Limitation of liability
Numerous entries and content within our website are contributions from users and members of Kunstplaza . Most of this content is carefully reviewed by our editorial team for its user value and quality. Spam and low-quality content are generally removed immediately, and their publication is withdrawn.
Please understand that we unfortunately cannot check 100% of the content and posts for completeness, accuracy, and timeliness (due to the volume of new content and the simultaneous shortage of staff). Therefore, it's possible that a few problematic posts may occasionally slip through.
The remaining content is created with the utmost care by the Kunstplaza team. Unfortunately, errors can still occur.
Therefore, no guarantees or warranties can be given in any way for the accuracy, completeness, timeliness and legal soundness of content on Kunstplaza .
Kunstplaza , its owners and its team are therefore neither responsible nor liable for damages or legal violations in connection with contributions or actions of members on Kunstplaza .
Use of the website's content is at the user's own risk. Articles identified by name reflect the opinion of the respective author and not necessarily the opinion of Kunstplaza . Simply using the provider's website free of charge does not create any contractual relationship between the user and Kunstplaza .
The articles – especially in the section “Tips for…” – do not replace professional advice from relevant professionals.
Furthermore, we expressly point out that the use of Kunstplaza and its services is based on our terms and conditions and our Privacy policy .
Kunstplaza , its owners, and its team are not responsible for the content of posted contributions, messages sent via the internal messaging system, or replies given, and are indemnified against any damages arising in this context. In particular, Kunstplaza assumes no liability whatsoever for contributions relating to financial, tax, and legal advice. Contributions, questions, and answers on these topics do not constitute legal advice.
Regarding articles, questions and answers on the topic of health, we expressly point out that the information contained therein should not be used for diagnoses, treatments, cures or for the prevention of diseases without the supervision of a doctor.
External Links
This website contains links to third-party websites (“external links”). These websites are subject to the liability of their respective operators. Kunstplaza reviewed the external links for potential legal violations when they were first created. At that time, no legal violations were apparent.
Kunstplaza has no influence whatsoever on the current or future design and content of linked websites. The inclusion of external links does not imply that Kunstplaza endorses the content behind those links. Constant monitoring of external links is not feasible for the provider without specific indications of legal violations. However, upon notification of legal violations, such external links will be removed immediately.
Copyright, personality rights and related rights
Copyright and related rights
The content published on this website is subject to German copyright and ancillary copyright law. Any use not permitted under German copyright and ancillary copyright law requires the prior written consent of the provider or respective rights holder. This applies in particular to the reproduction, editing, translation, storage, processing, or transmission of content in databases or other electronic media and systems.
Third-party content and rights are identified as such (attribution of the author). Unauthorized reproduction or distribution of individual pieces of content or entire pages is prohibited and punishable by law. Only the creation of copies and downloads for personal, private, and non-commercial use is permitted.
Displaying this website in external frames is only permitted with written permission.
Kunstplaza always strives to respect and uphold the copyrights and related rights of the creators. However, since Kunstplaza primarily provides a technical platform into which users can upload content, it cannot guarantee that all copyrights and related rights are respected in user-generated content.
Therefore, Kunstplaza cannot guarantee that all content is free from copyright infringement and cannot be held liable for any such infringements. It is unreasonable to expect the Kunstplaza team to review all user-submitted content. However, we strive to inform users about copyright and related rights and to exercise the utmost care in moderating content.
As soon as we are notified of a copyright or related rights infringement on Kunstplaza , we will investigate and, if necessary, remove the relevant content immediately. Please also read our “Notice and Takedown Policy” in the following section.
Notice and Takedown Policy (Objection Procedure for Rights Holders)
The “Notice and Takedown Policy” is part of the Digital Millennium Copyright Act (DMCA) in the USA, which was passed by the US Copyright Office (website: www.copyright.gov ) in 1998. While this is not legally binding for Kunstplaza , we nevertheless wish to voluntarily adhere to it.
We expect all employees and users of Kunstplaza to comply with the copyright and related rights applicable in Germany. However, if we are made aware that these rights have not been respected when publishing content or contributions, we will withdraw the publication of the relevant content or delete it immediately.
In this case, we will make reasonable efforts to notify the responsible user or to contact them to give them the opportunity to make a counterstatement.
In the event of repeated and intentional violations of copyright or related rights, we also reserve the right to block or delete the responsible user account.
Procedure for copyright holders in case of infringements
If you are the rights holder and have determined that your rights have been infringed by content published on Kunstplaza (e.g., you did not consent to the publication of the content), and this infringement is not legitimized by limitations or exceptions (e.g., the so-called "level of originality" is not reached, the 70-year protection period has expired, the necessary purpose of quotation is given, the content is used in accordance with the Creative Commons license "CC-BY-SA 3.0", etc.) in copyright and related rights, then please contact us as follows:
- Your contact details
- Full bibliographic information on the content
- The exact and complete URL where you found the content
- Valid proof that you are the author or rights holder, as well as a written declaration that you would confirm, even under perjury, that you are the rights holder or an authorized representative
Please address your declaration to the following recipient:
Kunstplaza .de
Joachim Rodriguez
Carossastr. 8d
94036 Passau
Germany
Email: info[at] kunstplaza .de
Upon receiving your declaration, we will initiate the following process:
- Kunstplaza will acknowledge receipt of your statement or complaint by email or post and will conduct an initial review of the validity and plausibility of your objection.
- Upon confirmation of a valid objection, we will temporarily withdraw the publication of the relevant content until a final decision is made or an amicable solution is found.
- A representative from Kunstplaza will contact the user responsible for posting the content, if necessary. The user will be informed of your objection and asked to respond.
- The rights holder and the user are encouraged to find an amicable and considerate solution that is satisfactory for all parties. The following solution scenarios are conceivable:
- The content will continue to be published on Kunstplaza (without changes)
- The content will be republished on Kunstplaza with appropriate modifications (e.g., after content correction, with correct attribution of the copyright holder and/or a corresponding link to their website). In this case, the copyright holder grants the right to use the content retroactively.
- The content will be permanently removed from Kunstplaza and deleted from the database
- If no agreement can be reached between the rights holder and the user, the affected content will be temporarily deactivated and its publication withdrawn until a final agreement can be reached.
Informing our users about copyright and related rights
If you, as a user of Kunstplaza , are considering copying one or more pieces of content and publishing them on your own website, blog, Facebook page, etc., you should definitely read the following section carefully.
According to current copyright law, an author may only be freely quoted 70 years after their death (although there are some exceptions even after this period, which will not be discussed in detail here). Until then, the right of reproduction or use must be obtained from the author or, if the author is no longer alive, from the persons and institutions that hold the rights or administer the relevant estate.
We must expressly point out that it is not permitted to copy texts that are not freely quotable in accordance with the 70-year rule from our website and insert them into another internet presence (note: this also includes profiles and pinboards in social networks such as Facebook, Twitter, Google+ and Co.) or to make them publicly accessible in any other form without having obtained the prior consent of the author concerned.
Exceptions exist, for example, if the so-called "level of originality" is not reached or if the content is used under the Creative Commons license "CC-BY-SA 3.0". In these exceptional cases, you may use the content.
As an active member of Kunstplaza , we urge you not to send us any texts from third parties that are not outside the 70-year copyright term, are subject to the Creative Commons license “CC-BY-SA 3.0”, or for which you do not have explicit permission to reproduce them. Therefore, please only send us your own texts, texts for which you have been authorized, or texts from authors who are freely quotable, as described above.
Privacy rights on the internet
The right to privacy is guaranteed in Article 2 of the Basic Law and, in principle, gives everyone the right to decide for themselves whether and to what extent they wish to share their life with the public.
Every individual has the right to determine how they present themselves to others or to the public.
For example, photos may not be published on the internet without the consent of the person photographed. This is protected by the right to one's own image.
Only in exceptional cases may recordings of you – for example, if you have participated in a public event – be shown on the internet without your consent.
Incidentally, the same applies to the right to one's own words if someone has been recorded for any reason.
We urge our users to respect and uphold these personal rights. The Kunstplaza team exercises all reasonable care to protect personal rights. However, violations can unfortunately still occur.
If your personal rights have been violated, you are welcome to contact the Kunstplaza team directly (see the objection process for rights holders above). You have legal rights, such as the right to an injunction or a right of reply. To protect these rights, we make every effort to avoid litigation and strive for an amicable solution. This minimizes or completely avoids any inconvenience and/or costs for all parties involved.
Your legal security is important to us
A brochure from irights.info and the EU initiative Klicksafe explains briefly and concisely which rules of copyright and personality rights users must observe when using internet platforms such as Kunstplaza , Facebook, Twitter, Pinterest, Instagram, MySpace, YouTube, Clipfish or Flickr.
As a user of Kunstplaza please read this brochure carefully if you have any doubts or questions regarding copyright or privacy rights. It is in your interest.
Because: more and more people are using weblogs, forums, online communities, photo-sharing sites, and so on. But as convenient as the new "participatory web" is, there are some legal aspects to consider that are often unknown, forgotten, or ignored. Users risk cease-and-desist letters, which can be costly, and in the worst case, legal action and convictions.
The brochure provides a brief and concise overview of how you can successfully avoid these legal consequences.
The brochure can be ordered www.klicksafe.de
It is also available as a PDF version for download .
Privacy
Use of Google Analytics on Kunstplaza
This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States.
Google will use this information to evaluate your use of the website, to compile reports on website activity for website operators, and to provide other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf.
Google will under no circumstances associate your IP address with other Google data. You can prevent the installation of cookies by adjusting your browser settings accordingly; however, please note that in this case you may not be able to fully utilize all the functions of this website.
By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Use of Google AdSense on Kunstplaza
This website uses Google AdSense, a web advertising service provided by Google Inc., USA (“Google”). Google AdSense uses “cookies” (text files) that are stored on your computer and enable an analysis of your use of the website. Google AdSense also uses “web beacons” (small invisible graphics) to collect information. Web beacons allow simple actions such as recording and collecting website traffic. The information generated by the cookie and/or web beacon about your use of this website (including your IP address) is transmitted to and stored on a Google server in the USA.
Google will use this information to evaluate your use of the website in relation to the ads, to compile reports on website activity and ads for website operators, and to provide other services related to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.
You can prevent cookies from being stored on your hard drive and web beacons from being displayed by selecting "do not accept cookies" in your browser settings (in Microsoft Internet Explorer under "Tools > Internet Options > Privacy > Settings"; in Firefox under "Tools > Options > Privacy > Cookies"). However, please note that in this case, you may not be able to fully utilize all the functions of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes described above.
Use of the Facebook plugin “Like” and other social sharing plugins on Kunstplaza
This website uses plugins from Facebook.com, provided by Facebook Inc., 1601 S. California Avenue, Palo Alto, CA 94304, USA. Users of our website, on which the Facebook plugin is installed, are hereby informed that the plugin establishes a connection to Facebook, which transmits data to your browser so that the plugin can appear on the website.
Furthermore, by using this feature, data is transmitted to Facebook servers, which includes information about your visits to our website. For logged-in Facebook users, this means that the usage data is associated with their personal Facebook account.
As soon as you, as a logged-in Facebook user, actively use the Facebook plugin (e.g., by clicking the "Like" button or using the comment function), this data will be transferred to your Facebook account and published. You can only prevent this by logging out of your Facebook account beforehand.
The other social sharing plugins on Kunstplaza behave similarly to the Facebook plugin “Like”.
For further information regarding data usage by Facebook and the other social networks and related platforms used, please refer to the privacy policies on Facebook and those of the respective service providers.
Other Privacy provisions
Kunstplaza further expressly points out that data transmission on the Internet (e.g., communication via email) has security vulnerabilities and cannot be completely protected from access by third parties.
The use of the contact details in the legal notice for commercial advertising is expressly prohibited, unless a legal representative of Kunstplaza has given prior written consent or a business relationship already exists. Kunstplaza and all persons named on this website hereby object to any commercial use and disclosure of their data.
Special Terms of Use
Where special conditions for individual uses of this website deviate from the aforementioned sections, this will be expressly indicated at the relevant point. In such cases, the special terms of use apply in each individual case.