NLW Natitional Tourist Office

MEDIA ARCHIV

General Terms and Conditions of Business (Terms)

NLW Tourismus Marketing GmbH
Media Archive
(RVTMA)

NLW Tourismus Marketing GmbH
Wulfeniaplatz 1 | A-9620 Hermagor

Contact partner for queries:

Email: info@nlw.at, Tel.: +43 (0) 4282 / 3131


I. General

(1) “NLW Tourismus Marketing GmbH“ ("NLW") has created an online media archive as internet database which contains digital media, currently in form of photos, video and audio files, used for touristic advertisement of the three adventure areas/holiday regions Nassfeld-Pressegger See, Lesachtal and Weissensee.

(2) This media can in general be used and downloaded free of charge by users only for touristic advertisement purposes for above-mentioned holiday regions in accordance with these General Terms & Conditions, and subject to the provisions in IV. of these General Terms & Conditions.

Using photo material for the advertisement of products outside the Carinthian tourism industry requires the special written consent of “NLW“. If the non-touristic use of photo material is intended, then the user rights can be purchased directly from the respective institution / from the respective photographer (please refer to the relevant copyright note). “NLW“ will help with establishing contact.

(3) Any form of publication of photo material or parts of it constitutes use within the meaning of these General Terms & Conditions. Arrangement, copying, projection, reproduction, printing, scanning, representation and storage of media material on electronic data carriers also constitutes use even if this concerns only media components.

(4) The use of the “NLW Tourismus Marketing GmbH Medien-Archiv“ (RVTMA) is subject to confirmation and is not exclusively subject to the terms and conditions below. The restrictions of use (see IV. Extent and restriction of use) and the requirement to label (= correct indication of the author, see VI. Copyright related requirement to label) in particular must be strictly observed. We hereby expressly object to any deviating terms and conditions of the user.

(5) User within the meaning of these General Terms & Conditions is anyone, who gains access to the RVTMA by registration, no matter whether he downloads media from the archive or not. Every User of the RVTMA declares explicitly that he accepts these General Terms & Conditions.

(6) Except for all activities in out-of-home media (external advertisement) as well as advertising campaigns, the use of media files stored in the RVTMA – in compliance with the General Terms & Conditions, in particular restrictions of use and requirement to label / indication of author – is in general free of charge. Depending on the intended purpose, express written permission of “NLW“ or the photographer is required.

(7) All downloaded digital media material always remains property of the photographer or ”NLW“.

(8) “NLW“ has the right to reject orders without giving reasons, or to restrict or withdraw the right of use.

II. Internet database

(1) Every User must register online in order to access the RVTMA. Following registration, the User automatically receives his personal access data.

(2) The User must treat the data for access authorisation as confidential, and must not disclose such data to third parties. If access data is misused due to the User’s fault, the User shall be liable for any damages resulting from this.

(3) The User has no right to permanent availability of the RVTMA. “NLW” has the right to temporarily or permanently turn off the server at any time, and to change, delete or extend the contents stored on the server. The required internet browser software must be obtained by the User himself. Costs for provider and telecommunication fees, incurred for downloading, must be carried by the User himself.

(4) By providing his data, the User authorises “NLW“ to store and process his download files in anonymised form for statistical and advertising purposes of companies affiliated with “NLW”.

III. Liability

(1) “NLW“ will not assume any liability for hardware and software faults and defects occurring during online research, data transfer or use of the RVTMA, or for any other damage, including in particular damage incurred when using data carriers provided by a third party for the storage of image files.

(2) “NLW“ will not assume any liability for the suitability of the medium used for the purpose intended by the User. “NLW“ provides the online media archive as is and will not assume any liability for possible defects.

(3) “NLW“ is unable to guarantee that the provided websites and the media files in the RVTMA do not contain any viruses, unauthorised programme, Java or source codes or any other parts or components affecting functions or transactions.

(4) The User shall be liable for any use contrary to these General Terms & Conditions or any other abusive or unlawful use of the RVTMA and the media provided therein. If the User uses the RVTMA or its media in an undue manner, then the User shall indemnify and hold harmless “NLW“ from and against any arising damages to the full extent. Furthermore, he shall indemnify and hold harmless “NLW“ from and against claims arising from the use – including permitted use – brought to “NLW”.

IV. Extent and restriction of use

(1) Data downloaded from the RVTMA is intended for personal and one-off use by the User and must be deleted immediately after use. Archiving is not permitted.

This data must not be used directly or indirectly for commercial purposes, meaning that media downloaded from the RVTMA must not be used as part of products intended for sale (e.g. T-shirt with photo from the RVTMA, books, travel guides, advertisement for a product of a non-touristic business, etc.) or any other products used for advertising or promoting sales of an enterprise not in accordance with the terms of use.

Use for commercial purposes requires express written consent of “NLW“ or the photographer. However, permitted is the use for promotional communication of the NLW holiday region in touristic advertising brochures (hotels, tourism associations, etc.) and on online platforms as, in this case, the photo material of the RVTMA is used for marketing the NLW holiday region, but is not direct part of a product intended for sale (indirect commercial use).

In case of doubt, written consent of “NLW” must be obtained prior to use.

(2) The data downloaded from the RVTMA must not be used in an improper way which could infringe the third-party rights or damage the name and the reputation of the State of Carinthia, “NLW”, touristic destinations in the holiday regions or another public or private institution of which the holiday regions are direct or indirect legal entity or decision-maker. In general, using photo material for advertising travel destinations other than above-mentioned holiday regions is not permitted.

(3) The User of the photo material must ensure that the images used correspond geographically with the advertised location. In case of doubt, please consult NLW. The User of the photo material shall be solely liable for the fact that the photo material is identical with advertised location, and shall indemnify and hold harmless NLW from and against any related claim by third parties.

(4) It is also not permitted to use the media in erotic, criminal or other offensive contexts as well as in contexts denigrating minorities, ethnical, religious or other groups, or in a way that may hurt the feelings or views of members of these groups. In any case, the personal rights of the persons depicted must not be negatively affected or impaired.

(5) The permission to use granted by “NLW“ is only valid for a certain period. If not otherwise agreed in writing, the period of use expires no later than 6 months after download.

(6) Any processing, in particular distortion of the photo material by copying, re-photographing, photo composing, using electronic aids or by any other means, is not permitted. Furthermore, using sections of photo material is not permitted. Thus, photo material or media (videos and text files) can only be used as a whole and unprocessed within the scope of the free of charge use. Exceptions require a special written agreement which must be obtained prior to use.

Distortions in photos and text as well as uses that may lead to the humiliation of the depicted person are not permitted and render the User liable for compensation.

(7) The User must provide his personal data during registration. The User gains access to the RVTMA only after registration.

Use is only permitted when all data provided during registration is correct and complete, and when the purpose of use stated prior to the download of the media matches the actual use by the User, and when the purpose of use is permitted according to the following paragraphs in this clause.

(8) If the details provided by the User do not match the actual purpose of use or if the User pursues an illegal or otherwise undue purpose of use, then the consent shall be deemed as not given. The automated transmission of the user name and passwords does not mean that “NLW” consents to the use contradicting the provisions in this clause. The automated activation for the download of media, carried out despite the provision of an undue purpose of use by the User, does not constitute consent.

(9) Notwithstanding the above paragraphs, the use for journalistic purposes of reporting on the holiday regions is permitted. The User must respect the publishing principles of the Austrian Press Council (Press Code). If the photo material is not intended for touristic purposes, then the rights to use can be purchased directly from the respective institution / the respective photographer (please refer to the relevant copyright note). “NLW“ will help with establishing contact.

V. Exploitation rights and copyrights

(1) All media of the RVTMA must be treated like originals. In general, the transfer of right to use medial copyright is limited. This applies in particular to photo material or video files of which the image content is subject to additional copyright (e.g. works of visual and performing art). The settlement of additional copyrights as well as obtaining permissions for publication in case of collections, museums, etc. is the responsibility of the User. “NLW” provides the photo material for use only on the basis of the permitted purpose stated during registration. The photo material must be removed from all data carriers immediately after use.

(2) Archiving or disclosing photo material to third parties is not permitted.

(3) The User shall carry the sole responsibility for the added text or caption (see VI. Copyright related requirement to label).

(4) For every use, “NLW“ expressively requires a reference of source (copyright note), and that in a way which leaves no doubt regarding the allocation to the respective photo or other medium. If the copyright note is not clearly stated, please contact “NLW”. A missing name does not release you from the obligation to provide correct and complete photo credits.

VI. Copyright related requirement to label

(1) A clear allocation of the photo/s to its/their respective producer requires:

a) the photographer’s name directly in or next to the photo, or
b) a clear reference on the page of the published photo, or
c) a clear reference stating page and place in the Legal Notice.

It should be noted that one of the above permitted producer’s designations must be indicated in case of electronic use (internet).

A clear reference to the respective producer and/or copyright owner (copyright note) of the photo/s is indicated as follows:

©NLW / name of the photographer or ©RVT/ name of the photographer

(2) Collective photo credits in this sense are only acceptable if they also allow for a clear allocation to the respective photo. The User must indemnify “Kärnten Werbung“ against third-party claims arising from the failure to provide copyright notes.

(3) Unless a special agreement has been concluded, paragraph (1) applies also to advertisement, insertions in telecasts and films or other media.

(4) If not specifically stated above, any use is subject to the provisions of the Austrian legislation, here in particular copyright law and competition law.

(5) Proof of publication (specimen copy): A PDF file with a complete specimen copy and (if available) a specimen of the printed form of use must be sent to “NLW“ unprompted and free of charge prior to any publication.

If the photo material is used in electronic form (internet), a direct link is required in addition.

VII. Place of jurisdiction, Miscellaneous

(1) Ancillary agreements to these terms and conditions require the written form in order to be legally effective. This applies also to an amendment or suspension of or departure from this written form requirement.

(2) The substantive law of Austria applies to all legal disputes arising from the use of the RVTMA. Austrian law shall also apply to the use of the RVTMA by foreign users.

(3) The relevant competent court for 9620 Hermagor shall be the exclusive place of jurisdiction for all legal disputes arising from the use of the RVTMA, which has been agreed on the basis of these General Terms & Conditions. However, “NLW“ may take legal action against the User before any other court in Austria or abroad.

(4) If a provision in the present General Terms & Conditions is invalid, then “NLW“ and the User promise hereby explicitly to agree legally effective provisions that come as close as possible to the economic intend of the invalid provisions. The effectiveness of the remaining provisions shall remain unaffected by the invalid provision.

(5) All rights and obligations arising from this General Terms & Conditions shall be transferred to any legal successor of “NLW”.