TERMS OF SERVICES

6degrees.ch c/o MCG GmbH
Stockmatten 2
79871 Eisenbach

-subsequently called provider-

 

§1 General Information

The provider runs a social networking platform for music at the website www.6degrees.ch. On this internet platform registered users may create profiles, upload own contents on the server of the provider and may make these contents accessible for other users of this website. The provider merely provides the technical foundations for the transmission of information. The provider has no influence on the contents of published advertisements, profiles or personal data of users.

 

§ 2 Registration

1. Only registered users are allowed to upload advertisements or to publish user profiles. Persons under the age of 18 are not allowed to use the provider's services. Users are obliged to make complete and correct statements when registering. On concrete suspicion of abuse (for example theft of identity) the provider may check the personal identity of a user with help of suitable official documents. In these cases the user has to hand over certified copies of personal documents (e.g. ID-card, passport).
2. Users are not qualified to claim registration or permission to use the provider's services.

§ 3 Term of contract/Cancellation

1. Free membership is concluded without limitation of time and may be cancelled at any time in writing, per FAX or e-mail without keeping a term.
2. The right to extraordinary cancellation due to important reasons remain untouched for both parties. For the provider an important reason is the user's violation of the behaviour rules stated in § 6 of these Terms of Service as well as deliberately incorrect statements of the user when registering.

§ 4 Upload and publication of advertisements and profiles

1. Advertisements and profiles may be uploaded according to the chosen range of service displayed in the specification of service.
2. The transmission of registration details expresses a proposal of the user to conclude a contract. The offer is accepted by activation of the user's account. Users are not qualified to claim a conclusion of a contract.
3. After confirmation of the registration the user may start a profile. The user may add photographs or videos to his/her profile.
4. The provider reserves the right to adjust the user's photographs and videos to maintain a common technical standard (size of files and images) for publication of the advertisement. The user explicitly agrees to the adjustment.

§ 5 Payment/default

The service of the provider is free of charge.

 

§ 6 Duties of users/prohibited contents

1. The user is obliged to make correct statements when registering.
2. The user is obliged to treat login-data, e-mails and other messages confidentially and not to make them available to third parties without the permission of the originator. This also applies to names, telephone and FAX numbers, addresses, e-mail addresses and/or URLs.
3. The user alone is responsible for the contents of the advertisements. The user is not allowed to publish contents that
   • violate copyrights, ancillary copyrights, industrial copyrights (trademarks, patents, utility and design patents),
   • violate other rights of third parties (personality rights, name rights, image rights),
   • humiliate or defame other persons,
   • contain propaganda material and other articles that display signs contrary to the constitution of the Federal German Republic , pornographic articles or articles likely to corrupt youth,
   • contain computer viruses, Trojan horses or software,
   • contain telephone numbers of erotic or dating services with costs.
4. Within the range of the profile or advertisements it is not allowed to link external websites whose contents are against morality or the law. The provider explicitly reserves the right the examine links to external websites and to remove them in case of violations of provisions of these Terms of Service.

§ 7 Deletion and blocking of users

1. In case of violations of these provisions the provider reserves the right to shorten, not to publish or to remove profiles or block users, with respect to the user's interest, particularly if there are evidences that the violation is not due to the user's fault.
2. If a user violates provisions of these Terms of Service repeatedly or severely, he/she may, with respect to his/her interests, be irrevocably excluded from the services.

§ 8 Liability/exclusion of liability

1. The provider is not liable for the contents uploaded and published by the user. The user is obliged to take care that the uploaded contents do not violate the rights of third parties or the common law.
2. In case of breach of duty due to negligence, liability of the provider as well as liability of his/her legal subordinates is limited to the predictable, average damage within the scope of this contract. We as well as our legal subordinates are not liable for breach of duties not subject to this contract and duties which do not jeopardize the fulfilment of this contract.
3. The above mentioned limitations of liability do not apply in case of claims based on product liability or guarantee as well as claims resulting from harm to body, health and loss of life.
4. Members exempt the provider from claims resulting from published contents which lead to claims asserted by other members or third parties due to violation of their rights. This also implies necessary expenses for litigations and lawyers. The exemption of liability does not apply if the violation of law is not due to the member's fault.

§ 9 Data protection

The provider agrees to treat personal the data of users confidentially and according to data protection regulations. Personal data will not be forwarded without the user's permission.

 

§ 10 Applicable law, venue

1. The contract as well as these Terms of Service are subject to the law of the Federal Republic of Germany as long as they do not contradict conclusive legal regulations, for example consumer protection laws.
2. If the user is a salesman, according to the German trade law (Handelsgesetzbuch HGB), the exclusive venue for litigations is in Eisenbach, residence of the provider. This also applies if the user has moved his/her residence outside the borders of the Federal Republic of Germany after conclusion of the contract.

§ 11 Final provision

If a single provision of this contract is invalid or cannot be enforced, other provisions of this contract remain untouched.

Source: The Terms of Services of 6degrees.ch are written by Lawyer Sören Siebert (Editor of www.e-Recht.de)