Terms and conditions

1.1 These terms and conditions apply to the use of kammermusik-muenchen.de, including all functions and content offered there, in particular concert listings, artist, ensemble, venue and work profiles, editorial content, user accounts, submission and review functions, and the musician board.

1.2 The platform provider is the operator named in the website's legal notice.

1.3 The platform is intended for visitors, organisers, musicians, ensembles, artists, agencies, institutions, editors and other people or organisations wishing to access, submit, manage or have content published, or to make or establish contact through the musician board.

1.4 A user account may be required for certain functions, in particular submitting and managing concerts, profiles, ensembles, venue suggestions or musician board listings.

1.5 Users' differing terms do not apply unless the provider expressly agrees to their applicability in text form.

2.1 The platform promotes the visibility and discoverability of Munich's chamber music scene. In particular, it enables the presentation and search of concerts, artists, ensembles, venues and works, and the submission and management of related content.

2.2 Depending on their enabled role and functions, users can submit, edit and send concerts, profiles, ensembles, venue suggestions, work information, images, links, descriptions and other content for editorial review.

2.3 The musician board allows users to publish wanted and offered listings for chamber music projects or respond to such listings. The platform provides only the technical functions for publication, discoverability and contact.

2.4 The provider owes no publication, particular placement, prominence, reach, search engine visibility, inclusion in newsletters or social media, successful contact or matching, or economic, artistic or organisational success.

2.5 The provider may review, reject, shorten, edit, reclassify, temporarily defer, subsequently remove or cease publicly displaying content where this appears appropriate for editorial, legal, technical or organisational reasons.

2.6 Use of the platform and musician board is currently free of charge. The provider reserves the right to change, restrict or discontinue individual functions in future, or offer them only on amended terms. There is no entitlement to the permanent free provision of particular functions.

3.1 The musician board is a listings and contact platform. Users can in particular publish or respond to wanted and offered listings for musical projects, instrumentation, substitute players, ensembles, concert plans or other chamber music collaborations.

3.2 The provider does not itself broker contracts, engagements, employment relationships, service contracts, contracts for work, rehearsal agreements, concert commitments or other legal relationships between users. In particular, the provider does not become a contracting party, representative, broker, agency, organiser, employer or client of the users involved.

3.3 Any contact, collaboration, engagement, rehearsal, concert, payment, commission or other agreement arising through the musician board or another platform function takes place exclusively between the people or organisations concerned.

3.4 Users are responsible for independently clarifying all relevant matters before collaborating, in particular identity, qualifications, instrumentation, availability, rehearsal times, venue, remuneration, expenses, rights, sheet music, insurance, cancellations, non-performance arrangements, tax matters and other legal or organisational conditions.

3.5 The provider gives no warranty regarding the identity, reliability, qualifications, availability, solvency, artistic quality, legal authority or conduct of users, listing creators, respondents, organisers, musicians, ensembles or other third parties.

3.6 The provider is not liable for disputes, breaches of duty, damage, non-performance, scheduling problems, fee issues, payment arrears, cancellations, non-attendance, defective performance, incorrect information or other problems arising from or in connection with contact, matching, collaboration or agreements between users, except where the provider is subject to mandatory statutory liability.

3.7 Contact through the musician board uses the platform's technical communication functions. The provider does not guarantee that a message actually reaches its recipient, is read or answered. Delivery problems, incorrect email addresses, spam filters, technical faults, rate limits, security checks or incorrect user information may impair contact.

3.8 Users must not use the musician board for spam, harassing messages, mass contact, unrelated advertising, discriminatory content, unlawful offers, misleading information or other abusive purposes.

3.9 The provider may block, delete, reject or restrict listings, contact requests or user accounts where there are indications of abuse, spam, false information, infringements of rights, third-party complaints, security risks or breaches of these terms.

4.1 Users bear sole responsibility for all content they submit, upload or transmit. This applies in particular to concert information, artist and ensemble information, venue details, work information, musician board listings, profile details, images, logos, links, contact details, descriptions, biographies and other content.

4.2 Users warrant that their content is accurate, complete, current, lawful and not misleading. In particular, they must ensure that no third-party rights are infringed, including copyright, related rights, trademark rights, name rights, personality rights, data protection rights or other protected rights.

4.3 Users must not post or transmit content that is unlawful, insulting, defamatory, discriminatory, racist, extremist, pornographic, harmful to minors, glorifies violence, is misleading, contrary to public morals, spam-like or capable of impairing the platform's operation or security.

4.4 For images, logos, photographs, audio/video content, texts and other protected material, users must hold the necessary rights and provide all required author, licence and source details fully and accurately.

4.5 Users must promptly correct, deactivate or notify the provider of content that is incorrect, outdated, unlawful or no longer suitable for publication.

5.1 The provider endeavours to operate the platform with as few disruptions as possible. However, continuous, uninterrupted, secure or error-free availability at all times is not guaranteed.

5.2 Restrictions or outages may arise in particular from maintenance, security measures, updates, technical faults, server problems, communication network failures, email delivery problems, service provider errors, force majeure, third-party attacks, spam or abuse prevention measures, CAPTCHA checks or rate limits.

5.3 The provider is not liable for content, messages, contact requests, confirmation emails, password reset emails, verification emails or other communications being created, stored, sent, delivered, received, read or answered without error at all times, except where mandatory statutory liability applies.

5.4 Users have no entitlement to permanent storage, backup, archiving or recovery of their entered content, messages or data. They are responsible for additionally saving important content, agreements, contact details and evidence outside the platform.

5.5 Users must not take measures capable of overloading, disrupting, manipulating or accessing the platform's technical infrastructure without authorisation. Automated access, scraping, mass submissions, circumvention of security mechanisms or other systematic analysis are permitted only with the provider's prior express consent.

6.1 The provider has unlimited liability for intent and gross negligence, and for damage resulting from injury to life, body or health.

6.2 In the event of a slightly negligent breach of essential contractual obligations, the provider is liable only for foreseeable damage typical of the contract. Essential contractual obligations are those whose fulfilment makes proper use of the platform possible in the first place and on whose observance users may normally rely.

6.3 In all other respects, the provider's liability is excluded to the extent permitted by law.

6.4 In particular, the provider is not liable for the accuracy, completeness, currency, lawfulness, quality or usefulness of user content, listings, concert information, artist profiles, ensemble details, venue information, work information, links, ticket information or other information provided by third parties.

6.5 The provider is not liable for contracts, agreements, contacts, engagements, rehearsals, concerts, payments, cancellations, damage, disputes or other consequences arising between users or between users and third parties.

6.6 The provider is not liable for technical faults, outages, delays, data loss, delivery problems, spam filtering, security measures, rate limits, CAPTCHA checks or temporary unavailability of the platform, except where mandatory statutory liability applies.

6.7 The provider is not liable for the content, availability, security or data protection of external websites or services linked from the platform. Their respective providers alone are responsible for external content and services.

6.8 Mandatory statutory liability remains unaffected.

7.1 Users indemnify the provider against all third-party claims asserted as a result of a culpable infringement of third-party rights, statutory provisions or these terms through content, listings, messages, links, images, profile information or other actions by those users.

7.2 Indemnification also includes reasonable legal defence costs, including court and lawyer fees, to the extent that the claim is based on culpable conduct by the users.

7.3 Users must provide reasonable assistance to the provider in examining and defending such claims and promptly supply the necessary information.

8.1 Information on processing personal data in connection with the platform, user accounts, contact forms, musician board enquiries, security mechanisms, rate limits, email delivery and deletion periods is provided in the Privacy policy of the platform.

8.2 Users are responsible for not submitting or publishing third-party personal data without a legal basis or consent. This applies in particular to private contact details, photographs, biographies, telephone numbers, email addresses and other personal information about artists, contact persons or third parties.

8.3 Where users submit third-party personal data, they warrant that they are authorised to do so and have fulfilled the necessary information obligations towards the data subjects.

8.4 When using the musician board, contact information and messages are transmitted solely to initiate contact between listing creators and respondents. Details are set out in the privacy policy.

9.1 A user account is required for certain platform functions, in particular submitting and managing concerts, profiles, ensembles, venue suggestions or musician board listings. There is no entitlement to the creation, activation or maintenance of a user account.

9.2 Users must be adults (at least 18 years old) and have full legal capacity. Anyone creating an account on behalf of a legal entity, ensemble, institution, venue or other organisation warrants that they are authorised to do so and may legally act for that body in dealings with the platform.

9.3 Registration information must be truthful, complete and current. Changes to relevant personal, contact or billing details must be updated promptly.

9.4 Login credentials (particularly email/password, magic-link emails and session tokens) must be kept confidential, protected from third-party access and not shared. If abuse, unauthorised access or loss of credentials is suspected, users must change their password immediately and notify the provider.

9.5 Users are liable for actions taken through their account to the extent that they are responsible for them.

9.6 As a rule, only one account per person or organisation is permitted. Creating multiple, fictitious or disposable accounts to circumvent blocks, rate limits or moderation decisions is prohibited.

10.1 Users retain copyright and other protected rights in the content they submit (particularly texts, images, logos, programmes, biographies, work details and listing texts).

10.2 By submitting content, users grant the provider a non-exclusive, territorially and temporally unlimited, royalty-free, transferable and sublicensable right to store, reproduce and technically process the content as part of operating the platform (e.g. scaling, compression, format conversion, indexing, automated linking to works, artists and concerts), make it publicly accessible and use it in overview, search and filter results, newsletters, social media previews, press releases and third-party publications for the purpose of promoting the platform and the displayed content.

10.3 This right of use does not automatically expire when individual content or an account is deleted, insofar as the content lawfully remains in caches, backups, archive copies, logs, search engine indexes, social media previews or comparable technical structures and immediate removal is not technically reasonable.

10.4 For images and photographs of people, users warrant that they have the necessary consent from those depicted for publication on the platform and for the uses specified in 10.2.

10.5 The provider is not obliged actually to use, publish, retain or display submitted content in any particular way.

11.1 The user agreement is concluded for an indefinite period and may be terminated by users at any time without stating reasons by deleting their account. Deletion is carried out using the platform's functions or by an informal email to the contact address in the legal notice.

11.2 The provider may ordinarily terminate the user agreement in text form with 14 days' notice to the end of a month. The right to extraordinary termination for good cause remains unaffected.

11.3 Good cause exists in particular in the event of repeated or serious breaches of these terms, suspected abuse, spam, infringements of rights, false information, identity deception, threats to platform security or substantiated third-party complaints.

11.4 The provider may temporarily restrict, block or hide content, listings, functions or accounts without prior notice where this appears necessary to avert a specific risk to the platform, other users or third parties.

11.5 When the user agreement ends, personal data is deleted or anonymised in accordance with the privacy policy. Previously published factual content (particularly historical concert information, work links and editorial entries) may remain on the platform in pseudonymised or anonymised form where a legitimate archival interest exists.

12.1 The provider may amend these terms with future effect, in particular in response to changes in law, decisions of the highest courts, technical conditions, new or amended functions or changes in business practice.

12.2 Registered users will be informed of changes in text form at least 30 days before they take effect (e.g. by email to the registered address or a clearly visible notice after login). The notice includes the amended version and information about the right to object, the objection period and the legal consequences.

12.3 If users do not object to the changes in text form within 30 days of receiving the notice, the changes are deemed accepted. The change notice will expressly draw attention to this legal consequence.

12.4 If an objection is submitted in time, the provider may ordinarily terminate the user agreement at the time the changes take effect.

12.5 For unregistered visitors, the version currently published on the platform applies.

13.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the state in which consumers habitually reside remain unaffected.

13.2 If the user is a merchant, a legal entity under public law or a special fund under public law, the provider's registered office is the exclusive place of jurisdiction for all disputes arising from or in connection with these terms. The provider may also bring proceedings at the user's general place of jurisdiction.

13.3 The European Commission provides at https://ec.europa.eu/consumers/odr a platform for online dispute resolution (ODR platform). The provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.

13.4 If individual provisions of these terms are or become wholly or partly invalid, void or unenforceable, the remaining provisions remain effective. The statutory rule replaces the invalid provision. The same applies to any gaps in the provisions.

13.5 Amendments and additions to these terms must be made in text form. This also applies to any waiver of this text-form requirement.