These pages specify the
KLEIO TERMS AND CONDITIONS OF SERVICE / DATA PROTECTION POLICY
whereby you, as a visitor or registered user, use our services, our website, or any application that we provide, hereinafter referred to collectively as “kleio”.
Please read these TERMS AND CONDITIONS OF SERVICE / DATA PROTECTION POLICY carefully before you use kleio: By accessing kleio, you agree to be bound by and comply with these TERMS AND CONDITIONS OF SERVICE / DATA PROTECTION POLICY.

1) INFORMATION ABOUT THE COMPANY
kleio has been developed as a collaboration of the beryll ag (beryll.me) and the non-profit association kleioforum. The beryll ag was founded in 2008 in Switzerland by the artist Anina Schenker. beryll ag is known for its digital tools for culture. In 2011, beryll ag launched a web application for cultural players. In 2013, the non-profit association Kunstunion (today kleioforum) was founded, also on the initiative of Anina Schenker. In collaboration the research and preliminary sketches were used to program the web application that is now available at kleio.com. For more information about us, see kleio.com and kleioforum.com.

2) AVAILABILITY TO KLEIO
Should access to kleio be unavailable for any reason at any time or for any period, we are not liable for damages or any form of losses. If we have to perform maintenance, upgrades, or other support, we are allowed to discontinue the service without any prior notice for a certain time. Naturally we will aim to do this work during off-peak hours and finish as quickly as possible.
If you open an account or access kleio as a legal entity, i.e., on behalf of a company or an organization, then:
A. “you” refers to you and this organization;
B. you thereby affirm that you are entitled to agree to comply with the TERMS AND CONDITIONS OF SERVICE / DATA PROTECTION POLICY in the name of the organization. The organization is thereby fully bound to comply with the TERMS AND CONDITIONS OF SERVICE / DATA PROTECTION POLICY.
Whether setting up an individual account as a natural person or on behalf of a company or organization, you are responsible for keeping track of the respective login information. If you suspect any abuse related to your login information, please contact kleio immediately.

3) ACCEPTABLE USE POLICY
kleio may only be used within the governmentally regulated context, and you must respect the applicable local, national, and international laws or regulations. You are not allowed to use, send, knowingly receive, upload, or download any material that does not meet our content standards as defined under Section 5.
As well, you agree not to access kleio without the corresponding permission. As well, you agree not to disrupt, damage, or destroy kleio.

4) UPLOAD DATA / DATA SECURITY
In kleio, you can upload, link, save, and publish images, documents, videos, audiofiles, comments, links, and other information. Everything that you upload, link, or make publically available via kleio will be specified as USER CONTENT. All rights related to such USER CONTENT are retained by you, and you alone are responsible for the USER CONTENT that you upload, share, and publish via kleio.

As soon as you upload, share, or otherwise make USER CONTENT public on kleio, you expressly declare that you have any and all of the required permissions to do so. We from kleio are not responsible for obtaining any necessary licenses or permissions for USER CONTENT and may not be held liable in any way. In case of any copyright infringement concerning USER CONTENT, we reserve the right to remove the respective USER CONTENT that you have uploaded, shared, or otherwise made public. Furthermore, in case of any such copyright infringement, you hereby agree that we are allowed to disclose your contact information to the copyright owner.

Although many still believe otherwise, data stored on an external server is more secure than that saved on a personal computer or external harddisk. In order to ensure the upmost protection and security of your data, we expressly collaborate with highly reliable server providers and make every effort to ensure the highest possible protection and security of your data. Nonetheless, we cannot assume any guarantee for your data. Should your data be damaged or lost, we waive any liability.

For kleio Professional accounts with very large amounts of data, we will contact you individually and invoice you for an additional storage space package.

5) CONTENT STANDARDS
These CONTENT STANDARDS apply for any and all USER CONTENT that you publish via kleio. Any and all such public release of data must respect applicable Swiss laws and regulations and the country from which it is uploaded.

Uploaded data may not contain Material which:

• is defamatory, obscene, offensive, hateful, or be discriminatory or support or incite violence on the basis of race, gender, religion, nationality, disability, sexual orientation, or age.
• violate copyrights or database rights.
• serve to carry out unlawful, deceptive, malicious, or discriminating acts.
• violate the right to privacy of other persons or threaten or in any way intentionally provoke, annoy, inconvenience, embarrass, or cause another person to fear
• infringe the copyrights of third parties.
• provide false personal information or serve to impersonate another, e.g., to create an account for another person without his or her permission.

User content that violates the above terms will result in a warning. Failure to act on this warning will result in the said Content or Account being deleted by us.

6) ACCOUNT SUSPENSION OR DELETION
Failure to comply with Section 3 ACCEPTABLE USE POLICY and/or Section 5 CONTENT STANDARDS will be considered as a violation of the TERMS AND CONDITIONS OF SERVICE / DATA PROTECTION POLICY. Such failure can have one or all of the following consequences:

• you will receive a cease and desist notice from us;
• your kleio account will be temporarily or permanently suspended or deleted with immediate effect;
• your USER CONTENT that has been uploaded with kleio will be temporarily or permanently removed with immediate effect;
• legal proceedings may be initiated against you.

Free kleio accounts that are inactive and are not reactivated when contacted by the kleio team will be checked after one year and might be deleted.

7) INTELLECTUAL PROPERTY RIGHTS
We are the owners or license holders of all copyrights to kleio. Through copyright laws and treaties, these copyrights are protected throughout the world. All rights reserved.
We respect the intellectual property rights of others and expect that our users do the same. Should any user repeatedly violate the intellectual property rights of third parties (according to our sole discretion), we reserve the right to deactivate the account of the respective user.
If you believe that an entry published with kleio infringes your copyright, please contact kleio. Identify the copyrighted entry(s) that you believe have been infringed.
Provide your postal address, phone number and email address.
In order to support your claim, we might need to ask you for further information. In respecting your claim, we will take every measure that we consider necessary and appropriate, including removing the disputed material from our website.

8) RELIANCE ON INFORMATION POSTED
Comments and USER CONTENTS, which have been made publically available with kleio, are subjective and thereby have relative reliability. Any reliance on this information is strictly at your own risk, and we therefore reject any liability or responsibility to you for the consequences of your reliance on this information.

9) OUR LIABILITY
We have taken extreme care in setting up kleio. However, we assume no liability for errors or omissions regarding the content or technical problems. If you should find anything inaccurate and notify us, we will aim to resolve this issue as soon as possible. To the full extent permitted by law, we assume no liability for losses or damages incurred by you or a third party in connection with kleio or related to a linked website or contents.

10) DATA PROTECTION
kleio.com uses Google Analytics, a web analytics service of Google Inc. (GOOGLE). Further information to be found under GOOGLE TERMS – LINK: https://policies.google.com/technologies/types.
The data collected by Google Analytics is not evaluated by us either in detail or in a personalized form. Instead it is looked at as only as a whole in order to undertake anonymized statistical evaluations. This data is not passed on, given away, or sold to third parties.

When you create a kleio account, we solely save information that you have provided to us by completing forms on our website or web application. This includes information at the time of your registration on kleio, e.g., name, address, email address, language, fields of activity, disclosed URLs, etc. This information will also not be given, given away or sold to third parties.

Insight into your data:
When we transfer data from kleio or conduct other services, we might gain access into parts of the information you have entered. All kleio employees are obliged to respect the confidentiality of this information, and we do not sell, give away, or pass on any data to third parties.

In the case of inquiries to support, consent can be given to view the account and thus parts of the content.

All Field contents with index functions (such as category, material, language, tags, technique, type, etc.) are visible to kleio employees.
By opening your kleio account you give us your permission to do this.
For further questions please contact support(at)kleio.com.

11) MAKING USER CONTENT PUBLIC, USING KLEIO
In kleio, content (except for the profile record) is not visible on the Internet by default. kleio offers the possibility to make your USER CONTENT publicly visible, either by publishing it on your “.kleio.com” website or by displaying the USER CONTENT on your personal domain or by linking to your own design.
You can also use kleio completely invisibly by setting your kleio website to invisible.

12) LINKS FROM OUR OR YOUR WEBSITE
Links to other websites and resources that have been entered by users or third parties are displayed without any responsibility or liability of kleio. We have no control over the content of third-party websites or resources and assume no responsibility for these as well as for any losses or damages that might result through their use.

13) JURISDICTION AND GOVERNING VENUE
The legal relationship between the beryll ag and the user is to be exclusively construed and governed by the laws of Switzerland.
The exclusive venue for any and all legal disputes, actions, or proceedings shall be the domicile of beryll ag; however, beryll ag reserves the right to bring legal action or proceedings against the user through any other court in the user’s domicile or place of business.

14) FINAL PROVISIONS
Should one or more of the provisions of these TERMS AND CONDITIONS OF SERVICE / DATA PROTECTION POLICY prove to be invalid, this shall not affect the enforceability or validity of the remaining provisions. In such a case, the contract partners agree that a provision will be substituted which is nearest in meaning to the one that was originally intended by us as the contracting parties.

15) REVISIONS AND CHANGES OF THE TERMS AND CONDITIONS OF SERVICE / DATA PROTECTION POLICY
We reserve the right to change our TERMS AND CONDITIONS OF SERVICE / DATA PROTECTION POLICY. You will be informed of any significant changes by e-mail. If you continue to use the services for 30 days after the changes come into effect, you agree to the amended conditions. Otherwise, you have the right to delete your user account.

beryll ag reserves the right to adjust the subscription prices if necessary. Users will be notified of such an adjustment by e-mail at least 30 days before it comes into effect. If users do not agree with the price adjustment, they can cancel the subscription at any time with effect from the following payment date.

16) YOUR INTERESTS
If you have any concerns regarding materials displayed on kleio, please feel free to contact us: support(at)kleio.com. We would be happy to assist you.