Upload conditions for othernetwork.io
Scope
(1) The following conditions apply to users who upload information about individuals/collectives or art spaces and projects as well as upcoming events and related pictures on the website othernetwork.io (hereinafter platform). The upload of information and the use of the platform is free of charge.
(2) By acknowledging and accepting this policy, users agree to the following upload terms and conditions.
Duties of uploaders/users
(1) The user assures that he is authorized to upload the data and the pictures and has obtained all necessary declarations of consent, also from third parties who can be seen on the pictures. By uploading the data, no rights of third parties or laws, nor official orders are violated. In particular, it is assured that the user is entitled to publish images of any artwork on the platform and that there are no violations of the UrhG or the KunstUrhG. The User has obtained these declarations of consent and can present them upon request. The user is obliged to inform the platform if they learn of any infringement of third-party rights.
(2) Authorized to upload are users who are allowed to distribute data and pictures of the individuals/collectives, art spaces and projects and are directly related to them or have a declaration of consent. For the confirmation of the identity an e-mail verification takes place. For this purpose, the uploaded e-mail address must be confirmed by the user. The activation will then take place after successful verification.
(3) Furthermore, the user assures that the uploaded content does not contain any content that glorifies violence, is racist or antisemitic, discriminatory, pornographic, insulting, queerphobic or in any other way inappropriate or illegal.
(4) By their consent, the user guarantees that no data and pictures will be uploaded that violate the rights of third parties.
Consent and right of use
(1) The user agrees to the publication of the personal data provided by him/her (name of the individual or contact person, as well as personal contact details and e-mail addresses). She/He also agrees that these may be made publicly available.
(2) The User transfers to the Platform the non-exclusive right of use to the content made available and to the associated pictures relating to the individual/collective, project, art space or event pursuant to Section 31 (2) UrhG for the purpose of making it publicly available on international data networks pursuant to Section 19 a UrhG. The right is granted to the platform permanently and without any restrictions in terms of space and time.
(3) The User transfers to the Platform the permanent right to electrical storage and long-term archiving.
(4) The user grants the platform the right to make editorial changes to the uploaded data. However, the content is not checked. The platform expressly does not adopt the content of the users as its own.
(5) Existing copyrights, rights of exploitation and rights of use of the users remain unaffected.
(6) The user is entitled to have the entered data deleted at any time. To do so, please send an e-mail to info@othernetwork.io. The deletion will take place immediately and will be confirmed by e-mail.
(7) The foregoing transfer of rights shall be effected by the submission of the declaration of consent.
Limitation of liability
(1) The platform assumes no liability for the data and pictures uploaded by third parties on the platform and the resulting content. The platform is not obliged to check the uploaded data.
(2) The user indemnifies the platform against all claims of third parties, which they assert against the platform on the basis of their rights (in particular copyrights, exploitation rights and rights of use) and the costs incurred for this and assigns his own rights against third parties upon request. Furthermore, the user assures that he will not assert any claims for damages of his own in this context, e.g. due to the deletion of the content.
(3) If the content of the upload should contain the contents of § 2 para. 3 and thereby possible legal violations arise, the posted contents can be deleted immediately.
Reservation of right of modification
We have the right to change the Terms of Use at any time. The user will be informed about these changes by e-mail. The change of the terms of use will be published on the website in a recognizable way.
Place of Jurisdiction, Legal Venue
(1) The upload conditions are subject to German law.
The place of jurisdiction for all disputes in connection with the upload terms and conditions is Stuttgart, Germany, to the extent permitted by law.
Severability clause
If individual provisions of these upload terms and conditions are invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The whole or partial unenforceable or invalid provisions shall be replaced by provisions that come as close as possible to the intentions of the user and the platform.