General Business Terms and Conditions for License Agreements of WFB Wirtschaftsförderung Bremen GmbH
21.05.2019

WFB Bremer Touristik-Zentrale is a brand of WFB Wirtschaftsförderung Bremen GmbH

Dear user of the images management application by WFB,

We are pleased that you appreciate our images and that you support Bremen tourism by using our images for commercial purposes in line with this license agreement.

The images originate from many different photographers and partners. Hence, the conditions for the usage of those images vary. In order to simplify the usage of our images, we differentiate between different Authorizations, which are described in Para 2 of the license agreement. To prevent legal problems which are both time consuming and costly, we invite you to read this license agreement very carefully. Thank you.

If you find an image which you may not use or not in the intended form, you should contact our partner directly, who is mentioned beside the image and marked as "Fotograf". You may ask for a special permission or license the use of the image.

Kind Regards,

Yours sincerely,

WFB Wirtschaftsförderung Bremen GmbH
Marketing and tourism, Department of Tourism


1. Scope of Application

(1) The following General Business Terms and Conditions of WFB Wirtschaftsförderung Bremen GmbH (hereinafter "WFB") shall apply to all agreements on royalty free granting of rights regarding pictures between WFB and the user, even if no future reference with respect to their applicability is made.
(2) Any provisions to the contrary, deviations or supplements as well as any other limitations or qualifications by the user will not be accepted by WFB, if not accepted by WFB in an individual case explicitly and in writing replacing this terms and conditions.
(3) Any other agreements, statements, subsidiary agreements and changes to this terms and conditions need to be in written form to become binding. This is also applicable for this provision.
(4) The user by registering in the image management application of WFB explicitly confirms having read and understood and accepts this terms and conditions. The information provided during the registration is complete and correct. The user is responsible to immediately inform WFB about all changes to this information. If a user provides untrue information during the registration or neglects the duty to inform about changes or violates otherwise this license, then the user may be excluded from the image management application with immediate effect. The user is responsible for the secrecy of the password. The disclosure of the password to third parties is not permitted. The user is responsible for all activities made in the scope of his registration. The user has to change his password, in case the password is disclosed to third parties.

2. Rights granted

(1) WFB grants a non-exclusive, not sub-licensable, not transferable, territorial and timely unlimited right to the user, to use the downloaded images royalty-free for the purpose mentioned in Paragraph (2). It is prohibited to archive the images for own purposes, in other image management applications, image catalogues, image galleries and similar collections, for political, ideological and religious advertising or for the use in Social Media.
(2) The images of the image management application of WFB may be viewed by all users. Only some of the pictures may be downloadable depending on the form of registration and the corresponding license or authorization:
Authorization 1: License for royalty-free use for commercial, even non-touristic purposes.

Authorization 2: License for royalty-free use for the following touristic advertisement:

Design of touristic offers regarding Bremen as well as other commercial publications from German and foreign tour operators, travel agencies, flight operators, rail and bus companies, ship operators, hotels, fairs, congress and conference organisers, incoming agencies and similar companies, e.g. travel consultants in the industry;

OR
Design of contributions by publicists in mass communication media regarding Bremen in German and foreign newspapers, magazines, websites and brochures (Purpose: to inform about tourism in Bremen with commercial impressions of the text accompanying the image). Local and regional newspapers, websites and publications are excluded: Only contributions referring to press announcements of WFB, "Schlachte Marketing und Service Verbandes" may be accompanied by images from WFB;

OR
Commercial support of conferences, congresses, fairs and exhibitions in Bremen, particularly for advertisement regarding visits of cultural institutions and their events in Bremen (e.g. art exhibitions, theatre, concert and sports events) as well as traditional seasonal activities (e.g. "Bremer Freimarkt" and Christmas Market).
Authorization 3: Licence for royalty-free use for the press, as the design of contributions by publicists regarding Bremen in German and foreign newspapers, magazines, websites and brochures. Local and regional newspapers, websites and publications are excluded: Only contributions referring to press announcements of WFB, "Schlachte Marketing und Service Verbandes" may be accompanied by images from WFB.

Authorization 4: Licence for royalty-free use of all images for the agencies mandated by WFB for WFB publications.
(3) The use of images for primary commercial purposes and which is not included in Authorization 2 to 4 (cf. Para 2.2) is not royalty-free. This is the case for postcards, calendars, books, posters (excluding touristic posters) and similar objects as well as for the design of presentations of goods or services by companies outside the touristic line of business, as long as they use the images for commercial support of sales and image interests, e.g. background images for window dressing or image brochures.

3. Adaptation

WFB grants a non-exclusive right to adapt images to the user, viz. the adaptation of images by analogue, digital or other means of adaptation as follows: (1) change of size (up-scaling, down-scaling), (2) conversion of colour information, (3) change of colour, contrast and brightness. Adaptations beyond the before mentioned right to adapt is not permitted.

4. Designation of Authorship, reference and voucher copies

(1) The designation of authorship ("Bildquelle") has to be placed at the image or in the list of sources regarding every published image.
(2) A complete voucher copy has to be delivered to WFB immediately and unsolicited as reference after each publication. In case the image is used in the internet, WFB has to be informed immediately regarding the complete address of the respective website.
(3) Each image of the images management application of WFB is numbered to clearly identify the motives. This number must not be deleted. The user receives automatically while downloading this licence agreement and list of sources to the images, which have to be saved together with each image in order to allow a later reference.

5. Compliance with German Press Code

The user is obliged to comply with the recommendations and guidelines of journalistic work by the German Press Council (Press Code). The user is liable for the metadata describing. The user releases WFB from liability and costs, including the costs of a proceeding, for claims by third parties in cases of negligent violations by the user of personal rights, copy rights, property rights or intellectual property rights.

6. Warranty and Liability

(1) The originator of the image only is responsible for the legality of the image as well as to be entitled to transfer the copyright. WFB is not liable for any violation of the responsibility mentioned above.
(2) WFB is liable for fundamental breach of contract ("Kardinalpflichten") as well as for personal injury and according to the German Product Liability Act ("Produkthaftungsgesetz") in cases of slight negligence. The pre-contractual, contractual and extra-contractual liability of WFB is limited to intent and gross negligence. This limitation of liability is also applicable in cases of negligence of vicarious agents of WFB.

7. Data Protection

(1) WFB complies with the rules and standards of data protection and cares for the protection of personal data.
(2) Personal data is only collected for the registration in the images management application of WFB as well as for the granting of rights regarding an image. Personal data will under no circumstances be used outside WFB, sold or transferred to third parties, as long as it is necessary for granting the rights.
(3) Inventory data (name, e-mail) are collected in a user data base after registration in the images management application of WFB and after opening a user account. Because of this, users may login next time with their name and password, without providing the inventory data again. The user may withdraw it's consent at any time.

8. Final Clause

(1) Between the parties German Law is applicable only.
(2) Place of jurisdiction is Bremen.
(3) In case one or more provisions of this licence agreement are not valid, the remaining provisions shall remain applicable. An invalid provision shall be replaced by a valid provision which is as close to the invalid provision as possible and reflects the economic interest of the parties regarding the invalid provision.

 


WFB Wirtschaftsförderung Bremen GmbH
Kontorhaus am Markt
Langenstraße 2-4 (Eingang Stintbrücke 1)
28195 Bremen
Telefon +49 421 960010
Fax +49 421 9600810
mail@wfb-bremen.de

Contact for your questions:
WFB Wirtschaftsförderung Bremen GmbH
GB Marketing und Tourismus, Abteilung Touristik
Findorffstrasse 105
D-28215 Bremen
Telefon +49 421 3080010
Opening hours:
  Mo-Fr 8:30-18 Uhr, Sa 9:30-13 Uhr
  Telefax +49 421 3080036
  E-Mail btz-marketing@bremen-tourism.de

Authorized:   Andreas Heyer (Chairman of the Board)

Company headquarters: Bremen

Registered in the commercial register of the Bremen Local Court under: HRB 3354 HB

VAT registration number: DE11 441 38 16