for the use of the DW-Foto.de image database

Last updated: August 2026

§ 1 Provider and Scope

1. These General Terms and Conditions and Terms of Use apply to the use of the image database operated under DW-Foto.de and to all agreements concerning the provision and use of photographs and other image material.
2. The operator of the image database is:

   DW-Foto.de
   Daniel Worsch Fotografie
   Parkstraße 7
   91795 Dollnstein
   Email: daniel-worsch-fotografie@gmx.de

   – hereinafter referred to as “DW-Foto.de”.

3. The service is intended in particular for editorial offices, publishers, media companies, associations and clubs, companies, agencies and other professional image users.
4. Any terms and conditions of the user that deviate from these Terms and Conditions shall only become part of the agreement if DW-Foto.de has expressly agreed to their application in text form.

§ 2 Subject Matter of the Image Database

1. DW-Foto.de provides photographs, particularly from the fields of sports, events, entertainment, press and regional reporting, for research and – where enabled – for download.
2. The preview images displayed on DW-Foto.de are intended solely for image selection and research purposes. Use or publication of preview images without the corresponding right of use is prohibited.
3. Registration and activation may be required to access high-resolution image files.
4. DW-Foto.de is not obliged to make specific images or image series permanently available. Images may be removed from the service or blocked at any time, provided that this does not conflict with rights of use already granted.

§ 3 Registration and User Account

1. Registration is generally required to download high-resolution image material.
2. The user is obliged to provide complete and accurate information when registering.
3. Any changes to the information provided must be updated without undue delay.
4. Login credentials must be treated confidentially and may not be disclosed to unauthorised third parties.
5. Within the limits of applicable law, the registered user is responsible for the use of their user account insofar as such use is attributable to the user.
6. DW-Foto.de is entitled to temporarily suspend or delete user accounts if there are specific indications of misuse, a breach of these Terms and Conditions or an infringement of copyright, personality rights or other rights.

§ 4 Copyright

1. All photographs and image files provided via DW-Foto.de are protected by copyright.
2. Unless expressly stated otherwise, the copyright and/or the necessary exploitation and usage rights are held by DW-Foto.de or by the respective photographer/rightsholder indicated.
3. Registration, viewing or downloading an image does not transfer copyright to the user.
4. The user receives only those rights of use required for the respective agreed purpose.
5. No ownership rights to digital image files are transferred.

§ 5 Granting of Rights of Use

1. Unless otherwise agreed in an individual case, upon the proper provision or licensing of an image, the user is granted a simple, non-exclusive and non-transferable right of use for the agreed purpose or for the purpose evident from the specific circumstances of use.
2. Use is generally permitted only within the scope of the purpose specified at the time of ordering, downloading or otherwise agreed.
3. Any use beyond the agreed scope requires the prior consent of DW-Foto.de.
4. Where images are provided for editorial purposes, they may in particular be used in the following media, provided that such use is covered by the agreed purpose:
   • newspapers and magazines
   • journalistic online publications
   • editorial websites
   • e-papers and digital publications
   • editorial posts on social media
   • other journalistic and editorial publications
5. Use for advertising, marketing, merchandising or other commercial purposes is permitted only if such use has been expressly agreed or authorised.
6. Rights of use apply exclusively to the respective contracting party. Transfer or sublicensing to third parties is not permitted without the prior consent of DW-Foto.de.

§ 6 Editorial Use

1. Editorial use includes, in particular, the use of an image in connection with journalistic reporting and the provision of information.
2. When using editorial images depicting identifiable persons, the user is responsible for ensuring that the image is used exclusively in an appropriate and lawful context.
3. Use in a misleading, discriminatory, degrading, pornographic, defamatory or otherwise unlawful context is prohibited.
4. Images may not be used in a manner that creates the false impression that a depicted person supports or endorses a particular product, company, organisation, political statement or other message.

§ 7 Image Editing

1. Technically necessary modifications such as resizing, resolution adjustments, colour corrections or cropping required for the respective layout are permitted, provided that the meaning and character of the image are not substantially altered.
2. The following modifications in particular are not permitted without prior consent:
   • misleading or meaning-altering photomontages
   • substantial alterations to the content of an image
   • adding or removing essential elements of an image
   • manipulative alterations to documented events
   • alterations that place persons or events in a false context
3. In the case of editorial use, editing must not distort the documentary meaning of the image.

§ 8 Copyright Notice / Photo Credit

1. Unless expressly agreed otherwise, an appropriate copyright notice or photo credit must be provided with every publication.
2. Unless a different credit is specified for the respective image, the photo credit shall read:

   Photo: DW-Foto.de / Daniel Worsch

   or, if no photographer is specified:

   Photo: DW-Foto.de

3. The photo credit should be displayed in accordance with customary industry practice, either directly next to the image, in the image caption or in the corresponding photo credits or legal notice of the publication.
4. Existing metadata, copyright information or copyright notices may not be removed or altered unless technically unavoidable.

§ 9 Prohibited Use and Distribution

Without the express consent of DW-Foto.de, the following activities in particular are prohibited:

• disclosure of high-resolution image files to unauthorised third parties
• resale or sublicensing of image files
• making images available to third parties through the user's own image databases, archives or download portals
• use of images as a logo, trademark or part of a trademark
• use of images for unlawful or misleading content
• removal of copyright notices or copyright information
• use beyond the agreed scope of use

An image file may be provided to printers, agencies or technical service providers insofar as this is exclusively necessary for producing the agreed publication. The user must ensure that the service provider does not use the file for any other purpose.

§ 10 Use for Artificial Intelligence and Machine Learning

1. Without the express prior consent of DW-Foto.de, images or other content from the image database may not be used for the training, development, improvement or validation of artificial intelligence or machine learning systems.
2. This applies in particular to the systematic use of images as training, reference, testing or validation data for generative AI systems, image recognition models or comparable technical systems.
3. The automated and systematic downloading, scraping, extraction or collection of image files or metadata is also prohibited unless expressly authorised by DW-Foto.de.

§ 11 Fees and Billing

1. Where the use of image material is subject to a fee, the applicable fee shall be determined by the agreed remuneration, price list, individual agreement or other conditions applicable at the time the image is licensed.
2. Where prices are stated, they are exclusive of statutory VAT where applicable, unless otherwise stated and insofar as the customer is acting as a business.
3. Invoices are payable without deduction within the payment period specified on the respective invoice.
4. Use beyond the scope originally agreed may require additional licensing and additional remuneration.

§ 12 Unauthorised Use

1. Any use of an image beyond the scope of the rights granted requires separate authorisation.
2. In the event of unauthorised use, DW-Foto.de reserves the right to assert all claims available under applicable law.
3. These may include, in particular, claims for injunctive relief, information and damages as well as, where applicable, reimbursement of necessary legal enforcement costs.
4. Further statutory claims remain unaffected.

§ 13 Third-Party Rights and Personality Rights

1. DW-Foto.de endeavours to provide image material in compliance with applicable legal requirements.
2. Photographs relating to current events and journalistic reporting may involve personality rights, trademark rights, property rights, house rules or other third-party rights.
3. The user is responsible for determining whether the specific intended use requires additional permissions or consent.
4. In particular, the advertising or commercial use of images depicting identifiable persons, trademarks, works of art, buildings or other protected content may require additional rights or permissions.
5. A release from depicted persons (“Model Release”) or property owners (“Property Release”) shall be deemed to exist only if this is expressly stated for the respective image or confirmed in writing.

§ 14 Availability of the Image Database

1. DW-Foto.de endeavours to ensure that the image database is available with as few interruptions as possible.
2. However, uninterrupted and error-free availability at all times cannot be guaranteed.
3. Maintenance work, technical malfunctions, failures of internet or hosting service providers and events beyond the control of DW-Foto.de may, in particular, result in temporary restrictions or interruptions.

§ 15 Liability

1. DW-Foto.de shall be liable without limitation in cases of intent and gross negligence as well as in cases where liability is mandatory under applicable law.
2. In the event of a slightly negligent breach of material contractual obligations, liability shall be limited to the foreseeable damage typical for this type of agreement, insofar as permitted by law.
3. DW-Foto.de shall not be liable for damages resulting from the use of image material for purposes other than those agreed, insofar as DW-Foto.de is not responsible for such use.
4. The user is responsible for the legal permissibility of the specific publication and the context in which an image is used.
5. Statutory provisions concerning liability for injury to life, limb or health remain unaffected.

§ 16 Indemnification

If the user culpably infringes third-party rights or these Terms of Use through the specific use of image material, the user shall indemnify DW-Foto.de against justified third-party claims to the extent permitted by law. This shall also include reasonable and necessary legal defence costs.

This shall not apply insofar as DW-Foto.de is responsible for the infringement.

§ 17 Termination and Suspension of User Accounts

1. The user may terminate their user account or request its deletion at any time, provided that no statutory retention obligations prevent deletion.
2. DW-Foto.de may suspend a user account in the event of serious or repeated violations of these Terms of Use.
3. Rights of use that have already been validly granted shall generally remain unaffected by termination of the user account unless otherwise provided in the respective licence agreement.

§ 18 Data Protection

The processing of personal data is governed by the applicable data protection laws and the Privacy Policy published on DW-Foto.de.

§ 19 Amendments to the Terms of Use

1. DW-Foto.de may amend these Terms and Conditions for future agreements and uses, in particular where this is necessary due to changes in legislation, technical developments or changes to the services offered.
2. For licence agreements already concluded, the terms agreed at the time the rights of use were granted shall generally continue to apply unless an effective alternative agreement has been made.

§ 20 Applicable Law and Place of Jurisdiction

1. The laws of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), insofar as legally permissible.
2. If the user is a merchant, a legal entity under public law or a special fund under public law, the registered office of DW-Foto.de shall be agreed as the place of jurisdiction, insofar as such an agreement on jurisdiction is legally permissible.
3. For consumers, the statutory rules governing jurisdiction shall apply.

§ 21 Final Provisions

If individual provisions of these General Terms and Conditions are or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The applicable statutory provisions shall apply in place of any invalid or unenforceable provision.

Last updated: August 2026