KSW Hotspot by Schloss Wiepersdorf Cultural Foundation: Terms and Conditions of Use

1. Definition and scope of these terms and conditions of use

These terms of use cover your, and our, rights and responsibilities, relating to the use of our guest Wi-Fi access.

2. Our services

(1) We will provide you with free access to the Internet on our estate in the form of a Wireless LAN connection (“Hotspot”).
(2) Provision of the hotspot is subject to our technical and operational capabilities at any given time. There is no entitlement to a working hotspot, nor to any particular signal range.
(3) Furthermore, we do not guarantee that the hotspot will be free of disruptions or outages. Nor can we provide a guarantee of network speed.
(4) We reserve the right to interrupt, curtail or suspend access without prior notice due to essential maintenance and repair work.
(5) There is no entitlement to use particular services via the hotspot. As such, some ports in particular may be blocked. In general, surfing on the Internet and sending or receiving emails is normally enabled.

3. Access and usage

(1) We provide our guest Wi-Fi access exclusively for use by visitors to Schloss Wiepersdorf Cultural Foundation. It is not a publicly accessible telecommunications service, but an internal Wireless LAN for our guests.
(2) The prerequisite for usage is that you first register to use the hotspot and/or accept these terms and conditions when starting to use the hotspot. This can usually be done via an online registration form or welcome page, after selecting the hotspot as a Wi-Fi network on your end device.
(3) There is no entitlement to use the hotspot. We are at liberty to limit or block access to the hotspot at anytime without giving reasons.
(4) The current version of these terms and conditions, made available to you at the time you register to use the hotspot, applies.

4. Login credentials

(1) Any login details that you enter in the course of registering (like e.g. username, password, email etc.), must be kept confidential and protected from unauthorized third party access.
(2) If you have been provided with login details, you must ensure that these are used exclusively by you as User, in order to gain access to and use the hotspot. If facts or circumstances arise that give reason to suspect that unauthorized third parties have obtained or will obtain your login details, you must inform us immediately.
(3) As a User, you are liable for any use and/or other activity carried out with your login details, according to statutory regulations.

5. Your responsibilities as User

(1) When using the service, any personal data entered by you must be truthful and accurate.
(2) When using our hotspot, you are obliged to comply with currently applicable laws.
(3) Further obligations arising from other regulations defined in these terms of use, shall remain unaffected.

6. Charges

The service is provided free of charge.

7. Availability of the service

As our services are provided free of charge, we are not obliged to allow you use of the hotspot. However every effort will be made to provide an uninterrupted service at all times.

8. Prohibited activities

When using the hotspot, you are prohibited from any activities that contravene current statutory law, infringe the rights of third parties or violate laws for the protection of minors. In particular the following activities are prohibited:

• the uploading, distribution, offering or solicitation of content, services and/or products that are fraudulent, pornographic, violate the Youth Protection Act, the Data Protection Act and/or any other laws;
• the publication or making accessible of content that is offensive or defamatory to other users or third parties;
• using, supplying or distributing content, services and/or products, that are legally protected or subject to third party rights (e.g. copyright), without express permission;
• making publicly available works that are protected by copyright, or other copyright-infringing activities, in particular via the use of internet exchange platforms or file-sharing services;

Furthermore, irrespective of any possible contravention of the law, when uploading content on the Internet page of the service provider, or when communicating with other users (e.g. by sending personal messages, participating in discussion forums etc.) the following activities are prohibited:

• the bulk transmission of large volumes of data and in particular their sustained transmission;
• hosting a web server or any other kind of server through use of a hotspot of the service provider;
• changing the default DNS servers in the network settings of the hotspot of the service provider;
• sending junk or spam mails as well as chain letters;
• the distribution of viruses, Trojans or other malicious files;
• the distribution of offensive, indecent, sexual, obscene or defamatory content or communication, as well as any content or communication that could be used to endorse or promote (whether explicitly or implicitly) racism, bigotry, hatred, physical violence or illegal activities;
• requesting other users or third parties to reveal their passwords or personal data for commercial or unlawful/illicit purposes;

Also prohibited is any activity that may serve to impair the smooth operation of our hotspot, in particular anything that puts an excessive load on our systems.

9. Blocking user access

We may block user access to the hotspot temporarily or permanently if we have concrete grounds for suspecting that you are, or have been, in violation of these terms of use and/or applicable laws, or if we have any other legitimate reason to block access.

10. Release from Liability

(1) As a user, you are responsible for all actions you take in connection with the use of the Internet via our hotspot.
(2) You shall indemnify us upon first request against all claims asserted against us by third parties due to a violation by the user of statutory provisions, third-party rights (in particular personal rights, copyrights and trademark rights) or contractual obligations, representations or warranties, including the costs of the necessary legal defense (attorney's fees and court costs in the statutory amount).
(3) In the event of the assertion of claims within the meaning of Section 10 (2), you shall be obliged to cooperate immediately and fully in the clarification of the facts and to provide us with the information required for this purpose in a suitable manner.

11. Limitation of Liability

(1) The liability of the Kulturstiftung Schloss Wiepersdorf, which is not based on intent, is limited to the amount permissible according to § 44a TKG.
(2) This shall not affect the liability of the parties for damages caused by intentional or grossly negligent acts of the parties.
(3) Furthermore, liability for slightly negligent breaches of duty on both sides shall be excluded, unless damages resulting from injury to life, body or health or guarantees are affected, claims under the Product Liability Act are affected or defects have been fraudulently concealed.
(4) In all other respects, we shall only be liable if we have breached a material contractual obligation. Essential contractual obligations are defined in the abstract as obligations whose fulfillment is essential to the proper performance of the contract and on whose fulfillment the user may regularly rely. In such cases, liability shall be limited to compensation for the foreseeable, typically occurring damage.
(5) Insofar as our liability is excluded or limited in accordance with the aforementioned provisions, this shall also apply to our vicarious agents.
(6) Liability under the Product Liability Act shall remain unaffected.
(7) We shall not be liable for any loss or damage caused by force majeure, in particular natural disasters, strikes or lockouts. Kulturstiftung Schloss Wiepersdorf is also not liable for unforeseeable temporary circumstances for which Kulturstiftung Schloss Wiepersdorf is not responsible, in particular when official rules and regulations or the failure of communication networks are involved.
(8) The Kulturstiftung Schloss Wiepersdorf is not liable for losses or damages that the guest could have avoided by appropriate data backup.
(10) The liability of the Kulturstiftung Schloss Wiepersdorf for loss or damage to property resulting from an unintentional negligent breach of essential obligations of the Kulturstiftung Schloss Wiepersdorf is limited to the damage or loss typically foreseeable at the time of the conclusion of the contract to the maximum amounts provided for in § 44a TKG.
(11) The Kulturstiftung Schloss Wiepersdorf shall not be liable for any loss or damage caused by the conduct of an employee, unless such persons are acting in the performance of their duties.
(12) The exclusion of liability shall apply in particular for breach of ancillary obligations, economic success, loss of profit, indirect or consequential loss or damage, consequential loss or damage arising from third-party claims.

12. Data protection

(1) We shall ensure that your personal data will only be collected, stored and processed to the extent necessary for providing any contractually agreed services, and as permitted or required by law.
(2) In the course of using our services, should you be asked for declarations of consent according to Privacy Law, you will be informed that you can rescind these anytime with prospective effect.
(3) In order to provide you with hotspot services, personal data from your end device is required. This means that the MAC addresses of end user devices may also be temporarily stored. Furthermore, we may keep log files for up to 7 days recording the nature and amount of use. These data cannot be traced back to you personally.

13. Final provisions

(1) The law of the Federal Republic of Germany shall apply.
(2) Should individual provisions of these terms of use be, or become, invalid, this shall not affect the validity of the remaining provisions.
(3) The place of jurisdiction is Luckenwalde.