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General Terms of Use – BeSonic.com

Version: 30 April 2006

NOTE: This is a translation of the general terms and conditions of BeSonic! Note, that only the German version is legally binding to all German and international BeSonic users. Please contact us, if you have any queries regarding our terms and conditions.

1) General provisions

Bitventure GmbH & Co. KG  (hereinafter: "provider") operates an Internet platform (www.besonic.com, hereinafter: "platform") at the besonic.com domain. This platform can be used by artists to promote and distribute their works (music, texts, images – hereinafter: "content"). Subject to the agreement between the provider and the individual artist and the associated rights granted, content may be played or viewed online, and/or downloaded and stored locally on a computer exclusively for personal use; further copies of the content may also be made exclusively for personal use. Persons accessing the platform shall be referred to hereinafter as "users". By accessing the platform, users indicate their agreement with the present General Terms of Use.

The platform features free uses as well as areas subject to payment and/or registration. For example, users have the opportunity to download content and a selection of web radios. These terms govern the general legal relationship between users and the provider and the general terms for use of the platform by users.

Artists may use the platform in a variety of ways. Artists may find a detailed description of the nature and scope of the available uses in the FAQ under the "User Profiles" menu item. Information on the various user profiles may be viewed there online at any time.


2) Uploads

Uploading content is subject to the user's registration with the provider. Artists registered on the platform may upload content which is appropriate in their opinion. This content is generally approved by the provider prior to publication. The provider reserves the right to refuse publication of content without stating a reason, or to remove content from the platform. Claims in this regard shall be excluded.

At times of heavy data traffic, the provider may only check a sample of the uploaded content. The provider therefore cannot accept responsibility for the correctness, completeness, relevance or legality of the content. Any user who deems published content to be objectionable or illegal may report it to the provider. The provider will then check and delete the content as appropriate.

The provider states his willingness to publish content uploaded by users on the platform in accordance with the provisions of the present Agreement and have it promoted by the BeSonic Community and the platform's various channels.

When registering as a nonmember of a recording industry or royalty collection organization (GEMA, RIAA, ASCAP, BMI, SACEM, BUMRA, STEMRA, etc.) no rights to the uploaded material may be held by any such organization. Different terms – and a separate pricing system for providing music tracks for premium downloads – apply to members of royalty collection organizations (see "User Profiles").

(1) What may be uploaded?
Users may only upload content for which they hold all rights – especially copyrights – or for which they can produce a prior written permission by all holders of rights to the work. This is not a problem in the case of content created by users. Artists with recording contracts, however, generally transfer their rights to the recorded material to the record company and therefore may NOT distribute their music on the platform. As a rule, such artists must obtain permission from their record companies first. Users who are members of recording industry or copyright watchdog organizations must observe the specific terms and conditions of the relevant organization. For example, different terms – and a separate pricing system for providing music tracks for premium downloads – apply to GEMA members (see "User Profiles").


(2) Cover versions
Cover versions of songs by other artists may not be published without the written permission of the relevant music publisher or the artist and/or composer and/or other rights holders. The performance and publication of such songs is even subject to GEMA fees and royalties. Cover versions may therefore only be uploaded to the platform as password-protected lo-fi streaming work samples for exclusively personal use. Users who disclose passwords in the platform's forum or anywhere else are granting free access, which is tantamount to unauthorized publication. Please note that we also check titles, copyright holders and composers when checking data against the databases of the relevant organizations. In cases of attempted misrepresentation (e.g. if a user attempts to take credit for a song by a different artist) or lack of clarity with regard to ownership of rights, the provider reserves the right to delete or temporarily disable titles or the affected user account. The titles or account may be re-enabled once the situation has been clarified and/or a suitable release has been submitted. Users herewith agree to bear all costs incurred or royalty payments that become due as a result of the misrepresentation. Any further liability claims by the provider, especially with regard to damages, remain unaffected.

(3) Remixes
Remixes using original music or original lyrics may not be published on the platform. Exceptions are subject to the prior written permission of all rights holders. Such authorization must be submitted to the provider before uploading. In cases of attempted misrepresentation (e.g. if a user attempts to take credit for a song by a different artist) or lack of clarity with regard to ownership of rights, the provider reserves the right to delete or temporarily disable titles or the affected user account. The titles or account may be re-enabled once the situation has been clarified and/or a suitable release has been submitted. Users herewith agree to bear all costs incurred or royalty payments that become due as a result of the misrepresentation. Any further liability claims by the provider, especially with regard to damages, remain unaffected.


(4) Use of samples
Copyright law does not permit any exceptions in this regard. The frequently-heard rumor that copyright law condones the use of 6-second samples of copyrighted material without the permission of the author/composer is legally baseless. The above provisions under (3) shall apply correspondingly.


(5) Data comparison with royalty collection organizations
Registered BeSonic artists authorize BeSonic to compare their user data to the member databases of the GEMA or other royalty collection organizations. This is necessary to ensure that incorrect information with regard to membership in such organizations can be identified and corrected promptly by the provider. The provider deems the provision of incorrect information with regard to membership in such an organization as grounds for immediate exclusion of the artist from the platform. The affected artist agrees to bear all costs incurred in such cases. Any further liability claims by the provider remain unaffected.


3) Downloads

(1)
Registered artists may offer uploaded content to the public for download, either free or as premium content subject to charges. The "Special Terms of Use for Premium Content" available in the "About" section govern the use of premium downloads.

(2)
Payments for downloads are handled via an external service provider. By using the payment service, users also agree to the payment service provider's general terms of use, general terms and conditions, and notice periods. It is the responsibility of the user to obtain information on the range of services and terms and conditions of the payment service provider. This information is available at (http://www.firstgate.com/ www.paypal.com).

(3)
With regard to payment processing and accounting of the content and rights obtained by the user, a contractual relationship exists solely between the user and the payment service provider. BeSonic is not involved in the contractual relationship between the user and payment service provider.


(4)
Users undertake to ensure that their computers meet the technical requirements for downloading. Users will have the opportunity to repeat the download if the process is interrupted for technical reasons. If the download has not completed after several attempts, users are asked to contact support@besonic.net.

(5)
With their payments, users are granted nontransferable rights to exclusively personal, not public, use of the works. The scope of use depends on the rights granted the user in connection with the individual work.

(6)
The content available on the platform is subject to the rights of the copyright holders and the performing artists. Provision of content to third parties, rental, sale, public storage and/or provision, licensing to third parties, commercial use and/or performance is prohibited. Storage of content provided solely as a stream is prohibited. Users are liable for all infringements, including those resulting from negligence and/or those facilitated by the user. In accepting this liability, users release the provider from all claims by third parties.

(7)
Due to the legal situation existing at the time of writing of the present General Terms of Use (April 2006), titles registered with a royalty collection organization may be uploaded from outside of Germany, however, they may only be offered for download within Germany. When downloading such titles, users confirm that they are located in Germany at the time of the download. As the provider intends to concluded contractual agreements with further royalty collection organizations, the provider reserves the right to adapt the present General Terms of Use at any time to reflect changes to the legal situation. These changes shall take effect at the time of publication on the provider's platform.


4) Liability

(1)
The provider assumes no liability for damages arising from the publication of content which has not been released by the copyright holder or which is protected against free access. The artist bears the sole responsibility and assumes liability for such infringements.

(2)
The provider has no influence on the current and future structure of linked content. The provider therefore assumes no liability for the design and content of third-party pages or websites at the destination of direct or indirect links on the platform. This exemption covers all links, references and recommendations by artists, as well as third-party entries (artist guestbooks) on the provider's Internet platform.

(3)
By using the platform, artists undertake not to use the direct-upload option to upload content that is known to be false, imprecise, abusive, vulgar, obscene, threatening, or of a sexual nature, or material that affects or attacks the privacy of individuals or violates existing laws. Users also agree to only upload content for which they hold the copyright, or content that is freely available.

(4)
Artists are responsible for the content they upload and release the provider and associated companies of all liability vis-à-vis third parties that may result from the uploaded content. The provider has the right to provide information on artists and/or users, such as names and addresses, to third parties in case of violations of the law or legal action related to content uploaded by artists and/or users. The provider also has the right to terminate business relationships to artists who do not observe the General Terms of Use of the platform without notice.

(5)
The provider cannot be held liable for server failures or other technical impairment of the platform, or for delays with regard to uploading or updating of works. The provider also cannot be held liable for the correctness, completeness or currency of the published content. This general exemption does not apply to willful actions by the provider.

(6)
The provider reserves the right to temporarily shut down the platform at any time for maintenance work or other reasons. Claims may not be put forward as a result of such a shutdown.


5) Other provisions

(1)
The provider reserves the right to change the present General Terms of Use at any time. Artists will be notified of the changes in advance. The changes shall be deemed accepted if the artist does not object in writing. The provider must receive the objection within 14 working days of the announcement of the changes. In case of objections to changes to the General Terms of Use, both sides have the right to terminate the relationship without notice.

(2)
By registering and/or using the platform, artists and users express their agreement with the display of advertising.

(3)
Should an individual provision of the present General Terms of Use be ineffective or become ineffective at a later date, this shall not affect the validity of the remainder of the terms. The ineffective provision shall be replaced by one which comes closest to achieving the desired economic effect in the mutual interest of the contractual parties.

(4)
The contractual relationship between the provider, artists and users shall be governed by German law. The UN Convention on Contracts for the International Sale of Goods is excluded. The place of performance for the parties is Düsseldorf, Germany. To the extent permissible, Düsseldorf, Germany, shall be the exclusive place of jurisdiction for any disagreements arising from or in connection with the present General Terms of Use.

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besonic.com Data Protection Declaration


Version: April 2006


Valid for all the listeners and artists (hereinafter referred to as "Users") of the services of Bitventure GmbH & Co. KG (hereinafter referred to as "Supplier"), accessible via the "besonic.com" domain. The Supplier shall provide the User an Internet platform (www.besonic.com, hereinafter referred to as "Platform") for reproducing, distributing and promoting its music.


With this Data Protection Declaration, we are hereby informing you in accordance with the respective legal regulations, of the personal and non-personal data concerning your person, which is collected, stored, processed and transmitted.

BeSonic regards the protection of your personal data as an important objective. Therefore the collection, storage, processing or transmission of the data concerning our customers and Users shall always be effected in agreement with the Data Protection laws and other such regulations valid for our field of responsibility, and particularly in accordance with the regulations of the German Federal Data Protection Act (BDSG), the German Information and Telecommunication Act (IuTDG) and the German Teleservices Act (TDSG).


1) Consent to processing personal data

Once entered, we shall store the personal data submitted by you in the application for utilization. Furthermore, and as a general rule, only the personal data needed for the intended use, i.e. within the limits of the regular use of the platform, is collected and recorded.

Your data will not be passed on to third persons. In the event of an online transaction, your personal data will be deleted at the latest upon termination of the legal warranty period. In the case of storing commercial data (e.g. resulting from the sale of downloads), it is legally stipulated that it must be archived beyond the period of the actual BeSonic membership. This commercial data shall only be released by BeSonic within the limits of the legal obligations, i.e. in the event of a legal action or a well-founded suspicion of misuse or fraud. Other statutory provisions shall remain unaffected thereby.

For the rest, your data will be deleted at the latest upon termination of your contractual relationship with us, and when we no longer require your data for accounting purposes.

Calls for services against payment, and all payment and accounting procedures similarly render the storage of personal data necessary. These procedures are handled on BeSonic via an independent Payment Service Provider. The conditions for utilization and General Terms of Delivery and Payment of the PSP shall similarly be accepted by you; however, they must be explicitly confirmed separately in the registration, once again. Here, a separate notice of termination must also be given. Basically, BeSonic shall not be included in the legal relations between the User and the Payment Service Provider. For them, the data protection regulations of the Payment Service Provider shall be valid.


In addition to the existing data protection declarations and the information on data protection, each registered BeSonic User shall declare himself/herself in agreement to his/her personal User data being synchronized with the Member Database of the GEMA [society for musical performing and mechanical reproduction rights] or that of another performance rights organization. This is necessary in order for us to detect and correct any incorrect data regarding a membership in a performance rights organization.


2) Consent to processing non-personal data

Each access to the servers, websites and databases of the services reached via the Platform are recorded by continuous logging. Concerned here is non-personal data, e.g. the IP address of the requesting computer, date and time, requested function, URL, etc.. We reserve the right to conduct anonymized statistics on all the activities on the BeSonic Platform and to evaluate these for marketing purposes.

Logging in to your personal User sector is doomed to failure if you have deactivated receiving cookies. You must switch on the cookies on the browser so that you are recognized by our server at login. Otherwise anyone could gain access to your personal sector. In this way, access rights and the exchange of data between your computer and the BeSonic platform are synchronized and enabled. Therefore, for proper operation (above all) of the personalized User sector, repeatable identification of the User is essential. Nothing other than the respective Login ID is stored in our cookie.


3) Consent to and possibility for canceling data storage

Upon entering your personal data and accepting this Data Protection Declaration you declare yourself in agreement to the collection, storage, processing and transmission of your data in accordance with the above Data Protection Declaration. You explicitly declare this acceptance when entering your data in the Application for Utilization and/or when using the Platform.

You have the possibility of calling up and printing out the content of your acceptance (this text) at any time. Furthermore, you have the right to obtain information free of charge on the data stored concerning your person. In this case, please contact us under the email address: support@besonic.net

Amendments to this Data Protection Declaration are updated on this page online and sent to you for your information in electronic form per email to the email address you have provided. They shall be valid as accepted unless you have filed a complaint either in writing or per email. The complaint must be filed to BeSonic within 14 days of the amendment being made known.

You have the right to cancel your acceptance to the collection, storage, processing or transmission of your data at any time with effect in the future. You may send us your cancellation in writing to the office address named in the imprint.

The cancellation of your acceptance is equivalent to termination without notice of the entire contractual relationship between the User and the Supplier.