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I. General

  • The Cranach Digital Archive (cda) offers this Web site, including all information, software, products and services ("the materials") available from this Web site or offered as part of or in conjunction with this Web site (the "Web site"), to you, the user as an exclusively non-commercial public service for educational, academic, scholarly or privately motivated interest (www.lucascranach.org).
  • The use of the Cranach Digital Archive is conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. Please read the terms of use carefully before you use the material. By using the material, you have accepted the terms of use. If you do not accept the terms of use you are not permitted to use the material.
  • The Cranach Digital Archive reserves the right to change these conditions from time to time. Please review them regularly. If you disagree with the modified terms of use you must stop using the material.
  • The materials are provided free of charge. This Web site is provided to you "as is," without warranty of any kind either express or implied.
  • The Cranach Digital Archive reserves the right to change and amend the available software and content without advanced notification.
  • Neither the Cranach Digital Archive nor its employees, agents, third-party information providers, licensors or the like warrant that the Website or its operation will be accurate, reliable, uninterrupted or error-free. The operation of the Cranach Digital Archive is determined by the available technical and operating possibilities. The Cranach Digital Archive is not obliged to grant accesses to the material nor can it guarantee that the material will be continually available or accessible at the same rate of transmission.

II. Copyright

  • The Cranach Digital Archive has been stored by the provider on a server and can be accessed through the Internet. The Cranach Digital Archive contains both material from the public domain as well as material under copyright. The latter can only be used if the copyright laws are respected and in compliance with the specific rights in each case. In cases where the Cranach Digital Archive has only limited or no rights of use at its disposal permission must be request by the user from the author or his/her representative. The Cranach Digital Archive is not responsible for the claims of any third party resulting from an infringement of copyright laws.
  • The material is available as read access only; it is not permitted to make copies of single pages or the content therein, especially images; likewise the systematic storage of large sections of the database or extensive data in electronic, electromagnetic or similar form is forbidden.
  • The material available on the Cranach Digital Archive, if protected by copyright, is to be used exclusively for educational and research purposes without the agreement of the author or the owner. The source of the material must be identified according to the Cranach Digital Archive's guidelines and the copyright status acknowledged. Public presentation in educational institutions and museums is permitted.
  • Reproduction and electronic storage of material from the Cranach Digital Archive under copyright protection is neither allowed for the purpose of the user's archive nor is it permitted to pass it on or make it available to a third party, with the exception of educational and research purposes.
  • Permission from the owner is required before publishing in printed form or any other medium, if the images and the media files are protected by copyright.
  • Alteration of material protected by copyright, for example copying, photographing, photocomposing or other electronic methods is not permitted. Exceptions to this rule require a special agreement with the respective owner.

III. Additional information on image rights and the use of image files from the Cranach Digital Archive

  • The image files in the Cranach Digital Archive may be used for the purposes of third level education, for classroom teaching and personal scholarly research without seeking permission or paying a fee. Should you wish to use the images for purposes other than education or research the possible copyright of a third party must be considered and it may be necessary to request permission.
  • The photographs of works of art, the so-called photographs (Lichtbild) or photographic works (Lichtbildwerk) are protected by copyright laws (UrhG § 72, so-called intellectual property or ancillary copyright). If it is a photograph, which was created by simply photographing a two-dimensional object, then it is a so-called 'Lichtbild'. The copyright expires 50 years after the production of the 'Lichtbild' or 50 years after the first endorsed publication. If it is a photograph, that exhibits an individual creative quality for example by the choice of perspective and lighting, then it is a so-called 'Lichtbildwerk' and the copyright expires 70 years after the death of the photographer (§ 64 UrhG).
  • Permission to use the image must be obtained from the respective institution or photographer. The Cranach Digital Archive endeavours to adequately indicate the appropriate copyright holders. Occasionally these must be researched by the user. Generally the information in the image credits is helpful as it contains the image source.

IV. Procedural obligations for the user, indemnity, contractual penalty

  • You are not entitled to use the material improperly or in any manner other than permitted under the agreement. Furthermore it is not permitted to distort the material or to access it in any other way other than via the interface provided by the Cranach Digital Archive. It is forbidden to access the material using automated means like robots or scripts.
  • You are obliged to observe the publishing principles of the German Press Council (Deutschen Presserats) (press codex) as well as the statutory law, especially the copyright law and related rights (UrhG).
  • The Cranach Digital Archive does not accept liability for a breach of the press right, the copyright laws or other general laws resulting from a composition of image and text that is misleading or distorts the context. In the case of a breach of such rights the user bears sole liability towards third-party claims for compensation and the Cranach Digital Archive is released from all third-party claims. In addition the user is obliged to pay a contractual penalty to the Cranach Digital Archive amounting to 100% of the compensation due to the owner. The assertion of further damage claims by the Cranach Digital Archive against the user remains unaffected.

V. Disclaimer

  • The Cranach Digital Archive is liable to compensate damages - regardless of the legal reason- only for intent or gross negligence by the Stiftung Museum Kunstpalast, its legal representative or vicarious agent as well as negligent breach of material contractual obligations. In the event of a breach of material contractual duties due to ordinary negligence the liability shall be limited to compensation to the extent of assessable damage, which is typical within this contractual context and shall not exceed the sum of EUR 2,500.00.
  • In the case of loss resulting from the breach of a material contractual condition, which was not caused intentionally or by gross negligence the Cranach Digital Archive is liable to a compensation limited to a sum of EUR 1,000.00.
  • The foregoing limitations of liability do not apply to the Cranach Digital Archive, its legal representative or vicarious agent in the event of culpably caused damage to life or health and the liability according to the Product Liability Act.

VI. Miscellaneous

  • The place of jurisdiction is Düsseldorf.
  • Unless otherwise explicitly referred to above your use of our Website shall be governed by, and construed in accordance with German law, in particular German copyright law and you agree that the courts of Germany shall have exclusive jurisdiction in relation to any dispute or matter arising in connection with these terms and conditions.
  • These 'Terms of Use' have been translated from the German 'Nutzungsbedingungen'. In a court of law the German version overrides the English version and is legally binding.

Düsseldorf, 17 January 2012
cda@smkp.de