swisselectronicmusic.ch terms of use agreement

1.  enforcement 

this terms of use agreement (« agreement ») governs the use of the online services (communication and data storage services) provided by swisselectronicmusic.ch, specifically the « artist » page and « comments » services.

users must be at least 13 years old to use swisselectronicmusic.ch services.

2. services provided by swisselectronicmusic.ch  

as far as technically and operationally feasible in the existing circumstances, swisselectronicmusic.ch provides on-line services that allow users to run a public artist’s page (open to swiss musicians or musicians domiciled in switzerland), to manage a musical playlist or video and to enter comments.

public artist's pages are dynamic internet sites which are edited and maintained online and can be filled with content. registered users may, subject to the conditions set out in section 4, use these pages to enter and publish text and pictures, links to other websites, blogs and audio and video services. registered and unregistered users may also record comments on public artist's pages under the conditions set out in section 4. musical playlists are lists of audio tracks which users can listen to online and organise into a specific order.  

to use these services, users must have an internet connection and the appropriate it equipment, any costs of which they must bear. 

3. user personal data and registration 

when registering for the online services, users select a user name, a password and an artist name for their public web page.

users are required to ensure that their login data (password, etc.) to swisselectronicmusic.ch online services are kept confidential and to prevent access by third parties.

users bear full responsibility for all actions undertaken on their account with their login data.

users must guarantee that the personal data they enter is truthful and accurate. users accept that their file will be registered and stored electronically by swisselectronicmusic.ch. no files will be passed on to third parties.

inaccurate registration or untrue information will result in users being rejected. users must keep their personal data up to date and provide immediate notification of any change of address (new home, new e-mail, etc.). swisselectronicmusic.ch reserves the right to delete inaccurate or untrue information.

in handling users’ data, swisselectronicmusic.ch undertakes to comply with the applicable statutory provisions.

4. responsibilities on the part of the users

users are themselves responsible for all of the content published on their public artist's page, for the names of their playlists and for their comments. given the volumes involved, swisselectronicmusic.ch does not check the content that is published via its services.

users undertake, in particular, not to publish any content which violates applicable swiss law and/or the rights of third parties, including their own rights.

the user ensures that he is in possession of all necessary rights to use.

furthermore, customers must refrain from offering or providing links to the following content:

in this regard, users indemnify swisselectronicmusic.ch against any and all litigation, legal dispute, damages claim or other action or claim which third parties might institute or enforce in any capacity in connection with the input of the users' data, including pictures, videos and comments.

copyright 

5. suspension of swisselectronicmusic.ch user accounts 

swisselectronicmusic.ch reserves the right to suspend a user account at any time without stating its reasons or complying with any notice period. it may also delete published text, pictures, audio or video files and other files uploaded by a user, as well as his comments. this applies in particular if the user fails to comply with the obligations set out above. such a violation may also have consequences for the user himself under civil or criminal law.

6. restrictions on liability  

swisselectronicmusic.ch is not liable in any way for the uninterrupted availability of the server, for the content and stored news, for the functioning of the service or for the accuracy, suitability, reliability or precision of published information.

this applies in particular to information which is disseminated by the platform's users. this also applies to the “myrights” area, which content is written under the responsibility of www.mymusicrights.ch and is subject to its own terms of use.

swisselectronicmusic.ch accepts no liability for the loss of data and/or for other damages incurred by users or third parties by using the services.

swisselectronicmusic.ch accepts no liability for the functioning or compatibility of hardware used by the users.

users are themselves responsible for the hardware they use.

7. third-party data access via the internet 

users accept the risk that data transmitted via the internet may be read without authorisation by third parties.

8. support  

swisselectronicmusic.ch does not offer any form of technical support in connection with the use of their services.

9. communications 

swisselectronicmusic.ch communicates with registered users by e-mail. users accept that swisselectronicmusic.ch will inform them of new offerings.

10. costs  

swisselectronicmusic.ch online services, and public artists’ pages in particular, are free of charge to users and visitors.

11. data back-up and hosting of the swisselectronicmusic.ch domain name 

the data stored by users under their account is backed up regularly by swisselectronicmusic.ch. should data nonetheless be lost, swisselectronicmusic.ch will make every effort to restore the system prior to the data loss. no obligation exists in this regard, however. swisselectronicmusic.ch assumes no liability in case of failure of the hosting site. swisselectronicmusic.ch reserves the right to change hosting supplier at any time and without prior notice.

12. links  

users of these services may set up direct or indirect links ("hyperlinks") to other websites or other sources (such as pictures, videos or stations) on their public artist's page or in their comments. swisselectronicmusic.ch does not check these hyperlinks and does not guarantee the availability of external sources. swisselectronicmusic.ch has no influence on the current or future design, content or authorship of linked sites. swisselectronicmusic.ch assumes no liability for illegal, incorrect or incomplete content or for damage resulting from the use or non-use of the information such sites contain.

13. release from liability  

users release swisselectronicmusic.ch from any and all liability and all financial and other obligations which might arise from damage as a result of defamatory remarks, libel, violation of personal rights, unavailability of services to users or violation of intellectual property or other rights. in any such case, the costs incurred by the service or by its employees and/or third parties for legal action must be borne by the users.

14. amendments to the terms of use agreement and to the services provided 

swisselectronicmusic.ch may amend and extend this terms of use agreement at any time. swisselectronicmusic.ch reserves the right to modify, interrupt and temporarily or permanently suspend online services at any time without having to inform users. such action does not authorize any claims for damages or other guarantee claims on the part of users. 

15. enforcement, duration and termination of the agreement 

the agreement between swisselectronicmusic.ch and the user comes into force with the allocation of a user account to the user by swisselectronicmusic.ch. the agreement is valid for an unlimited period and may be terminated by either party at any time.

16. applicable law and place of jurisdiction 

swiss law applies, even for the registration of users from other countries. the place of jurisdiction is lausanne.