TERMS & CONDITIONS OF USE OF THE PHOTO DATABASE

1. General

About the Austrian National Tourist Office photo archive: The Austrian National Tourist Office is an association whose purpose is to promote tourism in Austria and safeguard the interests of Austria’s provinces in the field of tourism.

All agreements with the Austrian National Tourist Office in connection with the photo archive must be in compliance with the association’s objectives, namely to promote the image of the Republic of Austria, the Austrian National Tourist Office and Austria’s tourist industry.

Users of the photo archive are deemed to have agreed to these general terms & conditions. Any deviations from these general terms and conditions and the agreed end-user license agreement will be permitted only if explicitly agreed upon in writing.

The Austrian National Tourist Office owns a photo database containing numerous themes associated with the promotion of tourism in Austria.

The Austrian National Tourist Office maintains this photo database not only for the production of its own advertising material, but also, under the agreed terms and conditions, makes this photographic material available to other interested parties for their own purposes – provided these do not conflict with the Austrian National Tourist Office’s stated mission and objectives.

The Austrian National Tourist Office’s currently available photographic themes are stored on the internet at www.views.austria.info, where they can be viewed and selected.

There are various themes available, according to the purpose specified by the customer, who is also responsible for ensuring that he/she specifies the correct purpose of intended use as well as their profession and industry sector.

2. Ordering photographic material

The precondition for ordering photographic material is the provision of factual information about the nature and scope of the intended usage and factual information about the customer’s profession and industry sector.

The Austrian National Tourist Office reserves the right to refuse orders without explanation, or to restrict the end-user license. Subject to these provisions, customers may order and obtain the desired photographic material by placing a written order with the Austrian National Tourist Office.

The Austrian National Tourist Office will be pleased to provide information about current prices for use of photographic material, any transport costs, and terms of the end-user license agreement (see Section End-user License Agreement for further details).

Photographic material on the desired themes can be ordered online at www.views.austria.info.

3. End-user license agreement

The written end-user license agreement issued to you is limited to one-time usage exclusively for the agreed purpose. The license is limited to one year. The end-user license lapses if not utilized within this period.

The end-user license only covers usage of these photographs in the form provided. Under no circumstances does it cover editing or alteration of the photographs, which may be used exclusively for the agreed purpose.

Transfer of the end-user license to a third party is explicitly prohibited without the prior written consent of the Austrian National Tourist Office.

The photographic material may not be used for any purpose running contrary to the mission and objectives of the Austrian National Tourist Office. The user is obliged to use the images exclusively for the purposes of journalism, in connection with editorial reporting of Austria as a tourist destination.

The Austrian National Tourist Office is the rightful owner of the copyright of all photographs in the photo database bearing the trademark “© Österreich Werbung”.

The copyright of all other photographs, in particular reproductions of works of art, is generally held by the museum or collection that owns the original. These photographs also bear the explicit note “No commercial advertising”.

The customer undertakes to attribute the photographs, in accordance with copyright law, to both the photographer and the Austrian National Tourist Office.

The copyright note is specified on each image and must be reproduced word for word alongside the printed photograph. See Section Photo Credits for further information.

Photographs for which the Austrian National Tourist Office does not hold the copy-right rights may be used exclusively in the field of tourism and only with the permission of the museum or art collection involved. If such photographs are intended for non-tourism purposes, the rights must be obtained directly from the museum or art collection involved.The Austrian National Tourist Office will be pleased to provide you with the name of the contact in each case.

In accordance with § 24 of the Copyright Act, all users obtaining photographic material from the Austrian National Tourist Office and wishing to use it for their own purposes are given a limited, one-time end-user license agreement restricted to the agreed purpose and period. This precludes multiple usage or passing on the photographic material to third parties.

The license agreement issued by the Austrian National Tourist Office is valid only for a specific period of time. Unless otherwise agreed in writing, this period of time will expire no later than one year after downloading or delivery of the photographic material, calculated from the date of the invoice in the case of downloads or the date of the delivery note issued by the Austrian National Tourist Office or its agents.

4. Important restrictions – non-commercial

Without the prior written permission of the Austrian National Tourist Office, the photographic material may not be used for commercial advertising purposes over and above direct image advertising for tourism to Austria and for Austrian tourist accommodation providers and services, and specifically not for advertising products, goods and services unconnected with the Austrian tourism industry.

Images showing people where individual persons are the main focus of the photograph may only be used exclusively for the purpose of Austrian tourism and image advertising for the Republic of Austria. This also applies where the user is not separately made aware of this limitation.

The same applies to images relating to the Spanish Riding School in Vienna, the Vienna Boys' Choir, the Vienna Philharmonic, various orchestras, music ensembles, etc. Over and above this limitation, these photographs also bear the note “No commercial advertising”.

Use of the photographic material in advertising for destinations other than Austria is prohibited in all cases. The Austrian National Tourist Office expressly prohibits users from publishing the photographic material to the detriment of the reputation of Austria, or its tourism industry.

5. Photo credits

In accordance with the Copyright Act, wherever photographs from the Austrian National Tourist Office photo database are published, the owner of the copyright must always be acknowledged as the origin of the photo followed by the name of the photographer (where available) separated by a forward slash.

This information must be placed in such a manner that an observer can easily attribute the photo credit to the relevant photograph. Any user failing to publish this photo credit can expect his end-user licenses – also for other photographs – to be revoked immediately. The user will also be liable for all claims and damages whatsoever, but in particular for any third-party claims against the Austrian National Tourist Office.

6. Examples

In the bottom right corner of a photograph, e.g.:
Photo: © Austrian National Tourist Office / Gerhard Weinkirn

Or in the case of a reproduction of a work of art, e.g.:
Photo: © Kunsthistorisches Museum, Vienna

If photo credits are placed in the imprint (general notes) of the publication rather than directly in or beside the photographs, the exact location of each photograph must also be specified. It is not sufficient to provide a list of photographers without this information (e.g. photographs from A, B, C and D).

The owner of the copyright and the name of the photographer (if available) can be found in the description accompanying each photograph.

Users should refer to the Austrian National Tourist Office if the copyright information is not apparent. The absence of a name or description of a photograph does not release users from the obligation to print a correct and complete photo credit.

Once one or more photographs have been used as specified in the end-user license agreement, the customer is obliged to send the Austrian National Tourist Office at least one courtesy copy promptly after printing or other use.

The license expires once the photographic material has been used as specified in the end-user license agreement. The photographic material may not be used again.

7. Revocation of license

The Austrian National Tourist Office is entitled to revoke or restrict the end-user license at any time without giving any reason. Any payment that may have been made will be refunded.

8. Liability and guarantee

The liability and guarantee of the Austrian National Tourist Office is restricted to the inventory and the issue of end-user license agreements for the photographic material ordered. Any further liability and guarantee is precluded. Over and above this, the Austrian National Tourist Office is liable to the customer only for gross negligence. In particular, any claims for consequential damage, loss of profit or similar are excluded unless caused intentionally or by gross negligence on the part of the Austrian National Tourist Office.

Should the rights of the Austrian National Tourist Office to this photographic material be infringed by any use of this photographic material contrary to these terms and conditions, the end-user license agreement granted, or other relevant agreements, the customer may be prosecuted to cease and desist, remove the material, and publish such judgment under the terms of the Copyright Act.

9. Applicable law, legal jurisdiction

It is agreed that Austrian law will be applicable, and that the court responsible for 1010 Vienna will have legal jurisdiction.

Should the defendant have his registered offices or customary place of abode in a country in which the judgments of the courts of law of the Republic of Austria are not enforceable, at the option of the plaintiff any disputes arising out of this agreement will be resolved by a court of arbitration in accordance with the rules of the ICC. It is agreed that the court of arbitration will be convened in Vienna, that the language of the proceedings will be German, and that Austrian law will be applicable. The ICC court of arbitration will be composed of three arbitrators.