Date: June 2019
These Terms of Service set forth your rights and obligations with respect to your use of our Services. Any conflicting terms and conditions have no validity. Your contracting party is Soundbag (hereinafter referred to as "Soundbag" or "we"). More information about us can be found at the end of the text.
You acknowledge and agree that the following. Terms of Service constitute a legally binding agreement (the "Agreement") between you as a user (hereinafter the "User" or the "User") and Soundbag with respect to your use of the Soundbag website and the services offered by Soundbag. You represent and warrant to Soundbag that you have the legal capacity to enter into this Agreement. Have the legal capacity to enter into this Agreement.
Soundbag reserves the right to modify, amend, replace or otherwise change these terms and conditions change, amend, replace or otherwise modify these Terms and Conditions at any time. It is the User's responsibility to review the Terms and Conditions from time to time for updates. Terms and Conditions from time to time for updates.
In the future, Soundbag may release new services and/or features. These new features or services will also be subject to these These terms and conditions, as well as any additional Terms and Conditions that Soundbag may publish.
1.1 The Soundbag website and the Services are provided "as is" and "as available" offered. The users acknowledge to use the website Soundbag and the Services at their own risk.
1.2 Our services are available to any person of full legal capacity. available. Persons who are not legally competent, require the Consent of a person authorized to represent.
1.3 Soundbag is intended exclusively for consumers. They may not Be used for commercial activities. It must also not be used for political activities such as party meetings, demonstrations, leafleting or signature campaigns, or the display of political Symbols be used.
1.4 The arrangements and files created on Soundbag are 100% Property of the artists and users who created the arrangement. The User and Artist shall be liable under all circumstances for the for the maintenance of all rights to material which he/she has used from sources other than Soundbag. used from Soundbag.
1.5 The contract for the use of our services is valid for an indefinite period; it serves as a framework contract for all services used by you. Services, which you can access with the access data you have chosen (user name and password). The contract begins when we activate the activate the log-in data selected by you. The contract is not transferable; you may not pass on your access data to third parties.
1.6 When the user registers for Soundbag, he can choose a user name and a password for his user account with Soundbag. The user is solely responsible for maintaining the confidentiality and security of his user name, password and account and for the use of his use of his user name and password, whether or not authorized by the user. User has authorized or not.
1.7 The User shall be liable for all activities and transactions that occur under the User's User's account, except for damages caused by grossly negligent or intentional conduct of Soundbag.
1.8 The user will immediately notify Soundbag in writing of any unauthorized use of his account, including, but not limited to the unauthorized use of his password and username, or any other breach of confidentiality or data security.
1.9 Soundbag may prohibit or remove certain usernames and suspend, with or without prior notice, close the user's accounts if any activity occurs on that account that, under Soundbag, constitutes a breach of of these Terms and Conditions and/or a violation of any other violation of other applicable laws, regulations or third party rights.
All music, tracks, samples, images, graphics, comments and other Content, data or information uploaded, stored or transmitted by the User to transmitted to Soundbag (hereinafter "Content"), are created by the user and not created by Soundbag. The Content therefore remains under the sole Ownership and responsibility of the user.
Soundbag does not claim ownership of any content originating from the user.
The user acknowledges that content uploaded or transmitted via Soundbag may be Transmitted is protected by copyrights, trademarks, service marks, patents or other intellectual property rights and laws.
. The user also acknowledges that copying of tracks or samples from someone else requires the prior consent of the author. The User may not upload, post, transmit or otherwise make available any content for which content for which he does not have the appropriate rights. rights. Unauthorized copying, distribution, modification, public performance or other unauthorized use of copyrighted works by the user can by the user may constitute an infringement of the copyright of the owner and may and may result in civil and criminal penalties. result.
3.1 Soundbag will inform the user about topics of interest in connection with the the use of the Soundbag services, e.g. through the FAQ. The User may also send questions to Soundbag via the e-mail address info-at-soundbag.net.
3.2 Soundbag will from time to time provide the user with important information relating to this this Agreement to the User from time to time. Soundbag will send this information as a rule Generally by e-mail to the e-mail address provided by the user. It is responsibility of the user to keep his e-mail address up to date at all times and to keep his e-mail address at all times and to check his e-mail account regularly. check.
The user represents and warrants to Soundbag the following. points:
The user acknowledges that, to the extent permitted by law, Soundbag shall have no obligation or liability in connection with the content or the User's activities.
User acknowledges and agrees that Soundbag may not review the Content created and uploaded on Soundbag cannot and does not generally review the content created and uploaded on Soundbag also does not review and therefore assumes no responsibility for the Monitoring the website for inappropriate content.
5.1 Soundbag will make every effort to avoid limitations, impairments, interruptions of the connections or other restrictions on the use of the services, insofar as this is technically possible. possible. According to the current state of communication technology, Soundbag cannot Soundbag cannot completely exclude that such restrictions may occur. occur. This applies in particular to contents and transmission media which are beyond the control of Soundbag. are beyond the control of Soundbag. In the event of curtailments which resulting from the actions of Soundbag, Soundbag is liable as set out in clause 9 of these terms and conditions.
5.2 In order to maintain and further develop the Soundbag services, it is temporary restrictions of use are necessary. Soundbag shall always endeavor to endeavors to keep these restrictions reasonable and as low as possible. possible. If use is restricted or interrupted due to maintenance or development work, Soundbag will interrupted due to maintenance or development work, Soundbag will inform the user as early as possible - by e-mail or by other electronic means (e.g. by an announcement on the websites). by means of an announcement on the websites).
5.3 To protect our systems and third parties from harmful programs and content such as viruses, Trojans and spam, Soundbag may take technical protective measures. This also includes the use of filter systems, systems, as far as this is expedient, in particular for the protection of telecommunication and data processing systems.
6.1 Soundbag provides a platform for the publication of the content of the User. For each item of content, the user may, at the time of the the time of publication, to what extent it should be available to other users. should be available to other users. For this purpose, Soundbag offers a number of of different publishing and sharing options that Soundbag considers deems reasonable and practicable.
6.2 Soundbag makes no claim to any rights of use or exploitation in with respect to the contents of the user. Soundbag may, however, distribute content which the user has released to an unlimited group of users, into web content maintained by Soundbag maintained web content, as well as partner websites, if Soundbag considers that this Soundbag believes that such content is of interest to a larger group of Users is of interest. Soundbag will always ask the user for his prior consent.
6.3 Soundbag will apply the license policy in accordance with the specified Creative Commons. Since the user owns all the necessary rights, he will be asked when uploading or saving content, he will be asked to define the scope of further use by third parties by selecting the appropriate copyright license under Creative Commons from Soundbag to select.
6.4 Since the User has all the necessary rights, it may be that the user at a certain point in time within the user's rights management user's rights management on soundbag.net, the user may want to change a license for content which he has already uploaded and published. If the user decides to to further tighten the copyrights of already published content, he agrees tighten, he agrees that this only applies to the future use of the respective content after the date of the license change. A retroactive restriction of a particular copyright is, by definition, not Definition not feasible.
6.5 The User acknowledges that the narrowest copyright license specified by the Author is always the Copyright License is always the minimum requirement for any subsequent license that User would be required to apply in order to further license its Content. license.
6.6 To learn more about Creative Commons, see: http://creativecommons.org/
7.1 The user may use the services of Soundbag only in a manner or for a purpose purpose which does not violate these General Terms and Conditions and does not and does not violate German law or the rights of third parties, in particular:
The distribution of racist or pornographic content, content, glorify or trivialize violence, and immoral content is prohibited. The dissemination of information that may impair the development or development or education of children or adolescents development or education of children or adolescents or which violates human dignity or other interests protected by the Criminal Code is also prohibited. The user may not incite others to commit crimes or give or distribute instructions for Issue or disseminate criminal offenses.
It is forbidden to defame other users, to harass, to slander or to threaten.
By using the Soundbag services, the user may not infringe any copyrights, Trademark or other property rights of third parties. The user may not distribute any unsolicited mass mailings (spam or junk e-mails). The user must ensure that the use of individual functionalities does not does not lead to an impairment of Soundbag, other service providers, networks or other third parties.
7.2 Soundbag is entitled at its own discretion to block, remove or delete user content. block, remove or delete content of users, if there is reasonable suspicion that this content violates legal provisions and/or these General Terms of Use or violate the rights of third parties. As reasonable suspicion is considered in particular the content, which:
7.3 In the event that the User believes that the Content infringes any copyrights, trademark rights, other intellectual property rights or other applicable laws or these General Terms and Conditions of Use, he or she may he/she may report this, such as a possible infringement, by e-mail to info-at-soundbag.net or by mail to Pathlight, Lindenstraße 14, 50674 Cologne, report.
7.4 If the user violates culpably against these general Terms of Use or applicable law, we will take the necessary Take measures. In the case of minor violations, this may be limited to a notice that the user has violated the General Terms of the General Terms of Use, legal provisions or the obligation to consideration has been violated. Serious violations may result in, the user temporarily or completely from using certain functions, from logging in or even from using certain functions, from logging in or even from immediate termination of this agreement. Agreement.
Soundbag may run contests, promotions, sweepstakes and other opportunities on the Site or its services, conduct, host or support. These activities may be subject to separate terms and conditions subject to the event guidelines of the event organizer. . Details of the specific contest, promotion,. Sweepstakes and/or other activities, including a link to the applicable applicable terms and conditions of use will be posted on Soundbag published. It is the responsibility of the user to review these Terms of Service for details and all eligibility requirements. to read. Soundbag bears no responsibility or liability for the actions of any of third parties organizing or otherwise involved in any of these activities. involved in it.
User agrees to indemnify Soundbag, its parent, successors, assigns, affiliates, agents, vendors, distributors, licensees, suppliers, other users and their officers, directors and employees from any and all claims, liabilities, damages, losses, expenses and costs, including reasonable attorneys' reasonable attorneys' fees, arising therefrom:
• Any violation of these Terms of Service.
• Any activity related to the User's account, whether by. the user himself or by another person accessing the account of the User's account.
• Any use of User's Content by Soundbag Users or. other persons or third parties under these Terms, including, but not limited to, claims by third parties of infringement of copyrights or other intellectual property rights or invasion of privacy.
User irrevocably waives any right to assert any claim against Soundbag or its respective parent companies, Subsidiaries, affiliates, successors, assignees, employees, agents, directors, officers or shareholders with respect to any Soundbag-generated, uploaded, uploaded, transmitted or otherwise used on Soundbag, including, but not limited to, copyright, trademark, unfair competition, invasion of privacy, breach of contract or breach of Privacy, breach of contract or breach of confidentiality.
10.1 Soundbag complies with applicable data protection laws and -regulations. We will only use the user's personal data for the purpose of the provision, use and billing of our services, unless there are unless there are legal grounds for further use of this data or the user data or the user gives his or her express consent to such an additional use of his data.
10.2 Soundbag shall store personal data of the user only as long as permitted by law. Soundbag will not store the personal data of the user, with the exception of the name of the user and - if provided for payment purposes - the bank details of the user, no later than six months after termination of the contract. The reason for longer storage of the User's name and bank details is, is that unauthorized persons may not use the user's data to register with Soundbag. may use them. If the user wishes that his data is not stored for this longer period of time, he can object to its storage even after the termination of the termination of the contractual relationship. For this purpose the user should send an e-mail to info-at-soundbag.net.
10.3 In order to provide the user with an optimal registration and usage experience Soundbag may, among other things, use cookies for the collection, processing and Use of data.
11.1 Most of Soundbag's services are free of charge. If for a fee is charged for a particular service, Soundbag will always inform the user of the user about prices and functions before the user makes use of the service. makes use of the service.
11.2 If the user has notified Soundbag of his bank details, he authorizes Soundbag the amount due for the use of the chargeable services by direct debit or credit card by direct debit or credit card debit.
11.3 If Soundbag cannot collect the amount due with the account details provided by the user or if the account data provided by the user or if the direct debit authorization is prematurely revoked without alternative payment details being provided, Soundbag is Soundbag is entitled to deny access to the user. The same applies, if the user is in arrears with a large amount during one month. gets into arrears. Soundbag will lift the block as soon as payment of the outstanding amount is received. outstanding amount has been received. The costs of a return debit note are to be reimbursed by the user.
11.4 On the invoice for the remuneration due, the user shall raise objections against the invoice amount within six weeks after receipt of the invoice. invoice to raise. The reasons for the objection shall be stated. If he fails to raise objections within the set time limit, this shall be deemed this as acceptance of the invoice.
The legal relationship between Soundbag and the user shall be governed by the Federal Republic of Germany to the exclusion of the Convention of the of the United Nations on contracts for the international sale of goods (CISG) and excluding the principles of conflict of laws (international private law).
Should one or more provisions of these General Terms and Conditions shall be unlawful, void or unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of these General Terms and Conditions. The remainder of the Terms and Conditions shall continue in full force and therefore in full force and effect.
13.1 The user can terminate this contract with a notice period of two weeks. terminate. To terminate the agreement, the user should contact our Service Department at the address given below or send an E-mail to info-at-soundbag.net.
13.2 Soundbag has the right to terminate the agreement with the user without notice if the if the user culpably violates these General Terms and Conditions of Terms of Use or against applicable law and Soundbag is no longer in the is no longer able to reasonably comply with the contract. Soundbag also has the right to a statutory notice of termination with a notice period of two weeks to terminate this agreement. The notice of termination shall be sent by e-mail to the User's specified e-mail address.
13.3 If Soundbag terminates the agreement, the user can only register again with the express consent of Soundbag again for the services of Soundbag. register. Soundbag users are not permitted to offer former Soundbag users to whom Soundbag has sent a termination notice, access to the Soundbag services. to the Soundbag services.
13.4 Upon effectiveness of the termination, the user can no longer use the services of Soundbag no longer be able to use them. After termination of the agreement Soundbag will initially block the content stored by the user. The content will be deleted within six months after termination of the agreement.
13.5 The right of the user to terminate the agreement for cause remains unaffected.
13.6 Soundbag reserves the right to temporarily suspend its website and/or services (or any part thereof) at any time and without prior notice, temporarily or permanently suspend, discontinue, terminate or close down. The User agrees that Soundbag and its respective parent companies, Subsidiaries, affiliates, successors, assignees, employees, agents, directors, officers and Shareholders shall not be liable to User or any third party for any suspension, suspension, discontinuance, termination or closure of Soundbag and/or the ability to use or access Soundbag. be held liable.
14.1 In view of the constant changes in internet-based services, Soundbag reserves the Soundbag reserves the right to change our General Terms of Use, Features and prices to change. This applies in particular if the changes legal or economic disadvantages for the user, e.g. user, e.g. in the case of changes to the registration process, Changes to contact details or the inclusion of additional services.
14.2 Soundbag will inform the user in good time of any important changes to of these General Terms and Conditions or of functions or prices. inform. This information will be sent by e-mail to the e-mail address e-mail address provided by the user.