Carinthia - The joy of living

MEDIAARCHIVE

General Terms and Conditions of Business (Terms)

Kärnten Werbung Marketing & Innovationsmanagement GmbH
Online Media Archive
(KWOMA)

Kärnten Werbung Marketing & Innovationsmanagement GmbH
Vö̈lkermarkter Ring 21 - 23, 9020 Klagenfurt, Austria

Contact for any queries:

Email: katharina.kavalar@kaernten.at, Tel.: +43 / 463 / 3000-47


I. General

(1) Kärnten Werbung Marketing & Innovationsmanagement GmbH (“Kärnten Werbung”) has set up an online media archive as an Internet database containing digital media, currently pictures, video and audio files, which serve for tourism-related advertising of the tourism region Carinthia.

(2) Within the framework of these Terms, and subject to the provisions in Point IV. of these Terms, these media can be downloaded and used free of charge by users exclusively for tourism-related advertising of the tourism region Carinthia.

However, the picture material must not be used for advertising products outside the Carinthian tourism industry without the separate written permission of Kärnten Werbung. If users intend to use the pictures for non-tourism related use, the rights of use can be acquired directly from the respective institution/picture author (for this please note the corresponding copyright notice). Kärnten Werbung will be pleased to assist in making contact.

(3) Use within the meaning of these Terms means any form of publication of the picture material or a part thereof. Use is further deemed to be any layout, copy, projection, reproduction, printing, scanning, reproduction and storage of the media material on electronic data carriers, even if this only involves parts of media.

(4) Use of the “Kärnten Werbung Online Picture Archive” (KWOMA) takes place solely on a non-binding and non-exclusive basis on the terms and conditions of business below. In particular, the restrictions on use (see Point IV. Scope of use and restrictions on use) and the labelling requirement (= correct indication of the author, see Point VI. Labelling requirement in respect of copyright) must be strictly complied with. Any divergent terms and conditions of business of the user are hereby expressly contradicted.

(5) A user within the meaning of these Terms is anyone who obtains access to KWOMA by registering, irrespective of whether or not they download media therefrom or not. Every user of KWOMA expressly declares that they agree to these Terms.

(6) Use of the media files stored in KWOMA takes place strictly free of charge provided these Terms are complied with, in particular the restrictions on use and the labelling requirement/indication of the author. This excludes all activities on out-of-home media (outdoor advertising) and advertising campaigns. Express written permission is required from Kärnten Werbung or the picture author depending on the intended use.

(7) All digital media material downloaded remains the property of the picture author or of Kärnten Werbung at all times.

(8) Kärnten Werbung remains at liberty to refuse orders without stating the reasons, or to restrict or withdraw the right of use.

II. Internet database

(1) Every user must register online for access to KWOMA. Once registration has taken place, the user shall automatically receive their individual logon details.

(2) The data for access authorisation must be treated as confidential by the user and must not be passed on to third parties. If the logon details are misused due to the user’s fault, the user shall be liable for the damages resulting therefrom.

(3) The user does not have any claim to KWOMA being permanently accessible. Kärnten Werbung remains free at all times to temporarily or permanently shut the server down and change, delete or extend the content stored on it. Users must obtain the required Internet browser software themselves. Users themselves bear the costs incurred in terms of provider and telecommunication charges when downloading.

(4) By providing their data, the user authorises Kärnten Werbung to store their download files and process their data in anonymised form for the statistical and advertising purposes of the businesses affiliated with it.

III. Liability

(1) Kärnten Werbung does not accept any liability for hardware and software faults and defects arising during online searches, data transmission or use of KWOMA or for other damage, in particular also such damage as arises during the use of the data carrier used by the third party for the storage of picture files.

(2) Kärnten Werbung does not accept any liability for the suitability of a medium for the purpose pursued by the user. Kärnten Werbung makes the Online Media Archive available as it is, and does not accept any liability for any defects.

(3) Kärnten Werbung is unable to guarantee that the Internet sites made available and the media files in KWOMA are free from viruses, unauthorised programme, Java or source codes, or possible other parts or components which might disrupt functionality or business.

(4) The user is liable for any use of KWOMA which is contradictory to these Terms or any other improper or unlawful use of KWOMA and the media provided there. If the user should, however, use KWOMA or its media in an incorrect manner, the user undertakes to fully indemnify Kärnten Werbung and hold it harmless for any damage arising due to this. The user shall furthermore indemnify Kärnten Werbung and hold it harmless insofar as claims are brought against Kärnten Werbung from their use, including permitted use.

IV. Scope of use and restrictions on use

(1) DThe files downloaded from KWOMA themselves serve for the one-off, personal use by the user and must be deleted immediately after use. Archiving is not permitted.

However, these files must not be used directly or indirectly for commercial purposes, i.e. media downloaded from KWOMA must not be part of a product intended for sale (e.g. a T- shirt with a picture from KWOMA, books, travel guides, advertising motif for a product of a non-tourism company, etc.), or used in other form for the purpose of advertising or sales promotion for a company that does not correspond to the terms of use.

For commercial purposes, the express written permission of Kärnten Werbung or the picture author is required. However, use is permitted for advertising communication of the tourism region Carinthia in tourism advertising brochures (hotels, tourism associations, etc.) and on online platforms, as here the pictures from KWOMA serve for the marketing of the tourism region Carinthia, but do not directly form part of the product intended for sale (indirect commercial use).

In case of doubt, written permission for use should be obtained from Kärnten Werbung beforehand.

(2) The files downloaded from KWOMA must not be used improperly in a manner that is likely to interfere with the rights of third parties or damage the reputation and standing of the province of Carinthia, Kärnten Werbung, the tourist destinations in the province of Carinthia or any other public or private establishment whose legal entity or decision-making body is directly or indirectly the province of Carinthia. It is generally forbidden to use the picture material for advertising holiday destinations other than Carinthia.

(3) The picture user must ensure that the picture material used conforms geographically with the place advertised. In case of doubt please consult Kärnten Werbung. The picture user alone is liable for the illustration being of the same place as that advertised, and undertakes to indemnify Kärnten Werbung and hold it harmless from any use in this respect by third parties.

(4) The use of the media in erotic, criminal or other offensive contexts is also not permitted, nor are uses that denigrate minorities, ethnic, religious or other groups, or that are likely to violate the feelings or views of members of these groups. Furthermore, in no event must the personal rights of the persons shown be affected negatively or adversely.

(5) The permission for use granted by Kärnten Werbung applies only for a certain period of time. Unless agreed otherwise in writing, the period of use shall end 6 months after the download at the latest.

(6) Any processing is forbidden, especially the misrepresentation of the pictures by copying, subsequent photography, photo composition, electronic means or any other way. It is also not permitted to use parts of pictures. Pictures or media (videos and text files) must therefore only be used as a whole and unprocessed within the context of free use. Exceptions require separate written permission to be obtained prior to use.

Falsifications of photos and texts that might lead to the vilification of the persons shown are not permitted and shall render the user liable for damages.

(7) The user must provide their personal details when registering. The user shall only receive access to KWOMA after registering.

Use is only permitted when all the details provided on registration are correct and complete, the purpose of use indicated before downloading the media conforms to the actual use by the user, and the purpose of use is permissible in accordance with the following paragraphs.

(8) If the details provided by the user do not conform to the actual form of use or if the user pursues an unlawful or otherwise inadmissible purpose, the agreement to use shall be deemed not to have been issued. The automated transmission of the user name and passwords shall not count as consent by Kärnten Werbung to use that contradicts one of the provisions of this point of the agreement. The automatic release of media for download despite an inadmissible purpose being stated by the user also does not count as consent.

(9) Use for journalism purposes for reporting on the tourism region Carinthia is permitted without prejudice to the above paragraphs. The user is obliged to observe the publishing principles of the press council (press code). In the event of intended non-tourism related use of the pictures, the rights of use can be acquired directly from the respective institution/respective picture author (please note the corresponding copyright notice). Kärnten Werbung will be pleased to assist in making contact.

V. Rights of use and copyrights

(1) All media from KWOMA must be treated as originals. Strictly only a limited authorisation of use of the media copyright is transferred. This applies in particular to pictures or video files which in terms of their picture content are subject to further copyright protection (e.g. works of the visual and performing arts). The redemption of the further copyrights and the obtaining of permission for publication from collections, museums etc., is the responsibility of the user. The pictures are only made available by Kärnten Werbung for use for the permissible purpose indicated on registration, and must be removed from all data stores once such use has been made thereof.

(2) Archiving of the picture material or passing it on to third parties is not permitted.

(3) The user bears the sole responsibility for the wording used (see Point VI. Labelling requirement in respect of copyright).

(4) For every use, Kärnten Werbung requests that reference be made to the source (copyright notice) in such a way that there can be no doubt as to the allocation of this to the respective picture or other medium. If the copyright notice should not be evident, please ask Kärnten Werbung. The absence of the name does not absolve you from the obligation of providing a correct and complete picture credit.

VI. Labelling requirement in respect of copyright

(1) Unambiguous allocation of the photo(s) to their respective producer can take the form of:

a) The name of the photographer directly on or alongside the picture or
b) a clear reference on the same page as the published picture or
c) a clear reference in the legal information stating the page and position.

It should be noted that one of the above permitted ways of referring to the producer must also be used in the case of electronic use (Internet).

An unambiguous copyright notice for the respective producer of the photo(s) takes the following form:

©Name of the photographer/Kärnten Werbung or ©Name of the photographer/KW

(2) Collective picture credits are only sufficient in this respect provided they also permit allocation to the respective picture free from any doubt. The user must release Kärnten Werbung from any third-party claims resulting from the omission of the copyright notices.

(3) Paragraph (1) also applies to advertising, insertions in television programmes and films or other media unless any express special agreement has been made.

(4) Unless stated especially above, any use is subject to the provisions of the Austrian legal system, in particular the Copyright Act [Urheberrechtsgesetz] and the laws on competition.

(5) Proof of publication (specimen copy): one complete specimen copy of every publication in the form of a pdf file and (insofar as available) one copy of the printed form of use must be sent back unasked and free of charge to Kärnten Werbung.

If the picture material is used in electronic form (Internet), in addition a direct link to this use must be provided.

VII. Place of jurisdiction, miscellaneous

(1) Subsidiary agreements to these contractual conditions must be in written form in order to be legally effective. This also applies to the departure from, modification or waiving of this requirement for the written form.

(2) It is agreed that Austrian substantive law shall be applicable to disputes arising from the use of KWOMA. The application of Austrian law is also deemed to have been agreed when KWOMA is used by foreign users.

(3) It is agreed that the exclusive place of jurisdiction for all disputes from use agreed on the basis of these Terms shall be the court with competence for the matter for 9020 Klagenfurt. Kärnten Werbung can, however, take legal action against the user at a different place of jurisdiction in Austria or abroad.

(4) Insofar as one provision of these Terms is null and void, Kärnten Werbung and the user hereby expressly undertake to agree on legally effective provisions which come as close as possible to the economic purpose of the invalid provision. The effectiveness of all the other provisions shall not be affected by the ineffective provision.

(5) All rights and duties from these Terms shall pass to any legal successors of Kärnten Werbung.