We provide this English translation for your convenience only. Only the German version of this text is legally binding!
We will gladly make photographic materials available to you. However, we ask that you abide by these conditions of use.
1. The photos that have been made available can be used at no cost, provided the conditions of use are observed. All photographs are protected by copyright. The City of Speyer and its licensors own the necessary rights to the photographs.
2. The transmitted photographic materials are being made available exclusively for the purpose described below. The City of Speyer transmits to the client for this purpose a simple, one-time, non-exclusive and substantially limited right to use them in accordance with the conditions described herein.
3. The photographs may be used by the user only for a visual portrayal of travel destinations, tourist attractions and touristic offers of Speyer and must represent advertising support of Speyer as a tourist destination. For this purpose, the City of Speyer permits the copying, publication and reproduction of these photos in the press as well as in analog and digital publications and media.
4. Excluded from royalty-free use is every type of application where the photographs are used for commercial, profit-making applications. This is the case especially for postcards, calendars, picture books, posters and similar objects. Also excluded is their application specifically in commercial publishing house products and other publications for purposes of reselling as well as applications in artistic support of presentations of goods and services. No photographs may be downloaded for these purposes.
5. The photographs are available to the user by direct download.
6. The user is obligated, per § 13 UrhG, to include the appropriate copyright notice. This notice must always read: “© Stadt Speyer”. This also applies to electronic publication such as on websites.
7. The user may not transfer the rights transmitted to him to third parties. He may not pass along the photographs in any form or via online systems for application or distribution. One exception is the transfer to companies that have contracted with the user to publish or reproduce the photographs.
8. The user must immediately delete the photographs downloaded by him after they have been used for their assigned purpose. Electronic storage of photographic files in one’s own archives is not permitted. This also applies to firms with which the user has contracted to publish or reproduce the photographs.
9. Any processing, conversion or manipulation of the photographs made available for the purpose of color correction, cropping or size reduction is not allowed or must be authorized through prior written approval by the City of Speyer. Distortion of the copyright-protected work in picture, word or other form, for example by rephotography, graphic distortion, photocomposition, or electronic means is not permitted. The user bears responsibility for the legend. The application of the photograph for the glorification of violence, pornography or otherwise illegal applications is expressly prohibited by the City of Speyer.
10. The media are specifically obligated to observe the journalistic policies of the German Press Council (Pressecodex).
11. The agreement by the City of Speyer to the use of photographic material does not include the assurance that persons shown in the photo, owners of rights to works shown in the photo, or the owners of brands and other property rights have given their agreement to public reproduction. The obtaining of necessary agreement from third parties in individual cases resides with the user. He is himself obligated to observe the privacy, copyright, brand and other protective rights of pictured persons, works, objects and signs. The user alone is liable for damages when such rights of third parties have been overlooked.
12. In accordance with § 25 of the law on the right of publication dated 19 September 1901 (RGBl. S. 217), a complete specimen copy of the published photographic material must be made available to the City of Speyer unsolicited and at no cost.
13. If these use conditions are violated, the City of Speyer can demand that the user retract all of the products that portray the photograph at his own expense and either corrects them or cancels their entire distribution. In the case of commercial exploitation of the photographs for which there was no prior agreement, the creators of the photograph and owners of the rights to the photograph are entitled to additional remuneration in line with customary compensation for photographic usage rights. In addition, the City of Speyer reserves the right to demand damages. In the event of the unauthorized use of copyright-protected works, these will consist of the customary surcharge of 100% of the aforementioned remuneration.
14. The City of Speyer does not accept any responsibility for the usefulness/marketability/market suitability of the photographs for a particular purpose.
15. Should any one clause of the above use conditions prove to be unworkable, the validity of the remaining clauses shall not be affected. In place of the unworkable clause, a clause will be introduced that is workable and that comes closest to the unworkable clause in content and purpose.