General Terms and Conditions for Users („GTC“)

1. General

   1. About Eventfeed

      Eventfeed is a global event guide and facilitator platform for cultural live and online events and entertainment of all kinds, especially in the areas of art & exhibitions, music, parties, theater & shows (hereinafter collectively "Events"). Our platform offers artists and promoters the opportunity to reach both a local and a global audience for their events via live and online events. It is our mission to enable our users to take part in events from all over the world from home and to turn their living room into a cultural hotspot. Of course, we also support local artists and participation in live events.

   2. Scope of Application

      These GTC apply to all services, products, functions and offers from Eventfeed, Wartburgstrasse 47, 10823 Berlin, Germany (hereinafter "Eventfeed" or "we" / "us"), which are available online via the Eventfeed website ("Website") the mobile Eventfeed Progressive Web App ("PWA") or made available in some other way by publishing these terms and conditions (hereinafter collectively the "Eventfeed Objects" or "Services").

      The GTC regulate access to and use of the Eventfeed Services and set out your rights and obligations when using the Services. Before using our Services, you must agree to these GTC. If you refuse your consent, you will not be able to use the Services to their full extent. The GTC apply as long as you access the Services in any way.

   3. Use by minors

      In order to use the Services, you must have reached the legal age of majority in your country. Children aged 13 and over may only use the Services under the supervision of a parent or legal guardian who monitors their use. Children under the age of 13 are not allowed to use the Services.

   4. Users, Consumers, Promoters

      When the term "Promoter" is used in these GTC, it refers to all persons who use the Eventfeed Services to create events, regardless of whether regularly via a Promoter Profile or once via an Event submit form. To Promoters, our Promoter GTC apply additionally.

      When the term "Consumer" is used in these GTC, it refers to all persons who use the Eventfeed Services as private individuals to obtain information about Events or to take part in them.

      When the term "User" is used in these GTC, it refers to all persons who use our Services as Promoters, Consumers or for any other reason.

   5. Eventfeed‘s Role

      Eventfeed is neither the creator, organizer nor owner of the Events that are displayed in the Eventfeed Objects. Eventfeed provides an information platform that Users can use to advertise Events and find out about other people's Events. Any contracts for participation in Events are concluded and processed exclusively and directly between the Promoters and Consumers via the channels made available by the Promoters. The Promoters are solely responsible for the booking, processing of payments and the performance of their Events and are alone responsible for ensuring that their Events and all information and content that they publish on the Eventfeed Objects for the presentation of their Events are truthful and in accordance with the applicable law.

2. Data Protection and Consumer Information

   1. We understand the importance of your personal information and our responsibility in relation to that information. The handling of personal data by Eventfeed is regulated in our Data Privacy Policy.
   2. Please note that for privacy reasons, children under the age of sixteen are not allowed to provide personal information on Eventfeed.

3. Your Eventfeed Account

   An account is required to access certain functions of the Services. This includes in particular the User Account and the Promoter Account. Our Promoter GTC apply additionally to the creation of a Promoter Account.

   To create an account, you must have reached the legal age of majority in your country. Minors may only open an account with the consent and supervision of their legal guardians who manage your account.

   You undertake to provide truthful, accurate, up-to-date and complete information ("Registration Data") about yourself or the legal entity in whose name you use the Services. You also undertake to keep the Registration Data up to date.

   If you use the Services on behalf of a company (e.g. on behalf of your employer), you agree to the GTC on behalf of this company and ensure that you are authorized to represent it when using the Services.

   You are solely responsible for all actions relating to your account and must maintain the confidentiality of your password and login information. If you give other people access to your account, you remain responsible for their actions and for ensuring that they comply with all rules that apply to your account and the use of the Services.

   In the event of unauthorized use of your password or account or in the event of any other suspicion of a security breach, you are obliged to notify Eventfeed immediately by email to [email protected].

4. Deletion and Blocking of the Eventfeed Account

   1. You may delete your User Account by yourself at any time in your User Profile within your User Account.
   2. Eventfeed can revoke your right to use the Services at any time at its own discretion and temporarily block or permanently delete your account if or for as long as (a) you violate these GTC or any other Eventfeed terms and conditions, (b) you misuse or use the Services in any way which is not intended or permitted by Eventfeed, or (c) your use violates applicable law, infringes the rights of third parties, or would expose Eventfeed to liability if Eventfeed continued to allow you access to the Services.
      
      Before permanently deleting your account, Eventfeed will give you the opportunity to comment, if possible and reasonable. If your account is permanently deleted, you will not be allowed to open another Eventfeed account.

5. Consequences of deleting the Eventfeed Account

   Once deleted, you no longer have access to the data, information and content contained in your account, and Eventfeed is entitled to delete them, provided that there are no legal retention requirements. After deleting your account, Eventfeed is obliged to delete the data, information and content contained in your account as soon as Eventfeed no longer has the right to store or process them.

6. Availability and Changes to the Services

   1. Eventfeed is constantly developing its Objects and services to better meet the needs of Users. Therefore, we cannot guarantee the availability of certain Object functions under all circumstances. Eventfeed can discontinue or interrupt the provision of the Services in whole or in part at any time or change or replace parts of the Services, provided that and as long as this does not conflict with separate contractual obligations on our part with Users. We will make reasonable efforts to inform you in advance in such a case if you would otherwise be significantly impaired in the exercise of your rights. Further information on this can also be found under Section 12.
   2. Eventfeed makes efforts in an economically reasonable framework to provide the Services without interruption and error. However, due to the nature of the internet, this is not always possible. In particular, disruptions to third parties that cannot be allocated to Eventfeed, such as hosting, telecommunications and electricity providers, can lead to interruptions, failures and errors in the services.
   3. Eventfeed is also entitled to disconnect the Services in whole or in part from the network for the purpose of repairs or maintenance work. Due to the worldwide availability of the Services in different time zones, it is not possible to schedule repairs or maintenance work during certain marginal times with low utilization. Eventfeed makes economically reasonable efforts to inform you about repairs and maintenance as far as possible in advance.

7. Ihre Inhalte Your Content

   1. User Content, Personal Data

      Content originating from the Users, including data, texts, editorial content, design elements, look & feel, formatting, graphics, images, logos, photographs, videos, music, sound and other information that the User share, publish or making available within the Services inside or outside of an account, and that thus are embedded in the Services or otherwise made available by Eventfeed via or in relation to the Services, are referred to herein as "User Content".

      User Content that contains confidential personal data is processed in accordance with the applicable data protection law. To them the special provisions of our Data Privacy Policy apply additionally.

   2. Responsibility for User Content, Reports

      The Users are responsible for their User Content. In particular, Eventfeed has no control over the truthfulness, accuracy, timeliness or legality of the User Content. Eventfeed has no obligation to check User Content without reliable suspicion. If, in individual cases, the User Content is checked by Eventfeed before publication, this check only relates to obvious errors and incompleteness. However, it is not possible and reasonable for Eventfeed to carry out a content-related or legal check. Eventfeed therefore has no influence on and assumes no liability for User Content or actions or omissions by Users.

      Nonetheless, Eventfeed urges Users to report any suspicion of illegal activities, infringement of third party rights or other misconduct in connection with the services by contacting Eventfeed at [email protected]. In justified cases, Eventfeed will then take the legally required measures at its own discretion. Further information on this can also be found under Section 8.4.

   3. Eventfeed’s Usage Rights to your User Content

      You hereby grant Eventfeed a non-exclusive, worldwide, royalty-free, transferable and sub-licensable right to use, reproduce, transmit, adapt, edit, perform, represent, distribute, translate, publish, make accessible on demand and create derivative works your User Content in whole or in part for the duration of your account in all media for the purpose of operating the Services, waiving your moral rights with regard to the naming of the name submitted with your User Content. By granting the rights above, any rights on your part with regard to the use and exploitation of your content outside of the Services are not limited.

      Eventfeed points out that, in particular, the technical processing and transmission of the Services and the adaptation to other technical requirements may make it necessary to change the presentation of your User Content in accordance with the Eventfeed website or PWA design.

      For the use of personal data, the special provisions of our Data Privacy Policy apply additionally.

   4. Feedback

      We welcome and encourage feedback, comments and suggestions for improvement in relation to the Services ("Feedback"). Eventfeed is entitled to use and publish the ideas and materials contained in your Feedback for any purpose and without any claim to consideration or compensation.

8. Prohibited Use of the Services

   With the Eventfeed Services, we would like to give you the opportunity to publish content on the Eventfeed Objects and to promote Events that are related to culture and entertainment of all kinds, in particular in the areas of art & exhibitions, music, parties, theater & shows. You may not use Eventfeed to publish content or advertise Events that conflict with the aforementioned purpose of Eventfeed or that violate applicable law, the rights of third parties or these GTC. In the following you will find further non-exhaustive examples of content, events and activities that are not allowed on the Eventfeed Objects.

   1. Prohibited Content

      The following content, or content that promotes or supports such activities or results, may not be published on Eventfeed:

      • Content purporting to be from another person or entity, including government officials or public figures, that simulates or misrepresents your affiliation with any person or entity
      • Content in which it is alleged or implied that Eventfeed endorses a statement on your part without you having received a corresponding written confirmation from us
      • Offensive, virulent or violent content
      • Content that incites hatred, violence or harassment against others and / or yourself or supports such behavior
      • Content that discriminates against people based on their cultural or ethnic origin, religion, disability, gender, age, nationality, veteran status or the sexual orientation or gender identity of a person or group of people
      • Content that defames other people or damages their reputation
      • Content that violates a person's intimate or private sphere or contains a picture of a person without proper authorization
      • Content designed to threaten or intimidate other people
      • Content that contains potentially harmful misinformation or deliberately misleading disinformation ("fake news")
      • Fraudulent, misleading, or illegal content
      • Content that violates the copyrights, trademark rights, trade secrets or other proprietary rights of third parties
      • Content that you are not entitled to transmit due to laws or contractual or fiduciary relationships (e.g. insider information, trade secrets)
      • Content that primarily serves to shock the viewer or that represents a security risk for other Users or is inappropriate

   2. Prohibited Events

      Events that represent or market the following activities may not be created or advertised on Eventfeed:

      • Unambigously sexual acts (including escort agency services) or pornography
      • Adult content
      • Illegal gambling activities
      • Distributing or using illegal drugs, other illegal substances, or nutraceuticals
      • Activities that primarily serve the marketing of another product or service (e.g. "infomercials"), unless the advertising is adequately identified as such in accordance with the applicable laws (e.g. by a clearly visible advertising notice)
      • Multi-level marketing transactions
      • Activities in which social groups are degraded, molested, discriminated against, intimidated or threatened in any other way because of their cultural affiliation, ethnic origin, religion, nationality, gender identity, sexual orientation, disability, age or in which hatred is expressed towards these groups
      • Offering or unauthorized use of (i) firearms, firearm parts or equipment, and ammunition, or (ii) weapons and other tools designed to cause bodily harm
      • Terrorist activity or organized crime
      • Prohibited raffles, competitions and freebies
      • Promoting the sale or resale of goods or services that are unrelated to an event on Eventfeed

   3. Prohibited Activities

      To maintain the security and integrity of the Eventfeed Services, the following activities or the support of third parties in the following activities are prohibited:

      • To copy, change, reproduce, translate, localize, port or otherwise create works derived from the Services in whole or in part
      • Reverse-engineer, disassemble, decompile the Services or undertake other attempts to determine the source code or the structure, sequence and organization of the Services in whole or in part
      • To investigate or reverse engineer the services for the purpose of determining the underlying source or program code, to disassemble and decompile the services, to translate the object code back into source code, or to undertake other attempts to determine the source code or the structure, sequence and organization of the Services in whole or in part, unless this is for the purpose of interoperability with an independently created computer program
      • To reproduce, duplicate, copy, sell, resell, rent, lease, distribute or use the Services in whole or in part for commercial purposes or in any unauthorized or improper manner
      • To remove or change references to copyrights, trademarks or other proprietary rights notices within the Services and from User Content
      • Implement measures that impair or interrupt the Services
      • To disrupt or interrupt the operation of the Services or the servers or networks used to provide the Services
      • To use the Services to publish, transmit or release viruses, worms, Trojans, time bombs, spyware, rootkits, cancelbots or other computer code, files or programs that are harmful or whose aim is to operate any hardware, software or device damage or take over or monitor the use of the same
      • to access the Services via bots, web crawlers or web scraping or other extraction methods or to program IT functions for this
      • Attempting to gain access to the Services, any other accounts, computer systems, or networks connected to the Services, through password mining or otherwise

   4. Reporting of inappropriate User Content

      If you come across any content that violates these GTC, please contact us immediately by email at [email protected]. We will check your report and take appropriate action depending on the type of report. Please understand that we are promoting a diverse, global community; not all content that you consider offensive or controversial necessarily violates our GTC, so we do not take corresponding countermeasures in every case.

   5. Consequences of Prohibited Use

      If we decide that content violates our GTC, we can, at our sole discretion, reject the publication of the corresponding User Content or remove published User Content or block or delete the associated account, or take alternative measures that we consider appropriate in light of the circumstances. Eventfeed reserves the right to restrict the distribution of certain User Content even if it does not violate our GTC, but Eventfeed is of the opinion for another legitimate reason that User Content should not be published on the Eventfeed Objects or that it is unsuitable for the majority of our Users.

      If we believe there is a reasonable suspicion of a crime or an imminent threat to public safety, we will also work with the police and law enforcement agencies as necessary.

9. Participation in and booking of events

   Eventfeed is not involved in booking of and participating in Events. The Promoters or organizers of the Events are solely responsible for the implementation of the Events and the sale of tickets. In particular, Eventfeed has no control over the content, quality and safety of advertised Events, nor over the ability of Users to offer and conduct Events, and does not accept any liability in respect thereof.

10. Limitation of Liability

    In the case of intent or gross negligence, Eventfeed is liable according to the statutory law. In the event of simple negligence, Eventfeed is only liable in accordance with the statutory provisions

    1. for damage resulting from injury to life, body or health,
    2. for damages resulting from the not insignificant breach of an essential contractual obligation (i.e. an obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the User regularly trusts and may rely); in this case Eventfeed's liability is limited to the compensation of the foreseeable, typically occurring damage.

    The limitations of liability do not apply if Eventfeed has fraudulently concealed a defect or if Eventfeed has assumed a guarantee for the quality of the Services. Liability under the Product Liability Act remains unaffected.

    The limitations of liability also apply to breaches of duty by or in favor of Eventfeed’s representatives and vicarious agents.

    Unless expressly stipulated otherwise above, Eventfeed's liability is excluded.

11. Notifications

    Messages to you can be sent by email or post to your address provided to Eventfeed. Notices of changes to these User GTC or other information can also be displayed in the Services by means of messages or links to these messages that are generally visible to you. If you want to contact Eventfeed or send a message, please send it to Eventfeed (Wartburgstr. 47, 10823 Berlin; [email protected] ).

12. Changes to the GTC

    Eventfeed reserves the right to change these User GTC at any time, insofar as this is necessary due to a changed legal situation or supreme court case law, technical changes or further developments, new organizational requirements of mass traffic, further developments of the business model, loopholes in the User GTC, changes in market conditions or other reasons and provide that the changes do not disadvantage the User unreasonably. Eventfeed will notify registered Users of significant changes to the User GTC at least four weeks before they come into effect by email or via the Eventfeed account. Changes that only affect new functions on the Services or are not associated with any additional obligations or burdens on the User take effect immediately. The changes are considered approved if the User does not object to the changes within four weeks after Eventfeed’s notification. In the event of a change in the User GTC, Eventfeed will specifically point out the possibility of objection and the importance of the deadline. If the User makes use of his right of objection, Eventfeed has the right to terminate all contracts with the User and accounts of the User with effect from the point in time at which the changed User GTC are to come into force. Eventfeed will also point this out to Users separately.

13. Assignment

    We may assign these User GTC, the contracts with our Users and our resulting rights and obligations to our Users to another legal person, in particular to an affiliated company, or in connection with a corporate transaction or otherwise.

14. Applicable Law and Jurisdiction

    The law of the Federal Republic of Germany shall apply. If the User acts as a consumer and has his habitual residence in a country other than Germany at the time of his request, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.

    If the User is a merchant, the exclusive place of jurisdiction is the seat of Eventfeed (Berlin). This also applies to the User who is not a merchant in the event that the User does not have a general place of jurisdiction in Germany, moves his domicile or usual place of residence outside of Germany after the conclusion of the contract or the domicile or usual place of residence of the User is not known at the time of a lawsuit. Apart from that, the place of local and international jurisdiction shall be governed by applicable statutory provisions.

15. Miscellaneous

    Should we fail to assert any of the provisions mentioned herein, this shall not be construed as a waiver of our basic right to assert such or any other provision of these User GTC. The headings of the individual sections are for better orientation and have no legal or contractual effect.

    The EU Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/consumers/odr.

    We are neither willing nor obliged to participate in dispute settlement proceedings before a consumer arbitration board.