General Terms and Conditions of the Museum of Lovestories for the transmission of a love story, an item, a picture, a video, some music (GTC)
Valid from 1. June 2018
All personal names are to be understood in the sense of linguistic simplification as gender-neutral.
1. Scope of application
The following General Terms and Conditions apply to all transmitted love stories, items, pictures, videos, music to the Museum of Lovestories (hereinafter: “we”, “us”…). It does not matter if you transmit the named things on an electronic or postal way or if you bring them to us personally or on another way. The General Terms and Conditions must be accepted by every transmitter (hereinafter: “you”, “your”…) before every transmission. All the other Terms and Conditions of the Museum of Lovestories in their current version remain unchanged.
These General Terms and Conditions have exclusive application; general terms and conditions of you which conflict or deviate from these General Terms and Conditions shall not be recognized by the Museum of Lovestories unless we have expressly agreed to their application in writing. These General Terms and Conditions shall also apply in the case that we fulfill the contract to you without reservation and with knowledge of your conflicting or deviating terms and conditions.
2. Language of the General Terms and Conditions
a. If we provide you with a translation of the German language version of the GTCs, you agree that the translation is provided for your convenience only and that the German language version of the GTCs will govern your relationship with us.
b. If there is any inconsistency between the German language version of the GTCs and the translation, the German language version shall take precedence.
3. Love Story
a. The definition of a “love story” includes all words and sentences you transmit to us. This can for example be a story itself, but it can also be sayings, poems, letters, chats, e-mails…
b. A love story is considered “transmitted” if we get it on an electronic or postal way, if you bring it to us personally, on another way or by a third person which can be associated to you.
c. You can also transmit a love story from a third person. In this case please inform us in advance and make sure that the person which is the main part of the story expressly agrees to the transmission. If you transmit the love story to us, we assume that you have obtained the consent from this third person. An exception is the case that something obvious speaks against it.
d. The content of the story must not be racist, discriminatory, degrading, against the law or the dignity of one or more people.
e. If you transmit a love story to us you transfer the exclusive and permanent right for the worldwide commercialization and publication of your love story to the Museum of Lovestories. If you do so we have the right to publish your love story on all online and offline channels (e.g. website, Facebook, Instagram, Pinterest, exhibitions in the museum, to print it in books, magazines, folder…). Furthermore we have the right to market your love story and achieve economic returns with it.
f. The ownership of the love story passes to the Museum of Lovestories after the 14 days withdrawal period. This period starts with the day on which you made the transmission.
g. After the transmission and after the 14 days withdrawal period, the Museum of Lovestories has the right to adapt and modify the love story in any form.
h. You transfer all the rights of your love story to us free of charge. Furthermore you waive all future claims for remuneration.
i. We expressly reserve the right to send you “recognition” (e.g. free tickets for the museum, products from our shop…) for the transmission of a love story to us. You do not have a legal claim on the “recognition”. If you receive “recognition” from the Museum of Lovestories it will not mean that we deviate from 3.h. or any other terms of these GTCs.
3.1 Transmission of a love story on electronic way:
• Click on the link “Share your lovestory with us and become a part of our museum”
• Write the title of your love story and the love story itself in the given fields and choose a category. If you want you can upload a picture.
• Enter the location you combine with your love story.
• Write your full name and your e-mail address in the given fields and confirm that you have read the privacy policy and accept the General Terms of Conditions.
• If you do not want us to publish your love story with your name, please click in the provided field.
• For a binding transmission of your love story to the Museum of Lovestories, please click on the field “Share your story”.
4. Item
a. An “item” is every object which you have transmitted to us. It can be for example a necklace, a dress, a picture, an old love letter, a collage, a plushie…
b. An item is considered “transmitted” if we get it on an electronic or postal way, if you bring it to us personally, on another way or by a third person which can be associated to you.
c. You may only send us items that are in your sole property. Should there be one or more other owners of the object next to you (e.g. spouse…), you must first get the consent from all of them. If you transmit the item to us, we assume that you have obtained the consent from all owners. An exception is the case that something obvious speaks against it.
d. It is your liability and responsibility to get the consent from all the other owners of the item. You will hold us harmless in this respect.
e. The item must not be racist, discriminatory, degrading, against the law or the dignity of one or more people.
f. If you transmit an item to us you transfer the exclusive and permanent right for the worldwide commercialization and publication of your item to the Museum of Lovestories. If you do so we have the right to publish your item on all online and offline channels (e.g. website, Facebook, Instagram, Pinterest, exhibitions in the museum, to print it in books, magazines, folder…). Furthermore we have the right to market your item and achieve economic returns with it.
g. The ownership of the item passes to the Museum of Lovestories after the 14 days withdrawal period. This period starts with the day on which you made the transmission.
h. After the transmission and after the 14 days withdrawal period, the Museum of Lovestories has the right to adapt and modify the item in any form.
i. You transfer all the rights of your item to us free of charge. Furthermore you waive all future claims for remuneration.
j. We expressly reserve the right to send you “recognition” (e.g. free tickets for the museum, products from our shop…) for the transmission of an item to us. You do not have a legal claim on the “recognition”. If you receive “recognition” from the Museum of Lovestories it will not mean that we deviate from 4.i. or any other terms of these GTCs.
4.1 Transmission of an item:
• Print the form we sent to you and sign it.
• Send or bring the item and the signed form to the address given in the e-mail (which you have received after you have transmitted your love story).
5. Pictures, videos, music
a. A picture (hereinafter “picture” or “pictures”), video (hereinafter “video” or “videos”), music is considered “transmitted” if we get it on an electronic or postal way, if you bring it to us personally, on another way or by a third person which can be associated to you.
b. You may only send us pictures, videos, music that are in your sole property. Should there be one or more other owners of the pictures, videos, music next to you (e.g. spouse, other persons on the picture, associate producer…), or if you can see other people on the pictures, videos, you must first get the consent from all of them. If you transmit some pictures, videos, music to us, we assume that you have obtained the consent from all owners. An exception is the case that something obvious speaks against it.
c. It is your liability and responsibility to get the consent from all the other owners of the pictures, videos, music. You will hold us harmless in this respect.
d. The pictures, videos, music must not be racist, discriminatory, degrading, against the law or the dignity of one or more people.
e. If you transmit some pictures, videos, music to us you transfer the exclusive and permanent right for the worldwide commercialization and publication of your pictures, videos, music to the Museum of Lovestories. If you do so we have the right to publish your pictures, videos, music on all online and offline channels (e.g. website, Facebook, Instagram, Pinterest, exhibitions in the museum, to print it in books, magazines, folder…). Furthermore we have the right to market your pictures, videos, music and achieve economic returns with it.
f. The ownership of the pictures, videos, music passes to the Museum of Lovestories after the 14 days withdrawal period. This period starts with the day on which you made the transmission.
g. After the transmission and after the 14 days withdrawal period, the Museum of Lovestories has the right to adapt and modify the pictures, videos, music in any form.
h. You transfer all the rights of your pictures, videos, music to us free of charge. Furthermore you waive all future claims for remuneration.
i. We expressly reserve the right to send you “recognition” (e.g. free tickets for the museum, products from our shop…) for the transmission of some pictures, videos, music to us. You do not have a legal claim on the “recognition”. If you receive “recognition” from the Museum of Lovestories it will not mean that we deviate from 5.h. or any other terms of these GTCs.
6. Delivery and shipping costs
a. The Museum of Lovestories does not pay the costs for any transfer of your love stories, items, pictures, videos, music or others to us. We also do not pay the costs for the return.
b. The Museum of Lovestories has the right to refuse the return as long as you do not pay the costs for the return in advance.
c. We assume no responsibility and liability for losses, damages or costs that result due to the transport of your love stories, items, pictures, videos, music or others.
7. Other provisions
a. If you want to withdraw something and if you have transmitted more than one thing (love story, item, picture, video, music) at the same time, you have to perform for the withdrawal for each transmission separately. You have also to do so in the case that two or more things are connected to each other.
b. For all transmissions the law of the Republic of Austria applies exclusively, under exclusion of UN purchase law and the standards of the international private law.
c. The courts of the Republic of Austria shall have exclusive jurisdiction over any and all disputes between you and the Museum of Lovestories.
d. The designation of the headings chosen for the individual points is solely for the sake of clarity and is therefore not to be used for the interpretation of these General Terms and Conditions.
e. Verbal agreement or side agreements of these General Terms and Conditions are not permitted. All amendments, side agreements or additions to these GTCs must be executed in writing. This also applies for revocation of this written form requirement.
f. Should individual terms of these GTCs be or become inoperative, this will not affect the remaining terms of these GTCs.
8. Contact
Name:
cmm Museum of Lovestories e.U.
Mag. Clemens Mitteregger
Company Adress:
Taggenbrunner Straße 3
9300 St.Veit/Glan
Austria
Register Court: Landesgericht Klagenfurt am Wörthersee
Company Registration: FN 490574 h
DVR: 0037257
