Terms and conditions for the use of Tracksandfields.com and all sub–pages and and alternative domain names and endings.
Welcome to our website. If you continue to browse, sign up, log in, or otherwise use this website you agree to comply with and be bound by the following terms and conditions of use ('Terms and Conditions'), which together with our privacy policy ('Privacy Policy') govern the relationship between you and Tracksandfields.com in relation to this website.
The term 'Tracksandfields.com' or 'us' or 'we' refers to the owner of the website, Tracks & Fields GmbH, whose registered office is Winsstraße 57, 10405 Berlin, Germany. Our company registration number is [company registration number]. Additional contact information on the commercial registry data and the authorised representative can be found under 'Imprint'. The term 'User', 'visitor' or 'you' refers to the user or viewer of this website. Content on Tracksandfields.com may include both content owned or controlled by us as well as owned or controlled by third parties in form of information, text, files, images, photos, videos, sounds, musical works, works of authorship, or any other materials (hereinafter collectively the "Content").
By using Tracksandfields.com the User enters into an agreement on the use of services with Tracksandfields.com. Users are subject to the Terms and Conditions set out hereinafter, the Privacy Policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.
Users can access, print, download, and/or save these Terms and Conditions at any time through the Terms & Conditions link on the Tracksandfields.com website.
(1) Tracksandfields.com is a music service that allows musicians and other people interested in music to find like–minded partners to make music and to distribute this music for non–commercial and/or commercial purposes. In this respect Tracksandfields.com helps Users to connect to produce, present and to distribute music for non-commercial as well as commercial purposes. Users can create artists together and produce music by uploading their own musical tracks and joining (mixing) them with tracks of other Users.
(2) Tracksandfields.com offers the following options for Users:
(3) Details about the applicable fees for Premium Accounts are set forth on the Tracksandfields.com website and can be reviewed here. The fees listed are binding and any payments for Premium Accounts shall be due immediately upon invoicing. We may deliver invoices and payment reminders to Users of Premium Accounts by email. Such invoices are available for Users to download from Tracksandfields.com for a period of two years from the date of invoicing. Payments can be made through various payment methods available on Tracksandfields.com. If we are unable to collect any fees from an account due to insufficient funds, the User shall bear all costs arising therefrom (including but not limited to bank charges, etc.) in case the User is responsible for these costs.
(4) The User acknowledges and accepts that Tracksandfields.com only provides a platform on which Users can connect with others. Tracksandfields.com does not take part in any communication between Users. Hence, if Users enter into agreements with other Users on or through Tracksandfields.com, we shall not be a contracting party to these agreements, and Users are solely responsible for the execution and performance of such agreements. Also, we shall in no event be held liable if Users are unable to contact each other through Tracksandfields.com regarding such agreements, or in case of breaches of duty in relation to agreements entered into between Users.
(5) Any use of services and Content offered on Tracksandfields.com beyond the scope of options provided by us requires our prior written consent in each instance.
(1) For using all functions and services of Tracksandfields.com Users have to register. In this course a User has to submit a valid email-address and unique user-name, under which the User desires to appear. Other obligatory registration details are referred to in the registration form. In addition to obligatory details the User may submit other personal details which are not strictly required for registration.
(2) As part of the registration process the User has to choose a password. Users are entirely responsible for maintaining the confidentiality of their password and agree not to use the accounts, usernames, or passwords of other Users or to disclose their password third parties. The User agrees to notify us immediately if he/she suspects any unauthorised use of his/her account or access to his/her password. Users acknowledge and accept that if they do share their password or personal information with others, or lose control over their membership accounts or password, they are solely responsible for all actions taken in the name of their account according to our Terms and Conditions.
(3) Registration on Tracksandfields.com is open for Users which are 16 years of age or older. Users under the age of 18 are prohibited from using the services of Tracksandfields.com unless expressly authorised by the parents or legal guardian who assume complete responsibility for the online behaviour of the respective User including all legal consequences which may result from the use of Tracksandfields.com or any services offered in connection with it. We are entitled to verify the identity of Users through official documents and reserve all rights to pursue legal action against Users who misrepresent personal information or are otherwise untruthful about their identity and, if necessary, to delete or cancel accounts registered with inaccurate or incomplete information, or for any other reason.
(1) Registration on Tracksandfields.com is free. We offer, however, a number of fee-based and paid premium subscription services, options or products. If you wish to use such premium offers you must pay the required fee associated with the corresponding Premium Account, pursuant to our policies and any other applicable agreements or terms and conditions. You are responsible for paying all fees and applicable taxes associated with the respective services or products in a timely manner with a valid payment method.
(2) Unless otherwise stated, all fees are quoted in Euros and include VAT. For Users based in third party countries (i.e. all countries outside the European Community (EC) according to German VAT Law ("Umsatzsteuergesetz")) the fees quoted are net prices.
(3) Tracksandfields.com reserves the right to charge fees for certain services, options or products, and to change or discontinue free services, options or products, taking into account the legitimate interests of Tracksandfields.com and the Users. Tracksandfields.com will notify Users in the event a specific service becomes subject to a fee in the future.
(1) This website is copyright of Tracks and Fields GmbH - © 2009 Tracks and Fields GmbH. All rights reserved.
(2) Users are not allowed to remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Tracksandfields.com website, or related products and services. Users shall refrain from reproducing, modifying, adapting, publishing, selling, licensing or other commercial exploitation of Tracksandfields.com without our express written permission in each instance.
(3) We and our authorised partners respectively own all right, title and interest, including all worldwide intellectual property rights in the website, the trademarks, service marks and logos contained therein other than those submitted by Users, or Content owned or controlled by any third party. Unless otherwise expressly stated, any redistribution or reproduction of part or all of the Content in any form without the prior written consent of the rights holder is prohibited. Except with our express written permission, you may neither distribute or commercially exploit Content, nor may you transmit, store, or display it on any other website or in other form of electronic retrieval systems. We are entitled to immediate termination of memberships of users that violate third party rights.
(4) We do not claim any general ownership rights in Content posted by Users on Tracksandfields.com. By posting or displaying Content on or through Tracksandfields.com, you hereby grant us a non–exclusive, sub–licensable, worldwide and royalty free license to use, modify, publicly perform and display, make available to the public, reproduce, and distribute such Content in connection with Tracksandfields.com. Users represent and warrant that they own all relevant rights in the Content posted by them on or through the Tracksandfields.com website or otherwise have the right to grant the license set forth herein, and that the posting of their Content on or through Tracksandfields.com does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any third party. Users agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by Users to or through Tracksandfields.com.
(5) Tracksandfields.com includes Content from Users and other third parties. With the exception of the Content published by Users under these Terms and Conditions, it is forbidden to copy, modify, translate, publish, transmit, distribute, presenting, display or sell Content.
(6) Users accept and acknowledge that Content stored, posted, or transmitted on or through Tracksandfields.com may be viewed or otherwise accessed by other Users. We are not responsible for any actions of other Users, and you agree to apply reasonable care in communicating with other Users and to respect their rights and privacy. Users must not upload, post, email, or otherwise transmit any Content containing viruses or any other computer code designed to interrupt, destroy or limit the functionality of any software or interfere with the access of any User, host or network. We may at our sole discretion delete any Content that in our sole judgment violates these Terms and Conditions, or which may be otherwise offensive, illegal or may violate the rights of any person, or is inconsistent with applicable laws and regulations.
(7) If you believe that any Content on Tracksandfields.com infringes upon intellectual property rights owned or controlled by you, please send a detailed notification of such infringement to: copyright@Tracksandfields.com providing the following information:
Upon receipt of a proper notification of alleged infringement of intellectual property rights we will promptly remove or disable access to the allegedly infringing Content and may terminate accounts of repeat infringers as described herein. To the maximum extent permitted by applicable law, we do not assume any responsibility or liability for Content generated by Users or third parties, or for any failure to or delay in removing such Content. We further reserve the right to initiate civil or criminal claims, including but not limited to damages and compensation.
(1) Each User is solely responsible for his/her interactions with other Users. Tracksandfields.com reserves the right, but is under no duty to settle disputes between Users.
(2) You agree not to post, email, or otherwise make available Content:
In addition, you agree not to:
(3) Users are obliged to keep emails and other messages confidential and to only make them available to third parties with express prior approval of the sender. This also applies to names, telephone and fax numbers, address, etc.
(4) The User accepts the inclusion of advertising, also in connection with personal user profiles and artist profiles.
(5) Tracksandfields.com is for the personal use of Users only and may not be in connection with commercial purposes, excluding those expressly specified on Tracksandfields.com or in these Terms and Conditions. The presentations of musicians, artists, producers, or other music professionals (e.g. music companies, etc.) is not affected by this limitation and explicitly approved.
(6) If a User founds an artist with one or more Users to produce music together or to present this music, any of these Users may be equally able to edit the artist profile. Each User is responsible that the interactions and Content of such artist does not violate these Terms and Conditions. A User is therefore liable to the same extent as for his own personal Content, unless the breach - in the sole discretion of Tracksandfields.com - is clearly attributable to a single User.
(7) Subject to these Terms and Conditions you may display a link to this website as long as your use is not misleading, illegal or defamatory.
You may download music-files offered by other Users for your personal, non-commercial use only, subject to these Terms and Conditions and the polices and rules that appear on the website. All such downloads are licensed to you and not sold (notwithstanding use of any terms on the website), pursuant to a limited non-exclusive, non-transferable, non-sublicensable license.
(1) If a User transmits Content to other Users or allows others access to his/her Content, he/she has the intention to create an affiliated work in accordance with section 9 UrhG (German Copyright Act). Each User guarantees to respect and protect the rights of other Users to the best knowledge and belief.
(2) Users participating in a musical work grant each other a non–exclusive license to use, modify, publicly display, make available to the public, reproduce, display and disseminated this Content on Tracksandfields.com. This license is free of charge, sub–licensable and worldwide. This license is also valid after the period in which the User’s data is stored. The license is limited to non-commercial uses of music (e.g. uses from which no revenues arise) unless otherwise specified and agreed. Any commercial use of a musical work requires the consent of all participating Users. If Users commercially exploit a musical work they warrant to act with the consent of all parties involved. Tracksandfields.com is entitled, but under no obligation, to review such agreements and Users indemnify Tracksandfields.com from all claims in connection therewith.
(3) Users are expected to be sufficiently informed about their rights, and acknowledge and accept that not every User may have the same rights to Content (e.g. copyrights of authors, composers, editors of musical works, etc.). All Users are responsible that these rights are sufficiently clarified and documented. Tracksandfields.com assumes no responsibility for the accuracy of the information provided by Users, and is under no obligation to review such information.
(4) Users may enable other Users to work with their Content, e.g. produce remixes of their musical works, by uploading respective files as "remixable" on Tracksandfields.com. However, this does not include the right to use or commercially exploit this remix. Such commercial use of any remix is subject to separate terms and conditions in each instance and requires explicit consent of the rights owner of the original musical works.
(5) In case of remixes produced from files uploaded on Tracksandfields.com, the User who has produced the remix receives a separate and own performance right. Unless otherwise specified between the parties, the User who has produced the remix grants the original rights holders worldwide rights to the remix version. In any event copyrights on the underlying work remain with the original rights holders.
(6) In addition, with regard to the production of remixes, licenses of music, or other exploitation of Content in connection with music created or licensed on Tracksandfields.com special provisions may apply. Such special provisions will be published on Tracksandfields.com where relevant, or can be reviewed here.
(1) In order to use this service, Users are providing other Users and their network with their personal data. Users can change their data at any time and in many respects to determine whether and in what form information is accessible for other Users. Users can also terminate their membership and therefore make their personal data inaccessible to other Users. Data created with other Users (in conjunction with artists) might not be affected by this. In the event a User intends to permanently remove data used for an artist, he/she is encouraged to arrange a deletion of this data with the other affiliated Users.
(2) Tracksandfields.com is entitled to send newsletters to all Users at irregular intervals to inform Users of services, offers and products. The User can unsubscribe from these newsletters.
(3) Users may invite friends to inform them about Tracksandfields.com and send them invitations to become members. We store email-addresses so provided by the User in order to be able to add this requested friend to the User’s contact list and send this friend an invitation for registration. Tracksandfields.com will only send invitation messages to this friend and will not sell or otherwise unlawfully disclose these email-addresses so obtained to third parties. Recipients of such invitations may contact us under info@tracksandfields.com to request removal of this information from our database.
(4) We recognise the importance of any information provided by Users to Tracksandfields.com, and we shall therefore be particularly sensitive in handling such data. We shall comply with all applicable legal provisions regarding data protection (German Data Protection Act / European Data Protection Directives, or other applicable data protection legislations). In particular, we shall not provide or otherwise disclose any personal data of Users to any third party without authorisation.
(5) Please consult our Privacy Policy for further details with regard to data protection. The use of Tracksandfields.com also subject to the applicable Privacy Policy which is incorporated into these Terms and Conditions by this reference.
(1) Free Accounts may be terminated at any time without cause by sending an email to account@tracksandfields.com. The termination notice shall include the User’s registered name and an email address of the User registered on Tracksandfields.com. Upon termination, the User’s personal data corresponding with the respective profile of the User will be deleted. We reserve the right to terminate memberships of Users at any time without prior notification and may delete accounts of Users who have not logged on the Tracksandfields.com website for more than 365 days.
(2) Premium Accounts have a term equal to the period selected by the User as the minimum term. After this term, the term of the respective Premium Account will be extended by a term of the same length as the original term, unless terminated in due time by the User or Tracksandfields.com.
(3) The provisions of § 9 (2) hereinabove shall not affect the right of both parties to terminate the agreement for good cause. Good cause shall be considered any event which makes it unacceptable for us to continue the agreement taking into account all circumstances of the individual case and reflecting both our interests and the interest of the User, e.g. if:-
(4) In the event of a good cause as specified in § 9 (3) hereinabove and notwithstanding our right to terminate the contract we are entitled to delete the Content posted by the User or prevent the User from accessing services of Tracksandfields.com.
(5) Users shall not be entitled to claim reimbursement of any advance payments if the agreement is terminated for good cause or if we have restricted the User’s access in accordance with these Terms and Conditions, or if the User has terminated the agreement unless the termination is due to a good cause attributable to Tracksandfields.com.
(1) You may declare the revocation of your contractual agreement with Tracksandfields.com in text form (e.g. by letter, fax, e-mail, or the contact form available on our website) within a period of two (2) weeks. The revocation does not have to specify any grounds. The revocation period commences upon receipt of these instructions, but not earlier than the execution of the agreement and our fulfilment of our informational duties as per section 312c (2) BGB in connection with section 1 (1), (2) and (4) BGB-InfoV, as well as our duties as per section 312e (1) 1 BGB in connection with section 3 BGB-InfoV.
(2) You may revoke the agreement by sending timely notification to Tracks and Fields GmbH, Winsstraße 57, 10405 Berlin, Email: info@tracksandfields.com, Fax: +49 (0)30 44 32 33 55.
(3) The right of revocation does not apply for contracts regarding the supply of goods produced according to the consumer’s specifications or clearly tailored to personal needs or which, by reason of their quality, are not suitable for return or may spoil quickly or whose expiration date would be exceeded, or for the delivery of audio or video recordings or of software where the seal on the data carriers has been broken by the consumer, or for the delivery of newspapers, periodicals and magazines.
(4) In case of a valid revocation any services and fees provided by both parties shall be returned, and any economic advantages gained (e.g. interest) are to be repaid. If you are not able to return the services rendered fully or in part, or only in a lesser form, you must reimburse us for the value lost. Hence you may be required to fulfil the contractual payment obligations for the time until cancellation. Both parties shall also be obliged to restore any benefits already received in accordance with the legal provisions, and issue any interest. If a User is unable or partially unable to restore the benefits, or only able to restore them in poor condition, the User must reimburse us for the corresponding value. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation.
(5) In accordance with section 312d (3) BGB the User’s right of revocation expires prior to the end of the revocation period specified hereinabove if the performance of the services for which the User is registered at Tracksandfields.com has started with the explicit consent of the User, or if the User has already initiated services on Tracksandfields.com for which the User has registered.
(6) End of revocation instruction.
(1) Content is not reviewed before its publication and does not reflect the views and policies of Tracksandfields.com. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics or other Content on the website for any purpose. Any reliance on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data, money, revenue or profits arising out of or in connection with the use of Tracksandfields.com.
(2) Tracksandfields.com enables Users to link to other websites. Such links are provided for your convenience and to provide further information. We have no control over and responsibility for the nature, content and availability of those linked sites and the inclusion of any link does not necessarily imply a recommendation or endorse the views expressed therein. There is also no guarantee for the transmission of information, files, data, software, emails and other messages. Moreover, Tracksandfields.com rejects any guarantee or promise for certain results from the use of the website.
(3) This website undergoes constant changing and updating. While every effort is made to keep the website up and running smoothly, we take no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control. In any event we shall always be entitled to terminate the operation of some or all Tracksandfields.com services with or without stating a reason.
(4) Tracksandfields.com is also not responsible for any material submitted by you. All Content posted on or through Tracksandfields.com is the sole responsibility of the User from which such Content originated and we shall not be liable for any errors or omissions with regard to any Content. Tracksandfields.com may only be responsible for Content posted by us or our employees. Notwithstanding the foregoing, in no event are we responsible for any incorrect or inaccurate Content posted by Users and/or other third parties on this website or in connection with the services of Tracksandfields.com, regardless whether caused by Users or by any of the equipment or programming associated with or utilised for services of Tracksandfields.com.
(5) We can not assume any guarantee or liability for any loss or damage howsoever that may be caused by data, related codes, and other information on Tracksandfields.com or on any external website linked to it. We also make no warranty or representation as to the quality, suitability or completeness of any of the Content contained on the Tracksandfields.com website or any offer in connection with Tracksandfields.com and hereby disclaim all warranties and representations with regard to the same, including all warranties and representations of merchantability, fitness for purpose, title and non-infringement. The entire risk arising out of the use of Tracksandfields.com and services remains at all times with the User.
(6) Tracksandfields.com neither accepts responsibility for advertisements published on this website or on the Tracksandfields.com services of third parties, nor for the goods or services included in these advertisements.
(7) The liability of Tracksandfields.com is limited to cases of intentional and grossly negligent harm caused by its legal representatives. Any further liability of Tracksandfields.com shall be expressly excluded.
(1) As a condition of access to Tracksandfields.com, the User agrees to indemnify and hold Tracksandfields.com, its subsidiaries, affiliates, and their respective officers, agents, partners and employees, free and harmless from any loss, liability, claim or demand or damage of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, including reasonable attorneys’ fees, made by any third party due to or arising from the User’s use of Tracksandfields.com and/or services in violation or breach of these Terms and Conditions.
(2) The User particularly guarantees to keep Tracksandfields.com, its employees, partners, agents or other authorised persons acting on behalf of Tracksandfields.com free from any harm or of any liability and all obligations, expenses and claims which are arising from damage due to insult, libel, violation of personal rights, because of the unavailability of services for other Users, infringement of intellectual property or other rights. This also applies to the cost to prevent such claims.
(3) Users acknowledge and accept that we can not be held responsible or liable for anything that occurs or results from accessing or subscribing to Tracksandfields.com.
(1) In case of any dispute arising in connection with Tracksandfields.com the User agrees that the dispute shall be governed by the laws of Germany, without regard to conflict of law provisions. Exclusive personal jurisdiction and venue shall be -if so permitted by law- the applicable courts of Berlin, Germany.
(2) These Terms and Conditions are accepted by the User of Tracksandfields.com and failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. If any provision herein is unlawful, void or unenforceable, that specific provision is deemed severable from the rest of the Terms and Conditions, and does not affect the validity or enforceability of any of the remaining provisions.
THE USE OF THIS WEBSITE IS PROHIBITED IN COUNTRIES WHERE ANY PARTS OF THESE TERMS AND CONDITIONS ARE INVALID ACCORDING TO LOCAL LAW, WITHOUT LEADING TO THE ENTIRE OR PARTIAL INVALIDITY OF THE TERMS AND CONDITIONS. I HAVE READ THE TERMS AND CONDITIONS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.