The image and digital file bank of Basquetour, Turismoaren Euskal Agentzia- Agencia Vasca de Turismo, S.A. (hereinafter “Basquetour”) available at www.images.basquetour.eus (hereinafter “Image Bank”), its contents (including the graphic design, source code, logos, texts, graphs, illustrations, photographs or distinctive signs and any elements that appear in www.images.basquetour.eus) and all the intellectual and industrial property rights on them (except for the ones foreseen in section xii of these terms) are exclusively owned by Basquetour with regard to the user, who should at all times observe these rights.
The user will not be given any intellectual or industrial right on the Image Bank nor on any of its contents, and the User is expressly prohibited to reproduce, transform, distribute, publicly communication, make available, extract, reuse, resend or use any of them in any way, or by any means or procedure.
Basquetour provides the users registered in www.images.basquetour.eus with contents of the Image Bank, under a free licence, in the following way:
- the user should be over 18 years of age;
- the user declares and guarantees not to have asked the Image Bank for any image as a consumer (i.e., a person who acts with ends that can be considered outside his/her profession);
- the right to use the content of the Image Bank is only awarded for one (1) reproduction "as such" in the scope of exploitation previously authorised to the user by Basquetour;
- without detriment to the initial authorisation, the user should previously send to Basquetour a test of the final support and context where he/she is going to use the contents of the Image Bank for the express approval of Basquetour (Basquetour will not be in any event responsible in any way for damage derived from the undue use by the user of the images of the Image Bank);
- the user's right to use the contents of the Image Bank is personal, non-transferable, non-collective and non-lucrative;
- the user cannot modify the images of the Image Bank;
- the user cannot user the contents of the Image Bank as part of any commercial brand or name or infringe law or the rights of third parties (in particular, but not limited to intellectual and industrial property rights and right to honour, privacy and personal portrayal);
- the use of the images of the Image Bank should not be carried out in offensive, xenophobic, obscene, pornographic, discriminatory contexts, or that, in any way, infringe or might infringe the image and reputation of Basquetour, or people or entities that are shown in the images, and to fundamental rights that constitute or might constitute unfair practice;
- the user should abstain from obtaining, or attempting to obtain contents of the Image Bank using different means or procedures from those that have been made available to them or indicated for this purpose in each case or of these normally used in Internet (as long as the latter do not entail a risk of damaging or rendering the Image Bank useless or from www.images.basquetour.eus );
- the right to use the user name and password is personal and non-transferable for the user they are given to, who should keep them confidential, answering any damages caused by the failure to comply with these obligations;
- the images uses should specify their origin: “Image provided under license from the Department of Tourism, Commerce and Consumption of the Basque Government”;
- the graphic representation of the Guggenheim Bilbao Museum is a registered brand which gives it the exclusive right for its use, and its use by third parties without its agreement is prohibited, and therefore any reproduction of the images of the Guggenheim Bilbao Museum should obtain prior authorisation from the Museum, and the user should apply for this to the museum at the following e-mail address: firstname.lastname@example.org; ; The Museum holds no rights to the reproduction of images of the artworks for disclosure to third parties
- the licence awarded by the Department of Tourism, Commerce and Consumption Basquetour will be awarded for six months at the most. This period will start from the date the licence is awarded which will be sent to you when your application is answered (however, if it is the graphic representation of the Guggenheim Bilbao Museum, the entering into force of the license will be subject to the written authorisation of the Guggenheim Bilbao Museum, without detriment to this finishing six months after Basquetour sending the user the response to his/her application); The Department of Tourism, Commerce and Consumption holds no rights to the reproduction of the artworks of third parties
- regarding any dispute or disagreement that might arise between the parties on the interpretation of this agreement on its compliance, the parties, with express resignation of any other jurisdiction that could correspond to them, they agree to surrender to the jurisdiction and competence of the Courts and Civil and Commercial Tribunals of Bilbao.
© 2017, Bilbao, Basquetour, Turismoaren Euskal Agentzia – Agencia Vasca de Turismo, S.A.