Terms of usage - Kitzbühel Tourismus online picture archive

I. General

(1) Kitzbühel Tourismus has compiled an on-line picture archive serving the availability of pictures
by means of an Internet data bank. The downloaded picture files can be used freely subject to
the provisions of paragraph IV of these General Business Conditions.
(2) Use in the sense of these General Business Conditions 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 Kitzbühel Tourismus on-line picture archive (KTOPA) remains exclusively subject to
alteration and is not exclusive, it is subject to the following conditions. Any of the user's
business conditions deviating therefrom are herewith explicitly contradicted.
(4) The user of the KTOPA declares explicitly that he/she consents to these General Business
Conditions. User in the sense of these General Business Conditions is anyone who obtains
access to the KTOPA by registration, irrespective of whether he/she downloads pictures from it
or not.
(5) Use of the picture files stored in the KTOPA is free of charge.
(6) Downloaded digitally conveyed picture material always remains the property of the author or
the Kitzbühel Tourismus.

II. Internet Database

(1) The user can look at pictures in the KTOPA and can download the required pictures.
(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 KTOPA. The Kitzbühel Tourismus 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 KTOBA can only be downloaded in the available formats. Should a user
require a picture in format A4 or A3, the Kitzbühel Tourismus - 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 and will let the user have this
compact disc. The Kitzbühel Tourismus 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 A4 or A3 are ordered online via the Kitzbühel Tourismus website.
(6) The Kitzbühel Tourismus is under no obligation to provide the picture files in a format other
than A5 by storage on a compact disc or in any other way or to accept orders for pictures in
format A4 or A3 or to comply with an order by instructing a third party. The use of the picture
files stored on compact disc 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 Business Conditions.
(7) When ordering pictures on compact disc, the user is responsible for all costs (in particular costs
of transport and production) arising to the Kitzbühel Tourismus itself or to the third party
assigned by the Kitzbühel Tourismus 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 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 is free of charge and not,
therefore, included in the costs.

III. Liability

(1) The Kitzbühel Tourismus bears no liability whatsoever for any flaws or defects in hardware and
software arising during on-line research, data transmission, or use of the KTOPA or for other
damage, in particular such as arises in the handling of the compact discs used by third parties
for the purpose of storing picture files.
(2) Nor does the Kitzbühel Tourismus bear any responsibility for the suitability of a picture or the
data amount of a picture for the user's intended purpose. The Kitzbühel Tourismus makes the
on-line picture archive available as it is, i.e. with any eventual flaws.
(3) The Kitzbühel Tourismus cannot guarantee that the Internet pages made available, the picture
files to be found in the KTOPA and the compact discs provided in accordance with paragraph II,
article (4) are free from viruses, unauthorized program, 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 Business Conditions and for any
other misuse or illegal use of the KTOPA and the pictures provided there. Should the user
nevertheless use the KTOPA or the pictures in an inadmissible manner, he/she undertakes to
fully indemnify the Kitzbühel Tourismus for any damages arising in this way. Furthermore
he/she will in general indemnify the Kitzbühel Tourismus in respect of any claims made on the
Kitzbühel Tourismus arising from any use, even when it is permitted.

IV. Limitation of use

(1) When registering, the user must supply his/her name, postal address and e-mail address. Only
after registration does the user acquire access to the KTOPA.
(2) Use is only admissible, if all data provided upon registration is correct and complete and if the
purpose of use stated prior to downloading of the pictures concurs with the actual use by the
user and if the purpose of use is permissible in accordance with the following articles of this
Contract.
(3) 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 the Kitzbühel
Tourismus'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 Kitzbühel Tourismus's agreement to a
use contradictory to the conditions of this clause.
(4) The data downloaded from the on-line picture archive may not be used in any manner likely to
harm the reputation and standing of Land Tirol, the Kitzbühel Tourismus, the touristic aims of
Land Tirol or of any other public or private institution directly or indirectly within the legal entity
or authority of Land Tirol.
(5) 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 KTOBA
image), nor may they be employed for advertising purposes (e.g a KTOBA image in a
promotional brochure). In cases of doubt, written authorisation to use an image must be
obtained in advance from the Kitzbühel Tourist Office.
(6) No alterations of any kind are permitted, in particular the distortion of the pictures by copying,
rephotographing, 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.
(7) 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.
(8) Use for journalistic purposes is admissible notwithstanding the previous paragraphs (6), (8)
and (9). The user is obliged to observe the publicistic principles of the Press Council (press
codex).
(9) FIn the case of inadmissible use of the KTOPA pictures in contravention of the paragraphs listed
above, the user must in each individual case pay the Kitzbühel Tourismus 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 the Kitzbühel
Tourismus, so 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 the
Kitzbühel Tourismus. In this case the user is obliged to render the accounts relating to these
transactions to the Kitzbühel Tourismus.

V. Exploitation and copyrights

(1) All KTOPA 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 Kitzbühel Tourismus 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.

VI. Copyright identification

(1) The Kitzbühel Tourismus 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 the Kitzbühel Tourismus from claims of third parties arising
from neglect of copyright notice. "Kitzbühel Tourismus" is applicable as copyright notice.
(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 KTOPA. The
applicability of Austrian law is also agreed upon when the KTOPA 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 KTOPA on the basis of these General Business
Conditions. The Kitzbühel Tourismus can, however, prosecute the user at another legal venue
in Austria or abroad.
(4) Inasmuch as any condition in these General Business Conditions is
invalid, the Kitzbühel Tourismus and the user herewith explicitly undertake to arrange legally
effective conditions which 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 Business Conditions devolve upon any
legal successors of the Kitzbühel Tourismus.