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
Tax ID: ATU ATU57339767
(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.
(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.
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.
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.
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.
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
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
VIII. Applicable Law, Miscellaneous
(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.