Region Villach Tourismus GmbH
Peraustraße 32, 9500 Villach, Österreich
Contact for queries:
Email: marketing@region-villach.at, Phone.: +43 4242 42000
(1) Region Villach Tourismus GmbH ("Region Villach") has set up an online media archive, which is an internet database containing digital media, currently images, video and audio files, which serve to promote the Villach - Faaker See - Ossiacher See region as a tourist destination.
(2) These media may be downloaded and used free of charge by users within the scope of these GTC, and subject to the provisions in Section IV. of these GTC, exclusively for the tourist promotion of the Villach - Faaker See - Ossiacher See holiday region.
Outside the Carinthian tourism industry, however, the image material may not be used for the promotion of products without the written, separate authorisation of the "Region Villach". In the case of intended non-tourist use of the images, the rights of use can be acquired directly from the respective institution / image author (please note the corresponding copyright notice). The "Region Villach" will be happy to assist you in making contact.
(3) Any form of publication of the image material or a part thereof shall be deemed utilisation within the meaning of these GTC. Layout, copying, projection, reproduction, printing, scanning, reproduction and storage of the media material in electronic data carriers shall also be deemed to be utilisation, even if only parts of the media are involved.
(4) The use of the "Region Villach Tourismus GmbH Media Archive" (RVTMA) is exclusively subject to the following terms and conditions and is not exclusive. In particular, the restrictions on use (see Section IV Scope of use and restrictions on use) and the labelling obligation (= correct indication of copyright, see Section VI Copyright labelling obligation) must be strictly observed. Any deviating terms and conditions of the user are hereby expressly rejected.
(5) A user within the meaning of these GTC is anyone who gains access to the RVTMA by registering, regardless of whether they download media from it or not. Every user of the RVTMA expressly declares that they agree to these GTC.
(6) The use of the media files stored in the RVTMA is - subject to compliance with the GTC, in particular the restrictions on use and the labelling obligation / copyright notice - generally free of charge. This excludes all activities in out-of-home media (outdoor advertising) and major advertising campaigns. Depending on the intended use, the express written consent of "Region Villach" or the author of the image is required.
(7) Any downloaded digital media material always remains the property of the author of the image or the "Region Villach".
(8) The "Region Villach" is free to refuse orders without giving reasons or to restrict or withdraw the right of use.
(1) Every user must register online to access the RVTMA.
(2) The data for access authorisation must be treated confidentially by the user and not passed on to third parties. Should the access data be misused through the fault of the user, the user shall be liable for any resulting damage.
(3) The user has no claim to permanent accessibility of the RVTMA. The "Region Villach" is free to switch off the server temporarily or permanently at any time and to change, delete or expand the content stored there. The user is responsible for procuring the necessary Internet browser software.
(4) By disclosing his/her data, the user authorises the "Region Villach" to store his/her download files and process them in anonymised form for statistical and advertising purposes of the companies associated with it.
(1) The "Region Villach" assumes no liability for errors and defects in hardware and software that occur during online research, data transmission or use of the RVTMA or for other damages, in particular those that occur when using the data carriers used by third parties to store image files.
(2) The "Region Villach" assumes no liability for the suitability of a medium for the purpose pursued by the user. The "Region Villach" provides the online media archive as it is and accepts no liability for any defects.
(3) The "Region Villach" cannot guarantee that the Internet pages made available and the media files contained in the RVTMA are free from viruses, unauthorised program, Java or source codes or any other parts or components that may disrupt functions or business.
(4) The user shall be liable for any use of the RVTMA and the media made available there that is contrary to these GTC or any other improper or unlawful use. Should the user nevertheless use the RVTMA or its media in an unauthorised manner, the user undertakes to fully indemnify and hold harmless the "Region Villach" for any resulting damages. Furthermore, he shall indemnify and hold harmless the "Region Villach" if claims are made against the "Region Villach" as a result of the use - even an authorised use.
(1) This data may not be used directly or indirectly for commercial purposes, i.e. media downloaded from the RVTMA may not be part of a product intended for sale (e.g. T-shirt with a picture from the RVTMA, books, travel guides, advertising motif for a product of a non-tourist company, etc.), or used in any other form to advertise or promote a company that does not comply with the terms of use.
Commercial use requires the express written consent of the "Region Villach" or the author of the image. However, use for promotional communication of the Villach holiday region in tourist advertising brochures (hotels, tourism associations, etc.) and online platforms is permitted, as the images of the RVTMA serve to market the Villach - Faaker See - Ossiacher See holiday region, but are not directly part of the product intended for sale (indirect commercial use).
In case of doubt, prior written authorisation must be obtained from the "Region Villach" for use.
(2) The data downloaded from the RVTMA may not be misused in a way that is likely to infringe the rights of third parties or damage the reputation and standing of the state of Carinthia, the region itself, the tourist objectives of the Villach-Faaker See - Ossiacher See holiday region or any other public or private organisation whose legal or decision- making body is directly or indirectly the "Villach Region". It is generally prohibited to use the image material for the promotion of holiday destinations other than the Villach - Faaker See - Ossiacher See holiday region.
(3) The image user must ensure that the image material used corresponds geographically to the advertised location. In case of doubt, please contact the "Region Villach". The image user alone is liable for the identity of the image with the advertised location and undertakes to indemnify and hold harmless the "Region Villach" from any claims by third parties in this regard.
(4) The use of media in erotic, criminal or other offensive contexts as well as uses that denigrate minorities, ethnic, religious or other groups or that are likely to offend members of these groups in their feelings or beliefs are also not permitted. Furthermore, under no circumstances may the personal rights of the persons depicted be negatively affected or impaired.
(5) The authorisation of use granted by the "Region Villach" is only valid for a certain period of time. Unless otherwise agreed in writing, the period of use shall end no later than 24 months after download.
(6) Any editing, in particular the distortion of the images by copying, re-photographing, photo-composing, electronic aids or in any other way is not permitted. Furthermore, it is not permitted to use parts of the images. Images or media (videos and text files) may therefore only be used free of charge as a whole and unedited. Exceptions require a separate written agreement to be obtained prior to utilisation.
Falsifications in images and words as well as uses that could lead to the degradation of persons depicted are not permitted and make the user liable for damages.
(7) Users must provide their personal data when registering. Only after registration will the user be granted access to the RVTMA.
Use is only permitted if all data provided during registration is correct and complete and the purpose of use stated before downloading the media corresponds to the actual use by the user and the purpose of use is permitted in accordance with the following paragraphs of this contractual point.
(8) If the information provided by the user does not correspond to the actual type of use or if the user pursues an illegal or otherwise unauthorised purpose of use, consent to use shall be deemed not to have been given. The automated transmission of the user name and passwords shall not be deemed to constitute consent by "Region Villach" to any use contrary to the provisions of this section of the contract. Similarly, the automated activation for the downloading of media, which takes place despite the user stating an unauthorised purpose of use, does not constitute consent.
(9) Use for journalistic purposes for reporting on the Villach - Faaker See - Ossiacher See holiday region is permitted without prejudice to the above paragraphs. The user is obliged to observe the journalistic principles of the Press Council (Press Code). In the case of intended non-touristic use of the images, the rights of use can be acquired directly from the respective institution / the respective image author (please note the corresponding copyright notice). The "Region Villach" will be happy to assist you in making contact.
(1) All RVTMA media shall be treated as originals. In principle, only a limited licence to use the media copyright is transferred. This applies in particular to images or video files whose image content is subject to further copyright protection (e.g. works of fine and performing arts). The user is responsible for replacing the other copyrights and obtaining publication authorisations from collections, museums, etc. The images are only made available by the "Region Villach" for use in accordance with the authorised purpose of use specified during registration and must be removed from all data storage devices immediately after use.
(2) The transfer of the image material to third parties is not permitted.
(3) The user bears sole responsibility for the text (see Section VI Copyright labelling obligation).
(4) The "Region Villach" expressly requires a source reference (copyright notice) for each use, in such a way that there can be no doubt about the attribution to the respective image or other medium. If the copyright notice is not visible, please ask the "Region Villach" for it. The absence of the name does not release you from the obligation to provide correct and complete picture credits.
(1) A clear assignment of the photo to its respective manufacturer is made by:
a) the name of the photographer directly in the image or next to the image or
b) a clear reference on the page of the published image or
c) a clear reference with page and location information in the legal notice.
It should be noted that one of the manufacturer designations permitted above must also be used for electronic use (Internet).
A clear indication of the originator (copyright notice) of the photo(s) to their respective producer is provided in the following form:
© Region Villach Tourismus / name of the photographer or ©RVT/ name of the photographer
(2) Collective picture credits are only sufficient in this sense if they also allow the unambiguous attribution to the respective picture. The user shall indemnify "Region Villach Tourismus" against any third-party claims resulting from the omission of copyright notices.
(3) Paragraph (1) shall also apply to advertising, inserts in television programmes and films or other media if no express special agreement has been made.
(4) Unless specifically stated above, all use is subject to the provisions of Austrian law, in particular copyright law and competition law.
(1) Subsidiary agreements to these contractual terms and conditions must be made in writing to be legally effective. This also applies to the waiver, amendment or cancellation of this written form requirement.
(2) It is agreed that Austrian substantive law shall apply to all disputes arising from the use of the RVTMA. The use of the RVTMA by foreign users shall also be deemed to be governed by Austrian law.
(3) The exclusive place of jurisdiction for all legal disputes arising from the use of the RVTMA agreed on the basis of these GTC shall be the competent court for 9500 Villach. However, the "Region Villach" may sue the user at another domestic or foreign place of jurisdiction.
(4) If a provision of these GTC is invalid, the "Region Villach" and the user hereby expressly undertake to agree on legally valid provisions that come as close as possible to the economic purpose of the invalid provision. The validity of all other provisions shall not be affected by the invalid provision.
(5) All rights and obligations arising from these GTC shall be transferred to any legal successors of "Region Villach".