Terms & Conditions „Creative City Berlin“
Welcome to the Terms & Conditions for the Kulturprojekte Berlin GmbH, postal address: Klosterstraße 68, 10179 Berlin, represented by its directors and the Global Games Media Ltd., postal address: Maulbronner Ufer 16a, 12247 Berlin, represented by its directors (in the following also referred to as “we” and “us”).
The following terms describe the conditions under which the websites www.creative-city-berlin.de and www.interactive-city-berlin.de and in particular your user account/profile (in the following collectively referred to as “Platform”) can be accessed and used. By clicking on the “I agree with the terms and conditions”-button, you agree to be bound by these Terms & Conditions.
The Kulturprojekte Berlin GmbH runs the Creative Berlin Portal under the URL www.creative-city-berlin.de . The Interactive City Portal runs under the www.interactive-city-berlin.de URL by the Global Games Media Ltd. After registration you have the possibility to create a user profile that is visible on both portals. Please also note that you are registered as a user on both portals.
If the operators of the website are referred to as “we” or “us” the parties concerned will either be Kulturprojekte Berlin GmbH or Global Games Media Ltd., depending which portal you are using.
We reserve the right to modify these Terms & Conditions at any time without giving reasons for such modification. The modified terms will be sent to you two weeks before they enter into force. If you do not object to the modified terms two weeks after receiving the e-mail we assume that the continued use of our services indicates your acceptance. In the e-mail containing the modified terms, we will inform you about the deadline of two weeks again.
Description of Service
The purpose of the Platform is to offer information for artists and companies about Berlin and give them an opportunity, to present themselves, to connect with others and find partners for possible projects.
The Platform offers users the opportunity to create a user profile free of charge, to access other profiles and to communicate with other users through internal messages and/or blogs.
Moreover, you have the possibility to invite new users through external mailings. www.creative-city-berlin.de and www.interactive-city-berlin.de serves the purpose to establish a network that corresponds with your business interests and job-related actions and makes it possible for you to share digital content such as photos, documents and/or other data.
Notification and Registration
Right of Withdrawal
If you are a consumer within the meaning of section 13 of the German Civil Code you have a statutory right of withdrawal with regard to which we render the following information.
Right of Withdrawal You may withdraw from this transaction in text format (e.g. by letter, fax, e-mail) within fourteen days without giving any reason. The withdrawal period begins at the earliest on the day following the day on which you have received these instructions in text format, but not before we have fulfilled our obligations to inform pursuant to section 312 c of the German Civil Code in connection with section 1 subsections 1, 2, and 4 of the BGB Info-V as well as our obligations under section 312 e of the German Civil Code in connection with section 3 BGB-InfoV. Withdrawal shall be considered timely if a notice of withdrawal is sent off within this withdrawal period. The notice of withdrawal must be sent to:
Kulturprojekte Berlin GmbH
10119 Berlin, Germany
Consequences of Withdrawal In the event of a valid withdrawal, the goods and/or services received by each party shall be returned and any benefit derived (e.g. interest) shall be surrendered. If you are completely or partly unable to return the goods and/or services you received, because such return is impossible due to the nature of the respective goods and/or services, you may to that extent have to provide us with compensation for the lost value. Obligations to reimburse payments must be met within thirty days of sending your notice of withdrawal. For you that payment period begins upon sending your notice of withdrawal, for us it begins upon receiving such notice.
Additional Notice Your right of withdrawal expires prematurely if we, with your explicit permission, have begun performance of the service prior to the end of the withdrawal period or if you yourself have arranged for this to occur (e.g. through download etc.).
End of the Withdrawal Information
General Rights and Obligations of the User
You may not have more than one active account and are prohibited from transferring your account to another person. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. You agree to immediately stop any unauthorized use of your password or account as soon as you become aware of such use. We will not be liable for any loss or damage arising from your failure to comply with this section.
By becoming a member you assure to use this platform for reasons outlined in the Terms & Conditions only. Commercial use by presenting your company, store or business in your user profile is allowed but subject to provision 5.6. The communication with other users for reasons of commerce including for contractual negotiations is also permitted, provided that you adhere to Section 5.6.
The button “report an error” offers you the opportunity to report other users who are in breach of the terms lied down in Art. 4. This feature may not be abused.
Responsibility for content
You are solely responsible for all data, information, texts, photos, pictures, videostreams and other content (in the following collectively referred to as “content”), that you upload, store and/or make available on the Platform. That applies to content that you generated yourself and to content obtained from third party sources. You may not post, upload or otherwise make available content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights. We are not assuming any responsibility for Content on external websites that users have established links to.
You assure to possess all the rights necessary to upload, store, make available, publish and use the content including but not limited to the right to modify content for display and use on the Platform. You shall indemnify us from and against any and all third party claims, liabilities and expenses arising out or in connection with your breach of the representations and warranties set forth herein and/or arising out or in connection with an allegation that the content infringes any intellectual property right or violated any trade secret right or other right of any third party.
We do not warrant the up-to-dateness, correctness and/or completeness of information made available by us, our employees, directors and/or representatives.
While we are entitled to monitor activities and content on the Platform we are not obligated to do so under these provisions. We reserve the right to assess the compatibility of content with legal and/or moral values in our sole discretion. If we in our sole discretion are of the opinion that content violates the law, moral guidelines and/or rights of third parties, we are entitled to reject, to modify or to delete content or parts thereof at any given time and to suspend the membership of the user making available such content. In the event we become aware of the availability of content prohibited under Art. 5.6, we are required by law to delete such content and to ban the user responsible for making the same available. In the event of deletion of your content you cannot claim compensation from us. Instead, users are solely responsible for saving their own data.
You understand and agree not to upload, store and/or make available content that violates the law or the rights of third parties. Prohibited is the following:
content that is discriminatory, pornographic, obscene, libelous, vulgar, glorifies and/or trivialises violence or is otherwise objectionable;
content that impairs or endangers the development and/or the education of children and/or adolescents and/or that violates human dignity or other legally protected values; contents which may convince others to take illegal or immoral actions;
abusive, invective, libelous and/or defamatory statements, threats to other users or third parties and/or consciously false information;
copied content in which you do not possess the rights necessary for uploading, storing and/or making available on the Platform;
content which poses a threat to the security and integrity of our data system and that of others (including but not limited to computer viruses);
private data, like phone numbers or e-mail addresses of other users and/or third parties not consenting to such disclosure;
links to websites that display any of the above
You agree not to abuse the Platform including but not limited to:
not to use the Platform in order to insult, defame, discriminate against, denunciate, stalk, threaten and/or harm any user and/or third party;
not to collect, save or use any personal information of users and/or third parties for commercial or deceitful purposes and/or not to make such information available to third parties;
not to distribute chain letters, junk- and/or spammail or other unsolicited massmails and not to take actions violating competition law
not to take actions that are capable of impairing the functionality of our services You acknowledge that we are just offering the technical possibility to use the Platform and will not participate in communication between users at any time. Content contributed by users reflects the opinion of the users only.
General Rights of the operators of the portals By uploading content you grant us the right to use the it on the Platform including but not limited to the right to store, to save, to digitalise, to modify and to make it available permanently or temporarily on the Platform. However, for the avoidance of doubt we do not adopt and/or claim ownership in the content. You acknowledge that by uploading content to our Platform or by otherwise providing materials to us you grant us the perpetual, irrevocable license to use the content within our service free of charge. To ensure the functionality and clarity of the Platform you authorise us to process the content technically by creating miniature-versions (so-called Thumbnails), which will serve as a preview for the original version of the content.
In the event you create your own URL such as www.creative-city-berlin.de/profilname we reserve the right to modify such URL, to restrict access thereto and to use it for a purpose other than directing internet users to your profile.
You may terminate your membership at any time without giving reasons by accessing the corresponding link within your profile.
You agree that we may terminate your membership in the event you violate these Terms and Conditions. In the event of such termination you can only re-register at www.creative-city-berlin.de or www.interactive-city-berlin.de provided that we have expressly consented. Users are not allowed to enable banned Users to access and to use the Platform.
Your termination right for just cause remains unaffected.
In the event of termination we will delete all content that you have made available within your membership.
Limitation on Liability of the operators of the website
Damages against us – based on whatever legal ground (including for actions of our employees, agents and/or representatives) – for loss resulting from slight negligence can only be claimed if we have breached a material contractual obligation. In such event the damages are limited to damages that were reasonably foreseeable at the time of the conclusion of the contract.
Claims or liabilities for death or personal injury arising out of negligence remain unaffected by Art. 8.1.
We make reasonable efforts to keep the Platform available constantly. For the avoidance of doubt we do not warrant that our service will meet your requirements, be uninterrupted, timely, secure or error-free. We reserve the right to modify the Platform at any time including but not limited to the complete or partial discontinuation of our services. We are referring on our Platform to other websites via hyperlinks. We do not assume any responsibility for the creation and/or content of these websites.
We are not providing any terminal equipment, software programs, transmission routes, telecommunication and/or other services of third parties for the use of the Platform. We are not liable for any misuse of information by users.
This agreement between you and us will be governed by and construed in accordance with German law.
If you are an entrepreneur, a legal person of public law or separate assets under public law, you agree to accept exclusive jurisdiction of Berlin courts for all legal matters arising out of these terms and conditions.
If a provision of this agreement is or becomes illegal, invalid or unenforceable the validity or enforceability of any other provision shall not be affected. The invalid provision will be substituted by a provision which the parties would have agreed upon if aware of such invalidity. The same shall apply if and to the extent that these terms and conditions are found to contain any gaps or omissions.