1. Scope and subject of contract
The Goethe-Institut is not the organiser of the events advertised on the platform. The Goethe-Institut is also not the organiser or recipient of the calls for support. Only separate agreements to be concluded between the recipient or organiser of the call and supporters apply to the calls for support.
2. Conclusion of contract
The usage relationship is established as soon as the Goethe-Institut publishes an event proposed by an organiser on the platform.
In connection with a donation that can be called up via the platform, contractual relationships are only established between the organisers and/or recipients or organisers of the calls for support and the supporters.
3. Entry of events
In order to post an event on the platform as an organiser, the following information must be provided to the Goethe-Institut using the entry form:
The organiser is solely responsible for the correctness and legality of the information and details about an event. The Goethe-Institut will not check the information for plausibility or legality.
If a link to financial support for the event, the artist, or an institution is to be included in the event description, the organiser alone is responsible for complying with the legal requirements, in particular from Article 312j of the German Civil Code. The organiser commits to the Goethe-Institut that the financial support is used exclusively for the stated purposes.
The Kulturama / Kulturama.digital platform focuses on live-streamed cultural events from a wide range of genres, such as visual arts, literature, music, dance, theatre, film, photography, cabaret, handicrafts, and architecture. On-demand content from the same genres can also be entered at secondary priority. At present, the following categories exist: performance, concert, reading, lecture, play, discussion, comedy, cabaret, poetry slam, dance, guided tour, film, DJ set, other, and children’s programme.
4. Rights and obligations of the Goethe-Institut
The Goethe-Institut will endeavour to ensure that the platform runs without disruptions. Naturally, this is limited to services over which the Goethe-Institut has an influence.
The Goethe-Institut is free to restrict access to the platform in whole or in part, temporarily or permanently, due to maintenance work, capacity issues, and other events that are not within the Goethe-Institut’s sphere of control.
The organisers have no right to the maintenance of individual functions of the platform or the platform as a whole.
The Goethe-Institut is not obligated to publish the events or content proposed by an organiser. The Goethe-Institut can refuse, remove, or edit the publication of events and individual contents (in whole or in part) without citing reasons. This also and in particular applies if complaints from participants or third parties are received in connection with an event or an organiser.
The Goethe-Institut is free to publish the content elsewhere inside or outside the platform than was intended by organisers. The Goethe-Institut can but is not obligated to inform organisers of a rejection or other publication. In addition, the Goethe-Institut is entitled to block access to individual content at any time, e.g. if there is a suspicion that these violate applicable law or the rights of third parties.
When the Goethe-Institut lists the event, the organiser will receive a link that can be used to later edit or remove the information about an event.
5. Obligations of the organiser and code of conduct
The organisers must refrain from any activity that is likely to impair the operation of the platform or the underlying technical infrastructure and/or to put excessive strain on it. These include in particular:
If there are disruptions in the use of the platform or its functionalities, or if the organiser receives knowledge or a reasonable suspicion of irregularities, misleading event announcements, or attempts to defraud on the platform, the organiser will notify the Goethe-Institut immediately.
By publishing content on the platform, the organiser is deemed to warrant that he/she is the proprietor of all rights required for this purpose. The organiser undertakes that he/she shall not publish any postings on the platform that violate public morals or applicable law. The organiser particularly hereby undertakes that he/she shall not publish any postings
In addition, organisers shall at all times adhere to general rules of propriety and treat one another with mutual respect, and may not use the service to threaten, harass, injure in some other way, deceive, or harm other users or third parties’ reputations or businesses.
6. Sanctions for violations; Exclusion from the platform
In the event of a violation or where sufficient suspicions of a violation of the obligations referenced in section 5 above exist, Goethe-Institut may, in its own discretion, impose the following sanctions on organisers:
The organiser shall indemnify the Goethe-Institut and hold it harmless against all third party claims asserted by such third parties based on culpable breaches by the organiser of the duties referenced in section 5 above. The organiser undertakes that he/she shall support the Goethe-Institut in good faith by providing information and documents to assist in defending against any such claims. The organiser shall also bear the costs of Goethe-Institut’s necessary legal defence. The Goethe-Institut’s further rights and claims for compensatory damages shall remain unaffected by the foregoing.
7. Granting of usage rights
Copyright with respect to posts, to the extent they are capable of copyright protection, remains vested in the respective organiser. By posting to goethe.de, however, the organiser grants the Goethe-Institut the right to
The organisers have no entitlement to deletion or correction of postings created by them.
8. Warranty and liability
The Goethe-Institut assumes no warranty for the correctness, completeness, reliability, timeliness and serviceability of the content it makes available free of charge or of content uploaded by organisers, nor does such content reflect the opinion of the Goethe-Institut. Organiser content that is in breach of the law shall be deleted promptly whenever Goethe-Institut learns of the violation of law.
The organiser shall have no claims for compensatory damages against Goethe-Institut, its legal representatives and vicarious agents, unless otherwise provided below. Exceptions are claims for damages based on a warranty or undertaking given by Goethe-Institut, claims based on harm to life, limb or health, claims based on the Product Liability Act, and claims for compensatory damages based on a violation of material contract obligations. Material contract obligations are obligations the performance of which is required in order to achieve the aims of the contract. This disclaimer of liability also does not include liability for losses based on an intentional or a grossly negligent breach by the provider, its legal representatives or vicarious agents.
9. Term and termination of the contract
This contract is made for an unlimited term and may be terminated by either party in written form (e.g. by e-mail) without the need to comply with any deadline.
Following the end of this contract, the Goethe-Institut shall be entitled but not obliged to delete content created by the organiser. A claim to the transfer of the created content is excluded.
Where good cause is present, in particular based on any breach of the duties in section 5, the Goethe-Institut shall be entitled to immediately block the organiser’s access and terminate the contract without advance notice. In such case, the organiser in question may only register again after obtaining Goethe-Institut’s prior written consent.
11. Choice of law
With respect to the contract relations between the Goethe-Institut and the organisers, the law of the Federal Republic of Germany shall apply. In respect of consumers, this choice of law shall only apply to the extent that it does not deprive the consumer of the protections afforded to him by the mandatory consumer protection laws of the country in which he/she is ordinarily resident. If the organisers are a merchant or a legal person, Munich is the place of jurisdiction for all disputes arising from or in connection with the use of the platform.