Terms & Conditions - Avudim Berlin

1. introduction

These Terms and Conditions apply to this Site and to transactions related to our products and services. You may be bound by additional agreements that relate to your relationship with us or to products or services you receive from us. If any provisions of the additional agreements conflict with any provisions of these Terms, the provisions of those additional agreements will prevail.

2. search request

A. As part of the registration process, you will submit your email address, their full name and also the full name, place of birth and date of birth of the person you are seeking. You must provide us with accurate, complete and current registration information.
B. The search includes queries in various archives (e.g. city and state archives).
C. In case of a positive decision by one or more archives, the scope of the search and a possible cost limit will be jointly determined in a discussion, either via audio or video chat.
D. The archive material will be viewed by me on site or online and secured with the help of photographs or downloads.
E. As soon as the working time has reached a total of 250,-Eur, a request for payment will be sent to you. As soon as payment has been received, further work will be continued. If necessary, a further down payment of 250,- will be requested, which will be offset against the final invoice. F.The processing time varies and therefore cannot be determined concretely. On the one hand, this is due to the fact that the responses from the archives take different amounts of time (but usually 14 days). On the other hand, all archives in Berlin and Brandenburg work with a limited allocation of space.
G. The applications of the archives are to be filled out by you personally and submitted to Avudim Berlin.

3. Travel, Hotel and Meal Expenses

Should Avudim Berlin incur further costs due to a necessary trip, these are nevertheless to be borne by you. The obligation to bear the costs includes the necessary transport, accommodation and catering costs. Avudim Berlin reserves the right to demand an appropriate advance payment. If, in exceptional cases, this advance does not fully cover the costs incurred, the remaining costs will be invoiced to you subsequently.

4. digitized documentation

A. The creation of the digitized chronicle includes:

• Detailed examination of the files in the archives
• Research on the information found
• Search in online databases, memorial books, city maps, address books, as well as residential and work addresses
• Scan or photographs of so-called “key documents
• Translation of the content of the selected documents
• Graphic realization of an layout with texts and image files
• Image editing

B. No exact date can be given for the completion of the chronicle. On the one hand, this is due to the fact that the responses from the archives take different amounts of time (but usually 14 days). On the other hand, all archives in Berlin and Brandenburg work with a limited allocation of space.
C. After completion of the digital documentation, we will prepare a final invoice which will be offset against the advances paid.

5. digitized chronicle

A. The creation of the digitized chronicle includes:

• Detailed examination of the files in the archives
• Research on the information found
• Search in online databases, memorial books, city maps, address books, as well as residential and work addresses
• Search for photos on the Internet
• Scan or photographs of so-called “key documents
• Attempt to reconstruct a possible work route
• Compilation of the most relevant historical events
• Chronological listing of the results obtained from all archives
• Writing of the chronicle
• Graphic realization of an individual layout with texts and image files
• Micro and macro typography
• Image editing
• Inserting picture credits and links

B. No exact date can be given for the completion of the chronicle. On the one hand, this is due to the fact that the responses from the archives take different amounts of time (but usually 14 days). On the other hand, all archives in Berlin and Brandenburg work with a limited allocation of space.
C. After completion of the digital chronicle, we will prepare a final invoice which will be offset against the advances paid.

6. printed version

A. At your request, an offer for a printed version will be made.
B. The offer for the creation of a printed chronicle must be accepted by you in writing (by letter or e-mail).

7. further services

In addition, in the case of references to land ownership, an inquiry can be made to the locally responsible land registry offices. This service must be provided by written request to Avudim Berlin.

8. Limited User License

a) You are hereby authorized to use the Content for personal use only. The Service is neither intended nor licensed for commercial purposes.
b) Online or other republication of Content in public areas is permitted as long as Avudim Berlin is credited as the source.
c) Archive materials may not be published. These are the property of the respective archives. The current terms of use of the archives can be found on the website of the respective archives.
d) Violation of the above license may result in immediate legal action.

9. No guarantees or warranties

Except as expressly set forth in these Terms, we provide the Services and the Avudim Content to you “as is,” without warranty of any kind. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability and fitness for a particular purpose. We make no promises about (a) Avudim Content, (b) the quality, accuracy, reliability or availability of Avudim Content or the Services, or (e) that the Services will be free of viruses or other harmful components.

10. Changes to the Terms and Conditions

The Terms and Conditions may be modified by Avudim Berlin at any time.
Future changes to these Terms and Conditions will be offered to you in text form no later than one month before the proposed date of their entry into force.
The changes may be offered by electronic means of communication.
Your consent shall be deemed to have been given if you have not notified Avudim Berlin of your rejection before the proposed date on which the amendments are to take effect. Avudim Berlin will specifically draw your attention to the effect of approval in its offer.

11. Obligation

By registering, accessing or otherwise using this website, you agree to be bound by the terms and conditions set forth below. The mere use of this website implies knowledge and acceptance of these terms and conditions. In some specific cases, we may also ask for your express consent.

12. electronic communication

By using this Website or communicating with us electronically, you agree and acknowledge that we may communicate with you electronically on our Website or by email, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including, but not limited to, the requirement that such communications be in writing.

13. Intellectual Property

We or our licensors own and control all copyright and other intellectual property rights in the Site and the data, information and other resources displayed or accessible on the Site.

Unless otherwise stated, no license or other right under any copyright, trademark, patent or other intellectual property right is granted to you. This means that you will not use, copy, reproduce, perform, display, distribute, embed in an electronic medium, modify, reverse engineer, decompile, transmit, download, transfer, monetize, sell, market, or commercialize any resources from this Website in any form without our prior written permission, unless otherwise required by mandatory legal provisions (such as the right to quote).

14. third party property

Our website may contain hyperlinks or other references to websites of other parties. We do not monitor or review the content of other parties’ websites referenced from this Website. Products or services offered by other websites are subject to the terms and conditions of those third parties. Opinions or materials expressed on these websites are not necessarily shared or endorsed by us.
We are not responsible for any privacy practices or content of such websites. You bear all risks associated with your use of these websites and related third-party services. We are not responsible for any loss or damage of any kind resulting from your sharing personal information with third parties.

15. Responsible use

By visiting our website, you agree to use it only for its intended purposes and in accordance with these Terms, any additional agreements you may have with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You may not use our website or services to use, post, or distribute material consisting of (or linked to) malicious computer software; use data collected from our website for direct marketing activities; or engage in systematic or automated data collection activities on or related to our website.
Engaging in any activity that causes or may cause damage to the Website or interferes with the performance, availability or accessibility of the Website is strictly prohibited.

16. Idea Submission

Do not submit any ideas, inventions, works or other information that may be considered your own intellectual property that you wish to present to us unless we have previously signed an intellectual property agreement or non-disclosure agreement. If you provide us with your content without such written consent, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

17. termination of use

We may, in our sole discretion, modify or discontinue, temporarily or permanently, access to the Website or any service located thereon at any time. You agree that we will not be liable to you or to any third party for any such modification, suspension or termination of your access to or use of the Site or any Content you have shared on the Site. You will not be entitled to any compensation or other payment even if certain features, settings and/or Content to which you have contributed or relied upon are permanently lost. You may not bypass or circumvent, or attempt to bypass or circumvent, any access restriction measures on our website.

18. warranties and liability

Nothing in this section limits or excludes any warranty implied by law, the limitation or exclusion of which would be unlawful. This Site and all Site Content are provided “as is” and “as available” and may contain inaccuracies or typographical errors. We expressly disclaim any express or implied warranties of any kind as to the availability, accuracy or completeness of the content. We do not warrant that:
That this website or our content will meet your requirements;
This website will be uninterrupted, timely, secure or error-free.
The following provisions of this section apply to the maximum extent permitted by law and do not limit or exclude our liability in respect of any matter which would be unlawful or illegal for us to limit or exclude our liability. In no event will we be liable for any direct or indirect loss or damage (including loss of or damage to data, software or databases or loss of or damage to property or data) suffered by you or any third party as a result of accessing or using our website.
Except as otherwise expressly provided in any Supplemental Agreement, our maximum liability to you for any damages arising out of or in connection with the Site or the products and services marketed or sold through the Site, regardless of the form of legal action imposing liability (whether in contract, equity, negligence, intentional conduct, tort or otherwise), shall be limited to the total price paid by you to us for the purchase of such products or services or use of the Site. Such limitation shall apply to all of your claims, actions and causes of action of every kind and nature.

19. data protection

In order to gain access to our website and/or services, you may be asked to provide certain information about yourself as part of the registration process. You agree that all information you provide will always be accurate, correct and current.
We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Policy and Cookie Policy.

20. Export Restrictions / Compliance with Laws

Access to the Website from territories or countries where the content or purchase of products or services sold on the Website is illegal is prohibited. You may not use this Website in violation of any export laws or regulations of Germany.

21. Violations of these Terms and Conditions

Without prejudice to our other rights under these Terms and Conditions, in the event of a breach of these Terms and Conditions, we may take such action as we deem appropriate, including temporarily or permanently blocking your access to the Website, contacting your internet service provider to have them block your access to the Website, and/or taking legal action against you.

22. compensation

You agree to indemnify, defend and hold us harmless from and against any and all claims, liabilities, damages, losses and expenses arising from your violation of these Terms and applicable laws, including intellectual property rights and privacy rights. You shall promptly indemnify us for our damages, losses, costs and expenses arising from any such claim.

23. Waiver

Failure to enforce any provision of these Terms and Conditions and any Agreement, or failure to exercise any termination option, shall not be deemed a waiver of such provisions and shall not affect the validity of these Terms and Conditions or any such Agreement, or any part thereof, or the right thereafter to enforce any provision.

24. language

These General Terms and Conditions shall be interpreted and construed exclusively in English and German. All notices and correspondence will be in this language only.

25. complete agreement

These Terms and Conditions, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Anja Bukschat with respect to your use of this Website.

26. choice of law and place of jurisdiction

These General Terms and Conditions are governed by the laws of Germany. The courts of Germany shall have jurisdiction over any dispute relating to these Terms and Conditions. If any part or provision of these Terms and Conditions is found by any court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible to effectuate the intent of these Terms and Conditions. The remaining provisions shall not be affected.

27. contact information

This website is owned and operated by Anja Bukschat .
You may contact us regarding these Terms and Conditions in writing or by e-mail at the following address: nilreb.miduva@ofni Wilhelmsaue 132 10715 Berlin, Germany.

28. download

You can also download our terms and conditions as a PDF file .

29. severability clause

Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.