Terms of Use

Online Image Database of BAYERN TOURISMUS Marketing GmbH

The internet site www.bilder.bayern.by and www.pictures.bavaria.by of BAYERN TOURISMUS Marketing GmbH shall be used on the terms set out below exclusively.

1.) Conclusion of contract

1. The presentation of the images and services on the online website of BAYERN TOURISMUS Marketing GmbH is not a binding offer. The offers are subject to confirmation and are without obligation.
 
2. The order placed by a user via the internet, in writing, by telephone or verbally and received by BAYERN TOURISMUS Marketing GmbH is a binding offer.
 
3. The order is binding for BAYERN TOURISMUS Marketing GmbH only if it is confirmed in writing or executed by sending the goods. The user waives a declaration of acceptance in this connection.

2.) Specifications and rights of use

    1. The images provided on the domain www.bilder.bayern.by and www.pictures.bavaria.by may be downloaded free of charge in compliance with the Terms of Use.
 
    2. During registration you must enter your name, organisation, postal address and email address. Approval is given following confirmation of the data entered.
 
    3. Use is then free and permissible, if during download or the registration all the data is complete and correct and the purpose of the use is permitted in accordance with the following paragraphs of this contract article. If the purchaser's entries do not correspond the real usage type or the real usage does not meet the real use given by the purchaser, the consent given is not considered valid.
 
    4. The user shall treat the data for access authorisation confidentially and not disclose them to third parties. If the access data should be misused through the fault of the user, the user shall be liable for any damage that occurs.
 
    5. Prior to downloading an image or a shopping basket with images BAYERN TOURISMUS Marketing GmbH must be notified of the type, scope and dissemination of the intended use of each image. If the details provided by the user do not conform with the actual type of use or if the user is pursuing an inadmissible purpose of use, the consent for use is considered not given.
 
    6. Based on the truthful details on use, BAYERN TOURISMUS Marketing GmbH then grants to the ordering party, depending on the requirements of the photographer (author) or the image owner, a one-time, gratuitous, simple, non-transferable right of use with restricted contents and limited to three years for use for print and multimedia. In case of multimedia use, e.g. web pages, video transmissions, multimedia presentations, CD-ROMs etc. the image may only be integrated such that it cannot be downloaded or copied.
 
    7. The usage right only includes the journalistic and touristic use of images corresponding to the following legal stages as listed:
  • Images with a blue or yellow frame = use of the image materials for the purpose of advertising and public relations for the tourism and leisure area of all Bavaria (for trips to and in Bavaria), corresponding to the provisions of the following article (8).
  • Images with an orange frame = exclusive use of the images for advertising and public relations purposes for the product or service of the owner of the image (example: image of the owner of the image of the Example hotel may only use it for the Example hotel and not with other hotels in Bavaria)
 
    8. Use free of charge in accordance with the terms named above includes the following directives and exceptions:
  • The design and development of tourist-related offers pertaining to Bavaria and other promotional publications by domestic and foreign tour operators, travel agencies, air carriers, rail and coach services, cruise lines, hotels, trade fair, congress and conference organisations, incoming agencies and similar businesses.
  • The design and conception of written contributions pertaining to Bavaria on the TV, internet, in newspapers, journals, illustrated magazines and brochures (basic principle: text/film context accompanying the image must be of an informative, tourist-related and - in the broadest sense - promotional character).
  • Promotional support of conferences, congresses, trade fairs and exhibitions in Bavaria. This also includes advertising measures promoting cultural institutions and associated events in Bavaria (e.g. art exhibitions, theatre, concert and sporting events) as well as traditional and seasonal activities held annually (e.g. October Festival, Christmas markets etc.), provided that the advertised product is nothing other than the event itself.
 
    Subject to a separate agreement on use:
  • The promotional support of the offers of business enterprises, clubs, associations and private individuals outside the tourist sector for corporate and product advertising to support their sales and image interests, provided that they use the film and image material for Bavaria as a tourist location in an image-promoting fashion (e.g. portrayal of Bavaria and destinations in Bavaria in image brochures or to portray the image of Bavaria in brochures for product ranges).
  • Use by image, book and corporate publishing houses in order to prepare travel guides, company magazines and other corporate publishing products.
 
    Exclusions from cost-free use:
  • Any type of use in which the image primarily serves as a basis for generating business profits. This is especially the case with postcards, calendars, picture books, posters, bills (with the exception of tourist-related billboards) and similar objects.
  • Any use of image material as a creative support for product or service presentations outside of the tourism industry, to the extent that these use the film and image material solely to support their sales interests (e.g. as a background motif for product presentations, packaging design etc.).
  • Use of the image data in connection with a negative portrayal of the federal state of Bavaria, the image owner or the tourism and leisure sector in general or for the indirect or direct promotion or production of a mental association with products, natural or legal persons that have not expressly agreed to such use.
  • Any use whatsoever of the film and image data to defame or disparage products as well as natural or legal persons.
  • Use in connection with a possibly sensitive topic, including but not limited to, sex, contraception, abuse, family violence, diseases, cancer, aids, drug abuse, alcohol, cigarettes and similar.
  • Use for pornographic purposes.
 
    9. The rights of use granted upon providing the image material apply only for one-time use and are limited in time to a period of 3 years.

3.) Copyright

    1. The image motifs on loan always remain the property of BAYERN TOURISMUS Marketing GmbH and the tourist organisations and photographers that provided the images for the image database.
 
    2. All the images of the database are globally protected by copyright. BAYERN TOURISMUS Marketing GmbH and its licensors hold the required rights to the images. Only the rights to the one-time use for the agreed purpose of use are transferred to the user and the database.
 
    3. The passing on, particularly in online systems, the sale, the renting out and the sub-licensing of the image material to third parties is prohibited. The only exception is the passing on of images to which the user has acquired a right of use for the purpose of processing (e.g. advertising agency, printers, graphic artists, web page designer etc.).
 
    4. However, service companies and publishing houses whose purpose is to create advertising media/advertisements (hereinafter referred to as service provider) acquire the right of use to the respective use for media and advertising measures only for a specific customer. This means that the aforementioned agreements apply accordingly subject to the condition that service providers may not use the rights of use acquired for the respective customer for their own purposes and for other customers.
 
    5. All downloaded images shall be deleted immediately after use. The electronic storage of image files for personal archiving purposes is prohibited. The production of copies of the image material provided for use free of charge for personal archiving purposes is prohibited. This also applies to the companies engaged by the user for publication or reproduction purposes.
 
    6. Under the German Copyright Act the user is obliged to add a copyright notice to any image published. The copyright notice for publications reads as follows: "Image owner/name of photographer (if available)" - also see IPTC information in the image file. Every image must be clearly identifiable. Reference shall preferably be made in close proximity to the image in question or within a separate photo index, including the respective page number. Should the user fail to provide such reference, we reserve the right to impose a penalty on the user in accordance with no. 12, unless the user furnishes proof that no or less damage occurred. Stating a collective source for one print of several motifs is not permitted.
 
    7. A complete specimen copy with the image material published shall be provided of each publication in print unrequested and free of charge to BAYERN TOURISMUS Marketing GmbH in accordance with Section 25 of the Act on the Publisher's Right of Publication dated 19 June 1901 (Reich Law Gazette p. 217). In the event of an infringement of this duty, the user may be excluded with immediate effect from further use of the image database.
 
    8. Any distortion, alienation, change in meaning or falsification of the copyrighted material (film and image data), for example by copy-drawing, re-photographing, photo-composing and other changes by photomechanical or digital means, is prohibited and shall entail claims for damages. Any exceptions require the prior written approval of BAYERN TOURISMUS Marketing GmbH and the respective image author.

4.) Order, costs and fees for use

    1. As a basic principle, the image archive of BAYERN TOURISMUS Marketing GmbH contains free image motifs. Any images subject to a charge are shown in the database by an appropriate price and a €-symbol.
 
    2. The following data can be procured from the database:
  • High-resolution data: max DIN A5, 300 dpi resolution, jpg file, file size max. 20 MB
  • Layout data: 400 x 400 pixels, 72dpi resolution, jpg file

5.) Indemnification from third-party claims

BAYERN TOURISMUS Marketing GmbH shall be indemnified from any and all third-party claims which are based on the use of an image which does not belong to the applications which are expressly permitted through this agreement.

6.) Liability

    1. The liability of BAYERN TOURISMUS Marketing GmbH is limited to intent and gross negligence. BAYERN TOURISMUS Marketing GmbH assumes no liability whatsoever for the usability/marketability/merchantability of the images for a specific purpose.
 
    2. For any damage or loss of data (e.g. electronic image files) on the user's own data media or on the data media of BAYERN TOURISMUS Marketing GmbH and on electronic data transmission paths and networks, liability shall only be assumed for costs which are incurred for the restoration of the data from suitable data back-ups with reasonable efforts.
 
    3. Unless stated otherwise below, any further claims are excluded. BAYERN TOURISMUS Marketing GmbH is thus not liable for damage which did not occur to the supplied images themselves. In particular, no liability is assumed for lost profits or for other financial losses.
 
    4. The above limitations of liability do not apply if the cause of the damage is based on intent or gross negligence of BAYERN TOURISMUS Marketing GmbH or its representatives or vicarious agents or if BAYERN TOURISMUS Marketing GmbH culpably infringes an essential contractual duty. The duty to compensate other damage occurring as a result of simple negligence is limited to the compensation of typical and foreseeable damage. The duty to pay damages for physical injury caused through the fault of BAYERN TOURISMUS Marketing GmbH is unlimited in terms of amount.

7.) Duties of the user

Even if the ordering party/user is acting on behalf of a third party, he is liable particularly for:

    1. any fees for use incurred in full,
 
    2. any possible infringement of the personal rights of the persons depicted in an image by use of the image not approved by BAYERN TOURISMUS Marketing GmbH,
 
    3. the unauthorised reproduction and/or passing on of the image material to third parties. In this case BAYERN TOURISMUS Marketing GmbH shall charge a customary surcharge of 100% on top of the fee agreed or to be claimed for the unauthorised use of copyrighted works and shall bar the user from any further use of the image database with immediate effect.

8.) Compliance with the press code

Users are obliged to observe the basic principles on publications of the German Press Council (press code). Furthermore, users are responsible for all accompanying texts and captions. BAYERN TOURISMUS Marketing GmbH assumes no liability for any breaches of general personal rights or copyright infringements caused by the unauthorised, immoral and unintended use of film/image and text material on loan. The same applies to any derogatory portrayal of individuals depicted in/on the films/images on loan. The user is solely liable for damages caused to any third parties due to an infringement of such rights. Moreover, in such cases, users are obliged to release byTM from any third-party claims and to compensate the costs of legal defence to a reasonable extent.

9.) Terms of delivery

    1. The delivery obligation of BAYERN TOURISMUS Marketing GmbH is suspended for the period in which the user is in arrears with a liability.
 
    2. BAYERN TOURISMUS Marketing GmbH is entitled to effect partial deliveries.

10.) Data processing and data protection

    1. BAYERN TOURISMUS Marketing GmbH saves personal data on the customer arising during the performance of the contract with automated data processing in an image database server of Teamware GmbH Munich, Germany.
 
    2. BAYERN TOURISMUS Marketing GmbH shall collect, process or save the customer data arising during orders only in connection with the BAYERN TOURISMUS image archive or use such customer data for research and market research purposes for the image archive.
 
    3. The data shall not be disclosed to third parties for advertising purposes, unless the customer gave his prior consent in writing or by an electronically secure channel.

11.) Miscellaneous

BAYERN TOURISMUS Marketing GmbH operates this website in Germany. Unless separately stated above, any and all use is carried out in compliance with the provisions of the German Copyright Act. German law applies to deliveries from abroad. At all events the place of jurisdiction and the place of performance is Munich, Germany.

Should a provision of these Terms of Use be invalid, this shall not affect the validity of the remaining provisions. In lieu of the invalid provisions, a provision shall apply which the parties would have intended based on the spirit and purpose of the agreement if they had known of the invalidity.

Supplementary agreements to these terms of contract must be in writing to become legally effective. This also applies to any departure from, an amendment to or the cancellation of this written form requirement.

In the event of any unauthorised use of the images contrary to the paragraphs of this clause listed above, the user shall pay a penalty of €3,000 (in words: three thousand euros) in each individual case to BAYERN TOURISMUS Marketing GmbH within 14 days from the date of the demand to do so. BAYERN TOURISMUS Marketing GmbH may assert a claim for further damage beyond this and may demand that the user ceases use. Any and all profit which a user gained from unauthorised direct commercial use shall be paid over to BAYERN TOURISMUS Marketing GmbH. In this case the user is obliged to render the accounts for these transactions to BAYERN TOURISMUS Marketing GmbH.

12.) Contacts

If you are unsure of your rights under this agreement or if you wish to use an image in a manner that is not permitted under the agreement, please contact BAYERN TOURISMUS Marketing GmbH:

BAYERN TOURISMUS Marketing GmbH
Arabellastraße 17
81925 München
Deutschland
Telefon: +49 (0)89 212397-0
Telefax: +49 (0)89 212397-99

partner@bayern.info
www.bavaria.by
www.pictures.bavaria.by

13.) General

All agreements made between BAYERN TOURISMUS Marketing GmbH and a user to place an order for image(s) are set down in writing in the present terms of supply and sale (General Terms and Conditions). Terms of the user to the contrary are hereby objected to also for future transactions. Deviations from the General Terms and Conditions of BAYERN TOURISMUS Marketing GmbH must be confirmed in writing for the validity of each individual transaction.

BAYERN TOURISMUS Marketing GmbH has the right to unilaterally amend the General Terms and Conditions also for existing contracts if when taking account of the interests of BAYERN TOURISMUS Marketing GmbH the amendment can be reasonably expected of the user. An amendment can be reasonably expected particularly if an amendment remains without any essential commercial disadvantages for the user. The user shall be informed of amendments in writing or by e-mail. The amendment becomes valid if the user does not object within six weeks after sending the information. In case of any objection BAYERN TOURISMUS Marketing GmbH is entitled to terminate the contract.

Munich, November 2018