Elke Strauch
Am Busch 3
59439 Holzwickede, Germany

1. General terms/area of validity

1.1 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.
1.2 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.

2. Museum.com services

2.1 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 sites.
2.2 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 offer .
2.3 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 .

3. Rules for Use

3.1 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.
3.2 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.
3.3 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.
3.4 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 sender.
3.5 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.

4. Contractual Penalties

For 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.

5. Registration

Users 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.

6. Guarantee/liability

6.1 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.
6.2 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.
6.3 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.

7. Data Protection

The 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).

8. Conclusion

8.1 If one clause, term or condition of these general terms of business should not be legally effective, the remaining clauses, terms and conditions remain in effect.
8.2 German law only is relevant to any agreement entered into with museum.com.
8.3 In as far as the contractual partner is a full merchant, the court of jurisdiction will remain agreed as Duesseldorf, Federal Republic of Germany.