Terms & Conditions of the Innsbruck Tourism Picture Gallery (ITPG)

I. General

1. Innsbruck and its Holiday Villages Tourist Board ("Innsbruck Tourism”) has compiled an online 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 Terms & Conditions.
2. Use in the sense of these Terms & Conditions includes any form of publication of the picture material or a part thereof. It also applies to the layout, copying, projection, reproduction, replication, printing, 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 Innsbruck Tourism online picture gallery (ITPG) 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 denied.
4. The user of the ITPG declares explicitly that he/she consents to these Terms & Conditions. User in the sense of these Terms & Conditions is anyone who obtains access to the ITPG by registration, irrespective of whether he/she downloads pictures from it or not.
5. Use of the picture files stored in the ITPG is free of charge.
6. Downloaded digitally conveyed picture material always remains the property of the author or Innsbruck Tourism.

II. Internet Data Bank

1. For access to the ITPG any visitor must first register online. After successful registration the user automatically receives a password by e-mail. The user can choose a username during the registration process. The user can look at pictures in the ITPG and can download the desired pictures after stating the purpose of use.
2. Data for the access entitlement is to be treated confidentially by the user and is not to be passed on to third parties. Should login 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 ITPG. Innsbruck Tourism 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. The user bears the costs of provider and telecommunication fees arising from any downloading.
4. Picture files in the ITPG are mostly available for download in A3/300 dpi format (print quality). All pictures are at least A5/300 dpi.

III. Liability

1. Innsbruck Tourism bears no liability whatsoever for any flaws or defects in hardware and software arising during online research, data transmission, or use of the ITPG 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 Innsbruck Tourism bear any responsibility for the suitability of a picture or the amount of data in a picture for the user's intended purpose. Innsbruck Tourism makes the online picture archive available as it is, i.e. with any flaws.
3. Innsbruck Tourism cannot guarantee that the Internet pages made available in picture files found in the ITPG are free from viruses, unauthorised programme, Java or source codes or any other components that may interfere with function or business.
4. The user is liable for any use contradictory to these Terms & Conditions and for any other misuse or illegal use of the ITPG and the pictures provided there. Should the user nevertheless use the ITPG or the pictures in an inadmissible manner, he/she undertakes to fully indemnify Innsbruck Tourism and hold it harmless for any damages arising in this way. Furthermore he/she will in general indemnify Innsbruck Tourism in respect of any claims made to Innsbruck Tourism 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 ITPG.
2. Before the user can download pictures, he/she must state the purpose and extent of use. Only subsequently will the chosen pictures be made available for downloading..
3. The registration and availability for downloading is automated which is why the data provided in article (1) and (2) of this paragraph is not verified.
4. 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.
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 passwords is not tantamount to Innsbruck Tourism’s agreement to a use contradictory to the conditions of this clause. Nor does the fact that pictures are automatically available for downloading despite the user stating an inadmissible purpose of use tantamount to Innsbruck Tourism’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 Innsbruck Tourism, the touristic aims of the Innsbruck and its Holiday Villages Tourist Board or of any other public or private institution directly or indirectly within the legal entity or authority of Innsbruck Tourism.
7. Nor may data downloaded from the online picture archive be used directly for commercial purposes, i.e. pictures downloaded from the ITPG may not be part of a product destined for sale (e.g. T-shirt with an ITPG picture). Use is, however, permitted for advertising purposes (e.g. ITPG picture in an advertising brochure) since in this case the pictures merely serve to market a product, but are not directly part of the product destined for sale (indirect commercial use). In case of doubt, written consent for use should first be obtained from Innsbruck Tourism.
   
8. 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. 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 publishing principles of the Press Council (press codex).
11. In the case of inadmissible use of ITPG pictures in contravention of the paragraphs listed above, the user must in each individual case pay Innsbruck Tourism 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 claimed by Innsbruck Tourism, so can the prohibition of use. Any profit made by a user through inadmissible direct commercial use under the terms of paragraph IV, article (4) must be transferred to Innsbruck Tourism. In this case the user is obliged to render the accounts relating to these transactions to the Innsbruck Tourism.

V. Exploitation and copyright

1. All ITPG 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 where the content is subject to a further copyright, e.g. works of fine art and representational art (logos, panoramic graphics, etc.). The redemption of the further copyrights and the obtaining of permission to publish from collections, museums etc. is the responsibility of the user. The pictures are only made available by Innsbruck Tourism 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. Innsbruck Tourism 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 Innsbruck Tourism from claims of third parties arising from neglect of copyright notice. "Innsbruck Tourism/photographer’s name" 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.

VII. Place of jurisdiction, 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 ITPG. The applicability of Austrian law is also agreed upon when the ITPG is used by users abroad.
3. The court of law competent for 6020 Innsbruck is agreed upon as the exclusive venue for any legal disputes arising from the agreed use of the ITPG on the basis of these Terms & Conditions. Innsbruck Tourism can, however, prosecute the user at another legal venue in Austria or abroad.
4. Inasmuch as any condition in these Terms & Conditions is invalid, Innsbruck Tourism 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 Terms & Conditions shall be transferred to any legal successors of Innsbruck Tourism.