General Terms and Conditions of Business and Use (hereinafter: GTC)

§ 1 – General

1. kulturgehtweiter GmbH, Franklinstraße 46, 40479 Düsseldorf (hereinafter: “we” or “kulturgehtweiter GmbH”), operates the online platform Kultur geht weiter (hereinafter: the platform) at https://www.kulturgehtweiter.de/.
2. Use of the platform is governed by these GTC, unless otherwise contractually agreed in individual cases.
3. Divergent terms and conditions of the user (hereinafter: the user or the party) are expressly rejected.
4. The platform offers its users the opportunity to publish their respective events via a digital event calendar.
5. kulturgehtweiter GmbH does not offer any events itself. Event data, images and videos entered by users are not checked by kulturgehtweiter GmbH with regard to their accuracy, completeness, or infringement of copyrights and other third-party rights.

§ 2 – Registration / Conclusion of User Agreement

1. Basic registration as a user is free of charge.
2. Registration consists of signing up by opening a user account with acceptance of these GTC and activation by kulturgehtweiter GmbH. There is no entitlement to registration and activation. kulturgehtweiter GmbH reserves the right to refuse registration without stating reasons.
3. Use of the platform requires permanent registration by the user and—in the case of natural persons—full legal capacity. To submit a registration request, the user enters the required data into the online form of the registration process.
4. By completing the registration process, the user makes a binding offer to conclude a contract for the use of the platform’s services based on the GTC in their current version.
5. If the user’s data has been successfully transmitted as part of registration, kulturgehtweiter GmbH will promptly send a confirmation of complete receipt of the data by email. This confirmation of receipt does not yet constitute binding acceptance of the registration request.
6. Upon activation, a contract is concluded between kulturgehtweiter GmbH and the user for the use of the platform (user agreement).
7. If the user is registered, they may not create another account (exclusion of “double membership”).

§ 3 – Subject Matter and Scope of Services by kulturgehtweiter GmbH

1. kulturgehtweiter GmbH provides the technical requirements for using the platform in accordance with these GTC. Use of the platform and the extent to which individual functions and services can be used may be made subject by kulturgehtweiter GmbH to certain prerequisites, such as the mandatory status as a business user or verification of registration data.
2. kulturgehtweiter GmbH provides all registered users with an account that can be accessed via the internet.
3. kulturgehtweiter GmbH is entitled to have services provided by third parties.
4. kulturgehtweiter GmbH is entitled to carry out updates and expansions of the range of services at any time on its own, insofar as this is reasonable for users.
5. kulturgehtweiter GmbH is also entitled to restrict or discontinue operation of the platform in whole or in part at any time. The user’s claim to use the platform and its functions exists only within the scope of the technology used by kulturgehtweiter GmbH.
6. kulturgehtweiter GmbH temporarily restricts services or operation of the platform if this is necessary in view of capacity limits, the security or integrity of the servers, or to carry out technical measures, and if this serves the proper or improved provision of services or the operation of the trading platform (interruption).
7. kulturgehtweiter GmbH assumes no warranty for the accuracy and completeness of information provided by users on the platform. kulturgehtweiter GmbH reserves the right to amend a (house) policy on the platform.

§ 4a – Ticket Sales, Payment Processing and Refunds

1. Sale of tickets via the platform: The organizer commissions the platform kulturgehtweiter.de to distribute tickets for its events in its own name and for its own account. The platform provides the technical system, processes payments via a payment service provider (e.g., PayPal), and charges a service fee of 14% of the ticket price as well as a system flat fee of €1.00 per ticket sold.
2. Payout to the organizer: The revenues from ticket sales, less the service fee and system flat fee, will be paid to the organizer in aggregate after the end of the event, provided the event took place as planned and no reversals are necessary.
3. Cancellation or failure of the event: In the event of cancellation or failure of the event, the organizer is obliged to arrange full refunds of the ticket prices paid by end customers—including the fees already retained by the platform (service fee + system flat fee). In such cases, the platform will handle the repayment to buyers; however, the organizer must bear the full refund amount.
4. Organizer’s repayment obligation: The platform reserves the right to reclaim from the organizer all amounts already paid out or to offset them against future payouts if refunds to buyers are required. Upon request, the organizer is obliged to immediately provide the funds required for the reversal.
5. Liability and communication with ticket buyers: Responsibility for holding the event and for any inquiries or claims by ticket buyers lies exclusively with the organizer. The platform is not the organizer in the legal sense and is not liable for cancellation, changes, or other defects of the event.

§ 4 – Copyrights Regarding User-Generated Content on the Platform / Indemnification from Third-Party Claims

1. If the user enters content into the platform via their account in which they hold copyrights, related rights or usage rights, the user grants kulturgehtweiter GmbH free, simple rights for the duration of use of the platform that are necessary for performance and fulfillment of the contractual purpose. These rights include, in particular, rights to use, reproduce, modify, edit, publish, translate, create derivative works, distribute and reproduce, and make the content publicly available worldwide on the internet.
2. The user guarantees that the content provided to kulturgehtweiter GmbH via the platform does not infringe third-party rights. The user indemnifies kulturgehtweiter GmbH from any claims asserted against kulturgehtweiter GmbH by third parties due to content provided by the user. The user shall reimburse kulturgehtweiter GmbH for all expenses and any damage incurred by kulturgehtweiter GmbH on such grounds, in particular all costs of legal prosecution and defense.
3. Insofar as the user leaves content (e.g., videos, photos, comment texts) on the platform despite termination, they grant kulturgehtweiter GmbH a free, perpetual, simple right to use, reproduce, modify, edit, publish, translate, create derivative works, distribute and reproduce, and make such content publicly available worldwide on the internet.

§ 5 – System Integrity and Disruption of the Platform

1. The user is not entitled to use mechanisms, software or other scripts in connection with the use of the platform that could affect the function of the platform.
2. The user may not take any measures that could result in an unreasonable or excessive burden on the platform’s infrastructure. The user is not permitted to block, overwrite or modify content generated by kulturgehtweiter GmbH or otherwise interfere disruptively with the platform.

§ 6 – Rules of Conduct for Using the Platform

1. kulturgehtweiter GmbH aims to meet high standards of integrity, reliability and credibility. To ensure proper operation, the following duties of conduct apply to all users of the platform. Non-compliance may result in disadvantages for the user—in particular termination and assertion of claims for damages by kulturgehtweiter GmbH.
2. The user is obliged to:
   1. provide complete and truthful information for required registrations and other queries necessary to achieve the contractual purpose and, where legally required (e.g., imprint, GTC, etc.), to provide such information to the legally required extent;
   2. promptly correct any data that changes subsequently using the designated administration function;
   3. ensure that the username and associated password are not made accessible to third parties;
   4. prevent any use of the platform by third parties under their own account;
   5. refrain from using automatic preset functions for the password;
   6. inform kulturgehtweiter GmbH immediately if there is misuse of the password and/or account or if there are indications of imminent misuse.
3. The user must not act abusively, immorally, or in violation of applicable laws and third-party rights. This includes in particular the following obligations:
   1. The user ensures that the data they upload does not violate statutory provisions on the protection of minors, general personality rights or rights to one’s own image, as well as protective rights such as trademark, trade name, and copyright. Before entering text and uploading files, the user must therefore check whether they hold the necessary rights (e.g., to a text or image). For photographs and videos, they must also check whether the necessary consent has been obtained from the depicted persons.
   2. The user refrains from uploading data with immoral, discriminatory, racist, politically extremist or religiously offensive content.
   3. The user complies with statutory data protection and data security requirements.
   4. In particular when evaluating third parties, the user maintains objectivity and accuracy. Promotional statements regarding competing products are also prohibited.
4. The user is prohibited from using addresses, contact data and email addresses obtained through use of the platform for purposes other than contractual and pre-contractual communication.
5. If the user violates any rule of conduct, kulturgehtweiter GmbH is entitled, at its discretion, to temporarily block and/or delete affected content with immediate effect and/or temporarily or permanently exclude the user from the platform and/or terminate without notice. The same applies if kulturgehtweiter GmbH is notified by third parties that the user has violated the above obligations, provided the third party’s claim is not obviously incorrect. When choosing a response in the case of third-party reports, kulturgehtweiter GmbH observes the principles of proportionality.

§ 7 – Term of Contract and Termination

1. The user agreement is concluded for an indefinite period. It may be terminated by either party with one month’s notice to the end of the calendar month.
2. The right to extraordinary termination for good cause remains unaffected. Such a right exists for kulturgehtweiter GmbH, for example, if the user provided incorrect information during registration, violates duties of conduct, or there is a substantiated complaint by another user, e.g., due to non-compliance with contracts.
3. In the event of termination by kulturgehtweiter GmbH, the user is prohibited from registering again. This also applies to registrations under another name and/or company.

§ 8 – Scope and Limitation of Liability of kulturgehtweiter GmbH

1. Liability of kulturgehtweiter GmbH for all claims for damages and liability cases, regardless of their legal basis, is excluded, except for claims arising from injury to life, body and health, for deceit or warranty, for intentional or grossly negligent conduct by the service provider or its legal representatives, or under the Product Liability Act. For these exceptions, the statutory provisions apply.
2. kulturgehtweiter GmbH is furthermore liable in principle for simple negligent breaches of material contractual obligations caused by kulturgehtweiter GmbH, its representatives, senior executives, and simple vicarious agents—i.e., obligations whose fulfillment the user regularly relies on and may rely on for proper performance of the contract—but in such cases only up to the typically foreseeable damage. Any further liability of kulturgehtweiter GmbH is excluded.
3. Where the liability of kulturgehtweiter GmbH is excluded or limited, this shall also apply in favor of the personal liability of its legal representatives, senior executives and simple vicarious agents.

§ 9 – Amendments to the GTC by kulturgehtweiter GmbH

1. kulturgehtweiter GmbH reserves the right to amend these GTC at any time, with effect also within existing contractual relationships. kulturgehtweiter GmbH will notify the user of such amendments in text form at least 30 calendar days before the planned effective date. If the user does not object within 30 days of receipt of the notice and continues to use the services after the objection period expires, the amendments shall be deemed agreed upon after the period expires.
2. In the event of an objection, the contract will continue under the previous conditions, but may be terminated by either party at any time without notice.
3. Deviations from these GTC require text form; the same applies to waiving the text form requirement.

§ 10 – Applicable Law, Place of Performance, Place of Jurisdiction

1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2. The place of performance for obligations arising from the contract between the user and kulturgehtweiter GmbH and these GTC is the registered office of kulturgehtweiter GmbH: Düsseldorf.
3. The exclusive place of jurisdiction for all disputes arising from the user agreement between the user and kulturgehtweiter GmbH together with these GTC—where contracts are concluded with merchants, legal entities under public law or special funds under public law—is the registered office of kulturgehtweiter GmbH: Düsseldorf.

§ 11 – Dispute Resolution

1. kulturgehtweiter GmbH is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
2. Online Dispute Resolution (Art. 14(1) ODR Regulation): The European Commission provides a platform for online dispute resolution between businesses and consumers at https://ec.europa.eu/consumers. Our email address is listed in the imprint.

§ 12 – Miscellaneous

Should individual provisions of these GTC be wholly or partially void or ineffective, the validity of the remaining provisions shall not be affected. Statutory law shall take the place of provisions not included or ineffective. If such statutory law is not available in the specific case (regulatory gap) or would lead to an unacceptable result, the parties shall enter into negotiations to agree on an effective provision in place of the provision not included or ineffective that comes as close as possible to its economic intent.