Terms and conditions of images

1. All images on this website are subject to copyright and may only be used in accordance with the terms and conditions listed here. The term “use” applied below includes download and every form of duplication, adaptation, circulation and publication, regardless of the technical form in which this occurs. Users of this image database accept these terms and conditions as a binding agreement between themselves and Hamburg Marketing GmbH (HMG) before an initial download or any other use of an image can take place.

Unlawful use of this image database may be prosecuted according both to general laws and to these terms and conditions, under both civil and criminal law.

 

2. The HMG allows use of these images without charge for the following groups of users and the following purposes:

a) Use by private individuals, solely for private, non-commercial use.

b) Use by:
Administrative authorities belonging to the districts, communities and towns of the Hamburg Metropolitan Region. The term “Hamburg Metropolitan Region”, under these terms and conditions, incorporates all the areas encompassed within state contracts, administrative agreements and cooperative agreements valid at the time of use, and areas included as part of the Hamburg Metropolitan Region under other existing or future agreements; also the district of Ludwigslust, Public corporations located within the Hamburg Metropolitan Region, Companies in which administrative authorities of the Hamburg Metropolitan Region are involved financially as a shareholder, or companies to which administrative authorities of the Hamburg Metropolitan Region grant financial support from public funds; in particular companies that promote economic growth and tourism and companies located and engaged in marketing of the Hamburg Metropolitan Region, in each case exclusively for purposes of regional marketing for their activities in the Hamburg Metropolitan Region.

c) Use by administrative authorities based outside of the Hamburg Metropolitan Region exclusively for editorial publications (e.g. brochures) providing information for the public about the Hamburg Metropolitan Region.

d) Use for illustration of journalistic-editorial reporting providing information for the public about the Hamburg Metropolitan Region in all media, especially print publications, filmed reports, internet articles and so on, so long as no advertising reference is made to any services, products or offers made by identifiable providers and/ or to those providers themselves.

e) Attention is explicitly drawn to the fact that use on/ in products that are offered for sale for a purchasing price is not permitted. This is particularly relevant in the case of merchandising articles, for example (but not only) postcards/ posters/ placards, calendars, books, clothing, bags, decorative items, stationery, CDs/DVDs/Blue Ray discs and similar data carriers. Use in newspapers and magazines offered for sale is permitted under the conditions specified in clause d) above.

 

3. Images identified on the media server as “for everyone” and marked with a symbol  may, besides the user groups and purposes cited in clause 2. above, also be used by other companies; that is to say companies which are neither directly nor indirectly associated with administrative authorities of the Hamburg Metropolitan Region, and by non-profit-making organizations located in the Hamburg Metropolitan Region, so long as the use is exclusively for purposes of regional marketing for their activities in the Hamburg Metropolitan Region and contains no advertising messages relating to any services, products or other offers.

Any other use of the “for everyone” images, in particular for advertising or commercial purposes, may be applied for on a case by case basis via the HMG (contact: markenservice@marketing.hamburg.de) and written approval obtained. The HMG retains the right to grant or refuse permission at its own discretion and is not obliged to give any reasons for its decisions. Should permission be granted, responsibility for use in accordance with clause 4. of these terms and conditions lies with the user.

 

4. Responsibility for lawful use of the images lies solely with the user. Users are obliged to observe these terms and conditions, general laws where applicable and other binding legal regulations when using these images. In particular they are obliged to preserve the rights of third parties when using the images (e.g. personal rights, rights to one’s own image, copyrights, trademarks, etc.) and to observe criminal law and laws protecting young people.

HMG is not liable for claims based on the unlawful use of images. This exclusion from liability does not apply should the HMG or its employees act in a manner that is willful or negligent.

 

5. Images which are no longer offered on the media server at the time of intended use may no longer be used. Products which have already been fully manufactured (e.g. printed) may continue to be sold, providing they have been manufactured and offered/ sold in accordance with these terms and conditions, and on the condition that the rights of third parties and/ or legal/ contractual injunctions do not contradict this use.

In certain cases a limited timeframe has been agreed with photographers during which an image may be used. This timeframe is displayed next to each of the relevant images on the media server. Users are only permitted to make use of these images until the end of the period of time specified for each image. Clauses 9-11 of these terms and conditions apply in the case of continued use beyond the permitted timeframe.

 

6. Users are not permitted to transfer their own rights to use images to any third parties, except in cases where images are passed to companies who have been contracted by the user to complete the manufacture/ technical delivery of a project which uses images in accordance with these terms and conditions, general laws and legal regulations. Such companies are permitted to download images themselves for this purpose; however they are obliged to completely delete all downloaded data immediately upon completion of the task.

 

7. Any adaptation or editing of the images is prohibited. This also applies in the case of montages, electronic adaptation of any kind, and the use of cropped images.

Adaptation that does not alter the essential content and message of an image and does not impinge on any rights of third parties or legitimate interests of the HMG may be agreed in advance, in writing, with the HMG on a case by case basis (contact: markenservice@marketing.hamburg.de). The HMG retains the right to grant or refuse permission at its own discretion and is not obliged to give any reasons for its decisions. Should permission be granted, responsibility for use in accordance with clause 4.of these terms and conditions lies with the user.

 

8. For every publication of an image the user is obliged to include a caption naming the originator: “Image: www.mediaserver.hamburg.de” and, if provided, to give the name of the photographer (example: “Image: www.mediaserver.hamburg.de / B. Mueller).

The caption must be positioned directly alongside the relevant image. Collective captions are only permitted as an exception, so long as the originator of each image can be easily and clearly identified. Please ensure to create a hyperlink to images on Websites. Exceptions may be agreed in writing by the HMG on a case by case basis.

 

9. HMG retains the right to refuse use of an individual image or to entirely refuse a user any future use of images should it have good reason. Good reason may include, in particular, any breach of these terms and conditions, laws or other legal regulations.

In this case the user agrees not to undertake any further use of the image database and to completely delete all previously downloaded images. Use of images in online media e.g. the internet must be ceased immediately and images saved for this purpose deleted. Products which have already been fully manufactured (e.g. printed) may continue to be sold, providing they have been manufactured and offered/ sold in accordance with these terms and conditions, and on the condition that the rights of third parties and/ or legal/ contractual injunctions do not contradict this use.

 

10. In the case of a breach of these terms and conditions the HMG may demand that the user withdraws or corrects all of the products which carry the images at his own cost, or that he completely stops all circulation. In this case the HMG furthermore retains the right to exercise legal claims, in particular claims for compensation and entitlements in accordance with clause 11 of these terms and conditions.

 

11. In the case of a use of the images that breaches these terms and conditions or laws, the user undertakes to pay an image royalty at market rates as compensation, calculated on the basis of the annual royalty overview held by the Mittelstandsgemeinschaft Fotomarketing (MFM). The user and the HMG remain at liberty to prove the case for a higher or lower royalty.

The HMG and photographers/ image originators retain the right to exercise additional legal claims, in particular to enforce the removal/ eradication of their images and to continued claims for compensation. The user is obliged, on demand, to immediately provide the HMG with a complete and truthful written account of the type and scope of their unauthorized use, along with any further information required for the enforcement or non-pursuance of claims, and to attest in writing and on oath to the truth and entirety of this information upon demand.

 

12. Users are obliged to send the HMG on demand, immediately and at no cost, two sample copies of all uses of the images (regardless of the form in which use occurred, e.g. printed copies, CD/DVD etc., online link).

 

13. The available image data has been compiled according to the best of our knowledge and in good conscience. However the HMG accepts no liability for inconstant accessibility of the data, faults within the data or for any system errors or faults which may result from these. This exclusion from liability does not apply should the HMG or its employees act in a manner that is willful or negligent.

 

14. The law of the Republic of Germany applies, with the exception of the UN purchasing law. Hamburg is the agreed place of jurisdiction for disagreements connected to the use of the images and these terms and conditions, so long as this is permissible by law.

Please note: The possibility of one of the requirements within these terms and conditions proving ineffective has no bearing upon the effectiveness of any of the other requirements. The ineffective requirement may be replaced by a suitable, effective requirement, which most closely achieves the intended economic purpose. The same applies in the case of a contractual loophole.

Terms and conditions of press images

1. These Terms and Conditions apply to pictures with the symbol  . All press images are subject to copyright and may only be used in accordance with the Terms and Conditions listed here. The term “use” as applied below includes downloads and every form of duplication, adaptation, circulation and publication, regardless of the technical form in which this occurs. Users of press images accept these Terms and Conditions as a binding agreement between themselves and Hamburg Marketing GmbH (HMG) before an initial download or any other use of an image may occur.
Unlawful use may be prosecuted both under civil and criminal law according to general laws and these Terms and Conditions.

 

2. HMG allows use of these press images without charge and for a limited period of time, for the purpose of illustrating current journalistic-editorial reporting that provides the public with information on the Hamburg Metropolitan Region in all media, especially print publications, filmed reports, websites, etc. This only applies provided that no commercial reference is made to any services, products or other offers made by identifiable providers and/or to those providers themselves.

Press images may only be used within the period of time allotted to each press image. The user agrees to completely delete any copies of press images (downloads) he/she may hold on expiry of the individual period of usage.
HMG reserves the right to remove press images from the server even during the respective usage duration. Press images that are no longer offered on the server at the time of intended use may no longer be used. Products that have already been fully manufactured and that are tangible (e.g. printed publications) may continue to be sold, provided that they have been manufactured and offered/sold in accordance with these Terms and Conditions, and on the condition that the rights of third parties and/or legal/contractual injunctions do not contradict this use.

 

3. Responsibility for the use of press images lies solely with the user. When using press images, users are obliged to observe these Terms and Conditions, as well as general laws where applicable, and other binding legal regulations. In particular, users are obliged to preserve the rights of third parties (e.g. personal rights, rights to one’s own image, copyrights, and trademark rights) and to observe criminal law and laws protecting young people.

HMG is not liable for claims based on the unlawful use of press images. This exclusion from liability does not apply should HMG or its employees act in a manner that is willful or grossly negligent.

 

4. Users are not permitted to transfer their own rights to any third parties, except in cases where images are passed to companies that have been contracted by the user to complete the manufacture/technical delivery of a project that uses images in accordance with these Terms and Conditions and general laws/legal regulations. Such companies are permitted to download images themselves for this purpose; however, they are obliged to completely delete all downloaded data immediately upon completion of the task.

 

5. Any adaptation/editing of press images is prohibited. This also applies to all forms of composite pictures and digital edits and the use of image extracts.

 

6. For every publication of an image the user is obliged to include the photo credit/copyright notice specified on the server for each press image.

The relevant caption shall be positioned directly below or alongside the respective image. Collective captions are only permitted as an exception, provided that the copyright notice can be easily and clearly attributed to the relevant image. Please ensure to create a hyperlink to images on Websites. Exceptions may be agreed in writing by HMG on a case-by-case basis.

 

7. HMG reserves the right to refuse use of individual press images or to entirely refuse a user any future use should HMG have good reason. Good reason may include, in particular, any breach of these Terms and Conditions, laws or other legal regulations.
In this case the user agrees not to undertake any further use and to completely delete all previously downloaded pictures. Use of images in online media, e.g. on the internet, shall be ceased immediately and any images saved for this purpose shall be deleted. Products that have already been fully manufactured and that are tangible (e.g. printed publications) may continue to be sold, provided that they have been manufactured and offered/sold in accordance with these Terms and Conditions, and on the condition that the rights of third parties and/or legal/contractual injunctions do not contradict this use.

 

8. In the case of a breach of these Terms and Conditions, HMG may demand that the user withdraw or correct all of the products that include press images at his/her own cost, or that he/she completely cease all circulation. In this case, HMG furthermore reserves the right to exercise legal claims, in particular claims for compensation and entitlements in accordance with Clause 9 of these Terms and Conditions.

 

9. In the case of use of press images that breach these Terms and Conditions or laws, HMG, its licensers and photographers/artists reserve the right to exercise legal claims, in particular claims for injunction/removal, and continued claims for compensation. The user is obliged, upon demand, to immediately provide HMG with a complete and truthful written account of the type and scope of their unauthorised use, along with any further information required for the enforcement or defence of claims, and to attest in an affirmed written statement to the truth and entirety of this information upon demand.

 

10. Users are obliged to send HMG upon demand, immediately and at no cost, two sample copies of all uses of press images, irrespective of the form in which use occurred (e.g. printed copies, online link).

 

11. The available image data has been compiled according to the best of HMG’s knowledge and in good conscience. Yet HMG accepts no liability for inconstant availability of data, for faults within the data or any system errors or faults that may result from these. This exclusion from liability does not apply in the event that HMG or its employees act in a manner that is willful or grossly negligent.

 

12. The law of the Federal Republic of Germany applies, with the exception of UN purchasing law. Unless specified otherwise, Hamburg is the agreed place of jurisdiction for disagreements connected to the use of the press images and these Terms and Conditions, to the extent permitted by law. The possibility of one of the requirements within these Terms and Conditions proving ineffective has no bearing upon the effectiveness of any of the other requirements. The ineffective requirement may be replaced by a suitable, effective requirement that most closely achieves the intended economic purpose. The same applies in the case of a contractual gap.

Terms and conditions of videos

1. All films on this website are subject to copyright and may only be used in accordance with the terms and conditions listed here. The term “use” applied below includes download and every form of duplication, adaptation, circulation and publication, regardless of the technical form in which this occurs, including excerpts and stills from the films. Users of this film database accept these terms and conditions as a binding agreement between themselves and Hamburg Marketing GmbH (HMG) before an initial download or any other use of a film can take place.

Unlawful use of this film database may be prosecuted according both to general laws and to these terms and conditions, under both civil and criminal law.

 

2. The HMG allows use of these films without charge for the following groups of users and the following purposes:

a) Use by private individuals, solely for private, non-commercial use.

b) Use by:
Administrative authorities belonging to the districts, communities and towns of the Hamburg Metropolitan Region. The term “Hamburg Metropolitan Region”, under these terms and conditions, incorporates all the areas encompassed within state contracts, administrative agreements and cooperative agreements valid at the time of use, and areas included as part of the Hamburg Metropolitan Region under other existing or future agreements; also the district of Ludwigslust, Public corporations located within the Hamburg Metropolitan Region, Companies in which administrative authorities of the Hamburg Metropolitan Region are involved financially as a shareholder, or companies to which administrative authorities of the Hamburg Metropolitan Region grant financial support from public funds; in particular companies that promote economic growth and tourism and companies located and engaged in marketing of the Hamburg Metropolitan Region, in each case exclusively for purposes of regional marketing for their activities in the Hamburg Metropolitan Region.

c) Use by administrative authorities based outside of the Hamburg Metropolitan Region exclusively for editorial publications (e.g. brochures) providing information for the public about the Hamburg Metropolitan Region.

d) Use for illustration of journalistic-editorial reporting providing information for the public about the Hamburg Metropolitan Region in the media, especially filmed reports, internet articles and so on, so long as no advertising reference is made to any services, products or offers made by identifiable providers and/ or to those providers themselves.

e) Attention is explicitly drawn to the fact that use on/ in products that are offered for sale for a purchasing price is not permitted. This is particularly relevant in the case of CDs/DVDs/Blue Ray discs and similar data carriers, and for merchandising articles.

 

3. Any use of the films other than those listed in clause 2 above; in particular use for advertising or commercial purposes may be applied for on a case by case basis, taking into consideration the existing agreements for rights of use. Users should apply to the HMG (contact: markenservice@marketing.hamburg.de) who may grant written approval. The HMG retains the right to grant or refuse permission at its own discretion and is not obliged to give any reasons for its decisions. Should permission be granted, responsibility for use in accordance with clause 4. of these terms and conditions lies with the user.

 

4. Responsibility for lawful use of the films lies solely with the user. Users are obliged to observe these terms and conditions, general laws where applicable and other binding legal regulations when using these films. In particular they are obliged to preserve the rights of third parties when using the films (e.g. personal rights, rights to one’s own image, copyrights, and trademarks) and to observe criminal law and laws protecting young people.
HMG is not liable for claims based on the unlawful use of films. This exclusion from liability does not apply should the HMG or its employees act in a manner that is willful or negligent.

 

5. Films which are no longer offered on the media server at the time of intended use may no longer be used. Products which have already been fully manufactured may continue to be sold, providing they have been manufactured and offered/ sold in accordance with these terms and conditions, and on the condition that the rights of third parties and/ or legal/ contractual injunctions do not contradict this use.
Clauses 9-11 of these terms and conditions apply in the case of unauthorized continued use.

 

6. Users are not permitted to transfer their own rights to use films to any third parties, except in cases where films are passed to companies who have been contracted by the user to complete the manufacture/ technical delivery of a project which uses films in accordance with these terms and conditions, general laws and legal regulations. Such companies are permitted to download films themselves for this purpose; however they are obliged to completely delete all downloaded data immediately upon completion of the task.

 

7. Any adaptation or editing of the films is prohibited. Prohibited adaptation includes the use of excerpts and stills along with shortened and extended versions and edits with other material. Opening and final credits and fade-ins, where these exist, should be transmitted in their entirety with every use.
Adaptation that does not alter the essential content and message of a film and does not impinge on any rights of third parties or legitimate interests of the HMG may be agreed in advance, in writing, with the HMG on a case by case basis (contact: markenservice@marketing.hamburg.de). The HMG retains the right to grant or refuse permission at its own discretion and is not obliged to give any reasons for its decisions. Should permission be granted, responsibility for use in accordance with clause 4. of these terms and conditions lies with the user.

 

8. Users are obliged to name the source of all films shown: “Video: www.mediaserver.hamburg.de”.
Should further names of rights owners be provided on the media server, these must be listed along with the source (example: “Video: www.mediaserver.hamburg.de /Hamburg Marketing GmbH”).
For uses in online media (e.g. the internet) the source should be named simply and clearly at the point where the film can be downloaded. In the case of journalistic-editorial uses according to clause 2 d), on television and in other electronic media, naming of the source should be undertaken by the user by means of incorporation into the film, assuming it is not already contained within the film.
In the case of all other permitted uses, naming of the source should occur similarly in a simple and clear fashion, so far as this is technically possible.

 

9. HMG retains the right to refuse use of an individual film or to entirely refuse a user any future use of films should it have good reason. Good reason may include, in particular, any breach of these terms and conditions, laws or other legal regulations.
In this case the user agrees not to undertake any further use of the film database and to completely delete all previously downloaded films. Use of films in online media e.g. the internet must be ceased immediately and films saved for this purpose deleted. Products which have already been fully manufactured may continue to be sold, providing they have been manufactured and offered/ sold in accordance with these terms and conditions, and on the condition that the rights of third parties and/ or legal/ contractual injunctions do not contradict this use.

 

10. In the case of a breach of these terms and conditions the HMG may demand that the user withdraws or corrects all of the products which carry film content at his own cost, or that he completely stops all circulation. In this case the HMG furthermore retains the right to exercise legal claims, in particular claims for compensation and entitlements in accordance with clause 11 of these terms and conditions.

 

11. In the case of a use of the films that breaches these terms and conditions or laws, the user undertakes to pay a film royalty at market rates as compensation. The user and the HMG remain at liberty to prove the case for a higher or lower royalty.
The HMG and other owners of rights retain the right to exercise additional legal claims, in particular to enforce the removal/ eradication of their films and to continued claims for compensation. The user is obliged, on demand, to immediately provide the HMG with a complete and truthful written account of the type and scope of their unauthorized use, along with any further information required for the enforcement or non-pursuance of claims, and to attest in writing and on oath to the truth and entirety of this information upon demand.

 

12. Users are obliged to send the HMG on demand, immediately and at no cost, two sample copies of all uses of the films (regardless of the form in which use occurred, e.g. CD/DVD etc., online link).

 

13. The available film data has been compiled according to the best of our knowledge and in good conscience. However the HMG accepts no liability for inconstant accessibility of the data, faults within the data or for any system errors or faults which may result from these. This exclusion from liability does not apply should the HMG or its employees act in a manner that is willful or negligent.

 

14. The law of the Republic of Germany applies. Hamburg is the agreed place of jurisdiction for disagreements connected to the use of the films and these terms and conditions, so long as this is permissible by law.
Please note: The possibility of one of the requirements within these terms and conditions proving ineffective has no bearing upon the effectiveness of any of the other requirements. The ineffective requirement may be replaced by a suitable, effective requirement, which most closely achieves the intended economic purpose. The same applies in the case of a contractual loophole.

Terms and conditions of footage

1. The following Terms of Use apply to all footage (film clips, hereinafter “footage”) made available by Hamburg Marketing GmbH (HMG). Footage may be used only by the user groups listed below and only in compliance with these Terms of Use. The term "use" as used hereinafter includes downloading or opening a file made available by HMG as well as any form of reproduction, modification, distribution and publication also in the form of excerpts and stills from the footage, in whatever technical form this may occur (e.g. online and offline). Before any initial download or before any other use of footage, the user accepts these Terms of Use as a binding agreement between the user and Hamburg Marketing GmbH (HMG). In accordance with general law and in accordance with these Terms of Use, the illegal use of footage may be pursued under civil law and prosecuted under criminal law.

 

2. HMG grants permission to the use of footage, free of charge, only to the following user groups and for the following usage purposes:

a) use by administrative bodies of the districts, administrative districts, municipalities, cities and towns in the Hamburg Metropolitan Region. According to these Terms of Use, the term “Hamburg Metropolitan Region” shall include regions covered by valid treaties, executive agreements, cooperation agreements and other existing or future agreements relating to the Hamburg Metropolitan Region at the time of use, as well as the district of Ludwigslust, public corporations located in the Hamburg Metropolitan Region, companies which are partially owned by administrative bodies of the Hamburg Metropolitan Region and/or companies who have been granted public funding by administrative bodies of the Hamburg Metropolitan Region and, in particular, business development and tourism organisations as well as municipal marketing organisations based in the Hamburg Metropolitan Region, whereby footage may be used solely for the purpose of location marketing related to the respective user’s activities within the Hamburg Metropolitan Region.

b) use for the purpose of illustrating editorial reporting aimed at informing the public about the Hamburg Metropolitan Region in media publications, in particular film clips, websites etc., provided that no reference is made to services, products and other proposals offered by identifiable providers and/or to such providers.

c) Any further use of the footage by groups not listed in these Terms of Use, in particular advertising and/or commercial use, may be granted by HMG in individual cases upon request in written form (contact: markenservice@marketing.hamburg.de) and with reference to these Terms of Use. HMG reserves the right to grant or deny authorisation for the release of such footage at its own discretion. Even after release, responsibility for the use of such footage lies with the user in accordance with Clause 3 of these Terms of Use.

 

3) In using footage, users act upon their own responsibility. In using the footage, users are obliged to comply with these Terms of Use, applicable law and other binding legal provisions. By using the footage, users are, most notably, obliged to safeguard the rights of third parties (e.g. personal rights, the right to one’s own image, copyright, and trademark rights) and to comply with criminal law and youth protection legislation.

HMG shall not be liable for claims resulting from illegal use of the footage. This exclusion of liability does not apply in the event that HMG and/or HMG staff have acted intentionally or with gross negligence.

 

4) In the event that a period of use or other restrictions are specified for the relevant footage/clip, these are to be observed by users and users are to comply with these upon their own responsibility.
Footage that is no longer available on the Media Server on the date of intended use or has expired for the specified period of use may no longer be used.

 

5) Users may not transfer the rights granted to them to third parties, with the exception of such instances where footage is relayed to companies which the user has commissioned with the production/technical implementation of use in accordance with the provisions of these Terms of Use and general law/legal provisions. To this end, such companies are also permitted to download footage themselves, whereby they are obliged to fully delete the files immediately after completion of the work.

 

6) Users of user group 2 a (“administrative bodies” et al.) are required to include the copyright notice "source:www.mediaserver.hamburg.de” regarding the respective footage in the opening or closing credits, or in the absence of these, clearly indicate the source by other appropriate means (e.g. by means of insertion). If, in individual cases, the respective footage/clip provides names of additional copyright holders, users are obliged to include these names in the copyright information (for instance: www.mediaserver.hamburg.de / xxx).

 

7) HMG reserves the right to prohibit the use of the footage in individual cases or to ban a user altogether from future use of the footage for a valid reason. A valid reason applies in particular in instances of the breach of these Terms of Use, laws or other legal provisions. In such cases, users may not make any further use of the footage and are obliged to fully delete the footage they have obtained. Any use in online media, e.g. on the internet, is to be terminated immediately. Fully finished physical products that have been produced and offered/distributed in compliance with these Terms of Use may be distributed further, provided that this does not conflict with the rights of third parties and/or any contractual/legal injunction proposals.

 

8) If a user is found to be acting in breach of these Terms of Use, HMG has the right to demand the user to withdraw and/or rectify any of his products containing footage at his own expense or demand the user to terminate distribution altogether at his own expense. Moreover, in such cases HMG reserves the right to assert legal claims, especially claims for damages and claims pursuant to these Terms of Use.

 

9) Users are required to send HMG two specimen copies of all instances of use of the footage, irrespective of the form of usage (e.g. CD/DVD etc., online link) and to do so without delay and free of charge.

 

10) The available files have been produced to the best of our knowledge and belief. Yet HMG does not assume liability for the continuous availability of data, nor does HMG accept any liability for erroneous data and system errors/system failures resulting from this. This exclusion of liability does not apply in the event that HMG and/or HMG staff have acted intentionally or with gross negligence.

 

11) The laws of the Federal Republic of Germany apply. To the extent permitted by law, the agreed place of jurisdiction for disputes arising from the use of footage and these Terms of Use shall be Hamburg, Germany. In the event that any provision of these Terms of Use is found to be invalid, the remaining provisions shall continue to be valid. The invalid provision shall be replaced by a valid provision that corresponds as closely as possible to the intended meaning and economic purpose. The same shall apply in the case of a contractual gap.

Terms and Conditions of Use for the Hamburg Font ("HamburgSans")

1. Hamburg Marketing GmbH (HMG) is the owner of the exclusive rights of use to the Hamburg font “HamburgSans”, which has been developed on behalf of HMG. This font may only be used in observance of the following Terms and Conditions of Use. The term “use” employed in the following includes the downloading and every form of reproduction, processing, dissemination, and publication, irrespective of the technical form employed. Prior to the first download or other use of the font, the user accepts these Terms and Conditions of Use as a binding agreement between himself and HMG.

In accordance with general law and these Terms and Conditions of Use, unlawful use of the font may result in civil and criminal proceedings.

 

2. HMG only authorises the use of the Hamburg font by:
administrative bodies of the administrative districts, municipalities, cities and towns of the Hamburg Metropolitan Region. In accordance with these Terms and Conditions of Use, the term “Hamburg Metropolitan Region” includes areas covered by valid state treaties, administrative agreements, cooperation agreements, and other existing or future agreements relating to the Hamburg Metropolitan Region at the time of use, as well as the administrative district of Ludwigslust; public corporations located in the Hamburg Metropolitan Region; companies which are partially owned by administrative bodies of the Hamburg Metropolitan Region and/or companies who have been granted public funding by administrative bodies of the Hamburg Metropolitan Region and, in particular, business development and tourism organisations as well as municipal marketing organisations based in the Hamburg Metropolitan Region, whereby the font may be used exclusively for the purpose of location marketing related to the respective user’s activities within the Hamburg Metropolitan Region.

On request, written permission for additional usage can be granted by HMG (contact: markenservice@marketing.hamburg.de). In such cases HMG is within its rights to grant or refuse permission as it sees fit, without providing a reason. In the event of permission being granted the responsibility for use remains with the user in accordance with Section 4 of these Terms and Conditions of Use.
It is expressly stated that the use of the font on/in products offered for purchase against payment is not permitted. This applies in particular to merchandising items such as (in a non-exhaustive list) postcards/posters/placards, calendars, books, clothing, bags, decorative items, stationery, CDs/DVDs/Blue Ray Discs and similar data carriers.

 

3. The processing/alteration of the font in any form is not permitted. The user may only employ the variants of the font provided by HMG.

 

4. The user carries full responsibility for the use of the font. Users are obliged to comply with these Terms and Conditions of Use, applicable general laws, and other binding statutory provisions when using this font. In particular, they are obliged to respect the rights of third parties when employing the font (e.g. rights of the individual, copyright, trademark rights) as well as criminal law and youth protection legislation.

HMG is not liable for claims resulting from an unlawful use of this font. This exemption from liability does not apply in cases where HMG and/or its employees have acted intentionally or with gross negligence.

 

5. In order to ensure a uniform communication design for the Hamburg Metropolitan Region, the user may only use the version of the Hamburg font provided on the Media Server at the time of the first publication of his text. Should the font no longer be available on the Media Server at the time of its intended use, then it may no longer be used.
Completed texts in tangible form (e.g. printed texts) may – in so far as they have been produced and offered/distributed in compliance with these Terms and Conditions of Use – continue to be distributed unchanged, in so far as they do not violate the rights of third parties and/or they are not subject to judicial/contractual cease-and-desist orders.

Intangible texts (e.g. online media / internet) are to be altered as soon as the user becomes aware of a change to the font or its removal from the Media Server.

 

6. The user himself may not transfer the rights conferred to him to third parties. The exception is the passing on of the font to companies which the user has commissioned to carry out the production/technical realisation in accordance with these Terms and Conditions of Use and the general laws/statutory provisions. For this purpose, such companies are also permitted to conduct their own download, whereby the files are to be deleted in their entirety immediately following completion of the contract.

 

7. HMG retains the right to prohibit the use of the font in individual cases or the future use of the font by the user in its entirety due to good cause. Instances of good cause include a violation of these Terms and Conditions of Use, laws, or other statutory provisions.
In such cases the user is obliged to refrain from further use and to completely delete the letter templates/fonts (downloads) in his possession. The use of the font in online media, e.g. the internet, is to be terminated immediately and font files stored for this purpose are to be deleted. Completed texts in tangible form (e.g. printed texts) may – in so far as they have been produced and offered/distributed in compliance with these Terms and Conditions of Use – continue to be distributed, in so far as they do not violate the rights of third parties and/or they are not subject to judicial/contractual cease-and-desist orders.

 

8. In the event of a violation of these Terms and Conditions of Use, HMG can demand that the user, at his own cost, withdraw his products employing the font, alter them, or completely discontinue their distribution. Furthermore, in such cases HMG reserves the right to make statutory claims, in particular claims for compensation and claims in accordance with Section 9 of these Terms and Conditions of Use.

 

9. In the event of the use of the font in violation of these Terms and Conditions of Use or laws, the user is obliged to pay a fee of an amount customary in the market as compensation for violation of the license. The user and HMG remain at liberty to prove a higher or lower damage resulting from the violation of the license.
In addition, HMG reserves the right to make statutory claims, in particular cease-and-desist/elimination orders and further compensation claims. The user is obliged, on request, to immediately provide HMG with a complete and truthful written account of the nature and scope of his prohibited usage, and if necessary, further information required for the enforcement of or defence against claims, and on request, to furnish a written affidavit confirming the correctness and completeness of this information.

 

10. The font data (fonts) provided have been produced to the best of our knowledge and belief. Nevertheless HMG does not accept any liability for interruptions in the availability of the data, errors in the data or for any resulting system errors or disturbances. This exemption from liability does not apply in those cases where HMG and/or its employees have acted intentionally or with gross negligence.

 

11. The laws of the Federal Republic of Germany apply, with the exception of the UN Convention on Contracts for the International Sale of Goods. To the extent permitted by law, the agreed place of jurisdiction for disputes arising from the use of the font and these Terms and Conditions of Use shall be Hamburg, Germany.
In the event that any provision of these Terms and Conditions of Use is found to be invalid, the remaining provisions shall continue to be valid. The invalid provision shall be replaced by a valid provision that corresponds as closely as possible to the intended meaning and economic purpose. The same shall apply in the case of a contractual gap.