Image Usage Guidelines
Preamble
OpenBooking AG operates the Offer Studio platform, which enables tourism service providers to create, manage, and publish their offers through various publication channels (such as MySwitzerland, regional tourism organizations, etc.). Images can be uploaded and managed in Offer Studio and are displayed on the respective publication channels.
These guidelines govern the use of images uploaded through Offer Studio and supplement the Provider Terms and Conditions.
1. Granting of Usage Rights
By uploading images to Offer Studio, you grant OpenBooking AG the right to use the uploaded images free of charge. By uploading images, you confirm that:
- You hold all necessary usage rights for the uploaded images
- The consent of the author or creator has been obtained for the intended use
- All depicted persons have consented to publication
- No third-party rights (copyrights, trademark rights, personality rights) are infringed
2. Purpose-Bound Use
The usage right is granted for the sole purpose of displaying and promoting your offers through the Offer Studio platform and connected publication channels. Any other use of the images by OpenBooking, particularly any use contrary to this purpose, is prohibited.
3. Liability and Indemnification
You fully indemnify OpenBooking AG from all third-party claims arising from the use of images uploaded by you, particularly in cases of copyright infringement, personality rights violations, or trademark infringement.
This expressly includes the assumption of all costs incurred by OpenBooking due to unlawfully uploaded images, including but not limited to:
- License fees and subsequent royalties
- Cease-and-desist costs and attorney fees
- Damages claims
- Court and legal proceedings costs
To the extent permitted by law, the liability of OpenBooking AG for damages arising from the use of uploaded images is excluded.
4. Scope of Usage Rights
The granted usage right is:
- Media-independent (online, print, social media)
- Unlimited in time (subject to Section 5 below)
- Geographically unlimited
5. Revocation of Usage Rights
You may delete uploaded images at any time via Offer Studio. Upon deletion, the usage right is revoked for the future. Already published uses on publication channels will be removed within the regular update cycles.
In case of violation of these guidelines or upon knowledge of a rights infringement, OpenBooking AG must be immediately informed of the revocation of usage rights (support@openbooking.ch).
6. Applicable Law and Jurisdiction
These Image Usage Guidelines are governed exclusively by Swiss substantive law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict of laws rules.
Exclusive place of jurisdiction for all disputes is Winterthur, Switzerland.
7. Contact
For questions about these usage guidelines, please contact us at:
OpenBooking AG
Carl Spitteler-Str. 5
8352 Elsau, ZH
Switzerland
Email: support@openbooking.ch
Phone: +41 32 511 1919