General Terms and Conditions governing the use of photos of Kaunertaler Gletscherbahnen GmbH
General Terms and Conditions for the use of the image archive of Kaunertaler Gletscherbahnen GmbH (hereinafter “PBKGB”). The image files can be transmitted via WeTransfer, USB stick, Dropbox, email and the like.
Valid from: October 2018
Provider: Kaunertaler Gletscherbahnen
Address: Gletscherstrasse 240, 6524 Kaunertal, Austria
Phone: 0043 (0)5475 55 66 | Fax: 0043 (0)5475 55 66 70
(1) The purpose of the PBKGB is to make available photos and videos (hereinafter referred to as “image files”). Image files thus acquired or downloaded may be used free of charge subject to the provisions of Section IV (Restrictions on Use) of these General Terms and Conditions.
(2) In addition to downloading, all forms of electronic or printed publication of the image files or any part thereof is deemed to be “use” within the meaning of these General Terms and Conditions. Use will also mean the layout, copying, projection, including public performance, reproduction via all currently technically available processes, printing, scanning and storage of the image files on electronic data carriers or in electronic databases, even if only parts of the images (excerpts) are involved.
(3) Use of the PBKGB is subject to revocation at any time and is not exclusively subject to the granting of usage permits; it is however granted exclusively under these General Terms and Conditions. Any deviating terms and conditions of the User are hereby expressly disallowed.
(4) The User of the PBKGB expressly accepts these General Terms and Conditions.
(5) Image files downloaded from the PBKGB or digitally transmitted by Kaunertaler Gletscherbahnen GmbH will at all times remain the property of Kaunertaler Gletscherbahnen GmbH.
(6) Kaunertaler Gletscherbahnen GmbH is entitled to amend these General Terms and Conditions at any time (i.e. they are subject to change). Kaunertaler Gletscherbahnen GmbH will inform the User of such changes by sending the amended General Terms and Conditions to the email address provided. Changes to the General Terms and Conditions will entitle the User to terminate the contractual relationship within a period of one month from notification. Should the User not cancel within such one-month period, the amended General Terms and Conditions will be deemed to have been agreed.
II. Liability of Kaunertaler Gletscherbahnen and of the User
(1) Kaunertaler Gletscherbahnen GmbH declines all liability for errors and defects in hardware and software that arise during data transmission, nor for any other damage, in particular damage caused by the use of storage media employed by third parties to store image files.
(2) Kaunertaler Gletscherbahnen GmbH furthermore declines all liability for the suitability (in particular as regards the technical or business-related aspects) of any image file or the amount of data contained in an image file for the intended or actual purpose as specified by the User. Any use of an image file, of whatever kind, is at the sole risk of the User.
(3) Kaunertaler Gletscherbahnen GmbH cannot guarantee that either the web pages or the image files made available for retrieval in the PBKGB, or the compact discs transmitted, will be free of viruses, unauthorised Java, program or source codes, nor of any other parts or components that might interfere with any function- or business-related aspects.
(4) The User will be liable for any use in violation of these General Terms and Conditions and for any improper or illegal use of the PBKGB and of the image files made available there. The User will be solely responsible for the captioning of image files downloaded from the PBKGB.
(5) Should the User nevertheless use the downloaded image files in an unauthorised manner, s/he undertakes to fully indemnify and hold Kaunertaler Gletscherbahnen GmbH harmless for any resulting damage and/or claims by third parties.
(6) Furthermore, s/he will indemnify and hold Kaunertaler Gletscherbahnen GmbH harmless should third-party claims be brought against Kaunertaler Gletscherbahnen GmbH that arise from the use – including permitted use – of the image files.
III. Restrictions on use
(1) Prohibition of damage to reputation: image files downloaded by the User from the PBKGB may not be used in a manner that might harm the name or reputation of Kaunertaler Gletscherbahnen GmbH, the tourist destinations in the Region or any other public or private entity whose legal representative or decision-maker is directly or indirectly the Region.
(2) Prohibition of direct commercial use: image files downloaded by the User from the PBKGB may furthermore not be used for any direct commercial purpose, i.e. image files downloaded from the PBKGB may not be used for merchandising purposes as part of a product intended for sale (e.g. a T-shirt bearing an image file from the PBKGB). The use of image files for advertising purposes is however permitted (e.g. use of image files from the PBKGB in an advertising brochure), as in this case the image files from the PBKGB or the hosted image archives are only used to market a product or service, but not directly as part of the sale of specific products (permitted indirect commercial uses). In case of doubt, prior written permission for use must be obtained from Kaunertaler Gletscherbahnen GmbH.
(3) Limitation on communicated content: images downloaded by the User from the PBKGB may only be used in conjunction with Kaunertaler Gletscherbahnen GmbH, i.e. images of the Region (Kaunertal) may not be used in such a way that an undiscerning observer might believe they relate to another Tyrolean region or to a region outside Tyrol. In the event of commercial use, the image files may only be used to advertise Kaunertaler Gletscherbahnen GmbH as a tourism and business location. The User must in addition observe the code of ethics of the Austrian Advertising Council.
(4) Prohibition of processing: no processing, in particular the distortion of image files by means of copying, re-photographing, photocomposing, electronic aids or in any other way is permitted (prohibition of processing). Excerpts may be shown provided that the expressiveness of the image remains unchanged.
(5) Protection of personal rights: the use of image files in conjunction with texts that might harm or damage the interests of the persons shown in the image files is not permitted and may make the User liable for damages. The personal rights of the persons shown may in no way be negatively affected or harmed by the use of images. The use of image files in erotic, criminal or other objectionable contexts, as well as any use that might denigrate minorities, or ethnic, religious or other groups, or that is likely to hurt the feelings/beliefs of the members of such groups is also prohibited.
(6) Use for journalistic purposes: the use of image files from the PBKGB for journalistic purposes is permitted without prejudice to the preceding paragraphs. The User is obliged to adhere to the journalistic principles of the Press Council (press code).
(7) Obligation to delete: image files must be removed from all data storage media immediately after use (obligation to delete).
(8) Prohibition on archiving and distribution: no archiving of image files by the User and/or third parties, nor any distribution of image files to third parties, except as necessary for the User’s own advertising purposes (e.g. to advertising agencies, booking platforms, Facebook), is permitted. Graphics and advertising agencies are therefore requested to contact Kaunertaler Gletscherbahnen GmbH directly even where the images have been transmitted in accordance with this provision.
(9) Contractual penalty: should image files from the PBKGB be used in breach of the above provisions of these General Terms and Conditions, the User must in each individual case pay to Kaunertaler Gletscherbahnen GmbH a contractual penalty of € 3,000 (in words: three thousand euros) within 14 days of the latter’s demand. Further claims may be asserted by Kaunertaler Gletscherbahnen GmbH, while use of the images may be prohibited. Any profit made by a User through direct commercial use that is not permitted under Section IV , paragraph (5) must be paid over to Kaunertaler Gletscherbahnen GmbH. In this case the User will be obliged to submit accounts for these transactions to Kaunertaler Gletscherbahnen GmbH.
IV. Rights of use
1) Downloads of image files from the PBKGB mean that Kaunertaler Gletscherbahnen GmbH will in principle only grant a (non-exclusive) licence to use the works. This applies in particular to image files whose image content represents a work (e.g. works of the visual and/or performing arts). The use of such image files may require the consent of the author or other holders of rights to the work shown in the image file. The User must him/herself obtain the relevant information and any necessary consent. This also applies mutatis mutandis to the consent of any person depicted in an image file or to the obtaining of permission to publish image files from collections, museums, etc.
(2) Image files from the PBKGB are only made available for use by Kaunertaler Gletscherbahnen GmbH in accordance with the permissible purpose specified in the request.
V. Copyright identification (photo credits)
(1) Kaunertaler Gletscherbahnen GmbH expressly requires a source and copyright notice to be given, i.e. “Source: Kaunertaler Gletscherbahnen GmbH / Author (name of author)”, so that there can be no doubt about the attribution of the respective image (photo). The above obligation forms part of the licence agreement. The User must indemnify Kaunertaler Gletscherbahnen GmbH for any third-party claims arising from any omission of copyright notices.
(2) Paragraph (1) also applies to advertising, appearances in television programmes and films or other media unless an express special agreement has been reached.
(3) Unless specifically stated above, all use is subject to the provisions of Austrian copyright law.
(4) A complete specimen copy of every printed publication must be sent, unsolicited and free of charge, to Kaunertaler Gletscherbahnen GmbH, indicating exactly which image (photo) has been used in which publication and at which location therein.
VI. Term/termination of the contractual relationship
(1) This User agreement is concluded for an indefinite term. The User is entitled to terminate the contractual relationship at any time by sending an email to email@example.com. Kaunertaler Gletscherbahnen GmbH is entitled to terminate the contractual relationship with a notice period of one month from the end of each month without the need to give any reason.
(2) Kaunertaler Gletscherbahnen GmbH is entitled to cancel this user agreement without notice if there is an important reason.
VII. Place of jurisdiction, miscellaneous
(1) Ancillary agreements to these General Terms and Conditions must be made in writing to have legal effect. This will also apply to any deviation from, modification to or cancellation of this requirement for the written form.
(2) It is agreed that, for all disputes arising from these General Terms and Conditions and the use of the PBKGB, substantive Austrian law (excluding reference provisions) will apply. Substantive Austrian law is also deemed to have been agreed in the event of the use of the PBKGB by foreign users.
(3) The relevant court with competence for the district of 6500 Landeck is agreed as the exclusive place of jurisdiction for all legal disputes arising in connection with these General Terms and Conditions and the use of the PBKGB.