Terms of Use Image Database

Terms of Use Image Database

Licence conditions for licensees of the image database of Zeller Land Tourismus GmbH

Zeller Land Tourismus GmbH acquires rights from photographers to image and film material in order to keep it available for the fulfilment of its task of marketing tourism and to pass it on free of charge to private or commercial end-users for this purpose. The photographer and author of the images may be a professional photographer, an amateur or a participant in a competition in the field of photography. The following licence conditions apply between Zeller Land Tourismus GmbH and the end-user of licensed material.

Conclusion of contract and subject matter of contract
By granting permission to use material from the image database, the end-user accepts the following licence conditions by downloading the respective image. Licensed material shall be deemed to be images, film or video material, audio products, visual representations made by optical, electronic, digital or other means, including negatives, slides, film prints, printouts, original digital files or any other product protected by copyright and subject to a licence granted by Zeller Land Tourismus GmbH to the licensee under the terms of this agreement. This licence agreement is intended to regulate any kind of use and reproduction, i.e. any form of copying or publication of the entire licence material or parts thereof, via whatever medium and by whatever means, the deformation, modification, cutting or editing of the licenced material or parts thereof, as well as the creation of derivative works from the licenced material or the creation of works containing the licensed material.

Rights granted and restrictions
Rights to use the image (s) are granted free of charge but subject to specific and unconditional conditions. Any use that does not comply with the following provisions is unlawful and may be prosecuted by the rights holder, namely by way of injunctive relief and claims for damages, as well as possibly resulting in the obligation to reimburse warning costs.

The use is only permitted for the purpose of advertising and public relations work for the Zell region or Zell municipality provided that it complies with the following requirements. The pictures may only be used free of charge for:

- The design of tourist offers in or in relation to the Verbandsgemeinde Zell and other advertising publications by domestic and foreign tour operators, travel agencies, airlines, railway and bus companies, shipping companies, hotels, incoming agencies and similar companies.

- The design of journalistic contributions in newspapers, magazines, journals and brochures (principle: tourist informative and in the broadest sense promotional character of the text accompanying the images).

- The promotional support of conferences, congresses, trade fairs and exhibitions, including the advertising of visits to cultural institutions and their events (e.g. art exhibitions, theatre, concerts and sporting events) and traditional seasonal activities (e.g. wine festivals etc.).

Types of permitted use
For the above-mentioned permitted uses, Zeller Land Tourismus GmbH grants the licensee a non-exclusive, non-sublicensable and non-transferable worldwide right to use and reproduce the licensed material offered for download, but only to the extent expressly stipulated in this agreement. Contractors of the licensee may exercise this right to produce the licensee's end product (e.g. agencies of the licensee), provided that the respective contractor undertakes to comply with the provisions of this agreement.

The licensee may use the Licensed Material in all production processes (website, social media, posters, brochures, etc.) necessary for the intended use specified in the Rights and Restrictions, including as defined above. Licensee may transfer Licensee's End Product ownership as part of any distribution process as may be necessary and appropriate for the intended use specified in the Rights and Restrictions, but solely as part of the distribution process specified in the Rights and Restrictions. On the other hand, this agreement does not grant the licensee the right to transfer any rights of use or ownership in the Licensed Material as separate rights.

Licensed material used for editorial purposes may be cropped or otherwise edited to improve its technical quality provided that the editorial integrity of the Licensed Material is not compromised; any other editing is prohibited under all circumstances.

Unless additional rights are agreed in the rights and restrictions or in a separate licence agreement, the permitted use of the licenced material does not extend to purely commercial purposes, marketing or advertising purposes or the sale of goods that are not suitable for promoting the tourist location of the municipality of Zell.

Excluded from the royalty-free use are:
- Any type of use not expressly mentioned above, particularly if the licenced material primarily forms the basis for the end user's own economic gain. This is particularly the case with postcards, travel guides, calendars, illustrated books, posters, billboards (except tourist advertising posters) and similar objects, and in the area of social media and online advertising.
- The creative support of goods or service presentations outside the tourism industry, insofar as these wish to use the photographic material exclusively to support their sales interests (e.g., background motif for a goods presentation).
- Use in a pornographic, defamatory or otherwise unlawful manner, either directly or implicitly or in combination with other materials or content. Furthermore, the licensee is obligated to comply with all applicable legal regulations and/or internal industry regulations.
- Incorporate into any logo, corporate mark, registered trademark or service mark without the prior written consent of the copyright owner.
Without the author's prior written consent and, if applicable, the payment of an additional licence fee to the author, the licenced material may not be altered, redesigned or misappropriated.
In the case of those mentioned above purely commercial use without reference to tourism, the use of the licenced material is not permitted under this licence agreement and is therefore subject to a fee. The necessary rights of use can be obtained from the respective copyright holder.

Attribution of copyright, copyright notice or source reference
The author of the licenced material (photographer) shall be named in the immediate context of the download offer of the licence offer, but not as a rule on each individual image or other components of the licensed material.

When the images are published, there is an obligation under the Copyright Act to mention the copyright notice or source reference. This must be done in the immediate vicinity of the image. Suppose the source reference or copyright notice is already placed on the licenced material or in the corresponding file. In that case, it may not be altered or removed and must be visible when the licenced material is used. This includes the prohibition of decompiling the image file for the purpose of removing the indication. Suppose the copyright notice or source reference is not made. In that case, any permission previously granted to use the licensed material shall lapse. Use of the Licensed Material.

The licensee shall not misrepresent, either expressly or impliedly, that he and not the author is the original creator of his visual work if its substantial artistic parts are derived from the licensed material.

Recall of rights in case of misuse, for example, by social media platforms.
Licensed material is reproduced on social media platforms or other third-party websites under the Rights and Restrictions. In that case, such rights will be automatically revoked if the platform or website uses the Licensed Material in a manner contrary to the terms of this agreement and, in such event, the licensee agrees to remove all Licensed Material from such platforms or websites upon request.

Compliance with the Press Code
The licensee is obliged to observe the journalistic principles of the German Press Council (Press Code). He shall bear responsibility for the text. Zeller Land Tourismus GmbH shall not be liable for any infringement of general personal rights or copyright through use in images or text contrary to the terms of the agreement, immoral or distorting the meaning. The same applies to any disparaging portrayal of persons depicted in the images provided. In the event of an infringement of such rights, the user alone shall be liable for damages to any third parties. Furthermore, in such cases, the licensee is obliged to indemnify Zeller Land Tourismus GmbH against any claims by third parties and to reimburse the reasonable costs of any legal defence. The use of the image material for immoral, violence-glorifying, pornographic or otherwise unconstitutional uses is expressly prohibited.

Zeller Land Tourismus GmbH

Balduinstraße 44
56856 Zell (Mosel)
Phone: +49 6542 9622-0

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