General Terms and Conditions for the OMV Group Media Database
(as of May 2012)
OMV Aktiengesellschaft (hereinafter “OMV”), with its seat at Trabrennstraße 6-8, 1020 Vienna, Austria, on its website operates the media database of the OMV Group, comprising OMV and those companies in which OMV has a direct or indirect shareholding. The media database can be accessed at www.omv.com or at the local websites of the group companies. Use of the media database and of the images and other data material made available through the database is based exclusively on the General Terms and Conditions set forth below. By using the media database you will be deemed to have accepted the General Terms and Conditions. Terms and conditions of the user that are contrary to these Terms and Conditions or that supplement them or deviate from them will not become part of the right of use unless expressly recognized in writing by OMV.
I. Use of the media database
Through the media database, OMV provides digital images and video, audio and other data material free of charge, to be used for the purpose of reporting within the scope of journalistic-editorial work. Any other use of the images, including without limitation commercial use for advertising purposes, is subject to separate agreement with OMV.
Generally, no registration is required in order to use the media database. Any data material can be obtained by direct download or via a download link by e-mail after having submitted the address.
The rights to images, video, audio and other data material are regulated in Section II of these General Terms and Conditions.The rights to images, video, audio and other data material are regulated in Section II of these General Terms and Conditions.
OMV reserves the right to block access to and disable use of the media database at any time without prior notice and without reason. Access will be blocked and/or use disabled especially if the media database and the media made available through it are used contrary to the Agreement.
OMV endeavors to keep the media database available without any interruptions. However, in spite of all due care taken, downtimes cannot be excluded. OMV assumes no liability or warranty for any interruptions or other failures that may affect the website, nor can the user derive any other claims from any such occurrence. Furthermore, OMV reserves the right to change, alter and/or discontinue the media database at any time.
Utmost care and diligence are used in creating the contents of the media database. However, OMV assumes no liability or warranty for the correctness, completeness and up-to-dateness of the contents provided, especially the correctness of image captions.
Any liability of OMV for property damage or pecuniary damage is limited to intent and gross negligence.
Personal data will be collected, processed and used automatically, exclusively for the purpose of using the media database. In addition, the principles and rules in force with respect to data protection apply.
The laws of Austria, excluding the UN Sales Convention and any conflict-of-laws rules referring the matter to a foreign jurisdiction, shall apply. The place of jurisdiction shall be Vienna, Austria.
If any of these provisions is or becomes invalid, the validity of the remaining provisions of the contract shall not be affected thereby.
OMV shall have the right to assign its rights and duties to any of its affiliated group companies. The regulations concerning the rights of use set forth in Section II and the statutory provisions concerning the transfer of receivables shall remain unaffected.
The user is prohibited from assigning to third parties any receivables due to it from OMV.
II. Use of images and other data material
Any and all images and video, audio and other data material are protected under copyright law and /or other intellectual property rights. Unless agreed otherwise, OMV grants a non-exclusive right of use for strictly journalistic-editorial purposes (excluding illustrated books), in the images and video, audio and other data material made available. Strictly private use and reproduction for educational purposes at schools and universities shall remain unaffected. The right to perform any form of editing or to otherwise change or alter the images is subject to OMV’s prior consent; please contact firstname.lastname@example.org.
The right of use covers one-off use. If the image or data material has not been used within a period of two months after receipt, the right of use becomes extinct. In the case of images or data material representing objects protected in favor of OMV under copyright and/or trademark law and/or the law covering industrial designs, such right shall also cover use of the respective protective rights.
Any transfer, assignment or sub-licensing to any third party of all or part of the right of use granted hereunder is excluded. Excepted from this provision is the transmission of the respective image or material to third parties for internal editorial purposes (sighting and selection of media).
Use of the images in accordance with Section II 1 is permissible only in connection with an agency and copyright notice. That notice must first of all identify OMV as holder of the rights of use and then give the name of the respective photographer as the author of the photograph (example: Picture: OMV Aktiengesellschaft/Joe Bloggs). The notice is to be added in such a way as to leave no doubt concerning allocation.
OMV endeavors to provide images that are free from defects. If the images sent turn out to be defective, OMV, on being informed accordingly, will endeavor to provide images that are free from defects. However, OMV makes no warranty that any images provided are free from defects.
In all other respects, the liability regime set forth in Section I 5 shall apply.
OMV has endeavored to obtain the consent of any persons depicted but makes no warranty that no personal rights will be violated by using the images. The user shall therefore indemnify and hold OMV harmless in respect of possible claims raised by third parties based on the use of the images provided.