use of the KAM online picture archive. The applicability of Austrian law is also agreed upon when the KAM online picture archive is used by users abroad.
(3) The court of law competent for 6370 Kitzbühel is agreed upon as the exclusive venue for any legal disputes arising from the agreed use of the KAM online picture archive on the basis of these General Conditions of Business. The KAM can, however, prosecute the user at another legal venue in Austria or abroad.
(4) Inasmuch as any condition in these General Conditions of Business is invalid, the KAM and the user herewith explicitly undertake to arrange legally effective conditions that are as close an approximation as possible of the economic purpose of the invalid condition. The effectiveness of all other conditions is not affected by the ineffective condition.
(5) All rights and obligations arising from these General Conditions of Business devolve upon any legal successors of the KAM.
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