General Terms and Conditions
General Terms and Conditions for the Use of the Liebieghaus Website
By logging in as a user to www.liebieghaus.de you are accepting the General Terms and Conditions (hereinafter "GTC”). Party to the agreement is the Liebieghaus Skulpturensammlung, Schaumainkai 71, 60596 Frankfurt am Main (hereinafter "Liebieghaus”). These GTC regulate the principles for the use of the website and contain provisions on data protection. The GTC in force at the time of application for membership are applicable. The offer is extended to individuals who are using the Liebieghaus website exclusively for private purposes. The User can query, print out, download, or save these GTC at any time, including after the conclusion of the agreement, at www.liebieghaus.de.
1. Service Provider
The services of the www.liebieghaus.de site (hereinafter "Liebieghaus website”) are provided by the Liebieghaus, a non-profit institution.
2. Personal Platform
The Liebieghaus offers the User the opportunity to design a personal platform on the Liebieghaus website in which the User is able to compile, for personal use, one or several albums with images and texts selected exclusively from the Liebieghaus website. Elements from sources other than the Liebieghaus website cannot be added to the albums. The symbol "Add to my album” indicates the elements on the website that can be added to the personal platform.
The personal platform can be printed out but not downloaded. A link to external contents (hyperlink) that shows the elements in a personal album can be sent to friends by e-mail. These elements can likewise be printed out but not downloaded. Practical information on the setting up of personal albums and the access to them can be found in the "Demo” section of the service.
The User recognizes that it is technically impossible to achieve 100% availability of the Liebieghaus website. The Liebieghaus shall endeavour, however, to keep the Liebieghaus website as consistently available as possible. In particular, maintenance, security, or capacity concerns as well as events beyond the Liebieghaus’s control (e.g., disturbances in public communications networks, power failures, etc.) can lead to brief disruptions or to the temporary suspension of services on the Liebieghaus website.
3. Registration and Terms of Membership
The User must be registered to access the above-mentioned service. The User guarantees that all data supplied by the User upon registration is true and complete. The User is obligated to notify the Liebieghaus of changes to his or her user data without delay.
The Liebieghaus grants the User a free-of-charge, non-exclusive, and non-transferrable licence to use the service conditional upon strict compliance to the General Terms and Conditions, which the User must read and accept before registering.
Upon registration, the User must specify a valid e-mail address to which the Liebieghaus sends the password that opens access to the personalized site. The User is obligated to keep his/her password a secret. The Liebieghaus will not transmit the password to third parties and will never ask the User for the password except when the User is logging in. The User has to register via the website operated by the Liebieghaus.
There is no entitlement to registration. The Liebieghaus reserves the right to revoke the licence at any time and without notice, especially in cases of misrepresentation when logging in and improper use of the platform.
4. Right of Withdrawal for Consumers
For consumers as defined by law (§13 BGB [German Civil Code]) the following provisions apply:
The User can withdraw the registration in writing (e.g., by letter, fax, or e-mail) within two (2) weeks without stating reasons. The period begins after the activation of the membership by the Liebieghaus, but not before the receipt of this instruction.
In each of the above cases, punctual dispatch of the cancellation shall suffice to comply with the time limit. In each of the above cases, cancellation can be sent by mail to the Liebieghaus Skulpturensammlung, Schaumainkai 71, 60596 Frankfurt am Main. Cancellation can also be sent to the Liebieghaus by means of the contact form accessed via the Liebieghaus website or by fax or e-mail. The Liebieghaus’s fax number and e-mail address will be e-mailed to the User after the User’s registration and are moreover to be found at www.liebieghaus.de.
The User’s rights of termination under Section 11 shall not be affected by the User’s right of withdrawal in accordance with this Section 4.
In the event of a valid cancellation, the mutually received services are to be restored within the scope of the statutory provisions and if applicable emoluments taken are to be returned. Should the User be unable or partially unable to restore the received services, or is only able to restore them in a deteriorated condition, to the Liebieghaus, the User must provide compensation for value to the Liebieghaus in this regard if applicable. The User must fulfil obligations to refund payments within thirty (30) days after the dispatch of the User’s declaration of withdrawal.
5. Reservation of Ownership
For consumers, the Liebieghaus reserves ownership of the goods until the purchase price has been paid in full.
6. Data Protection Provisions
In accordance with the provisions of the statutory data protection standards, we hereby state that no personal data transmitted to us by way of this website will be processed or stored beyond the period of time required for the rendering of the requested service or on any scale in excess of the data required for the purposes of rendering the requested service. No personal data transmitted to us by way of this website will be forwarded to any third party. Following the rendering of the service (e.g. the processing of an order), the personal data will be deleted. Personal data will be stored beyond that point in time only in cases of requests in which the personal data is essential to the necessary administration. The User has the right to retrieve his/her personal data, to change and/or delete it. The User can change and update personal data directly in the subsection "Personal details”. The collection of statistics is effected with Google Analytics.
7. General Technical Rules
For technical reasons, it is not possible to create more than twenty (20) albums per user account. An album cannot contain more than sixty (60) elements (text or images).
After thirty minutes of inactivity, the User is automatically logged out. If the personalized site is called up from a public access point, the User must log out before leaving the public access point to ensure that no third party has access to the personal site. Access to the service by other means than through the interface made available by the Liebieghaus website is prohibited, as is any attempt to retrieve, change or reproduce the source code to the software programmes or the applications that provide access to the Liebieghaus website and/or the service.
8. Deletion of an Album No Longer Being Used
The Liebieghaus may delete any album that has not been used, expanded, or viewed for a period of one year. One month prior to the deletion, the User will be informed by e-mail of the necessary steps to preserve the album.
9. Intellectual Property
Membership implies that the User recognizes that the contents of the Liebieghaus website—in particular, photographs, texts, sounds, moving or still images, software programs, and databases or other elements capable of being protected—are protected by intellectual property rights as well as other ownership rights. Consequently (with the exception of personal use) the User undertakes to refrain from copying or reproducing in full or in part any elements of an album or contents of the Liebieghaus website in any form, with or without payment, for advertising, commercial or non-commercial purposes. Any unauthorized duplication or representation of any elements that are protected by copyright or other intellectual property rights for non-personal purposes will result in legal action.
10. Obligations of the User
The User is obligated when using the contents and services on the Liebieghaus’s websites to comply with all applicable laws and all rights of third parties.
In particular, the User shall not:
· use insulting or defamatory contents, regardless of whether said contents concern other users, Liebieghaus employees, or any other persons or companies,
· use pornographic contents or any contents in violation of laws for the protection of young persons (Jugendschutzgesetz); or advertise, offer, or distribute pornographic products or any products in violation of laws for the protection of young persons (Jugendschutzgesetz),
· unreasonably annoy (particularly with spam) other users (cf. § 7 of the German Law Against Unfair Competition, the UWG),
· use without authorization contents protected by law (e.g. by copyright, trademark, patent, registered design, or utility model laws), or advertise, offer, or distribute goods or services protected by law, or
· undertake or support actions contrary to fair competition, including progressive customer solicitation (such as chain systems, multilevel selling, or pyramid sales schemes).
The User shall refrain from the following annoying actions, even if they do not concretely violate any laws:
· sending chain letters,
· sending identical private messages to several users at the same time,
· implementing, advertising, and promoting pyramid system measures (such as multilevel marketing or multilevel network marketing), or
· communicating in a suggestive or sexual way, whether explicit or implicit.
The User is likewise prohibited from undertaking the following actions:
· using mechanisms, software, or scripts in connection with the use of the Liebieghaus website. However, the User may use the interfaces or software provided by the Liebieghaus within the scope of the services offered on the Liebieghaus website,
· blocking, overwriting, modifying, and copying, unless said actions are required for the proper use of the services of the Liebieghaus website. For example, copying through "Robot/Crawler” search engine technologies is not required for the proper use of the services of the Liebieghaus website and for this reason is explicitly prohibited,
· disseminating or publicly disclosing contents of the Liebieghaus website or other users,
· performing any action that may impede the functionality of the Liebieghaus’s infrastructure, in particular, any action that may overload said infrastructure.
11. Termination of the Agreement
The User may terminate the complementary membership at any time without stating reasons. The termination may be communicated by means of the contact form accessed on the Liebieghaus website or by fax or e-mail to the Liebieghaus. In addition, the User may delete his/her albums and their contents directly in the subsection "My albums”.
The Liebieghaus may terminate without stating reasons, giving fourteen (14) days notice. This provision shall not affect the right of both parties to terminate the agreement for good cause.
A good cause for the Liebieghaus is defined, in particular, as a situation that makes it unacceptable for the contractual relationship to be continued to the expiry of the termination period, having considered the individual case and weighing the interests of the Liebieghaus. A good cause includes, in particular:
· if a user violates his/her contractual obligations,
· if the reputation of the Liebieghaus is considerably damaged by the presence of the User,
· if the User promotes associations or communities—or their methods or activities—that are under observation by public authorities responsible for security or the protection of young people,
· if the User causes damage to any other user or users,
· if the User is member of a sect or a religious community disputed in Germany.
In the event of a good cause, the Liebieghaus may delete the contents provided by the User (albums) and/or block the User’s access to the Liebieghaus website.
12. Responsibility for the User’s Contents, Data, and Information
The Liebieghaus does not assume responsibility for the contents, data, and information provided by users of the Liebieghaus website or for contents on linked-to external websites. In particular, the Liebieghaus does not guarantee that the contents are true, or that they fulfil a particular purpose or can serve such purpose.
13. Liability of the Liebieghaus
Claims for damages—whatever the legal grounds—made against the Liebieghaus (including its agents and employees) presupposing ordinary negligence shall exist only if a fundamental contractual obligation/cardinal obligation has been violated. In this event, the amount of claims for damage shall be limited to typical and foreseeable damages.
The User shall indemnify the Liebieghaus from all claims asserted by other users or any other third parties against the Liebieghaus regarding a violation of their rights resulting from contents placed by the User on the Liebieghaus website. The User shall further indemnify the Liebieghaus from all claims, including claims for damages, asserted by other users or any other third parties against the Liebieghaus regarding violation of their rights resulting from the User’s use of the Liebieghaus website’s services. The User shall agree to pay all reasonable costs, including reasonable legal defence costs, incurred by the Liebieghaus due to a violation of third party rights. All further rights and claims for damages of the Liebieghaus shall remain unaffected.
In the event that the User’s contents violate the rights of third parties, the User shall, at his/her own expense and at the Liebieghaus’s option, procure the right for the Liebieghaus to use the contents or modify the contents to make them non-infringing. In the event that the User’s use of the services of the Liebieghaus website violates the rights of third parties, the User will immediately discontinue such contrary to the agreement and/or unlawful usage, if so requested by the Liebieghaus.
15. Closing Provisions
The agreement and any amendments to it must be in written form. There are no collateral agreements.
The Liebieghaus reserves the right to amend these GTC at any time, without providing reasons, unless such amendment is unreasonable for the User. The Liebieghaus shall give the User due notice of amendments to the GTC. If the User does not object to the validity of the new GTC within two (2) weeks after notification, the amended GTC shall be considered accepted by the User. In the notification, the Liebieghaus shall refer the User to the User’s right to object and the importance of the objection period.
Unless otherwise agreed, the User may deliver all notices to the Liebieghaus by e-mail using the contact form accessible from each of the Liebieghaus websites or send notices by fax or letter to the Liebieghaus. The Liebieghaus may send notices to the User by e-mail or by fax or by letter to the addresses the User provided as his/her current contact data in his/her user’s account.
If any provision of these GTC is or becomes invalid, this will not affect the validity of the remaining provisions. The parties to the agreement undertake to replace an invalid provision with a valid provision that in its substance approaches as closely as possible the intent and economic effect of the invalid provision. This also applies to loopholes in the agreement.
Place of fulfilment shall be the domicile of the Liebieghaus.
To the extent admissible by law, place of jurisdiction shall be the domicile of the Liebieghaus.
German law is applicable to the exclusion of international private law and the United Nations Convention on Contracts for the International Sale of Goods, which has been adopted into German law.