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  • Terms of use of visitBerlin for provided digital assets

    By downloading or copying the digital assets, the user acknowledges that they have read and agree to the following terms of use. 

     

    Digital assets within the meaning of these terms of use are all digital content provided by visitBerlin, in particular photos, videos, graphics, texts, logos and other media files.

     

    The digital assets may be used for the purpose of editorial reporting on Berlin as a tourist destination or as a conference and congress metropolis. This includes, for example, the inclusion of images/photos in press releases, visitBerlin press articles, visitBerlin advertisements in domestic and foreign newspapers, magazines and illustrated magazines, inclusion in flyers and advertising posters, visitBerlin brochures and on the internet (principle: informative nature of the text accompanying the images or photos about Berlin as a destination). 

     

    Furthermore, such use is permitted for the promotion of Berlin as a destination for conferences and congresses, events and exhibitions, as well as for the promotion (including self-promotion) of tourism-related companies (airlines, travel and congress organisers, travel agents, travel agencies, tourism service providers and cooperation partners), provided that such advertising is related to Berlin as a destination. The right of use extends to all suitable media and transmission channels (online and print media, television, social media, etc.) as well as future media of a similar nature. 

     

    The rights of use granted are non-exclusive, non-transferable and limited in time and space to the purpose specified in these terms and conditions. 

     

    The transfer of digital assets to third parties is permitted within the scope of the purpose of promoting Berlin as a destination and as a conference and congress metropolis. 

     

    The user bears the burden of proof for lawful use and for ensuring that all necessary rights and consents have been obtained. 

     

    Any use of the digital assets for the purpose of generating profit, e.g. from the transfer of rights of use to third parties in return for payment, is excluded from royalty-free use. The use of the digital assets does not entitle the user to act as the owner of the rights of disposal (ownership/authorship). Such rights are not acquired. This right is reserved for the copyright holder alone.

     

    Furthermore, it is not permitted to reproduce the digital assets provided royalty-free by visitBerlin for your own archiving purposes. The creation of a copy of the digital assets or their digital storage is only permitted once for the use of the digital assets within the scope of the intended purpose. The file must be deleted from the storage location after use.

     

    The digital assets are deemed as copyright protected works. It is therefore not permitted to alter or falsify the digital assets, for example by copying, re-photographing, photo compositing or other changes by photomechanical or digital means. Exceptions, such as minor colour or size adjustments, require the written consent of visitBerlin. If you intend to apply for an exception or have any other doubts about the permissibility of the type and scope of use of the digital assets, please send a layout template at least 10 days in advance of use/publication to picture@visitberlin.de. visitBerlin will review the intended use and, if necessary, issue a written permission for use. Silence or no response on the part of visitBerlin does not constitute consent. There is no need to give any justification for refusing permission for use.

     

    Each time the digital assets are used, the user is obligated to provide clear evidence that precisely identifies the rights holder and any other copyright holders/work rights holders. 

     

    In addition to visitBerlin as the rights holder, the photographer/copyright holder must also be named with their first and last names: for example, image title©visitBerlin, photo: Philip Koschel.  For works of art and intellectual property, additional information about the work must be included in the caption: ‘Berlin East Side Gallery: Kani Alavi “It Happened in November” © visitBerlin, photo: Marc Darchinger.’  Images/photos that are subject to the Creative Commons licence must also be indicated as such, for example as follows: Television Tower © First name Last name (CC BY-SA 3.0). 

     

    There must be no doubt as to the attribution of the work to the rights holder/copyright holder and, where applicable, the licensor. Please refer to the specific information provided for the photo/image to find out exactly how the image/photo should be cited in the caption. When using any photo/image, please also cite the source – www.visitBerlin.de – in the source. This also applies in the same way to film works obtained from visitBerlin. 

     

    For digital assets that are to be published on social media, the image credit must be included in the photo itself so that it remains visible when the digital assets are shared. With regard to the design of the image credit, it is important to ensure that the credits remain clearly legible despite being integrated into the image and that they do not obscure the subject.     

     

    Violations of these terms of use entitle the rights holders to seek injunctive relief and damages. visitBerlin is not liable for claims for damages by the rights holders (copyright holders) resulting from the misuse of the works provided by third parties or their violation of these terms of use. Should such claims by third parties be brought against visitBerlin, the user hereby expressly indemnifies visitBerlin against any claims by the rights holders. The indemnification also includes any legal costs incurred in defending against the claims. 

     

    All users must also adhere to the journalistic principles of the German Press Council (Press Code) in the context of image/photo or film publication. They are responsible for any text accompanying the images. visitBerlin accepts no liability for any violation of general personal rights or copyright through the use of images and text in a manner that is contrary to agreement, immoral and/or distorts meaning. The same applies to any derogatory representation of persons depicted in the digital assets provided. Should claims be made against visitBerlin by the rights holder in this regard, the user hereby expressly indemnifies visitBerlin against such claims. The indemnification also includes any legal costs incurred in defending against the claims. 

     

    The integration of digital assets into AI systems, databases or other automated processing systems is expressly prohibited. 

     

    The user undertakes to inform visitBerlin immediately if they become aware of any unauthorised use, publication or modification of the works by third parties. 

     

    This agreement is governed by the laws of the Federal Republic of Germany. The place of performance and jurisdiction for any disputes is Berlin.

     

    Publisher: 

    Berlin Tourismus & Kongress GmbH (visitBerlin), Schöneberger Straße 15 | 10963 Berlin

     

    As of: October 2025