Am Busch 3
59439 Holzwickede, Germany
General terms/area of validity
The following general terms of trade are valid for all contracts entered
into with Elke Strauch, Am Busch 3, 59439 Holzwickede, Germany,
as well as for the use of any services made available by Museum.com.
By making use of the services offered by Museum.com the user agrees to
these terms on a binding basis, unless other terms have been expressly
agreed to, or otherwise laid down by legislation. Terms contradicting or
deviating from these general terms are not valid.
Museum.com is a database containing information about and from museums
and historical sites and institutions which is maintained by its registered
users. Registered users can input information, such as addresses, museum
descriptions, exhibition dates, news and other information about the individual
In the separate ‘museum.com PR platform‘ area, registered users can input
articles in several different languages about the content in both short
and long textual form, with or without the inclusion of picture material
files, and in doing so make them available to third parties for free use
in media of all types. Publication takes place on condition that the words
‘www.museum.com' are used in reference. The naming of author
and/or photographers remains optional. Museum.com merely makes available
the platform for the provision of the articles. The platform can be visited
and researched by other registered users. Information provided can be downloaded
by other registered users for publication in all forms of media. Museum.com
has no influence over the later publication by third parties, but will
draw attention to this within the framework of the publication of the web
In as far as Museum.com supplies free services, these may be ended at any
time without warning. A right to damages or financial restitution for any
losses incurred as a result of the ending of these free services does not
derive from the contract .
Rules for Use
The registered user is responsible for the correctness and completeness
of the information and input data thus provided. Prior clarity and agreement
should be obtained from authors, photographers, illustrators, artists,
etc., in order that they agree to the making available of their work, be
it in the form of articles or pictures thereto connected, for unlimited
further publishing in all web and print media under the named publishing
conditions of museum.com, including the right to shorten articles or alter
illustrations and photographs as required. Only those articles and illustrations
which have been released for this end, without any doubt, may be input
to the press platform.
The input information will be made available for publication in the internet
or forwarded to the distribution lists without delay. Museum.com can, however,
accept neither responsibility for the correct, complete and punctual transfer
of the data, nor for the publication in either the internet or print media.
Museum.com reserves the right to remove data input to the database, in
particular when it is clearly obsolete, exceeds available storage capacity
or is of doubtful content. This includes politically extreme material,
criminal subject matter, items endangering human rights, or other material
unsuitable for young people, i.e. all the material which could possibly
damage the good reputation of museums and historical sites.
Only that data which is input online using the forms for that purpose can
be taken into account for publication. Unsolicited material send by post,
courier, email or telefax will neither be published nor returned to the
Museum.com accepts no liability for information based on false or incomplete
data input by users. In the case of wilful provision of misleading or incorrect
information by a user, museum.com reserves the right to exclude the user
in question from the use of the information service and in particular to
leave the input unprocessed and to make legal claims for financial restitution
in the form of damages.
each case where terms 3.1-3.5 are contravened, and excluding the possibility
of any legal continuance context, a contractual penalty in the sum of Euro
10,000 will be charged. This does not reduce the options for later further
legal claims for financial restitution. Furthermore, any right of use of
services is cancelled automatically and immediately in case of contravention
of these terms.
who want to enter information into the ‘museum management‘ and ‘museum.com
PR platform‘ must register beforehand. Museum.com releases the registered
user through issue of a user name and password for its services, thus permitting
the user to input data as required. Passwords and user names are to be
treated in confidence. The registration can be withdrawn by museum.com
at any time, especially when the registered user infringes the terms and
conditions of use. Museum.com will permit users in these circumstances
to clarify their actions before the decision is taken whether or not to
delete the passwords in question.
Museum.com reserves the right to temporarily limit services with regard
to the capacity limits of the system. Temporary disturbances, limitations
or interruptions of services may occur in emergency or catastrophe situations,
through atmospheric conditions, geographic states, technical hindrances,
power cuts or as a result of technical alterations in the system at museum.com,
such as net improvements, transfer of machinery or equipment, as well as
other measures (such as for example maintenance and repair work) which
may be required for the correct or improved provision of services, or for
reasons of act of god (including strikes and lock-outs). The internet provider
of the user is alone responsible for the transfer network.
Museum.com takes every care to ensure the completeness, correctness and
constant updating of the basic data material, but is under no obligation
to so do. The data, information and documentation are derived exclusively
from museums and historical sites, journalists and writers, and are made
available by museum.com without any accepted or implied liability for their
correctness or accuracy and the resulting information therefrom. A guarantee
for the completeness, correctness and currency can not be provided. Museum.com
can therefore not be made liable for any damage or loss which might occur
as a result of, or in connection with the use of this information. In as
far as linking to other internet sites and/or servers may take place and
other information may be made available, museum.com carries out no review
of content of any such sites and/or servers and the information contained
therein and as a result can accept no liability for the latter.
The use of the services offered takes place at the user’s own risk. Liability
is not accepted by museum.com under any circumstances, unless museum.com
or one of its legal representatives or servants acts wilfully or negligently.
In case of neglect of major contractual duties, the liability in cases
of simple negligence in the case of financial loss following foreseeable
direct damage is limited to Euro 2,500. Liability is otherwise excluded.
personal data entered by registered users will be stored and on request
deleted (notice under German data protection legislation § 28 section
1 BDSG). By completing the relevant form, the user grants his/her permission
for the necessary processing and transfer of his/her data to other users
(§ 3 TDDSG).
If one clause, term or condition of these general terms of business should
not be legally effective, the remaining clauses, terms and conditions remain
German law only is relevant to any agreement entered into with museum.com.
In as far as the contractual partner is a full merchant, the court of jurisdiction
will remain agreed as Duesseldorf, Federal Republic of Germany.