Orders and the use of an operator's picture database are exclusively arised to the following terms and conditions of the operator. The pictures can be downloaded directly from the Website in a limited quantity.
Contrary Conditions of the user is hereby contradicted also for future business operations. Deviations require for being valid for each individual transaction a written confirmation.
The Operator has the right to change conditions for the use of pictures at any time.

1.      Conclusion of the contract

a)      The representation of pictures offered online by the operator does not constitute any kind of legal commitment. What is offered here is to be seen as a free offer and without any obligation.

b)      If pictures, no matter which resolution, were saved from the database on a user's computer, the user has accepted the Terms of Use.

2.      Rights of use

a)      In general you can use the pictures in the pictures Database free of charge for: journalistic articles/reports, touristic catalogues/brochures, multimedia use and for teaching purposes and for purely personal purposes.

b)      For the multimedia use must be guaranteed that the picture can’t be downloaded or copied.

c)       Use by commercial image and book publishers is excluded, unless, by a special written agreement with the operator.

d)      Unique separately marked images can only be used for its specific purpose after the operator was requested

3.      Copyright

a)      The provided visual pictures always remain the property of the operator or the photographer, who provides the pictures for the picture database. All pictures on the database are protected worldwide under the laws of copyright. The operators and their licensors own the necessary rights to the pictures. Users of the database get only the rights for single use.

b)      The Operator grants you a simple, non-transferable, limited in time and place right of use. Details are provided in the specific permission to use. Not transferable in accordance with this scheme means that the picture have to be destined either for your own use or for your journalistic or tourist workspace. You are not allowed to sell, lend, sublicense or otherwise transfer to anyone the image or the right to use an image.

c)       The copyright notice in publications must be the name of the picture owner or the photographer. As captions are only allowed to be used the given titles in the database.
If this obligation is violated, the user will be banned immediately from further use of the database. Voucher copies of the published pictures have to be delivered to the operator within four weeks free
of charge. If not this may also be blocking the access.

4.      Duration of use, Deletion
The picture data are available for a temporally limited period.. All data and duplicates, etc., must be deleted in each case 120 days after the completion of downloading the picture data from the picture database. A wrongful retention or archiving is a violation of rights of use and can be prosecuted criminally and civilly.

5.      Costs
Basically, the use of motifs of the picture database are free of charge.  Fee required pictures are marked and can only be used for its specific purpose after the operator was requested.

6.      Picture quality
The size (cm) and the resolution (dpi) of a picture can be available in any sizes. The image format is always an uncompressed .tif-file. It will be always downloaded the highest resolution, which the operator has made available for this picture. The technical specifications of a picture will be displayed in the detailed view. All pictures are loaded in .zip-format on the computer of the user. For each picture will be created a „readme“-file, which contents: Pic. No., Title, Size in cm und dpi, Owner, Description and the Terms of Use. There are two possibilities to get pictures – Single Download from every view or as a Group download with the cart (max. 20 pictures).

7.      Prohibiting of using the pictures in connection with sensitive topics

It is explicitly forbidden to use the pictures for the following purposes or in the following contexts:

a)      To directly or indirectly promote products, natural or legal persons who or which have not expressly agreed to such use, or to establish a conceptual link with such products or persons.

b)      To defame or disparage products or natural or legal persons.

c)       In combination with a sensitive issue such as, but not limited to, sex, contraception, abuse, family violence, disease, cancer, AIDS, drug abuse, alcohol, cigarettes, etc.

d)      For pornographic purposes.

e)      In combination with a negative view of the operator.

8.      Indemnification against third party claims

9.      Haftung

a)      The operator´s liability shall be limited to deliberate malice and gross negligence. The oprator will not undertake to provide any kind of guarantee that the pictures are usable, marketable or viable on the market for any specific purpose.

b)      Liability will be not admitted for damage to or loss of data (e.g. electronic graphics files) on the user's own or on the operator´s data carriers, or on electronic data transmission paths and networks, only to such an extent that the costs are covered which would result if the data were to be recovered from suitable backups without unacceptable expense.

c)       In so far as no determinations to the contrary are made below, any further claims are hereby excluded. The operator therefore will not admit liability for damages that have not been directly suffered by the pictures that have been issued: in particular, no liability will be admitted for loss of profits or for any other kind of damage to assets.

10.  Obligations of the user
The person placing the order, or user, shall in particular be liable, even when he is acting on the instruction of third parties, for:

a)      Any possible damage to the personal rights of the persons depicted through a use of the picture that has not been authorised by the operator;

b)      Unauthorised copying of the pictorial material, and/or the passing on of the material to third parties. In the latter case the operator has the right to charge a fee of 300,00 € and will exclude the user with immediate effect from any further use of the picture database.

c)       By registration each user chooses a unique password which enables him to access the entire picture archive or other parts of the portal http://www.picworld-deutschland.de/. This unique password may not be passed on to third parties. The user shall be liable to TMGS for all data called up and all orders made by means of the access password, except in a case of third party abuse for which the user is not responsible.

11.  Changes to the pictures
The pictures that have been downloaded may be changed or modified only if the operator has been consulted and if written authorisation has been received. Without authorisation it is not permissible to edit a picture, either by extracting a detail or in any other way.

12.  Data editing and data protection

a)      The operator is a licensee of the PICworld picture database system of HPM Kommunikation GmbH (HPM), Wiesbaden, Germany. In this connection, the HPM stores the personal user data on a Database server of the HPM.

b)      The operator or HPM will collect - during the registration and use of pictures - the user data solely in connection with the settlement of the downloads, advertising links, edit, save or use otherwise.

c)       The data will not be passed on for advertising purposes, provided that the customer has not given his consent either in writing or by an electronically secure channel.

13.  Other matters

a)      If a stipulation of the present agreement should be legally ineffective, the validity of the other stipulations shall not be affected thereby. In the place of the ineffective stipulation another is to be supplied which is both effective, and which approximates as closely as possible in terms of content and object to the ineffective stipulation, so far as this shall be legally permissible.

b)      The operator manages this website in Germany. The terms and conditions of use and all associated legal procedures are subject to German law. If legal proceedings against the operator should be initiated, TMGS shall have the right to decide what jurisdiction shall be selected. It is highly probable that TMGS will select Germany as the place of jurisdiction, irrespective of what country you are situated in or from which country you have visited the website.

14.  Contacts
If you are uncertain of your rights in the context of this agreement, or if you wish to use a picture in a way that is not permitted within the terms of the agreement, please address your enquiry to the operator at:

Operator:

PICworld Picture Database Systems:
HPM Kommunikation GmbH
Business division PICworld Bahnstraße 12
65205 Wiesbaden
GERMANY

E-Mail welcome@picworld.org
Internet www.hpm-kommunikation.de

Managing director: Ursula Hartmann
County court Wiesbaden HRB 13446
VAT ID: DE228960540

(User = Journalists, tour organizer, agencies, ultimate consumer etc.

Operator = City, Region, Museum, touristic facility etc.) 

ATTENTION:

The image database of the operator is based on the PICworld picture database system of the HPM Kommunikation GmbH (HPM), Wiesbaden, Germany, and is a copyrighted development of the HPM. Unauthorized alteration, reproduction or distribution of the system or part of it is a infringement  of the copyright and is punishable.

www.hpm-kommunikation.de

Stand: 05/2009