Imprint

Provider within the definition of Section 5 German Teleservices Act, Section German State Treaty on Broadcasting:

Berlin Tourismus & Kongress GmbH
Am Karlsbad 11
D-10785 Berlin
Tel. 030/ 25 00 23 33
Fax: 030/ 25 00 24 24
email: hello@theschwarm.com
Managing Director: Burkhard Kieker
Chairman of the Supervisory Board: Oliver Schumacher
Companies register: District Court of Berlin Charlottenburg HRB 48652
VAT ID: DE 160 475 096

Responsible party within the definition of Section 55 para. 2 German State Treaty on Broadcasting: Director Berlin Convention Office: Iris Lanz

Address:
Berlin Tourismus & Kongress GmbH
Berlin Convention Office
Am Karlsbad 11
D-10785 Berlin
Tel: 030/ 25 00 23 33
Fax: 030/ 25 00 24 24
email: hello@theschwarm.com

Important notice: The use of contact data contained in this legal notice for the purpose of transmitting advertisements and information materials not expressly requested is hereby expressly prohibited. Berlin Tourismus & Kongress GmbH and all other persons named on these webpages hereby withhold their consent in relation to all commercial use and communication of their data. We expressly reserve the right to take legal measures in the event of unrequested receipt of advertising materials including spam mails.

EU Commission platform for online dispute resolution:
http://ec.europa.eu/consumers/odr
In cooperation with:
Ars Electronica Linz GmbH & Co KG
Ars-Electronica-Straße 1
A-4040 Linz
https://www.aec.at/
Updated: November 2017

Terms of Use and Privacy Policy

The following Terms of Use and Privacy Policy stipulate the usage conditions between the provider and the user. Only the following terms in their respectively valid version shall apply to use of the app being offered. We are not requiring payment of any fees for the installation or use of the app. Please read through the information and the Privacy Policy carefully before you provide any personal information. By using this app, you hereby state that you agree with the use of your personal data by visitBerlin. If you do not agree with the use of your data according to this notification, please do not use this app. If you have questions about data protection within the scope of use of the app, please contact us at datenschutz@visitBerlin.de. visitBerlin expressly reserves the right to change these Terms of Use as well as the Privacy Policy.

App functions

The app enables users to record media (photos, videos) by means of the reverse side camera on their mobile device (smart phone, tablet). The media are uploaded to a server and automatically displayed at the website www.ubermutproject.com via a project-based interface. After capturing the media and before upload, users have the option of identifying their media with various categories and individual tags. This identification enables filtering of the media content on the website. Users can select from 12 categories of the creative industry as a main category (Music, Literature, Fine arts, Film, Broadcasting, Performing arts, Architecture, Design, Press & News, Advertising, Software & Games, Other). Furthermore, users have up to 12 additional topic-specific, provider-defined main categories available for selection. In a free text field, users have the possibility of specifying individual tags and description text for the medium. Before upload, users have the possibility of rejecting their images/videos at any time. Users can also specify a "non-public" upload of a medium. In this case, the medium goes to the provider's CMS. A subsequent publication of said medium must be agreed individually with the provider (ubermutproject@visitBerlin.de). The app enables access to the user-generated photo/video library and thus the upload of already available media. The interface at www.ubermutproject.com represents all of the publicly uploaded media. A filtered representation of the media content takes place by means of different filters according to categories, tags and GPS data. You can find further information about the project at "About Übermut Project and THE SCHWARM".

General Terms of Use

The app can only be installed by means of a link sent to you. After activation of the link, you will go to a corresponding site from the provider at which you can download the app. Use of the app is not possible without prior registration/login. The registration/login requires the provision of personal data/information about the user. The following information is mandatory.

Furthermore, the following additional information can be provided as desired:

This information enables the classification of input content related to the individual users. Downloading the app does not provide you with any kind of copyright or commercial protective rights unless said rights have been explicitly granted to you. However, the user does receive a simple and personal right to use the app, its functions, and the protected information contained therein within the limits described in these terms. Outside of the expressly granted usage rights, the user is not granted any rights to the app or the content thereof. In particular, the user is prohibited from duplicating, distributing or making public, in its entirety or in part, third-party content from the app. Any form of commercial use of the app, the functions thereof or content is prohibited. The usage right ends with the exclusion of a user or the deletion of the app.

Publication of content

The app offers its users the possibility of publishing self-made images, videos as well as other content, to the extent possible, within the app, and thus provide them to other users to view and for further information. With respect to this, the app requires access to the personal library/photo album of the user. Meanwhile, the app is being used essentially as a platform for participants in the Übermut project, based on which only a certain group of people has access to it. The access takes place by means of a download link. Input content of the app is displayed within the app and at www.ubermutproject.com. In addition to the content, personal data such as the real name or pseudonym, category, "based in" information, mission statement of the user, website or social media account, as well as particularly the user's GPS data are displayed (see Privacy Policy). lf visitBerlin determines that public content of a user is violating these Terms of Use, visitBerlin will contact the respective user and request that the user change the content. In particularly serious cases, visitBerlin is authorised to exclude the user from using the app. The exclusion of use is particularly possible when input media or comments etc.:

This list is not conclusive. The exclusion can also take place for similar, objective reasons. We make explicit reference to the following legal provisions: § 185 Criminal Code (StGB): Offence: "The offence shall be penalized with imprisonment of up to one year or with a fine and if the offence is committed by means of an assault, with imprisonment of up to two years or with a fine."

§ 187 Criminal Code (StGB): Slander: "Whosoever claims or spreads an untrue fact with respect to someone else, against their better judgement, which would disparage same or lower public opinion of or risk said person's credit shall be penalized with imprisonment of up to two years or with a fine and if the act is committed in public, in a gathering or through the spreading of documents (§ 11 paragraph 3), with imprisonment of up to five years or with a fine."

§ 86 Criminal Code (StGB): Dissemination of propaganda material of unconstitutional organisations: "(1) Whosoever disseminates domestically or produces for dissemination domestically or abroad, keeps stock of, imports or exports, or makes public in data memories propaganda material 1. of a party declared unconstitutional by the Federal Constitutional Court or of a party or association, from which it is incontrovertibly determined that it is a substitute organisation of such a party, 2. of an association that is incontrovertibly banned because it is focused against constitutional order or against international understanding, or it has been incontrovertibly determined that it is a substitute organisation of such a banned association, 3. of a government, association or institution outside of the territorial scope of this law, which is operating for the purposes of one of the parties characterised in numbers 1 and 2, or 4. propaganda material which, according to its content, is intended to continue the endeavours of a former Nazi organisation shall be penalized with imprisonment of up to three years or with a fine. (2) Propaganda material in terms of paragraph 1 is only that written material (§ 11 paragraph 3), the content of which is targeted against the free democratic basic order or international understanding. (3) Paragraph 1 shall not apply when the propaganda material or the act is used for civic information, in the defence against unconstitutional efforts, for art or science, research, teaching, reporting on events of current affairs or history or similar purposes. (4) If the guilt is minor, the court may deviate from a penalty according to this regulation.”

§ 130 Criminal Code (StGB): Incitement: "(1) Whosoever in a manner that is liable to disturb the public peace incites hate or encourages violent or arbitrary acts 1. against a group based on its nationality, race, religion, or its ethnic origin, against parts of the population or against individuals due to their membership in a previously mentioned group or a part of the population or 2. offends the human dignity of others by insulting, maliciously degrading or defaming a previously mentioned group, parts of the population or an individual due to their membership in a previously mentioned group or a part of the population, shall be penalized with imprisonment of three months to five years or with a fine. (2) A penalty of imprisonment of up to three years or fine shall be applied to whoever 1. disseminates or makes accessible to the public a document (§ 11 paragraph 3) or who offers, hands over, or makes available to a person under 18 a document (§ 11 paragraph 3), which a) incites hate against a group characterised in paragraph 1, number 1, against parts of the population or against an individual based on his membership in a group characterised in paragraph 1, number 1, or a part of the population, b) encourages violent or arbitrary acts against people or groups of people mentioned in letter a or c) offends the human dignity of persons or groups of people mentioned in letter a by insulting, maliciously degrading or defaming them, 2. makes the content characterised in number 1, letters a to c, accessible to a person under 18 years of age or public by means of radio or telemedia or 3. produces, procures, delivers, keeps stocks of, provides, advertises a document (§ 11 paragraph 3) of the content characterised in number 1, letters a to c, or undertakes to import or export said document in order to use it or parts obtained from it in terms of number 1 or number 2 or to enable another person such use. (3) A penalty of imprisonment of up to five years or fine shall be applied to whoever publicly or in a gathering condones, denies or trivialises an act committed under the rule of National Socialism of the type characterised in § 6 paragraph 1 of the International Criminal Code in a manner that is liable to disturb the public peace. (4) A penalty of imprisonment of up to three years or fine shall be applied to whoever publicly or in a gathering disturbs the public peace in a manner infringing upon the dignity of the victims by condoning, glorifying or justifying the violence and despotism of the Nazi era. (5) Paragraph 2 also applies to documents (§ 11 paragraph 3) having the content characterised in paragraphs 3 and 4. (6) In the cases of paragraph 2, also in conjunction with paragraph 5, and in the cases of paragraphs 3 and 4, § 86 paragraph 3 applies accordingly."

§ 131 Criminal Code (StGB): Depiction of violence: "(1) Whosoever 1. disseminates, 2. publicly issues, trades, presents or otherwise makes accessible, 3. provides, supplies or makes accessible to a person under 18 years of age or 4. produces, procures, supplies, keeps in stock, offers, announces, advertises, imports or exports in order to use documents (§ 11 paragraph 3) or parts of documents in terms of numbers 1 to 3, which depict cruel or otherwise inhuman acts of violence against people or human-like forms in a manner that glorifies or minimises such violence or represents the cruel or inhuman process in a manner degrading to humans, or to enable such use by someone else, shall be penalised with imprisonment of up to one year or with a fine. (2) A penalty shall also be applied to whoever disseminates a presentation of the content characterised in paragraph 1 through radio, media services, or teleservices. (3) Paragraphs 1 and 2 shall not apply if the act is in the service of reporting on events of current affairs or history. (4) Paragraph 1 No. 3 shall not be applied if the person authorised to act on behalf of the person is acting; this shall not apply if the person authorised to act grossly violates their care duties by offering, providing or making accessible. § 166 Criminal Code (StGB): Insulting of faiths, religious societies and organizations dedicated to a philosophy of life: "(1) Whosoever publicly or through the dissemination of writings (§ 11 paragraph 3) insults the content of others’ religious faith or faith related to a philosophy of life in a manner liable to disturb the public peace shall be penalised with imprisonment of up to three years or with a fine. (2) A penalty shall also be applied to whoever publicly or through the dissemination of documents (§ 11 paragraph 3) insults a church, other religious society, or organization dedicated to a philosophy of life located in Germany, their institutions, or customs in a manner liable to disturb the public peace."

§ 201a Criminal Code (StGB): Violation of highly personal living sphere through taking of images: "(1) Whosoever produces or transmits unauthorised images of another person who is in a residence or an area especially protected from view and thereby violates their highly personal living sphere shall be penalised with imprisonment of up to one year or with a fine. (2) A penalty shall also be applied to whoever uses or makes accessible to a third-party an image produced by means of an act according to paragraph 1. (3) Whosoever knowingly makes accessible to a third-party in an unauthorised manner an authorised image of another person who is in a residence or an area especially protected from view and thereby violates their highly personal living sphere shall be penalised with imprisonment of up to one year or with a fine. (4) The image carriers as well as the image recording devices or other technical means that the offender or participant used can be confiscated. § 74a shall be applied."

Our offer is focused especially toward adults and those minors who, based on their cognitive capacity, understand and know how to apply the Terms of Use and the guidelines/notices. We reserve the right to exclude users if there is doubt about the required cognitive capacity due to their behaviour.

Liability notice

The content of this app is generated by the users. visitBerlin is thus free from all liability claims to the extent they relate to content. Liability for the timeliness, correctness and completeness of the content is excluded. This also applies to websites to which reference is made by means of a hyperlink.

visitBerlin shall not be liable for damage resulting from defects, delays or interruptions in the transmission due to malfunctions in technical systems or viruses related to the publication of the content unless visitBerlin or its employees or vicarious agents caused this through intentional or gross negligence.

The liability of visitBerlin is further limited to claims (1) according to the Product Liability Act, (2) due to loss of life, bodily injury, or health hazard, based on negligent or wilful breach of duty by us or one of our legal representatives or by one of our vicarious agents, (3) provided the cause of damage is based on intent or gross negligence by us or one of our legal representatives or by one of our vicarious agents, or (4) due to violation of an essential contractual obligation. In the event of violation of an essential contractual obligation, the liability for damages from visitBerlin is limited to the contractual-typical, foreseeable damage to the extent there is no intentional or gross negligence present. Otherwise, any liability by visitBerlin is excluded.

Transfer of usage rights to visitBerlin

Upon the inputting of content, you yourself, or on behalf of the copyright holder, grant visitBerlin the non-exclusive right to disseminate, modify, edit, publish or translate this content, without limit in respect of time or location. The usage right comprises the dissemination and exploitation right, the reproduction right and the right to make public the work via any and all transmission mechanisms, e.g. through print/reproduction, projection, copy or storing of the images, use of the photographs as a template for drawings or layout and/or customer presentations via print and online media and/or social media as well as any other, including future communication channels. The use in print media is not limited to a certain circulation. The editing/redesign of the images/photos is possible within the scope of § 23 UrhG [Copyright Act].

The user guarantees that he is the originator of the previously listed images/photos/logos and/or at least owner of the exclusive rights of disposal. These images/photos/logos do not violate any personal or ancillary copyrights of third parties. The user releases visitBerlin completely from any liability in the event that a third-party asserts claims against visitBerlin due to violation of personal or ancillary copyrights. This also includes the cost of attorney's fees for defending such claims. You are providing the usage rights free of charge.

visitBerlin shall name the user who posted the content as the originator as follows upon publication: © Übermut Project, photo: First name and surname / Pseudonym or © visitBerlin, photo: First name and surname / Pseudonym

The copyright for published objects created by visitBerlin itself shall remain solely with visitBerlin.

Any reproduction or use of such graphics or text in other electronic or printed publications is not authorised without the express agreement of visitBerlin . The rights to all designs and program scripts shall remain with visitBerlin, to the extent that they are not freely available or not intended for free use and/or are the property of third parties. visitBerlin is the owner of the wordmark "Übermut Project". Use of this designation is exclusively granted to visitBerlin as the copyright holder.

Privacy Policy

The protection of your data is very important to visitberlin. With this notice, we wish to inform you how your personal data is handled within the scope of use of the app and what basic principles apply with reference to data protection. You will also learn here what anonymous or pseudonymous usage data incurs when using the app and how you can prevent the collection of such data.

Automatically generated information

Each time our app is accessed and each time a file is retrieved, logging files are stored. We technically cannot assign this data to specific people. A merging or comparing of this data with other data sources is also not carried out; the anonymised data sets are additionally deleted after a statistical evaluation. Each data set consists of:

Real-time location information

We require access to the location of your device. Upon a query, we collect your current location via GPS in order to be able to assign your input content to your location. The transmission of your location data takes place via an encrypted connection. Your location data are stored in our systems and used for further use of your input content.

If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application. However, it should be noted that the spirit and purpose of this app is to assign the input content to the respective locations.

Retention and storage of the data/deletion of the user account Your data shall be retained and stored as long as is necessary for providing our services.

Security precautions

We store your data on specially protected servers in Germany. Access to them is only possible by a few specially authorised persons who have access to the necessary areas for their activity for technical, business or editing support of the data. However, we work for implementation of the app with a partner, Ars Electronica Linz GmbH, who obtains access to your data within the scope of the cooperation.

We take precautions in order to ensure the security of your personal data against access by third parties. Your data are diligently protected against loss, destruction, falsification, manipulation and unauthorised access or unauthorised disclosure.

According to the requirements of data protection, all of our employees are obligated to maintain data confidentiality in accordance with §5 Federal Data Protection Act (BDSG). Additionally, we stringently ensure that the data processing systems and applications used by us always meet the current requirements of data protection.

Encryption of your data

In the course of logging in/registration via the app, your personal data is transferred in encrypted form over the Internet by means of an SSL process according to the current security standard. We secure our app and other systems, through technical and organisational measures such as firewall systems, multi-stage access blocks etc., against loss, destruction, access, modification or dissemination of your data by unauthorised persons to ensure that you have the best-possible protection against misuse.

Disclosure of your personal data

visitBerlin will not sell or let your personal data to third parties. In order to offer the best-possible security to all users and ensure the halting of cases of misuse of the app and to penalise this accordingly, visitBerlin shall cooperate with justice authorities as soon as a criminal act or misuse of the app for a purpose other than the actual usage purpose is deemed present.

Information regarding the stored data/revocation of the consent for data usage You can obtain or view information regarding the data stored about you at any time. If the data collected is incorrect, you can request rectification thereof. If you are not in agreement with the storage of your data, you may revoke your consent at any time. To this end, please delete your user account within the app and delete the app from your Smartphone. In this case, your data will be deleted accordingly.

Miscellaneous

The laws of the Federal Republic of Germany shall apply exclusively. Should provisions of these Terms of Use or a provision included in the future be wholly or partially legally invalid or not feasible or lose their legal validity or feasibility at a later point in time, this shall not affect the validity of the remaining provisions of the Terms. The same applies if it should be determined that these Terms of Use contain a loophole. Instead of the ineffective or infeasible provisions or to close the loophole, an appropriate regulation is to apply which, to the extent legally possible, comes the closest to what the parties to the contract wanted or would have wanted according to the spirit and purpose of the contract if they had considered the point upon execution of this contract or upon the subsequent inclusion of a provision.