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.
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.
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.
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:
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.
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.
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.
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.
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.
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.