Terms of use

(1) These terms of use apply to the online service Kultur in Ulm, which is available on the Internet at www.kultur-in-ulm.de and is provided by the Cultural Department of the City of Ulm. This is a platform on which cultural professionals can create profiles.

(2) You can access and print out the currently valid terms of use via this link.

(1) By completing the online registration process and creating a profile, a user agreement with the operator is established. The subject of the user agreement is the free presentation of the cultural creator's profile.

(2) Cultural creators from Ulm and a defined catchment area are eligible to register. The cultural work must take place in a location with one of the following postal codes: 89073, 89075, 89077, 89231, 89233, 89081, 89079, 89275, 89134, 89129, 89171, 89160, 89179, 89278, 89291, 89250, 89155, 89182). In addition, only persons of legal age and with full legal capacity may register.

(3) To create a profile, it is necessary to set up a user account. This consists of an email address and a password (“login data”). An email address required for registration can only be stored once. Further data (first name, last name, address, telephone number) is requested for registration.

(4) A user account can only be created if the user provides a current email address. This email address is also used for communication with the operator.

(5) The user warrants that the data used to create their profile (“profile data”) is true and complete and will be updated immediately in the event of any changes.

(6) The contract language is exclusively German.

(7) Any contractual relationships arising from communication between the user and other users shall exist exclusively between the users involved. The operator is neither a representative nor a contractual partner.

(8) The operator is entitled to expand, restrict, change, or completely discontinue its services.

(1) When using the profile, the user can create various profiles: The user has the option of publishing their own content (text, images, etc.) within the portal under their profile. Only one profile may exist per organizer (cultural institution, artist, association). The user undertakes to provide complete, truthful, and up-to-date profile information and to update it immediately in the event of any changes.

(2) Profiles must be approved by the operator before they can be viewed online. Approval is usually granted within five working days. The operator reserves the right to adjust profile information and correct grammatical or spelling errors. However, there is no obligation to do so.

(3) The contents of the profile can be edited by the user at any time in the log-in area.

(4) The operator is entitled to block access to individual content at any time, e.g. if there is suspicion that it violates applicable law or the rights of third parties. The user has no claim to the maintenance of individual functionalities of the platform.

(5) The operator shall endeavor to ensure the smooth operation of the platform. This is naturally limited to services over which the operator has control. The operator is free to restrict access to the website, either in whole or in part, temporarily or permanently, due to maintenance work, capacity issues, or other events beyond its control.

(1) The user undertakes to observe applicable law (e.g., criminal law, competition law, and youth protection law) when creating and using their own content and not to infringe any third-party rights (e.g., name, trademark, copyright, and data protection rights).

(2) The user undertakes to the operator that any content posted on the portal does not violate applicable law or morality, either in terms of its content or form. The same applies to the setting of external links. In particular, the following are not permitted

Content whose publication constitutes a criminal offense or an administrative offense

content that insults, harasses, defames, or threatens third parties,

content that glorifies or trivializes violence, is discriminatory, racist, anti-Semitic, incites hatred, is sexist, or pornographic,

calls for criminal acts,

content that infringes the rights of third parties, e.g., industrial property rights (trademark rights, copyrights, ancillary copyrights, competition rights, etc.) or general personal rights (including the right to informational self-determination),

obviously false information.

(3) Copyright-protected content may only be included verbatim in posts without the consent of the respective copyright holder within the scope of applicable quotation law. Quotations must be highlighted using the quotation function and the source must be cited. Foreign-language quotations must also be translated into German to the extent that the content is roughly understandable. In particular, incorrectly quoted posts may be removed or corrected by the administrator. The distribution and/or public reproduction of any content from the portal without the consent of the operator is prohibited.

1. The user may, without express permission from the operator, use the platform only for advertising their cultural offering or cultural activity.
2. In the event that the content contains hyperlinks to third‑party sites, the user guarantees that they have the right to use the hyperlink and that the website being referenced complies with applicable law and third‑party rights.
3. The user is obliged to handle the login data carefully. The user is absolutely prohibited from disclosing the login data to third parties and/or allowing third parties to access the profile by bypassing the login data.
4. The user must refrain from any activity that could impair the operation of the website or its underlying technical infrastructure and/or overburden it excessively. This includes, in particular:
   • the use of software, scripts or databases in connection with the use of the website;
   • the automatic reading, blocking, overwriting, modifying, copying of data and/or other content, unless this is required for the proper use of the website.
5. It is also prohibited to infringe personal rights and therefore unacceptable to remove the anonymity of other users or disclose information about other users that is not intended for the public. Users may not include or otherwise disclose information in their posts that could reveal the identity of another user.
6. If disruptions occur during the use of the portal or its functionalities, the user must immediately inform the operator of the disruption. The same applies if the user obtains information about content published by third parties that evidently violates applicable law or third‑party rights.

1. The user grants the operator a spatially and temporally unlimited, irrevocable, third‑party transferable, non‑exclusive, free‑of‑charge right to exploit the uploaded content within the online offering. The operator may at any time use, edit, and exploit the content. This includes, in particular, the rights of duplication, distribution, and public performance, especially the right to make the content publicly accessible. The user waives the right to claim authorship. This provision does not affect the user’s ability to grant third‑party rights to the uploaded content under certain licensing models.
2. All rights to the content of the platform belong to the operator.

1. Unlimited liability: The operator is liable without limit for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, the operator is liable for damages arising from injury to life, body, and health of persons.
2. Otherwise, the following limited liability applies: For slight negligence, the operator is liable only in the event of a breach of a material contractual obligation, whose performance makes the proper execution of the contract possible and upon whose compliance users can regularly rely (a cardinal duty). The liability for slight negligence is limited in amount to the damages that were foreseeable at the time of the contract conclusion and that are typically expected to arise. This limitation of liability also applies in favor of the operator’s agents.
3. The contributions and opinions posted by participants on the Kultur in Ulm website do not reflect the views of the Culture Department of the City of Ulm. The Culture Department of the City of Ulm provides no warranty for the accuracy of the information provided and is not liable for the content posted by participants.
4. The use of the Kultur in Ulm website is voluntary and at one’s own risk. The Culture Department of the City of Ulm assumes no liability for damages that, for example, arise from data loss, accidental deletion, or display and data errors. The Culture Department of the City of Ulm assumes no liability for lost data of participants or the participant.

The user releases the operator and its employees or agents from any claim arising from alleged or actual infringement of law and/or violation of third‑party rights by actions taken by the user in connection with the use of the portal. The user also undertakes to reimburse all costs incurred by the operator due to third‑party claims. Reimbursable costs include the costs of reasonable legal defense.

(1) The user hereby consents to the storage of the personal data entered by them. This also applies to the storage of IP addresses, which are transmitted every time the portal is used. The user also consents specifically to the display of the personal data entered by them in their profile representation within the portal for other users of the portal and for third parties who are not users of the website.

(2) The use of the platform makes the collection, processing, and use of personal data by the operator unavoidable. The operator guarantees to treat all stored data with care and to process it exclusively within the framework of the data‑protection consents of the user. Any further use of personal data by the operator will only occur if it is legally permissible or if the user has previously consented. Further details on the data‑protection policies can be found in the privacy statement.

(3) The user further agrees that the operator may use the user’s personal data for direct marketing purposes, to inform about functionalities of the website or activities related to the brand “kultur in ulm.” This includes the advertising contact of the user by e‑mail and by post.

1. The contract is for an indefinite period and may be terminated by either party at any time without notice or grounds. The user may terminate the contract by deleting their user account.
2. Additionally, the parties retain the right to terminate the contractual relationship by extraordinary termination for good cause, unchanged.
3. The operator has a good cause to terminate this contract if the customer substantially breaches their obligations under paragraph 4 or paragraph 5 of this contract.

1. German law exclusively applies to the present contract.
2. If provisions of these terms of use are ineffective, a valid condition corresponding to the purpose and intent will replace them. The validity of the remaining provisions remains unaffected by the invalidity of individual provisions.
3. Jurisdiction for all disputes concerning the use of the website Kultur in Ulm is Ulm.