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Terms and Conditions



1. Introduction


These terms and conditions (the “Terms”) govern your use of the postcardsfromberlin.com website (the “Site”), which is operated by KS12 Patrizia Kommerell and Gabriel Shalom GbR (hereinafter “we,” “us” or “our”). By using or accessing the Site, you agree to all of these Terms.


2. Privacy


When you register to use the Site, we ask you for personal information (such as your name, email address and an account password). We may use the information you submit in order to facilitate the operation of the Site and to provide you with a better experience. We may use your personal information, including without limitation your e-mail address, to send you information about other activities, events, and promotions related to the Site. We do not sell, rent or share e-mail addresses with any third parties.



If you are under age 13, please do not attempt to register for the Site or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible.



3. Sharing Your Content and Information


In order to upload content and information to Postcards from Berlin you must own or hold all necessary rights (copyrights, etc.) to your submission. For content that is covered by intellectual property rights, including without limitation text, photos and videos ("IP content"), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide license to reproduce, distribute, display, perform, or otherwise use any IP content that you post on or in connection with the Site ("IP License"). Everything that you submit to the Site shall be treated as nonconfidential and non-proprietary.



4. Safety


We are under no obligation to monitor or review discussions, postings, comments, or content of any kind on the Site and we assume no responsibility or liability arising from such content or materials or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, danger, or inaccuracy contained in any information within such locations on the Site. We do wish to keep the Site safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:



  • You will not send or otherwise post unauthorized commercial communications (such as spam) on the Site.

  • You will not collect users' content or information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers).

  • You will not upload viruses or other malicious code.

  • You will not solicit login information or access an account belonging to someone else.

  • You will not bully, intimidate, or harass any user.

  • You will not post content that is hateful, threatening, pornographic, or that contains graphic or gratuitous violence.

  • You will not use the Site to do anything unlawful, misleading, malicious, or discriminatory.

  • You will not do anything that could disable, overburden, or impair the proper working of the Site, such as a denial of service attack.

  • You will not facilitate or encourage any violations of the Terms.



That said, we strive to moderate all contributions which get posted to the Site. New postcards which we haven't had the chance to personally review will be clearly marked as "New Arrivals". We have a good-willed belief that most people who participate will do so in a respectful and decent manner, so we rely on you to help us identify contributions which are "junk mail" and either violate our Community Guidelines or our Terms and Conditions. If you think a New Arrival is a violation then simply click the button to report it as Junk Mail. If a postcard is not marked a New Arrival then it means we have approved it.



5. Protecting Other People's Rights


We respect other people's rights, and expect you to do the same.



You will not post content or take any action on the Site that infringes or violates someone else's rights or otherwise violates the law. For example, you must receive permission from any person depicted in any photos that you submit.



We can remove any content or information you post on the Site if we believe that it violates the Terms, or for any reason, in our sole discretion.



If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.



You will not post anyone's identification documents or sensitive financial information on the Site.



6. Termination


If you violate the letter or spirit of the Terms, or otherwise create possible legal exposure for us, we can stop providing all or part of the Site to you. We will notify you by email or at the next time you attempt to access your account. You may delete your account at any time. In all such cases, the Terms shall terminate, but the following provisions will still apply: 2, 3, 7, 8, 9. Your contributions to the Site will remain on the site if you delete your account in an archived form.



7. Disputes


You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to the Terms or The Site exclusively in a court located in Berlin, Germany. The laws of the country of the State of Berlin, Germany will govern the Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located Berlin, Germany for the purpose of litigating all such claims.



If anyone brings a claim against us related to your actions, content or information on the Site, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.



8. Other


The Terms makes up the entire agreement between the parties regarding the Site, and supersedes any prior agreements, written or oral.



We can change the Terms at any time for any reason by posting new Terms on the Site.



If any portion of the Terms is found to be unenforceable, the remaining portion will remain in full force and effect.



If we fail to enforce any of the Terms, it will not be considered a waiver.



Any amendment to or waiver of the Terms must be made in writing and signed by us.



You will not transfer any of your rights or obligations under the Terms to anyone else without our consent.



Nothing in the Terms shall prevent us from complying with the law.



The Terms does not confer any third party beneficiary rights.



9. Limitation of Liability


WE TRY TO KEEP THE SITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE SITE "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SITE WILL BE SAFE OR SECURE. THE SITE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR TRUSTEES, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE TERMS OR THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE SITE'S LIABILITY TO YOU WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Latest Blog Entries

Press!

Posted on: July 4, 2010

Postcards from Berlin has been getting in the press! A couple weeks ago we were filmed for the RBB Abendschau television news segment, and we’ve had several warm articles written about the project in some Eastern Shore of Maryland-based newspapers.

Postcards from Berlin Episode 2: Berlin, Maryland

Posted on: April 16, 2010

Our visit to Berlin, Maryland last week was lots of fun! We made many new friends and spread the word about the project. We’ve added a couple new postcards to commemorate our visit; a brief recounting of the history of how Berlin, Maryland got its name – as told by Berlin, Maryland’s Mayor Williams, as well as a performance by the fantastic band Hot Buttered Nuggets – featuring the amazing Douglas Everton on guitar and vocal instrumentation.

Continue reading…

Back to Where it All Began

Posted on: April 3, 2010

Surprise! Next week on Friday, April 9th, 2010 we’ll be spending our evening in Berlin, Maryland participating in the local Second Friday Art Stroll! Berlin Maryland’s art spaces open their doors from 5:30 to 8 PM once a month to public tours, enriching the town with their local creativity. Businesses with exhibitions to share display flags to identify themselves to visitors. We’ll be in attendance, stationed graciously at the historic Atlantic Hotel, conducting a storytelling workshop. We’ll have two laptops on site as well as wireless Internet access (courtesy of the Hotel) to enable Berlin-Marylanders a chance to get involved in the project on the spot! We’re very excited to get this opportunity and eager to return to the source of our inspiration for the project! So far Berlin, Maryland has taken the most initiative in participating, with 11 postcards submitted to date! Check out this article which appeared in Ocean City Today in March, and be sure to stay tuned in this coming week for more updates!

PS: don’t forget: On Friday, April 16th 2010 at 6PM we will be introducing Postcards from Berlin at the achtung berlin film festival in Berlin, Germany!

Welcome to Beta!

Posted on: March 19, 2010

Phillip, Gabriel, Gavin and Tom on the KS12 couch the night of launch! Pati was in Stuttgart celebrating her brother’s graduation from architecture school so, left to our own devices, we pulled out the cool shades.

We are very happy to officially launch the Postcards from Berlin beta website today! Special thanks to Gavin, Phillip, Tom and Linda for helping pull the project together in the last weeks, as well as our awesome project partners achtung berlin and Palomar5! Thanks also to Nicole, Brandon and Malte for helping us beta test!

On Friday, April 16th 2010 at 6PM we will be introducing Postcards from Berlin at the achtung berlin film festival in Berlin, Germany!

We’re looking forward to getting your stories from American Berlins, and as an incentive to get the website buzzing with activity we’ve decided to award new registrations with twice the normal number of stamps up until the 16th of April. Our goal will be to present the top 12 most stamped postcards at the event!

Continue reading…

Postcards from Berlin Episode 1: Our Story

Posted on: January 21, 2010

Video Transcription:

Welcome to the first episode of the Postcards from Berlin video blog. In this episode we’re going to tell you a little bit about the inspiration for this project. But funny enough, the story doesn’t begin in Berlin, Germany. Back in the summer of 2006 we were on a weekend trip to Rehoboth Beach. On the drive back we spotted a sign for “Berlin, Maryland” so we decided to pay a visit. It was strange for us to see the word Berlin printed on a road sign in America. At that time we were considering moving to Berlin, Germany and we were curious to see what this other Berlin was like compared to the German capital. Continue reading…

Postcards from Berlin: Introduction

Posted on: October 11, 2009

You can also watch and share this video on YouTube.