Terms and conditions of use
photo archive falkensteiner Hotels & Residences
Use of the Falkensteiner photo archive is subject to the following Terms and Conditions of Use:
- FMTG - Falkensteiner Michaeler Tourism Group AG (hereinafter "FMTG AG") owns the copyright exploitation rights, i.e. the exclusive and transferable rights to all photos, videos and logos (hereinafter "contents") from the photo archive of Falkensteiner Hotels & Residences. All the available photos are copyrighted.
- FMTG AG grants authorisation for free use of the contents exclusively to agencies, journalists/press, employees of media companies and partners (hereinafter "users").
- Unless explicitly agreed otherwise, such authorisation for use is free of charge, time-limited, not exclusive, and serves only the purpose of promoting Falkensteiner Hotels & Residences and companies associated with FMTG – Falkensteiner Michaeler Tourism Group AG.
- By granting authorisation of use, the user acquires no rights beyond this, more particularly no ownership rights, copyright or exploitation rights relating to the contents.
- The free use of the contents provided is limited to two years from download. Any non-authorised transfer of the content provided to non-authorised third parties or any non-authorised use is prohibited. The content provided may not be changed, processed, transformed or manipulated.
- Upon use of the Falkensteiner photo archive, copyright, name rights and trademark rights must be respected. Every time the content provided is published or used, a photo and author credit must be provided directly below or next to the respective content:
"© Falkensteiner Hotels & Residences" or "© hotel name" (e.g. Falkensteiner Hotel Schladming) or
"© Falkensteiner Hotels & Residences/photographer" or "© hotel name/photographer" (e.g. Falkensteiner Hotel Schladming/photographer) if the photographer of the FMTG AG content for the respective photograph has been disclosed.
- By clicking on the notice "I have read and accept the Terms and Conditions of Use", the user accepts the Terms and Conditions of Use.
- FMTG AG reserves the right to change the Terms and Conditions of Use anytime by publishing such changes to the website www.media.falkensteiner.com.
- Use of the contents may proceed solely in accordance with these Terms and Conditions of Use and, more particularly, only to promote Falkensteiner Hotels & Residences and companies associated with FMTG AG. All other use of the content must be coordinated with FMTG AG in advance. All infringements shall be prosecuted. Additionally, any infringement of the Terms and Conditions of Use shall authorise FMTG AG to prohibit further use of the content.
- Upon acknowledgement of this authorisation of use, every user engages to refrain from any improper use of the photo archive, notably not to circumvent any security precautions relating to the information service. In the event of an illegal act, FMTG AG is entitled to compensation for damages.
- The use of the content in violation of these Terms and Conditions of Use infringes against the rights of FMTG and could also infringe third-party rights. The user shall be held liable for all damage resulting from such unlawful use. The user shall be responsible for third-party claims and shall hold harmless and indemnify FMTG AG in this regard.
- All contents of the Falkensteiner photo archive have been carefully researched and compiled. Nevertheless, the information provided may contain errors or inaccuracies. FMTG AG accepts no liability for the results obtained through use of the information, notably regarding accuracy, up-to-dateness and completeness. Since the present granting of authorisation for use is free of charge, FMTG AG shall exclude any warranty claim, to the extent permitted by law.
- Any liability on the side of FMTG AG for direct or indirect damage, for lost profit, lost data, for consequential damage and for damage resulting from third-party claims shall be excluded.
- Technical malfunctions during use of the Falkensteiner photo archive, such as download delays, maintenance work or for other reasons, cannot be excluded. FMTG AG assumes no liability for any resulting damages.
- FMTG AG may restrict, terminate or withdraw the privilege to use the Falkensteiner photo archive anytime and for no particular reason. No claims whatsoever shall arise against FMTG AG on the part of the user. The user shall have no claim to the Falkensteiner Hotels & Residences photo archive.
- The user acknowledges that his/her data, i.e. company name and e-mail address shall be recorded, processed and stored by FMTG AG for administration of the photo archive users. The data shall not be shared with third parties and shall not be used for promotion purposes.
- If individual provisions of these Terms and Conditions of Use are or become ineffective, they shall be reinterpreted or complemented in a manner ensuring that the economic purpose of the provision affected is preserved. The validity of the remaining Terms and Conditions of Use shall not be affected thereby.
- These Terms and Conditions of Use are governed by Austrian law, to the exclusion of conflict-of-law provisions and the UN Convention on Contracts for the International Sale of Goods. The exclusive place of performance and jurisdiction for all claims from and relating to these Terms and Conditions of Use shall be the registered office of FMTG AG.