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Preamble
These General Terms & Conditions of Business regulate participation in and use of www.bandplanet.com and the corresponding legal relationships between the user and www.bandplanet.com, or the operator of this service.
1. General guidelines
All statements, images, sound recordings etc. published on www.bandplanet.com are protected by copyright law or by other laws for the protection of intellectual property. Any form of use or publication requires the approval of www.bandplanet.com. The operator of www.bandplanet.com accepts no liability for improper statements. The conditions of participation in the competitions are to be strictly observed.
2. Membership
The member listing is valid for a period of twelve months. Thirty days before expiry of the database entry www.bandplanet.com notifies users by e-mail. Unless membership is extended appropriately www.bandplanet.com deletes the database entry after a period of grace of 30 days has elapsed. The user is responsible for each use of www.bandplanet.com which takes place under his user name. Accordingly, the password should be chosen in such a way that the risk of misuse can be minimized. The burden of proof for responsibility on the part of the operator of www.bandplanet.com lies with the user or with the owner of the user name. If indications of misuse arise, then the user is obliged to report this to the operator of www.bandplanet.com.
3. General terms and conditions of use
www.bandplanet.com declares itself willing to publish the material uploaded by the user and to have this promoted by the www.bandplanet.com community. The user retains all rights to his material. www.bandplanet.com is given solely the right for the duration of this agreement to make the material available on the www.bandplanet.com server under the conditions (song-distribution options) stipulated individually by the user.
Each registered www.bandplanet.com user can enter content which is appropriate to the sense and purpose of the site. In order to be able to deal with the mass of data, only random samples of the content entered can be checked. www.bandplanet.com accepts no responsibility for this being correct, complete, relevant to the context and legally unobjectionable. The operator of www.bandplanet.com reserves the right to delete any content entered, should this appear necessary.
By agreeing to these General Terms & Conditions of Business the user warrants that he will comply with these, and neither make statements nor enter contents which are false, improper, racist, vulgar, obscene or threatening, or glorify violence, promote extreme political views, include explicitly sexual content, affect a person’s private domain or in any way contravene existing laws.
The private provider of sound recording media or software undertakes not to upload to the exchange products that infringe copyright or other legal provisions. Uploading to the exchange of pirate copies or products whose contents are racist, explicitly sexual or which glorify violence is specifically prohibited. band-planet declines all liability for violation of the law in this respect.
Furthermore, the user agrees to enter only content for which he possesses the copyright or which is freely available. Notwithstanding the possibility of checking the contents, and of rejection of responsibility for the contents inserted, the operator of www.bandplanet.com reserves the right to delete entered contents without giving reasons for this. The user remains responsible for the contents entered by him and releases www.bandplanet.com or the current operator of the site, and also associated companies, organs or employees from any liability towards third parties which derives from the content entered. Furthermore, www.bandplanet.com reserves the right to pass on to third parties the user data to hand, such as name and address for example, should a complaint or legal proceedings arise resulting from the content entered. www.bandplanet.com also reserves the right to terminate the business relationship with the user with immediate effect and without compensation, should the latter fail to comply with the rules laid down in these General Terms & Conditions of Business and with the relevant Swiss and international legislation.
By registering with www.bandplanet.com the user acknowledges the validity of the latest version of these conditions of use at the time. www.bandplanet.com reserves the right to vary these conditions of use. The most recent version can be found on the site at all times. If the General Terms & Conditions of Business are changed, each user will be informed by e-mail.
3.1 What may be uploaded?
For all contents which are placed on www.bandplanet.com, the copyright and other rights of use must lie with the user. If the user is not himself the author, then he is obliged to obtain the written agreement of the holder of the rights.
3.2 Cover versions
Basically cover versions of other artists’ songs may not be published without the written consent of the author (composer/songwriter) or of the music publisher with whom the relevant rights lie. Cover versions may only be uploaded onto www.bandplanet.com as password-protected work-samples in lo-fi streaming, in order to use these for private purposes. Anyone who publishes his passwords in the forum or anywhere else thereby allows free access, which is tantamount to unauthorised publication.
3.3 Remixes
Remixes which make use of original music or original text may not be published on www.bandplanet.com. Exceptions are possible only with the written consent of the holder of the rights and these must be sent to www.bandplanet.com immediately.
3.4 Use of samples
As a general principle, taking parts from another person’s composition or from another person’s recording (sample) is not permissible under copyright law. If a piece of music includes samples of another person’s recordings or of commercially usable sampling-CDs, then the user warrants that he has licensed the sample (that is to say acquired it legally from the third-party), or has undertaken so-called “sample clearing”. This means that the user has expressly applied to the holder of the rights for consent for use and has received written authorisation for the use. The operator of www.bandplanet.com, or his organs or employees, are released from all liability for unauthorised use.
3.5 Arrangements
In a similar way to the rule relating to cover versions and samples, in the case of arrangements also (variations of existing compositions/texts, translations etc.) the user must obtain the consent of the holder of the rights. In the case of questions about who holds the rights, the copyright association responsible for the user (SUISA etc.) provides information.
3.6 Rights to the recordings
It should be noted that when publishing pieces of music, it is not only the rights of the composer and songwriter which are affected (see Clause 3.1 to 3.5), but also those of the sound-recording medium producer (“record company”). The user who already has a contract with a record company is as a rule not entitled to publish the recordings on a platform such as www.bandplanet.com without the authorisation of the record company. Therefore the user is obliged to obtain this authorisation. In the event of infringements, www.bandplanet.com refuses all liability.
3.7 Commission and sales payments
Settlement takes place at six-monthly intervals within 3 months from the end of the calendar half year. For reasons of cost-effectiveness, if the amount of the settlement in a settlement period is less then US$ 50 / € 50 / CHF 50.00, payment will not be made and the amount will be carried over to the next settlement period.
4.0 Warranty and exclusion of liability
By the use of www.bandplanet.com the user warrants that all material uploaded by him (music, texts, images) is free from the rights of third parties. The use of this service takes place at the user’s own risk. www.bandplanet.com accepts no liability for damages which arise from the publication of material which has not been appropriately released or which is protected against free access. The user alone is responsible for the consequences of such infringement of rights. Should the operator of www.bandplanet.com, an organ or an employee be sued by third parties for any infringements of rights, then the user to whom the infringement is attributable releases the operator, the organ or the employee from all claims which are brought against the latter and is liable for the corresponding damages.
I hereby confirm that this musical recording has not been published commercially and that no recording medium producer possesses rights to this recording. I undertake to inform band-planet immediately should this musical recording be published commercially.
The operator of www.bandplanet.com provides no warranty for and accepts no liability of any kind for all information which is made available by users on the www.bandplanet.com portal. Nor is the operator of www.bandplanet.com liable for impairment of the functional performance of the service provided or of parts of this (because of technical problems, server failures, transmission errors etc.), technical faults or damage of any kind caused, which are associated with the use of www.bandplanet.com.
5.0 Data-protection declaration
Information held in the www.bandplanet.com operator’s database is accessible only via the www.bandplanet.com search engine.
Addresses, telephone numbers and e-mail addresses are not published openly, but in the case of specific enquiries sent to the enquirer by e-mail. The operator of www.bandplanet.com complies fully with the legislation in force, in particular with telecommunications and data-protection law. All user data are gathered, stored and processed solely for the purposes related to the subject of the contract. They are passed on to third parties only with the express consent of the user, or in so far as legal obligation to do so exists.
5.1. Consent to data storage and possible revocation
By entering personal data in the application for use and acceptance of these General Terms & Conditions of Business the user agrees to the storage of his data in accordance with the data-protection declaration set out above.
The user has the opportunity of calling up and printing out the content of his consent (this text) at any time. He has in addition the right to be given information free-of-charge concerning the personal data about him which is stored. In this case he can apply to privacy(at)band-planet.com. The user has the right at any time to revoke his consent to the storage of his data, with future effect. Revocation should be sent in writing to band.planet, c/o cherry.production AG, Wallisellerstrasse 301a, 8050 Zurich, Switzerland, or to info(at)band-planet.com.
6.0 Reservation
www.bandplanet.com reserves the right to vary the price and availability of the products and services offered here without informing the users separately. The offers and prices which are valid at any time can be found on the site.
6.1 Links
Despite careful monitoring of content, the www.bandplanet.com operator can accept no responsibility for the content of associated links. The operators of the links are exclusively responsible for the content of the linked pages.
7.0 Place of jurisdiction
Place of performance and place of jurisdiction is Zurich. Swiss law applies exclusively. The German version of these General Terms & Conditions of Business is definitive.
band.planet
Cherry Production AG / inc,
Wallisellenstrasse 301a,
Switzerland
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