1. Object of the contract
In the context of the provision of a photo database under the internet address images.seaside-hotels.eu, Seaside Hotels offers the possibility of an online search in the database to all accredited customers, as well as the download of select photo materials. Through the download of the photo materials the customer is granted simple usage rights to them. Only the following business terms apply.
A condition for the online search as well as the download of the available photo materials is the accreditation of the customer. In order to gain access to the photo database the customer must have access authorisation. Before the customer receives access authorisation to the photo database, he applies for a login and a password (account).
The issue of personal access authorisation (account) to the customer is only possible on the condition that the customer provide his name, company, address, telephone number and the purpose of use. Searches with a download of photo materials are only possible with a customer number and password. The customer number and the password are non-transferable and must be handled confidentially. The customer is responsible for the protection of his password and must guarantee that the access of third parties to the password and the customer number is not possible. The customer is responsible for any costs and/or loss resulting from unauthorised access to the photo database.
Seaside Hotels reserves the right to revoke the customer number and the password at any time should there be any use of the photo database that is in breach of contract.
3. Conclusion of contract, download of photo materials
Before downloading selected photo materials the customer must specify the envisaged use of the materials. The customer is liable for any loss resulting from false or imprecise usage specifications.
4. Scope of use authorisation, usage terms
A download solely gives the customer simple usage rights to the downloaded photo materials. Usage authorisation is only granted for the purpose specified by the customer. Further-reaching usage or any further use is only authorised after (new) precise specification of use and prior written authorisation.
(c) Seaside Hotels holds the copyright.
Usage rights do not comprise the authorisation of use or release of printed materials made using the original materials to or by third parties. Release to third parties is only authorised for an internal purpose of viewing and choosing materials.
The provided usage rights do not include the right to change/adapt the copyrighted works by copying, photography, photo composition or electronic tools. Exceptions require a separate agreement.
5. Storing the photo materials
The issued usage rights do not substantiate the right of the customer to file/store the photo materials for an extended period. The filing/storage of the photo materials is only authorised for as long as this takes for the realisation of the agreed/authorised use. Longer storage is only authorised after relevant authorisation by Seaside Hotels in individual instances. The customer undertakes to refrain from including the downloaded photo materials in databases that are accessible to third parties.
Seaside Hotels accepts liability neither for functionality of the technical facilities and the EDP program nor for the completeness and correctness of information. ##Seaside Hotels is not liable for any damage to a downloaded photo that is based on errors in the hardware or software of the customer. Seaside Hotels has exerted efforts to obtain the personality rights of the persons shown according to normal journalistic guidelines, but it does not accept liability in case of infringement upon personality rights. For the rest, the liability is limited to intent and gross negligence.
Claims to damages due to defective technical quality of the photo materials are ruled out.
7. Contract term
Seaside Hotels reserves the right to block access to the photo database at any time.
8. Storage of customer data
Your personal data will be collected, processed and used for the implementation of the usage contract of the photo database.
9. Applicable law, legal domicile, final stipulations
Insofar as nothing to the contrary has been stated, every type of use of the photo materials is subject to the conditions of German copyright and registered design law. German law is also agreed upon with regard to deliveries abroad.
Place of fulfilment and legal domicile is Hannover.
Should one of these conditions be or become ineffective, this does not affect the effectiveness of the contract as a whole.