Terms of Use

Berlin Stories Website Terms & Conditions

Please read these Terms of Use before using BerlinStories.org or any features of this site (collectively, the “Site” or “Berlin Stories”). By using the Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please exit the Site and do not use the Site or any of its features. We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated Terms of Use on the Berlin Stories website. Please check these Terms of Use frequently for updates. Any modifications, additions or deletions to these Terms of Use shall be effective immediately upon posting. Your continued use of the Site following the posting of updated Terms of Use will mean that you agree to those changes.

Copyrights
The contents of the Site are protected by German and international copyright laws. In the case of User Materials (as defined in the “User Materials” section below), the contents are licensed to Berlin Stories by the user. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works, publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the Site without the prior written consent of Berlin Stories, except as provided below. All rights not expressly granted in these Terms of Use are reserved to Berlin Stories.

You may copy, download one copy on a single computer, and print a limited amount of content, for your personal, non-commercial use only, provided that (a) you include without modification all copyright and other proprietary notices contained in the content, (b) you do not modify the content, (c) you do not use the content in a manner that suggests Berlin Stories promotes or endorses your, or any third party’s, causes, ideas, web sites, products or services, and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity.

You may use the Site only as expressly permitted in the relevant paragraphs below in these Terms of Use. Any other use of the Site content requires prior written permission from Berlin Stories.

User Materials
Through the “My Berlin” and “Your Stories” portions of the Site, and through other features of the Site, users may post, upload, transmit and/or otherwise submit (“Submit”) comments, messages, other text, photos, images, story ideas, essays, and other content and materials, and make recommendations, on or through the Site (“User Materials”). You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by Berlin Stories staff and on the Internet by the general public. You acknowledge that the features of the Site are for public and not private communications.

We reserve the right to screen, refuse to post, remove or edit User Materials at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to screen User Materials, there may be a delay in the posting of such content to allow for a review process. If we have questions about your User Materials, we have the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Materials.

You retain the copyright and other ownership rights in any User Materials that you submit on or through BerlinStories.org. However, by submitting User Materials on or through BerlinStories.org, you hereby grant Berlin Stories and its respective licensees a non-exclusive, perpetual, royalty-free, universe-wide, transferable license to use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt your User Materials in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to, BerlinStories.org, third party licensee web sites, over the air (on radio or television), and on mobile platforms, without payment and without further consent or notice to you. You further grant Berlin Stories the right to contact you in connection with your User Materials and to use your name, location and other information that you have provided in connection with the User Materials.

In addition, you grant each user of the Site a non-exclusive, royalty-free, worldwide license to access your User Materials on or through BerlinStories.org, and to use your User Materials pursuant to these Terms of Use and as permitted by the functionality of the BerlinStories.org web site.

For any User Materials you Submit on or through BerlinStories.org, you agree to abide by these Terms of Use. You further agree to the representations and warranties, and indemnification obligations, set forth in the “Representations; Indemnity” section below.

Links to Third Party Sites
BerlinStories.org may provide links to Internet sites maintained by third parties, over which Berlin Stories has no control. Berlin Stories does not endorse the content, operators, products or services of such sites, and is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. Berlin Stories shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through such sites.

Rules for Use of the Site
By using the Site, including by registering for the Site, Submitting User Materials, or by using any other features of the Site, you agree to the following rules:

1. You must be at least eighteen (18) years of age to submit any User Materials or personally-identifying information on or through BerlinStories.org. If you are between the ages of 13 and 18, you may browse BerlinStories.org or register for email newsletters or other features of the Site with the consent of your parent(s) or guardian(s), so long as you do not submit any User Materials. If you are under 13 years of age, please do not send any information about yourself, including your name, address or email address. If we discover that we have collected any personally-identifying information from a child under the age of 13, we will remove that information from our database as soon as possible.

2. You may not submit any User Materials anonymously or under a false name or a false e-mail address. You may not impersonate another user or provide any false information about yourself.

3. You may not submit any User Materials or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, in violation of third party privacy rights, or that constitutes hate speech or a personal attack.

4. You may only submit User Materials for which you have the copyright or other necessary rights and permission to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, patent, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that you own or have all necessary rights and permissions to use, distribute and authorize Berlin Stories (to the extent permitted by these Terms of Use) to use and distribute any User Materials.

5. The Service can only be used for personal, non-commercial purposes. You cannot submit any material containing any solicitation of funds, advertising, promotion, solicitation for goods and services, or recruiting.

6. You may not submit any software or other material which contains a virus, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs or device. You may not use the Site to distribute chain letters, mass mailings, spam, or duplicative or unsolicited messages in violation of applicable laws.

7. You may not interfere with or disrupt the integrity or performance of BerlinStories.org, or any portion or contents thereof, or use BerlinStories.org in any way which degrades its reliability, speed or operation, or its underlying hardware or software. In addition you may not attempt to gain unauthorized access to BerlinStories.org or related systems or networks.

8. By submitting any User Materials on or through the Site, you hereby grant Berlin Stories its licensees, and users of the website (to the extent permitted by the Terms of Use) the licenses to use those User Materials as set forth above in the “User Materials” section.

9. You are solely responsible for any User Materials submitted using your account. Berlin Stories does not and cannot review all User Materials submitted by you or others and is not responsible for any User Materials submitted by you or others on or through the Site. However, Berlin Stories has the right (but not the obligation) to review, screen, delete, edit and/or move any User Materials that it deems, in its sole discretion, to be in violation of these Terms of Use, or for any other reason, as determined in the sole discretion of Berlin Stories.

10. Berlin Stories is not responsible or liable for any User Materials submitted by you or a third party, including any User Materials, on or through the Site. Berlin Stories cannot verify the accuracy of statements that users make or place on or through the Site, and does not guarantee that any User Materials have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with these Terms of Use.

11. By using the Site, you agree to abide by these rules. You acknowledge that Berlin Stories has the right (but not the obligation) to review, screen, delete, edit or move content or material that it deems, in its sole discretion, to be in violation of these Terms of Use, or for any other reason, in its sole discretion. You further acknowledge that Berlin Stories has the right to limit or terminate your, or any other person’s, access to or registration in the Site for any reason, in its sole discretion, including violation of these Terms of Use.

Representations; Indemnity
You represent and warrant that (a) if you Submit any User Materials or personally-identifying information on or through the Site, you are at least 18 years of age, (b) you have obtained all clearances, releases, licenses and rights to any User Materials you Submit on or through the Site that may be necessary for their use as contemplated by these Terms of Use, (c) there are no encumbrances or restrictions on the User Materials or their use as contemplated by these Terms of Use, (d) the User Materials, and their use by Berlin Stories, its licensees, and users of the Site (pursuant to these Terms of Use) does not and will not defame any person or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any person or entity or violate these Terms of Use, and (e) your use of the Site complies with these Terms of Use. You agree that you will indemnify and hold harmless Berlin Stories and its respective directors, officers, employees, members, licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys’ fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of the Site, (3) the User Materials you have Submitted on or through the Site, or (4) Berlin Stories’ publication, distribution or use of such User Materials, or the authorized publication, distribution or use of your User Materials by the Site’s licensees and users.

Disclaimer
THE SITE AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SITE ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BERLIN STORIES DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DOES BERLIN STORIES MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR CONTENT OF, ANY CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SITE OR THROUGH LINKS ON THE SITE. USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK.

SITE CONTENT IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND.

Limitation of Liability
IN NO EVENT WILL BERLIN STORIES, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR OR THIRD PARTY PROGRAM PRODUCERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SITE, OR (C) IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL BERLIN STORIES, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD PARTY PROGRAM PRODUCERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.

Right to Change Websites
Berlin Stories has the right to change its website, terminate or cease providing the website, or delete content, materials or features in any way, at any time or for any reason or no reason.

International Users
The Service is controlled and operated within Germany. Berlin Stories makes no representation that content, materials or products available on or through the Site are appropriate or available for use outside of Germany. If you access the Service from a location outside of Germany, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content.

Miscellaneous
These Terms of Use represent the entire understanding of the parties regarding the use of the Site and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of the Site. These Terms of Use shall be governed by and construed under German law without regard to its choice of law rules. A modification or waiver of a part of these Terms of Use shall not constitute a waiver or modification of any other portion of the Terms of Use. If for any reason any provision of these Terms of Use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Use will continue in full force and effect.

Questions
If you have any questions about the terms of use, please contact theberlinstories@gmail.com