Conditions of Use for the Photo Archives
A. Conditions of Use for the Photo Archives of the Frankfurt Rhine-Main Region.
The Frankfurt Rhine-Main Region is happy to offer third parties the use of its photo material for purposes that serve to promote the tourist destination of Frankfurt Rhine-Main. This service is free of charge.
The Conditions of Use are based on the binding agreements arranged with the individual photographers and shall be accepted as legal and binding for all matters pertaining to the publication/use of the image material offered herein.
Images are available as downloads at www.frankfurt-rhein-main.de. Users acknowledge the Conditions of Use with publication/use of one or more images.
The image material remains the property of the Frankfurt Rhine-Main Region. The Frankfurt Rhine-Main Region is happy to provide the usage rights free of charge, provided that the use of the images in question serves the promotion (advertising, PR etc.) of the tourist destination of Frankfurt Rhine-Main and adheres to the preconditions stipulated in Section B of this document. Further, with the cost-free use of the images provided, users acknowledge and accept the copyright regulations stipulated within this document.
Copyright laws obligate users to indicate the copyright in the following manner: “©Frankfurt Rhine-Main” (as well as names of other parties holding rights to the image in question, provided that such reference is required). 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, the Frankfurt Rhine-Main Region reserves the right to charge the user a fee of € 500,00 for every individual case, provided that the user is unable to prove that no or lesser damage has occurred.
Users shall provide the Frankfurt Rhine-Main Region (Photo Archives) with a sample copy of the publication without request or delay.
The usage rights granted with the loan of image material are valid for single use only. Repetition and/or extension of the usage rights is only permissible upon prior approval of the Frankfurt Rhine-Main Region .
Duplicating the cost-free image material for purposes of proprietary archiving or the electronic or digital storage of image data for archiving purposes (e.g. image databases) is strictly prohibited. Digitalised images of material on loan shall be deleted in full after use. The further transfer and/or circulation of image material to third parties is only permissible for purposes of reproduction. Once again, the image material must be deleted in full after use.
B. Free usage of image material is available for:
- Design and development of tourist-oriented offers and other promotional publications pertaining to Frankfurt Rhine-Main s produced by foreign and domestic tour operators, travel agencies, air carriers, rail and coach services, cruise lines, hotels, trade show, congress and conference organisations, incoming agencies and similar businesses.
- Design and conception of written contributions pertaining to Frankfurt Rhine-Main as published in newspapers, magazines and brochures as well as travel guides (basic principle: text and image must be of an informative, tourism-oriented and – in the broadest sense – promotional character).
- Promotional support of conferences, congresses, trade shows and exhibitions in Frankfurt Rhine-Main. This also includes advertising measures promoting cultural institutions and associated events in Frankfurt Rhine-Main (e.g. art exhibitions, theatre, concert and sporting events etc.) as well as traditional and seasonal activities held annually in Frankfurt Rhine-Main (e.g. Museum Embankment Festival, Christmas Market etc.).
- Promotional support by business enterprises, clubs, associations and private individuals outside of the tourist industry offered in the form of corporate and product advertising for the purpose of sales and image promotion, provided that the image material is also used to promote the overall image of the tourist destination of Frankfurt Rhine-Main(e.g. portrayal of Frankfurt Rhine-Main in image brochures or depiction of Frankfurt Rhine-Main in product brochures etc.).
- Any use of image material not expressly specified in Section B, especially those in which the image in question serves as the basis for realising business profits. Examples hereof include postcards, calendars, picture-books, posters, bills (with the exception of tourism-oriented billboards) and similar objects.
- Any use of image material as promotional support for product or service presentations outside of the tourism industry, to the extent of image material being used for sales promotion purposes (e.g. as background motif for product presentations etc.).
Prohibition of distortion and falsification
The distortion or falsification of a copyrighted item by means of reproduction, copying, photo composing or other alteration by digital means is strictly prohibited. Exceptions require prior approval in writing by the Frankfurt Rhine-Main Region as well as the respective title-holder, i.e., photographer.
Compliance with the press code
Users are obligated to acknowledge and adhere to the basic principles of the German Press Council (press code). Furthermore, users are responsible for all accompanying text including captions. The Frankfurt Rhine-Main Region assumes no liability for breaches of general personal rights or copyright infringements caused by the unauthorised, immoral and unintended use of image material on loan. The same applies for any derogatory portrayal of individuals depicted on the images on loan. The user is solely liable for damages caused to possible third parties due to infringement of such rights. Moreover, in such cases, users are obligated to release the Frankfurt Rhine-Main Region from any possible third-party claims and to compensate for any possible legal costs incurred. The use of image material for immoral, violence-glorifying, pornographic, unlawful or other unconstitutional purposes is expressly prohibited.
Liability for image material on loan
The Frankfurt Rhine-Main Region assumes no liability for claims for compensation resulting from the use of image material on loan. The user assumes full responsibility in all cases, including those resulting from the copyright of proprietary image material. The Frankfurt Rhine-Main Region also assumes no liability for claims resulting from infringements on trademarks.
Extended protection of copyright
Users taking advantage of our cost-free image material are granted the usage rights of the image(s) in question only. The copyright remains with the photographer at all times. This applies in particular to master images, which – due to content particularities – are subject to further copyright protection (e.g. works from the fields of fine and visual arts etc.). Here, users are obligated to recognise further copyrights and secure permissions for publication (for collections etc.).
Other
If not previously specified otherwise, the use of image material on loan is subject to the provisions of the German Copyright Act. German law also applies to deliveries from abroad. The place of jurisdiction and performance is Frankfurt Rhine-Main, regardless of the place of origin.
Should any individual provision stipulated in these Conditions of Use be or become illegal or invalid, all other provisions shall remain fully valid. A different provision shall apply ipso jure that most closely corresponds to the sense and intent of the original illegal/invalid clause, to the extent that this is legally permissible.
Place of jurisdiction and performance is Frankfurt Rhine-Main, provided that the user is a businessperson.
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