Scope and contractual partners
- These GTC apply to the use of the Kulturbüro Bern and the associated services, in particular the use of workstations and the provision of technical resources such as cameras, microphones, computers, printers and servers.
- The contractual partners are the Kulturbüro Bern association and the customer (hereinafter referred to as the ‘user’).
Handling audiovisual data and digital content
- Creation and storage
Users of the Kulturbüro Bern have the option of creating and storing audiovisual data (e.g. images, videos, audio recordings) and digital content (e.g. texts, designs, artwork).
- Processing and use
The Kulturbüro Bern provides users with technical infrastructure to create, edit and save content. Users are responsible for ensuring that their content does not infringe the rights of third parties (in particular copyrights, personal rights, trademark rights).
Rights to the content created
- Ownership of content
The copyrights and rights of use to the audiovisual data, images, texts and other shall remain with the respective user, unless otherwise agreed.
- Rights of the Kulturbüro Bern
The Kulturbüro Bern reserves the right to use the user's content for the purposes of advertising, documentation or to improve the infrastructure (e.g. by using sample images), provided the user has consented to this.
Use of audiovisual data and images in the public domain
- Public spaces
Users are aware that the Kulturbüro Bern partly comprises publicly accessible areas in which audiovisual data and images created on or in the common areas could be perceived or recorded by other persons.
- Consent to image and video recording
If the Kulturbüro Bern association makes recordings of users (e.g. as part of events, advertising measures or documentation), the user will be informed of this and expressly consents to the recording and possible publication in writing (by email or post). Consent can be revoked at any time in writing (by e-mail or post).
- Use of user images for marketing purposes
The Kulturbüro Bern association reserves the right to use images and audiovisual recordings made in the common rooms of the Kulturbüro Bern for its advertising purposes. This applies, for example, to the publication of images on the Kulturbüro website or in social media.
Liability and responsibility
- Liability of the Kulturbüro Bern association
The Kulturbüro Bern association waives liability towards users within the scope of the legal possibilities for slight and medium negligence as well as for strict liability and is only liable for damage caused intentionally or through gross negligence.
- Liability of the user
The Kulturbüro Bern association is not liable for damage caused by improper use of equipment or software by the user. The users are responsible for ensuring that they use the devices and services in accordance with the legal and contractual provisions.
- Liability for copyright infringements
The users are solely responsible for the content that they create. The Kulturbüro Bern association accepts no liability for claims by third parties arising from copyright infringements or other legal violations in connection with the content created.
Breach of duty of care by the users
- Users undertake to use the furniture, equipment and software of the Kulturbüro Bern association with care.
- Users are liable for any damage resulting from a breach of the duty of care.
