General Business Conditions
of the Kitzbühel Tourismus on-line picture archive

l. 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 carries, 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, 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 Kitzbühel Tourismus.

ll. Internet Data Bank.

(1) The user has no claim to permanent accessibility of the KTOPA. 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.

(2) The image files in the KTOPA can only be downloaded in the available formats. Should a user require a picture in higher resolution or a different format, 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. Kitzbühel Tourismus bears no liability for any eventual damage due to its own action or to the assigned third party or to non-fulfilment of the order.

(3) Picture files in higher resolution or a different format are ordered online via the Kitzbühel Tourismus website or via info@kitzbuehel.com.

(4) Kitzbühel Tourismus is under no obligation to provide the picture files in a format or higher resolution as existing, by storage on a compact disc or in any other way to accept orders for pictures 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 (2) 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.

(5) When ordering pictures on compact disc, the user is responsible for all costs (in particular costs of     transport and production) arising to Kitzbühel Tourismus itself or to the third party assigned by Kitzbühel Tourismus by way of the services performed in article (2) 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.

lll. Liability.

(1) 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 Kitzbühel Tourismus bear any responsibility for the suitability of a picture or the data amount of a picture for the user’s intended purpose. Kitzbühel Tourismus makes the on-line picture archive available as it is, i.e. with any eventual flaws.

(3) 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 ll, article (2) 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 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 Kitzbühel Tourismus in respect of any claims made on Kitzbühel Tourismus arising from any use, even when it is permitted.

IV. Limitation of use.

(1) 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, 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.

(2) Files downloaded from the online photo archive may not be used for commercial purposes, e.g. the may not be incorporated in a product to be offered for sale (e.g. a T-shirt with a KTOPA image), nor may they be employed for advertising purposes (e.g. a KTOPA image in a promotional brochure). In cases of doubt, written authorisation to use an image must be obtained in advance from Kitzbühel Tourismus.

(3) 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.

(4) 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 the people pictured be touched upon in a negative manner or impaired.

(5) Use for journalistic purposes is admissible notwithstanding the previous paragraphs (3), (4) and (6). The user is obliged to observe the publicistic principles of the Press Council (press codex).

(6) In the case of inadmissible use of the KTOPA pictures in contravention of the paragraphs listed above, the user must in each individual case pay Kitzbühel Tourismus a contractual penalty of EUR 3.000,00 (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 2005). Any damages exceeding that amount can be asserted by 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 (2) must be transferred to 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 Kitzbühel Tourismus for use according to the purpose of use given upon mail, 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) 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 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 state 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. 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, Kitzbühel Tourismus and the user herewith explicitly undertake to arrange legally effective conditions which are as close as approximation as possible of the economic purpose of the invalid condition. The effectiveness of all other conditions is not affected by the ineffective conditions.

(5) All rights and obligations arising from these General Business Conditions devolve upon any legal successors of Kitzbühel Tourismus.

February 2011.