Terms and Conditions

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Terms and Conditions

Terms and condition of use

1.1 Operator of the portal

The download portal for the 3D City Model of Berlin is operated by Berlin Partner für Wirtschaft und Technologie GmbH (hereinafter also referred to as "Berlin Partner").

1.2 3D City Model of Berlin

Around 500,000 buildings in an urban area of 890 km² have been photographed from the sky and the roofs surveyed with lasers to create the 3D City Model of Berlin. The 3D City Model of Berlin is neither a commercial model nor is it based on commercially available 3D models. The 3D City Model of Berlin has been developed by Land Berlin's Senate Administration for Urban Development (Senatsverwaltung für Stadtentwicklung), Senate Administration for Economics, Energy and Public Enterprises (Senatsverwaltung für Wirtschaft, Energie und Betriebe) and Berlin Partner für Wirtschaft und Technologie GmbH.

1.3 Download offer

1.3.1
Berlin Partner provides the 3D City Model of Berlin on the internet for free-of-charge downloading and further use according to the Licence Terms (see section 2 below).

1.3.2
The user must accept the Licence Terms (see section 2 below) in order to download the 3D City Model of Berlin.

1.3.3  
This offer provided by Berlin Partner does not establish any entitlement to a download of the 3D City Model of Berlin. Berlin Partner reserves the right to limit the scope of the offer at its own discretion or to completely withdraw the offer at any time without giving reasons. Access to the 3D City Model of Berlin can be limited or excluded, in particular under § 12 of Berlin's Geodata Access Law (Geodatenzugangsgesetz Berlin - GeoZG Bln). Berlin Partner does not provide any guarantee that the 3D City Model of Berlin and the elements it contains are up-to-date, correct or complete.


1.4 Personal rights / right of objection


Any natural person, who can claim that their right to informational self-determination has been infringed on by mapping or images in the application has the right to file an objection to the mapping or image and to have it removed. To file an objection to mapping or images in the 3D display of this application or to the solar evaluation of individual buildings, please contact Berlin Partner für Wirtschaft und Technologie GmbH. The objection must detail clearly the reasons for the objection and must be submitted in writing (including in electronic form, i.e. by email) to Berlin Partner für Wirtschaft und Technologie GmbH:

Berlin Partner für Wirtschaft und Technologie GmbH (Berlin Partner for Business and Technology)
Birgit Steindorf
Head of Unit Business Location Center
Fasanenstrasse 85
10623 Berlin
birgit.steindorf@berlin-partner.de

Any evidence required to check the eligibility to object and the merit of the objection (including proof of ownership, tenancy agreement) must be enclosed with/attached to the complaint.

1.5 Data protection

Berlin Partner für Wirtschaft und Technologie GmbH takes protection of your personal data very seriously. We adhere strictly to the rules of data protection laws. Personal data is only collected on this website to the extent necessary for technical reasons. The data collected will definitely not be sold by us or passed on to third parties for other reasons.



Licence Terms

2. Licence Terms

2.1 Confirmation

By clicking the "Send request" button, you the User confirm that you have read and accepted the following Licence Terms for use of the 3D City Model of Berlin. You cannot download unless you have given this confirmation.

2.2 Licenser

Berlin Partner ("Licenser") is the holder of all rights to the 3D City Model of Berlin, which are necessary for the download offer.

2.3 Subject of the Licence

The subject of the Licence is the 3D City Model of Berlin.

2.4 Granting of rights

2.4.1
The Licenser grants the Licensee a free-of-charge, spatially unlimited for an unlimited period (for the duration of the legal term of copyright), non-exclusive right, to use the 3D City Model of Berlin for any purposes of their own, including commercial use, in material and immaterial form, in particular by way of making it available to the public. This includes the right for the User to add their own data, images, etc. to the 3D City Model and other editing and redesign.

2.4.2
The right of use granted by the Licenser does not include the right to use logos and insignia of Land Berlin and the Licenser.

2.4.3
With each use of the 3D City Model of Berlin the Licensee shall name the Licenser as follows:
Berlin Partner für Wirtschaft und Technologie GmbH

2.4.4
The 3D City Model of Berlin may not be used for unlawful and/or immoral purposes and/or in a way that could result in third party claims. In particular, it is prohibited to use the 3D City Model of Berlin:

  1. to offer and/or call up pornographic media that involves violence and/or animals (cf. § 184a StGB (German Penal Code)), pornographic media involving children and/or young people (cf. §§ 184b, 184c StGB), as well as any other sexually explicit media involving children and/or young people (for example, so-called posing/softcore images);
  2. to offer and/or call up anti-constitutional and racist, xenophobic and/or race-baiting content;
  3. to insult, slander, threaten (for example, in internet forums or chats) and/or carry out stalking actions (cf. § 238 StGB);
  4. to undertake actions that constitute an infringement of copyright or other industrial or intellectual property rights;
  5. to propagate and/or use spam, DoS attacks, viruses, Trojans and/or worms or other malware or to hack or crack other websites and systems or to use and/or distribute software for this purpose;
  6. to undertake actions that are contrary to the legitimate interests of Land Berlin.

2.4.5
The rights of third parties, especially personal rights, remain unaffected by the granted right of use

2.5 Guarantee and liability


2.5.1
The Licenser does not provide any guarantee that the 3D City Model of Berlin is up-to-date, correct or complete.

2.5.2
The Licenser does not provide any guarantee that the 3D City Model of Berlin is suitable for the Licensee's intended purpose or any other specific purpose.

2.5.3
For each case of damages caused by slight negligence the Licenser is only liable in case of breach of a contractual obligation, the performance of which characterises the Agreement and on which the Licensee can trust, and is limited to foreseeable damages typical for the contract. This does not apply either to damages resulting from the loss of life, physical injuries, damage to health or in cases of mandatory liability, especially if a guarantee has been given.

2.6 Responsibility and indemnity

The Licensee releases the Licenser from all damages and/or claims made by third parties, which are due to unlawful use and/or use of the 3D City Model of Berlin which constitutes a breach of Agreement, unless the Licensee can prove that the unlawful use and/or use in breach of the Agreement was not caused by them. This extends to costs and expenses related to the claim and defence against the claim.



Severability Clause

3. Severability Clause

Should individual provisions of this Agreement be void or invalid in part or in whole, the validity of the remaining provisions shall remain unaffected. Statutory law shall apply in place of the non-included or invalid General Terms and Conditions of Business (§ 306 Para. 2 BGB (German Civil Code)). Otherwise the Parties to the Agreement shall agree to a valid provision in place of the invalid or void provision, which best achieves the economic purpose of the invalid or void provision, provided no supplementary interpretation of the Agreement is overriding or not possible.



Choice of Law and Jurisdiction

4. Choice of Law and Jurisdiction

These Terms and Conditions of Use shall be construed and interpreted according to the laws of the Federal Republic of Germany. The exclusive juridical venue for all disputes concerning rights and obligations arising out of this Agreement, including its validity, provided it is legally permissible, is Berlin.

In case of doubt the German version of these Terms and Conditions of Use are decisive.



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