1. AREA OF APPLICATION
1.1 These conditions of use govern the legal relationship between the GERMAN MUSIC COUNCIL (hereafter: PROVIDER) and the USERS of the EUROPEAN MUSIC PLATFORM (hereafter: PLATFORM) and apply to any use of the PLATFORM and the services, contents and facilities it makes available (hereafter subsumed as: SERVICES). Unless the PROVIDER has agreed explicitly and in writing to their validity, the PROVIDER does not recognise any alternative conditions referred to by the USER.
1.2 Individual SERVICES can be made available in cooperation with other partners. Under certain circumstances and supplementary to these conditions, further conditions may be applied that shall be referred to specifically in each case.
2. RESPONSIBILITIES OF THE USER
2.1 The USER may only use the services in such a way or for such a purpose that does not infringe against valid German law or violate the rights of the PROVIDER or of third parties. This applies in particular to the dissemination of contents that are pornographic, that glorify or trivialize violence and are racially offensive or are unethical. It is also not permitted to insult, harass, slander or threaten third parties. The posting of unsolicited mass communications such as spam mail is strictly prohibite.
2.2 In using the services made available, the USER is obliged to supply information that is in all cases accurate and complete, in particular with reference to age, names and addresses. This applies particularly to any registration for certain SERVICES made by the USER and to information that the USER makes available to the general public.
2.3 By sending legally protected material such as texts, pictures, videos, audio files or software to the PLATFORM and granting the PROVIDER or third parties such as other USERS certain rights to this material, the USER is stating specifically that he or she is entitled to grant these rights and has obtained full authorization to do so.
3.1 The USER grants the PROVIDER the required non-exclusive, worldwide and perpetual licence to use the material entered exclusively for the purpose of providing the services offered on the PLATFORM and only to the extent necessary to accomplish this. This includes, for instance, the storage, reproduction and making public of any material or information. The license to make information public terminates at the point in time when you remove the material or information provided from the PLATFORM.
3.2 The PROVIDER is entitled to process the material provided by the USER to make it readily accessible to other users and will if necessary process the material in such a way as to make it convertible into other formats or previews, as for instances, for thumbnails.
3.3 The contents of the PLATFORM are visible to all USERS. This does not imply that the USER may download or make any other use of this material. All copyrights and intellectual property rights are retained by the entitled party. In cases where use has not been explicitly authorized in a specified case, the USER it not entitled in particular to publish material in whole or in part, process, disseminate, make it public or use it for advertising purposes or commercial exploitation and/or permit third parties to undertake these activities. This applies in particular to all texts, software, source codes, photos, videos, graphics, music and sounds and individual parts thereof.
4.1 The PROVIDER will use the personal data of the USERS solely for the provision, use of and, if relevant, invoicing of SERVICES unless the USER has explicitly consented to further use of the data. Personal data are only stored for the period admissible by law.
5. WARRANTY AND LIABILITY
5.1 The PROVIDER accepts no responsibility for the content, currency, completeness and/or availability of the SERVICES made available. This applies particularly to the SERVICES offered by third parties.
5.2 The PROVIDER is only liable for any damage caused by gross negligence or wilfully. Compensation is limited to typical, foreseeable damage. Notwithstanding this provision, the PROVIDER is liable for any negligent infringement of fundamental responsibilities and upon assuming any legal quality warranties (Section 443 Civil Code). However, the PROVIDER is not liable for damage due to minor negligence in the case of services provided free of charge.
5.3 Liability for damages in respect of injury to life, body or health and liability following from the Product Liability Law remain in any event unaffected by the aforementioned provisions.
5.4 In particular the USER is liable for any damages resulting from breaches of the use and transferral of SERVICES provisions contained in sections 2 and 3.
5.5 The USER exempts the PROVIDER from all claims asserted by third parties against the PROVIDER on the grounds of inadmissible use or any other infringement on the part of the USER. Exemption also includes the appropriate costs of prosecution or rejection of claims. The USER will support the PROVIDER or legal successor in any judicial or extrajudicial assertion of rights acquired vis a vis third parties and supply the required information, documentation and if required undertake the necessary relinquishment of rights to the PROVIDER or take steps to bring about such a relinquishment.
6.1 The law of the Federal Republic of Germany applies to all legal relations between the contracting parties.
6.2 The written form for these provisions is the text form defined by Section 126b Civil Code (BGB) as applied to emails, telefaxes, text messages, etc.