Terms and Conditions
Terms and Conditions
Art. 1 Scope and general terms
- Joining and using the Mitgehbörse Ulm platform, www.mitgehboerse-ulm.de, provided by the City of Ulm shall be subject to the following Terms and Conditions.
- Using the Mitgehbörse Ulm platform shall only be possible after prior registration and approval of the present Terms and Conditions.
- Using the Mitgehbörse Ulm platform shall be free of charge.
Art. 2 Purpose and services of the Mitgehbörse Ulm platform
- Mitgehbörse Ulm is a project initiated by the Cultural Department of the City of Ulm. Its purpose is to bring together culture enthusiasts at any age and of every origin and enable joint cultural activities and cultural exchange.
- The City of Ulm provides the participants with a platform where they can create a profile, make, read and comment on posts and exchange information with other registered participants.
- The services mentioned under Sect. 2 shall be subject to availability. The City of Ulm shall not be responsible for any delays, deletions, transmission errors or memory failure in any communication between participants or in the context of personalised sections.
- The City of Ulm shall reserve the right to expand, restrict, modify or eliminate part or all of their services.
Art. 3 Registration
- All persons of legal age and full legal capacity may register.
- Participants may not register more than once with Mitgehbörse Ulm.
- Participants shall ensure that all data provided for registration shall be complete, truthful, updated and, if modified, adjusted without delay.
- This registration may not infringe or use any third party rights, including but not limited to personal or other third party rights, without any legal basis or approval, including for example names or e-mail addresses.
- The operator shall reserve the right to verify all data provided for registration. However, there shall be no obligation to do so.
Art. 4 Personal profile
- Once registered participants may edit their personal profiles and any information provided therein at any time.
- Participants may create, edit or delete their own posts on the Mitgehbörse Ulm platform. The conditions for registration shall also apply to changes to the personal profile (cf. Art. 3).
- It shall be possible to send messages to other participants within the system used. It shall not be necessary to pass on any personal e-mail address. Each profile shall have an inbox and an outbox.
Art. 5 Access data
- For Login, a user name and a password (access data) to be freely selected by each participant shall be required.
- Participants shall undertake to keep access data confidential and prevent third parties from accessing these data.
- Should third parties gain access to these data, participants shall inform the operator without delay and change their access data.
- Participants shall be fully responsible for any action carried out under their personal profiles.
- Participants shall inform the operator without delay of any misuse of their personal profiles and any breach of security regulations.
Art. 6 Obligations of participants
- Participants shall bear sole responsibility for the content of any of their posts. This shall also apply to photos, graphics and other material.
- Participants shall undertake not to publish any content that violates applicable law, the present Terms and Conditions or standards of public decency. They shall also agree not to provide links to any other websites with such content,
- including but not limited to
- content the publication of which would constitute a crime or an offence,
- content that insults, harasses, defames or threatens third parties,
- discriminating, racist, anti-Semitic, demagogic, sexist or pornographic statements or statements glorifying or playing down violence,
- calls for criminal activities,
- content that violates the rights of third parties, such as industrial property rights (trademark rights, copyrights, intellectual property rights, competition law etc.) or general rights to protection of personality (including the right to informational self-determination),
- evidently false information,
- and any kind of commercial advertising.
- Any posts or links that are not permitted shall be deleted from the Mitgehbörse Ulm platform. Should any third party draw attention to any forbidden content, the City of Ulm shall have the right to delete this content immediately without prior notice. In any case, the City of Ulm shall have the right to block a personal profile. In this case, further participation or a new registration shall not be possible.
- In the event of a breach of Art. 6 Sect. 3 and 4, the participant shall compensate the operator for any potential damages. This shall also include any costs that may arise from any legal disputes with third parties.
Art. 7 Personal data
- For registration, personal data shall be entered into a standard registration from. Personal data shall only be used for private, non-commercial use and shall be subject to applicable rules on data protection.
- With their registration, participants shall approve the publication of selected personal data in the protected space of the Mitgehbörse Ulm platform. These selected personal data shall be identified as such in the registration form.
- By registering participants shall also agree that any data provided by them shall be saved and processed by the City of Ulm for the purposes of the Mitgehbörse Ulm platform.
- Any data provided by registered participants shall be treated confidentially and not passed on to any third party.
- The City of Ulm shall take any technical or organisational measures necessary to guarantee appropriate protection of the data provided.
- Further reference shall be made to a separate Privacy Statement regarding the Mitgehbörse Ulm platform.
Art. 8 Copyrights
- Participants shall ensure that no posted content (texts, pictures, links etc.) violates any existing rights, including but not limited to any copyrights. They shall make sure to obtain prior authorisation for any publication of data displaying persons.
- Participants shall provide the posted content for the purpose of the Mitgehbörse Ulm platform free of charge.
Art. 9 Liability
- The content and opinions posted by the participants in Mitgehbörse Ulm do not reflect the opinion of the City of Ulm. The City of Ulm shall not assume responsibility for the accuracy of the information provided and shall not be liable for the content posted by any participant.
- Provided that the Mitgehbörse Ulm platform contains any links or hyperlinks to other websites, databases or services provided by third parties, the City of Ulm shall not be responsible for their access, maintenance, safety or content.
- The use of the Mitgehbörse Ulm platform shall be on a voluntary basis and at own risk. The City of Ulm shall not be held liable for any damages that may arise e.g. from memory failure, accidental deletion, display or data errors. The City of Ulm shall not be liable for any loss of participants' data.
- Participants shall indemnify the City of Ulm from any claims that could arise due to third party rights that may have been infringed. Participants shall bear any costs that may be incurred in this context, such as court and judicial fees. An exception shall be deemed to occur if participants are not responsible for this infringement.
- Any liability claims relating to material or non-material damages that arise from the use or failure to use any information provided or the use of incorrect or incomplete information shall be excluded unless there is proof of deliberate or grossly negligent guilt on the part of the City of Ulm.
Art. 10 Changes of the Terms and Conditions
- The City of Ulm shall reserve the right to make changes or additions to the present Terms and Conditions at any time. Such changes shall be communicated to the participants before their entry into force. Changes of the Terms and Conditions shall enter into force unless a participant object within a period of 14 days. Should a participant object to such modifications within the period stipulated, this shall be deemed to be a termination of this agreement. In this case, the City of Ulm shall have the right to delete the profile of the participant.
Art. 11 Termination of participation in Mitgehbörse Ulm
- These Terms and Conditions shall apply for an indeterminate period.
- Participation shall end when the personal profile is deleted by the participant.
- If participants violate any applicable law or the present Terms and Conditions, the City of Ulm shall reserve the right to terminate the agreement without notice. In this case, the City of Ulm shall have the right to permanently block the profile of the participant. The City may also delete any data and information posted.
Art. 12 Applicable law and jurisdiction
- These Terms and Conditions shall be governed by German law.
- The contractual language shall be German.
- The place of jurisdiction for all legal disputes regarding the use of the Mitgehbörse Ulm platform shall be Ulm. The place of jurisdiction for all legal disputes regarding the access to the Mitgehbörse Ulm platform shall be Sigmaringen.
Art. 13 Final provisions (severability clause)
- If any of the provisions of the present Terms and Conditions is invalid, it shall be replaced by a valid provision equal in intention and effect.
- The validity of the remaining provisions shall remain unaffected by the invalidity of individual provisions.