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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 Postcards

Best wishes from BERLIN

sent from New Berlin, New York by Orti-Berlin
September 25, 2014

Hi, I’m a German BERLINer, who is very interessted in other cities called BERLIN. I know there are places like: Town of BERLIN, City of BERLIN, Village of New BERLIN, New BERLIN, East BERLIN, BERLIN Heights, OBERLIN, New BERLINville and so on… And there are some more places, like...

0 Contributions

1 Stamp

Hello From Berlin

sent from Berlin, West Virginia by julien-vachon
August 13, 2011

Hello From Berlin, aucune photo du tournage vu qu’il a été annulé enfin la partie intérieure.

Bisou

0 Contributions

1 Stamp

Looking down South Main Street

sent from Berlin, Maryland by zibpyle
October 16, 2010

Looking down south main street, at the intersection of Buckingham St. A quiet morning, no traffic. (As if there is ever traffic on Berlin’s Main St.) Summertime. I used to walk this street all the time and even years later it seems exactly the same.

0 Contributions

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Fields and Development as seen from West St.

sent from Berlin, Maryland by zibpyle
October 16, 2010

Berlin is a small enough town that some streets just open right up to fields. From this spot on West street, one can see newer developments across the fields.

0 Contributions

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At the Berlin Peach Festival, August 2010

sent from Berlin, Maryland by zibpyle
October 16, 2010

Carriage Rides at the Berlin Peach Festival.

A hot day in August. Lots of peaches, peach tea, peach pie. A pie eating contest, a peach throwing contest, trees to climb a museum to visit. Live music. Fun for everyone.

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Liebe Agnes und Paul

sent from Berlin, New Hampshire by KS12
August 23, 2010

Liebe Agnes und Paul. Ich bin in Berlin und habe vergeblich nach Euch gesucht. Es macht Heimweh. Ich hoffe es geht Euch allen gut. Herzliche Grüße, Ida

English translation: Dear Agnes and Paul. I am in Berlin and I’ve been searching for you in vain. It makes me feel homesick. I...

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Beautiful View

sent from Berlin, New Hampshire by Jenney
July 17, 2010

This was taken 1st 2010 week of July along Thirteen Mile Woods In Berlin NH

2 Contributions

1 Stamp

Androscoggin Valley Hospital

sent from Berlin, New Hampshire by Jerry_Boucher
July 6, 2010

Androscoggin Valley Hospital is a full service community hospital in Berlin, NH.

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1 Stamp

Northern Forest Heritage Park

sent from Berlin, New Hampshire by Jerry_Boucher
July 6, 2010

The Northern Forest Heritage Park in Berlin, NH is an interpretive center that features a recreation of a logging camp with boat rides on the Androscoggin River. Berlin was a major center of logging and pulp and paper production throughout the 19th and 20th century. The base of this sign is a...

3 Contributions

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Towed to Berlin (Save the money for the return transport)

sent from Berlin, Connecticut by chris
July 5, 2010

I visited Hartford the capital of connecticut last year and I saw the funny sign in Tremont Street! I’m from Berlin in Germany but I thought, for my hired car it’s a long way back to Berlin.

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