Conditions of Use 

Welcome to the Conditions of Use of Kulturprojekte Berlin GmbH, postal address: Klosterstrasse 68, 10179 Berlin, represented by its management board (in the following ‘Kulturprojekte Berlin GmbH’).

The following Conditions set out the conditions under which you may use www.lange-nacht-der-museen.de and in particular your User Profile (referred to together in the following as the ‘Platform’). By clicking on the ‘Yes, I agree to the Conditions of Use’ button during the registration process, you state that you agree to the Conditions of Use set out below.

Kulturprojekte Berlin GmbH operates the website of the Long Night of Museums Berlin under the URL www.lange-nacht-der-museen.de. Once you have completed the registration process you will be able to create a User Profile, which will be visible on the portal. Please note also that you will be registered as a User on the portal once you have registered.

When reference is made below to the operator as “we” or “us”, this always involves responsibilities incumbent upon Kulturprojekte Berlin GmbH.

We reserve the right to amend these Conditions of Use at any time and without giving reasons. You will be sent the new Conditions by email two weeks before they come into force. If you have not objected within two weeks after receiving the email, the amended Conditions will be deemed to have been accepted. We will draw special attention in the email we send you containing the amended Conditions to the meaning of the two-week deadline.

1. Description of the Platform

The aim of the Platform is to provide information on the participants, the programme, the routes, the prices and everything else connected with the Long Night of Museums in Berlin. The Platform also gives Users the opportunity to make their own lists of Favourites with places and events as the basis for their plans or as recommendations for the Long Night of Museums.

2. Registration

Before you can use the Platform you will need to register with a valid email address. The information in your email address before the @ sign will then initially be the name used for your Favourites list. You will have the opportunity to change the name immediately after registering. To verify your details a confirmation email will be sent during the registration process to the email address you have provided. This confirmation email will enable you to activate your Profile. If you are registering as a company or institution, your identity will also be verified by sending an email, but not until one of our staff has checked the details you have provided.

3. Right of Revocation

If you are a consumer within the meaning of Section 1 of the German Civil Code (BGB – Bürgerliches Gesetzbuch), you have a statutory right of revocation. We are providing you with an information notice about this right in this clause. We would stress that use of the Platform is completely free of charge for all Users. We have nevertheless been advised to publish the right of revocation as follows for legal reasons.

Right of revocation

You may revoke your contractual declaration in text form (e.g. by letter, fax or email) within two weeks without giving reasons. The deadline begins no earlier than the day after the day on which you receive this notice in text form, but not, however, before the conclusion of the contract or before we have fulfilled our duties under Section 312 c (2) BGB in conjunction with Section 1 (1), (2) and (4) of the Ordinance on Duties to Provide Information and Proof under Civil Law (BGB-InfoV - Verordnung über Informations- und Nachweispflichten nach bürgerlichem Recht) to provide information as well our duties under the first sentence of Section 312 e (1) BGB in conjunction with Section 3 BGB-InfoV. The deadline will be deemed to have been complied with if the notice of revocation is sent in good time. The notice of revocation should be addressed to

Kulturprojekte Berlin GmbH
Klosterstrasse 68 Fax: +49-30-24749-710
Email address: museumsnacht@kulturprojekte-berlin.de

If you validly revoke the contract, performances received by both parties must be refunded and any benefits obtained from them, such as interest, must be surrendered. If you are not able to refund all or part of the performance you have received because refund or surrender is ruled out by the nature of the performance, you must if applicable reimburse us for its value. Obligations to refund payments must be met within 30 days. The deadline begins for you when you send your declaration of revocation, and for us when we receive it.

Special notice

Your right of revocation lapses prematurely if, at your express request, the contract is fulfilled in full by both parties before you exercise your right of revocation.

End of the revocation notice

4. General Rights and Duties of the User

4.1. Your membership is non-transferable. Only one membership per person is permitted. You must change your password immediately as soon as you become aware that third parties have obtained access to it. You are yourself alone responsible for all actions undertaken using your membership account.

4.2. By registering, you are guaranteeing us that you will only use the Platform for the purposes set out in these Conditions of Use. Subject to Clause 5.6, you may use it for commercial purposes by presenting your company, business or trade in your User Profile. Subject to Clause 5.7, establishing contact with other Users for commercial purposes, including contract initiation, is also permitted.

4.3. You have the opportunity to report other Users to us who breach the duties set out in Clause 5 using a “Report problem” button and giving your reasons. You undertake to us that you will not abuse this function.

5. Responsibility for Content

5.1. You are yourself alone and without limitation responsible for all data, information, texts, photos, graphics, embedded video streams or other content (in the following referred to for short as “Content”) which you store, provide for download or post on the Platform. This includes all Content which you have yourself created or for which you hold the rights to store or post it or make it available as well as Content which you obtain from other sources and store, post or make available on the Platform. Furthermore, we undertake no liability whatsoever for the Content on external websites to which you provide a link.

5.2. You undertake that you possess all rights required for storing, providing, publishing and using the Content. You shall indemnify us against any and all claims (including any legal costs or warning costs) which may be made against us by third parties by virtue of any infringement of their rights by Content provided by you. You also indemnify us against any and all claims (including any legal costs and warning costs) resulting from your breach of your duties as set out in these Conditions.

5.3. We undertake no guarantee that the information provided by our own employees is up-to-date, complete and correct.

5.4. We undertake no responsibility for the correctness and legality of Content provided by you and other Users. In particular, we are not responsible for monitoring the blog or verifying the legality of Content posted by you or other Users, but reserve the right to examine all Content for consistency with applicable laws, other requirements and values of morality and decency and to monitor the blog.

5.5. If in our opinion individual Content violates applicable laws, other requirements, values of morality and decency or third party rights, we shall have the right at any time to reject, change or permanently delete such Content or parts thereof and to block the responsible User from the Platform. If we become aware that you are providing Content that is ruled out under Clause 5.7, we reserve the right to remove such Content from the Platform and to block you as the responsible User from the Platform. If Content you have provided is deleted you will have no right to claim compensation from us. Rather, you are yourself responsible for securing your data.

5.6. You are especially prohibited from storing, posting and/or making available Content that infringes applicable laws or the rights of third parties. You are furthermore prohibited from storing or embedding Content such as music, videos or texts for which you do not yourself hold the copyright or for which you do not have the permission of the copyright holder. We draw the attention of our Users to the fact that any infringement may result in criminal proceedings. The following Content is also not allowed:

Content that is racist, pornographic, obscene, offensive, vulgar or immoral or which glorifies or trivialises violence;

Content that could harm or put at risk children or adolescents in their development or education or which are offensive to human dignity or violate other legal interests held in esteem by the legal system;

Content that could induce others to commit criminal or otherwise immoral acts;

threats against other Users; providers or third parties;

abusive criticism, defamation, insults, lies or false information;

Content that could violate the right of third parties to informational self-determination;

copied Content in which the User has no rights;

Content that poses a security risk, such as computer viruses;

links to websites with Content that is unlawful, endangers young people or is otherwise illicit;

third party data such as names, addresses, private data, telephone numbers or email addresses.

5.7. You also undertake not to abuse the Platform in any other way, in particular not to use the Platform to insult, defame, discriminate against, denounce, harass, threaten or in any other way to attack other Users or other natural persons or legal entities or for gathering or storing information about other Users, or to use the Platform for commercial or dishonest purposes or to make it available to third parties for such purposes, or to disseminate chain letters, junk mail or spam mails or other unsolicited mass mailings or to annoy other Users unreasonably in any other way or to undertake uncompetitive actions, or to undertake any actions which could impair the functioning of the service.

We simply provide Users with the technical opportunity to use the Platform and at no time do we participate in any communication among Users. Content posted by Users expresses and reflects solely the opinions of the Users themselves.

6. General Rights of the Operator

6.1. By providing your Content you are granting us the right, unlimited as to geography, time and content, to use your Content within the scope of the Platform, in particular to store or digitalise it, to make it publicly available and to hold it permanently for use on the Platform. We would expressly make it clear, however, that we will not adopt such Content as our own.

6.2. In order to be able to guarantee the functioning and clarity of the Platform, we have the right to process the Content provided by you by technical means to create miniature versions, known as thumbnails, which serve as a preview of the larger full versions and are linked with them.

6.3. If you provide a URL of your own for your profile page (e.g. www.museumsportal-berlin.de/profile name), Kulturprojekte Berlin GmbH expressly reserves the right to amend this URL at any time or to block access to this URL and to use it for other purposes.

7. Ending your Membership

7.1. You have the right to end your membership at any time via a link provided for the purpose, without giving reasons.

7.2. We have the right to end your membership at any time if you infringe these Conditions of Use through your own fault. If we have ended your membership without notice because you have infringed these Conditions of Use, you may re-register on www.lange-nacht-der-museen.de only with our explicit permission.

7.3. Your right to terminate for cause is not affected by these Conditions of Use.

7.4. When your membership ends, we will delete all your personal data and all other data provided by you.

8. Limitation of Liability for Operator

8.1. Claims for damages, presupposing slight negligence, against Kulturprojekte Berlin GmbH or Global Games Media Ltd. (including their vicarious agents) on any legal grounds whatsoever shall exist only if a material contractual duty has been breached. In such a case, damages claims shall be limited in their amount by the damages typically foreseeable at the time of concluding the contract.

8.2. The duty to pay damages in respect of injury to life, body or health shall not be affected by the limitation of liability under Clause 8.1.

8.3. You acknowledge that it is not technically possible to achieve 100 % availability of the Platform. We will, however, do our utmost to keep the Platform available as constantly as possible. Brief interruptions or temporary shut-downs of the Platform may, in particular, arise as a result of maintenance, security or capacity requirements or events beyond our control such as power outages. We reserve the right to modify the Platform at any time and in particular to suspend its services in whole or in part.

8.4. We refer via hyperlinks to other websites over the content and design of which we have no control. These hyperlinks merely mediate access to external content or products. We undertake no liability in respect of the form and content of such linked websites.

8.5. We do not provide any end devices, software programs, transmission routes or telecommunications or other third party services for the use of the Platform and undertake no guarantee or liability in respect of the same.

8.6. We undertake no liability for any abuse of information about Users.

9. Data Protection and Data Use

You can find information on data protection and data use in our privacy statement. By registering as a User you declare in particular your consent to your Profile and the associated data also being made accessible in subordinate portals which Kulturprojekte Berlin GmbH technically and organisationally provides and will provide to certain industry groups.

10. Governing Law and Venue of Jurisdiction

All legal relations between us and you are governed exclusively by German law.

If you are an entrepreneur, a legal entity under public law or a public law special fund, Berlin is agreed as exclusive venue of jurisdiction for all disputes arising from these Conditions of Use.

11. Saving Clause

Should any individual clauses of the foregoing Conditions of Use be invalid in whole or in part, this shall not affect the validity of the remainder of the Conditions of Use. The invalid provision shall be deemed to have been replaced by one which comes closest in a legally valid manner to the sense and purpose of the invalid provision. The same shall apply to any gap in the provisions hereof.

 

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