for the use of the internet platform regiomusik.de
1. Operator, object and scope of operation
2. Liability for content and links
2.1.The content of this website is created with greatest possible diligence. However, the operator does not warrant the correctness, completeness and actuality of the provided content. The use of this website’s content is at user´s own risk. Contributions labelled by name reflect the author’s opinion and do not always reflect the opinion of the provider. The contents of our sites have been created with greatest diligence. However, we cannot warrant the correctness, completeness and actuality of the content.
It is virtually impossible and unreasonable to guarantee a perpetual surveillance of external information particularly submitted or saved by third parties and to continuously search for circumstances that indicate an unlawful content or circumstances. As soon as these circumstances become apparent and upon notification of respective violations of laws we will immediately remove such content.
2.2.The operator will neither assume liability for content and programmes that are broadcast on the website regiomusik.de, nor for consequent damages, unless the operator causes these damages intentionally or by gross negligence. This is valid for all kind of damages, especially for damages caused by fault, delay and interruption of transmission, malfunction of technical equipment and interruption of services, incorrect content, lost or deletion of data, viruses or in other ways that can occur in the use of this online service.
2.3.This website contains connections to websites of third parties (“external links”), whose design the operator has no influence on. These websites are subject to the liability of their respective operator. The operator has examined these external links on first connection for possible statutory violations. At this point of time, no statutory violations were apparent. The operator does not have influence on the actual and future design, content, correctness, lawfulness and functionality of those connected pages on third parties` internet sites. The inclusion of external connections does not mean that the operator adopts the contents behind that reference or link as its own. In fact, the operator expressly distances itself from third parties` content. For the operator, a perpetual control of these external links without concrete notification on statutory violations is impossible to achieve. Once knowledge of statutory violations is gained, these external links will be deleted immediately.
3. Data protection
3.1. Collection, processing and use of personal data
While using our general online service, no personal data will be gathered, processed and/or used. Personal data will not be gathered unless you volunteer to disclose them to the operator. The operator processes and uses these data only insofar as it is required for the performance of the respective service.
3.2.Collection, processing and use of usage data
Usage data are files that are not volunteered actively but that can be collected passively, e.g. while you are moving though a website, such as the domain name or the IP address of the inquiring computer, the file inquiry of the client (file name and URL), the http-answer code and the internet site from which you visit us as well as the date and the duration of your visit. The storage happens to trace malfunctions or an abuse of our online service and our telecommunication services/equipment as far as they are necessary for the dial-up of further connections and/or means of accounting. There is no evaluation of your usage data unless you have expressly agreed thereto. In case of malfunctions or an abuse we reserve the right to file a complaint to the criminal prosecution authorities. Beyond this, no use in or circulation of usage data will take place.
3.3.The use of contact information that has been published within the scope of the duty of imprint by third parties in the way of sending non-demanded advertisements is expressly objected to herewith. The operator of the page expressly reserves the right to take legal measures in case of a unsolicited sending of advertising information, such as by spam mails.
4. Copyrights on content created by the operator
4.1.The operators of the sites respect the copyrights of others and will use their best efforts to rely on self-created works as well as works free of license. The content and works created by the sites` operators are subject to German copyright law. Contributions of third parties are labelled as such. The reproduction, editing and processing and each kind of utilization beyond the borders of the copyright law require the respective author’s or creator’s acquiescence in written form.
4.2.The offprint and the utilization of content as well as the use of the photos are not allowed without the operator’s express permission.
5.1.The operator reserves the right to delete band entries from its data-base files if they are apparently not seriously meant or are aiming, or are suited to, disturb the operation of the internet platform Regiomusik. The same applies to double entries, for which the operator also reserves to delete.
5.2.The operator reserves the right to immediately and without announcement delete contents of users and/or about users, no matter what kind, that are unlawful, offensive, defamatory, immoral or likewise suitable to harm the internet platform’s reputation or affect the operation. Bands with extremist (in particular right-wing extremist contents), violence glorifying or sexist lyrics will be deleted without notice. Furthermore, band entries consisting of special characters such as quotation marks in order to cause a position of a superior rank in an abusive way will be deleted.
6.1.By the uploading/saving of a location entry the registering person declares to be the legal owner of this location (restaurant, disco, pub etc.) or to possess the authorization from the owner of this location or from another authorized person to make or administer such an entry. The making of an entry without permission is forbidden.
6.2.If it is discovered that a location entry has been placed in a forbidden way and without permission of the owner and authorized person, the operator reserves the right to immediately delete or transfer the entry to the authorized person.
7.1.The operator reserves the right to delete user entries from his data base files if they are apparently no meant in a serious way or are aiming to or suitable to disturb the operation of REGIOMUSIK or are used for such means.
7.2.Likewise, double entries will be deleted without warning or notice. User names with extremist (in particular right-wing extremist contents), violence glorifying or sexist allusions will be deleted without notice.
8.Responsibility for content / indemnity
8.1.The user alone is responsible for content he provides.
8.2.Every user undertakes to refrain from using the service of www.regiomusik.de to publish content which is or for which the placement of is advertisement concealed as opinions, unobjective, intentionally untrue, defamatory, derogatory, slanderous, objectionable, or pornographic or that constitutes a statutory offence, that violates rights, in particular patent-, copyright-, trademark-, performance protection-, and labelling-rights of third parties, that contains viruses and other computer programmes that affect the functionality of external computers, that is a survey or chain letter that is intended to collect personal data from users without their respective permission for commercial reasons, to save, or to utilize, or that otherwise violates the laws or rights of third parties.
9.1.The user may upload songs that have not been registered at the GEMA or another registration authority. The uploading of songs that have been registered at the GEMA or another place of registration (also abroad) is not allowed. By the uploading (upload) of data the user ensures that the song made available by him is free from rights of third parties. Moreover, the user acknowledges and guarantees that the publishing will not trigger further obligations or liability of the operator towards the user as well as third parties. In particular, the user ensures, but not excessively, that the songs provided by him for publishing are GEMA-free. GEMA-free songs are musical tracks, whose author (composers, poets, arranger, etc.) has not mandated the “Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte” to advocate for the protection of the rights of use in a fiduciary way.
9.2.In case the songs provided by the user of Regio-Charts do not comply with the requirements stated in paragraph 9.1 and trigger claims of third parties, no matter for which legal reason, in connection with the publishing of these songs, the user will fully indemnify the operator from the respective claims of third parties on first demand and undertakes to indemnify the operator on first demand for all consequent damages and expenses, especially possible GEMA-fees for uploads published by the user. Other claims belonging to the operator, in particular claims for damages, remain unaffected hereof. In this case the operator reserves the right to inform the author/band/interpreter and/or the publishing company and/or the collecting society to which the respective rights belong.
9.5.Furthermore, the operator does not assume liability or claims for non-compliance of the user, especially not towards the GEMA or other places of registration. The user of this online offer alone is responsible for the uploaded Mp3 files. The operator does not assume responsibility for claims possibly arising from or damages caused by the online service. All claims will be handed over to the respective user. The uploaded Mp3 files can neither be downloaded (copied) nor be shared. For a definite approval of a person an email is sent to the respective user’s email address after every upload of an Mp3 file. In this email a confirmation link has to be activated. The uploaded Mp3 file will not be unlocked and shown on the play list until this link is activated. Regiomusik does not assume liability for lost data.
9.6.Concession of rights to the operator concerning uploads
The uploading user concedes to the operator by executing the upload easy, regionally-indefinite and temporally-indefinite rights of use concerning the uploaded work to the extent necessary to operate the services and features of the platform Regiomusik. In particular, the uploading user grants the right to publish the work on the internet site and to reproduce it and make it publicly accessible in necessary scale. The uploading user does not receive any payments for the concession of the rights of use. The expression “make publicly accessible” in particular means the provision of a play back facility on the internet platform in such a way that audio and/or video files provided within the internet browser on the site can be played for the purpose of information about interpreters and works and sample-listening for the purpose of voting. Making content available for download, i.e., for reproduction, saving and copying by the user, will not be subject of the concession of rights of use without an express agreement.
9.7.Use of the uploads by users
The uploaded files are only provided for the purpose of information concerning the works and interpreters and sample-listening for the means of the voting for the REGIOMUSIK-Charts on the operator’s internet site and for play-back within the browser when visiting the internet site.
The user is not entitled to reproduce, to download for the purpose of saving, to save or to copy the files unless files are expressly provided for downloading. In all such cases the concession of rights, which will be provided as audio or video file for play back or to download, will be directly granted by the uploading user to the downloading user. Concerning this matter, the operator and the platform www.regiomusik.de are only taking the role of a middleman in declaring the uploading user’s offer that lies in the granting for publishing in the way of providing the technical platform. The user who plays back files in the browser or – as far as expressly permitted – downloads files, accepts herewith the uploading user’s offer of concession of the respectively necessary rights of use by starting the download procedure.
10 Chart voting
10.1 It is expressly prohibited to influence the voting by using scripts of all kind. When the manipulation of the chart voting committed by a user is discovered the respective band will be excluded from the voting and all votes will be considered to have lapsed. The band will be banned from voting.
10.2 The operator reserves the exclusive right concerning the decisions about the exclusion and reduction of votes. The operator is at no time obliged to give evidence concerning the manipulations. The burden of proof concerning the fact that there has been no manipulation is on the holder of the band entry. The operator is at no time obliged to obtain representations. The operator reserves the right to exclude band entries from the chart voting which have been at first position for more than two months in order to guarantee a fluctuation of bands.
11 Small advertisements
11.2 An obligation of www.regiomusik.de in connection with the concluded contracts does not come into existence. The operator does not assume any liability for the actuality, correctness, completeness or quality of the provided information. The relationship of utilization comes into existence by the placement of an entry/advertisement from the entry site or by retrieval of an advertisement/entry from the website regiomusik.de. The user undertakes to give solely truthful information in the placed advertisements/entries. The use of the internet offer of regiomusik.de is solely at the risk of the user.
12.1 The operator tries hard to keep its chat free of offensive, racist, sexist or otherwise illegal or absurd language by close examination and moderation. However, a complete exclusion of such comments is not always possible. Thus, the operator does not assume liability for utterances submitted by the users of the chats and the forums.
12.2 All users are not allowed to spread insulting, slanderous, threatening, racist, pornographic, violence- or drug-glorifying or other illegal utterances and to put links on such contents, respectively.
Every user is obliged to comply with the existing laws (e.g. criminal law, legal protection of children and young persons, law of trademarks, copyright law, unfair competition etc.). Use for commercial purposes is not permitted.
12.4.The users of the chat commit themselves to objective and respectful dealings with themselves. A breach of the code of conduct and violation of good manners will be treated according to paragraph 12.3.
12.5.Minors are only allowed to use the chat with the permission of their statutory representatives. Before using the chat minor users have to obtain such permission. By using the chat the minor declares that such permission is at hand. The operator is not responsible for consequences of all kind that are the result of a misuse of the chat in disregard of this provision.
12.6.The user exempts the operator from all liabilities resulting from his published postings.
12.7.In order to ensure a fluent and undisturbed chatting process, the postings in the public chat rooms are only allowed to be in German. Of course, the use of common anglicisms is excluded thereof.
12.8.The communication takes place in real-time and will be directly published by the users. Although we try hard to monitor the public areas, a continuous examination of the communication rooms can not be expected. Therefore, we do not assume liability and responsibility for the postings. The downloading or other receipt of content in connection with the offer happens at own risk.
12.9.The chat is subject to so called householder’s rights of which we will make use without restrictions. All activities within the chat will be logged.
13 Google Analytics
The internet platform www.regiomusik.de use Google analytics a system of Google Inc. („Google“). This system collects informations from the visitors of www.regiomusik.de . Informations of the visitor are stored in a tracking-cookie. This system collects informations of the visitors of www.regiomusik.de This informations are send to Google Inc. You have to accept that this information will be send and collected by Google Inc. and that Google Inc. will store informations of you.