General Terms of Use for the Tirol Tourist Board Press Room

Effective Date: January 1, 2014  
Provider: Tirol Werbung GmbH  
Address: Maria Theresien Strasse 55, 6020 Innsbruck  
Commercial Register: FN 238 938f, Regional Court of Innsbruck  
Phone: +43.512.7272-0  
Telefax:  
Mail: presse@tirol.at  
Tax ID: ATU ATU57339767  

I. General

(1)     The Tirol Tourist Board Press Room is intended for use by magazines, newspapers, broadcast media, by Internet news sites, and by other members of the media, as a resource to promote the Tirol region as a tourism destination. The Tirol Tourist Board Press Room provides press content, including but not limited to photographic images, videos, text, and audio files (collectively, the "Content") via a database that is protected by sui generis right. All Content is proprietary information and, as such, is protected under intellectual property laws. The Content that appears on these pages may be used by members of the press for the sole purpose of promoting Tirol. Except as provided in IV of these Terms, the Content may not be distributed, downloaded, modified, reused, copied, reproduced, transferred, displayed, reposted, transmitted, disseminated, sold, published, broadcast or circulated or otherwise used without the express written permission of the Tirol Tourist Board.

(2)     Any use of the Tirol Tourist Board Press Portal is subject to the Terms set forth in this document. All other terms are excluded.

(3)     The Tirol Tourist Board reserves the right to revoke the authorization to use the Press Room Content at any time. The right to use the Press Room is non-exclusive. All rights not expressly granted by the Tirol Tourist Board herein are specifically and completely reserved.

(4)    By accessing or using the Tirol Tourist Board Press Room in any way, including, without limitation, use of any of the Services, downloading of any Content, or merely browsing the Press Room, the User agrees to and is bound by these Terms of Use. USE INDICATES CONSENT TO THESE TERMS.

(5)     Use of the Press Room Content is free of charge.

(6)     Any Content made available in the Tirol Tourist Board Press Room remains the property of the Tirol Tourist Board.

(7)     The Tirol Tourist Board reserves the right to change the Terms of Use posted on this Website from time to time at its sole discretion (Right to Change Terms of Use).

II. Internet Database Use

(1)     Press Room users can view Content and download it free of charge. No registration is required to download Content. Users may choose to register with the Press Room (Registration) to access additional features on the Website (e.g. bookmark content, control the frequency of automated email notifications, etc.).

(2)     The Tirol Tourist Board reserves the right to shut down the Press Room permanently or temporarily at any time, and to change, delete, update or otherwise alter the Content in its sole discretion at anytime without providing prior notice.
The Tirol Tourist Board does not provide browser software, which the User must obtain directly from the manufacturer. In order to fully use all Press Room services, it is recommended that the User downloads and installs the latest browser version and/or set the browser to accept cookies, enable JavaScript and pop-ups. Older browsers may interfere with the use of some services and functions of the Press Room. The User is responsible for all costs associated with downloading Content from the Press Room and with internet connectivity.

III. Assumption of Risk, Warranties

(1)     The use of the Press Room Services or the download-ing or other use of any Content through the Website is done at the User’s own discretion and risk and with the agreement that the User will be solely responsible for any damage to his/her computer system, loss of data, or other harm that results from such activities.

(2)     The Tirol Tourist Board does not warrant suitability of any information on the Website for any particular pur-pose. Nor does the Tirol Tourist Board represent that the Website use would not infringe privately owned rights.

(3)     The Tirol Tourist Board assumes no liability for any computer virus or other similar software code that is downloaded to the User’s computer from the Website or in connection with any Services or Content offered through the Website.

(4)     The Tirol Tourist Board disclaims any responsibility for harm resulting from any use or misuse of Content by Users of the Tirol Tourist Board Press Room. The User is responsible for captioning any audio, video and/or image files downloaded from the Press Room.

(5)     The User agrees to indemnify and hold harmless the Tirol Tourist Board from all claims, liabilities, damages and expenses arising out of the use of the Website, the violation of these Terms of Use, or the violation of any rights of another person or entity.

IV. Use Restrictions

(1) Limitations on Use    
The use of the Content in the Tirol Tourist Board Press Room is restricted to editorial purposes (Limitations on Use).

(2) Accuracy of Personal Information     
When registering with the Tirol Tourist Board Press Room, the User represents and warrants that all Per-sonal Information provided is true and correct.

(3) Improper Use    
The User further agrees to in no way misuse any Con-tent that appears on the Website. Any use of the Con-tent other than as authorized under these Terms is prohibited. Registering with the Tirol Tourist Board Press Room does not grant permission to use the Content in any way that is unlawful or in violation of these Terms.

(4) Libel   
It is prohibited to use the Content in any way that is defamatory or harmful to the province of Tirol, the Tirol Tourist Board, Tirol’s tourism ambitions, or any other public or private entity related to the province of Tirol.

(5) Social Media    
Use of any Press Room Content, especially images, on social media sites including but not limited to Facebook, Twitter, Xing, and YouTube is strictly prohibited.

(6) Commercial Use    
No one is authorized to download, display or use any Press Room Content in any commercial manner other than editorial use without the Tirol Tourist Board’s written permission. Commercial use of any of the Content for profit is strictly prohibited.

(7) Image Editing   
Users may not reproduce, modify, adapt, generate derivative works of, or otherwise alter the Content of the Press Room without the prior written permission of the Tirol Tourist Board. The User agrees not to compromise the original context, accuracy, and integrity of any Content. Photographs and other images must be reproduced in their entirety; Users may not crop or otherwise alter them.

(8) Privacy Protection    
It is prohibited to use the likeness of any identifiable individual person on the Website in a defamatory, derogatory or offensive manner or in any manner that is invasive of another’s privacy. It is further prohibited to use any Content in a way that is unlawful, sexually explicit, ethnically or culturally offensive, indecent, or incites hatred on grounds of race, gender, religion or any other beliefs.

(9) Editorial Use    
Content of the Tirol Tourist Board Press Room may only be used for editorial purposes. Users must ad-here to the Press Council’s Press Code.

(10) Contractual Penalty    
Any violation of these Terms of Use may result in a contractual penalty of €3000,- (in words: Euro Three Thousand) payable to the Tirol Tourist Board within 14 days of the date of issue. Furthermore, the Tirol Tourist Board reserves the right to prosecute any User who breaches any of the above Terms of Use. The Tirol Tourist Board also reserves the right to terminate a User’s access to the Press Room at any time without prior notice. Any profit made from the commercial use of the Content as prohibited under IV paragraph (5), must be transferred to the Tirol Tourist Board. The User has the duty of accounting to Tirol Tourist Board for any profits made from the commercial use of Press Room Content.

V. Rights of Use

(1)     By downloading Content and/or image files, the User is granted a personal, limited license to use the Services of the Tirol Tourist Board Press Room. The permission to publish does not constitute a copyright clearance. The use of photos that depict a work of art (e.g. visual or applied arts), and photos from museums, collections, etc. may require the permission of the copyright owner or the owner of a copyright-related right.

(2)     Photos in the Tirol Tourist Board Press Room are available for editorial purposes only.

VI. Credits and Acknowledgements

(1)     The Tirol Tourist Board requires the User to give proper credit to the Content sourced from the Press Room (Source References). It is mandatory to publish an acknowledgement to Tirol Tourist Board and the photo creator on the page each photo is used on. If more than one photo appears on the same page, each photo must be acknowledged, and it should be clear which acknowledgement relates to which image. "Catch all" acknowledgements (e.g. "photos from Tirol Tourist Board") are only permitted in conjunction with an acknowledgement to the respective photo creator(s). The User agrees to indemnify and hold harmless the Tirol Tourist Board in any and all litigation arising out of copyright claims.

(2)     Unless mentioned otherwise, any use of Content from the Tirol Tourist Board Press Room is subject to Aus-trian copyright laws.

VII. Duration/Termination of Agreement    

(1)     In accordance with these Terms of Use the Tirol Tourist Board grants unregistered Users a license to use the Services and view the Content for non-commercial use. All licenses are for one use only. Registered Users are granted open-ended licenses. Registered Users may terminate the contract at any time by sending an email to presse@tirol.at. The Tirol Tourist Board may terminate the contract at the end of each month by giving one month’s notice of termination. The Tirol Tourist Board may furthermore terminate this Agreement of Use without prior notice if a serious ground justifying immediate termination exists.

VIII. Applicable Law, Miscellaneous

(1)     Any changes made to these Terms of Use are ineffec-tive unless made in writing. This also applies to the revocation of the written form requirement.

(2)     By accessing this Website, the User and the Tirol Tourist Board agree that all matters relating to the User’s access to, or use of, this Website shall be governed by the statutes and laws of Austria. Under no circumstance shall the Tirol Tourist Board be deemed liable under any laws other than those of Austria.

(3)     The User and the Tirol Tourist Board also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts in 6020 Innsbruck with respect to such matters.

(4)     The User acknowledges and agrees that in the event any provision of these Terms ions of Use shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that any such invalid term or condition shall be validly reformed by the court to as nearly approximate the intent of the parties as possible, and if unreformable, shall be severed and deleted from these Terms of Use.

(5)     Any rights, obligations and duties under these Terms of Use may be transferred in whole in or part to a legal successor of the Tirol Tourist Board.

Privacy Statement for the Use of the Tirol Tourist Board Press Room    

Effective Date: January 1, 2014    
Provider: Tirol Werbung GmbH    
Address: Maria Theresien Strasse 55, 6020 Innsbruck    
Company Register: FN 238 938f, Regional Court of Innsbruck    
Phone: +43.512.7272-0    
Telefax:    
Mail: presse@tirol.at    
VAT ID: ATU ATU57339767    

I. General     

(1)     The Data Privacy Policy set forth below applies to all Services offered by the Tirol Tourist Board and forms an integral part of the General Terms and Conditions of the Tirol Tourist Board. By registering the User agrees to this Privacy Policy.

(2)     The Tirol Tourist Board reserves the right to change the terms of this Policy by applying subparagraph 1 (7) of the General Terms and Conditions by analogy.

II. Authorization and Right of Withdrawal    

(1)     The User authorizes the Tirol Tourist Board and its customers to collect, process and use all information related to the contract between the User and the Tirol Tourist Board in accordance with the provisions of Section 8 paragraph 1 subparagraph 2 of the Data Protection Act 2000. The User has the right to revoke their consent at any time under Section § 8 paragraph 1 subparagraph 2 of the Data Protection Act 2000.

(2)     The Tirol Tourist Board collects, processes and uses personal information provided by the User as part of their role in providing the Services described in the General Terms and Conditions. Users give their per-sonal information when registering.

(3)    Through the use of web server log files, any or all of the following information may be collected during a visit to the Press Room:
•    IP address (Internet Protocol Address) of the computer used to access the Website
•    User identification on TWOBA
•    The name of the domain from which the User access the Internet
•    Date and time of User’s visit
•    Referrer URL from which the User came to this Website
•    Session ID

(4)     Every time a User logs on to the Press Room, following information is collected and stored:
•    Date and time of login
•    User authentication in the Press Room
•    IP address (Internet Protocol Address)
•    Session cookie number
•    Session ID

III. Use of Personal Information      

(1)     The main reason the Tirol Tourist Board collects personal information is to manage and improve the Services of the Press Room. The personal information is mainly used for the following:

(2)     To fulfill the User’s request for Services

(3)     To measure and optimize the Services of the Tirol Tourist Board, to provide more relevant advertising and to improve content of the Press Room.

(4)     To deliver Services of the Tirol Tourist Board, to improve target marketing and advertising strategies for Tirol Tourist Board partners.

(5)     To deliver marketing communications

(6)     To prevent, discover and/or investigate possible illegal activities of Press Room Users

(7)     To enforce the Terms of Use of the Press Room  

(8)     To diagnose and solve technical problems

IV. Disclosure of Personal Information     

(1)    The Tirol Tourist Board does not sell, rent, trade or otherwise disclose personal information unless permission is obtained from the User or as required by a lawful court order or subpoena. Service providers of the Tirol Tourist Board such as payment service providers, debt collecting agencies and email newsletter distributors are not considered third parties.

V. Use of Cookies/Blocking of Cookies    

(1)     The Tirol Tourist Board Press Room uses cookies to monitor Website usage, for example pages looked at, to provide a better user experience. Cookies cannot carry viruses, and cannot install malware on the host. The main purpose of cookies is to identify users and possibly prepare customized Web pages for them. At the moment, the Tirol Tourist Board Press Room uses only "session cookies" that are created temporarily in your browser's subfolder while you are visiting the Website. Once you leave the Site, the session cookie is deleted. Session cookies are used for authenticate login information and for load balancing purposes.

(2)     You may block cookies from this Website at any time by activating the setting on your browser that allows you to refuse the setting of all or some cookies. Check information in your browser’s help section for specific instructions on how to manage cookies. Internet security and privacy software may also have features that block cookies. Blocking all cookies will, however, have a negative impact upon the usability of this Website. If you block cookies, you will not be able to use all the features and services of the Press Room.

VI. Current State of Technology    

    The User acknowledges that the complete privacy of the data and messages transmitted while using the Internet cannot be completely guaranteed under the current state of technology. Especially emails are not secure against interception. It is the User’s responsibility to protect their personal information provided online by them.