Terms of use
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 them. 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 sofware 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 Web site 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.
- 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 guide lines 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, photo-composing or other electronic methods is not permitted. Exceptions to this rule require a special agreement with the respective owner.
- 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 endeavors 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.
- 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.
- 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.
- 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.
Impressum:
Stiftung Museum Kunstpalast
Ehrenhof 4-5
D-40479 Düsseldorf
Tel. +49(0) 211-899 62 50
Fax. +49(0) 211-892 95 04
eMail: info@smkp.de
Fachhochschule Köln
Ubierring 40
D-50678 Köln
Tel. +49 221 8275-3454
Fax +49 221 8275-3485
eMail: petra.christian@fh-koeln.de
Web Design
Der Internet-Auftritt entstand
The website was created in cooperation with Jörg Stahlmann.
eMail: cda-admin@smkp.de
Editor
Gunnar Heydenreich,
Museum Kunstpalast / CICS, Fachhochschule Köln
Organisation and Implementation
Gunnar Heydenreich,
Museum Kunstpalast / CICS, Fachhochschule Köln
Helen Smith, Museum Kunstpalast
Jörg Stahlmann, Museum Kunstpalast
Daniel Görres, Museum Kunstpalast
Jana Herrschaft, CICS, Fachhochschule Köln
Image Credits
The internet pages were create employing images generously authorized by:
Kunsthistorisches Museum:- ©KHM, Vienna
- ©SMB Gemäldegalerie, Berlin
- ©Bayerische Staatsgemäldesammlungen, Munich
- ©Cranach Digital Archive, Düsseldorf / Cologne
We would appreciate it if you could inform us should we have inadvertently used an image
without sufficiently taking the copyright holder into consideration.
Thank you.
Disclaimer
1. Content of the online publication
The author disclaims all warranties, express or implied, as to the accuracy, completeness and quality of the available information. Liability claims against the author correlated on material or immaterial damages, that are caused by using or not using the available information or that occur using incorrect or incomplete information are strictly excluded in so far as the author is not proven to have been willfully or grossly negligent.
All contents are subject to change and non-binding. The author reserves the right to alter and delete sections of the pages or the whole content and to discontinue the publication on a temporary or permanent basis without prior notification.
2. References and Links
For direct or indirect references to external websites ("Hyperlinks") that lie outside the author's area of responsibility, a liability obligation would only become effective if the author is aware of the contents and it would be technically possible and reasonable for him to prevent usage in the event of unlawful contents.
The author hereby expressly declares that, at the time of the links being created, no illegal content was detectable on the sites to which the links referred. On the current or future form, the contents or the authorship of the linked/associated pages, the author has absolutely no influence. The author therefore explicitly dissociates himself from the contents found on all pages that have been linked and changed after the link was created. This declaration also applies to all links and references on its own Web site and to any external entries, lists, guest books, discussion forums and mailing lists. In respect of unlawful, inaccurate or incomplete content and in particular loss or damage that arises due to the use or non-use of such information, only the providers of the website to which the link relates may be held liable and not those who refer to the website in question by means of links.
3. Copyright and acknowledgement
The author endeavors to comply with the copyright of the graphics, texts, audio and video documents used in all publications, and to use his own graphic, audio and video documents and text or make use of public domain graphics, audio and video documents and text.
All trademarks and material copyrighted by third persons mentioned in our texts are under the laws and rules of the corresponding current property rights of the owner. Quoting such trademarks does not justify the conclusion that such trademarks are not protected by the rights of third parties. The copyright for material published, created by the author, remains solely with the author. The duplication or use of such images, graphics and texts in any other electronic format or printed format, is only permitted with the explicit consent of the author.
4. Privacy and data protection
If the Web site contains systems for entering personal or business data (email addresses, names, addresses etc.), providing this data on the part of the user takes place wholly according to the user's freewill. The use of all offered services is - insofar as technically possible and reasonable - without specification of any personal data or under specification of anonymous data or a pseudonym. Use of the data provided under the legal notice pertaining to the publisher of this site or similar contact data, such as postal or e-mail addresses, phone or fax numbers, to send in unsolicited information (i.e. information not specifically requested) is not permitted. We reserve the right to take legal action against anyone who violates this prohibition by sending so-called spam.
5. Legal validity of this disclaimer
This disclaimer is a binding and integral component of the Web site. Should sections or individual wording of this text no longer or not fully comply with the valid legal situation, the content and validity of the remaining sections of the document shall remain unaffected.