Terms and Conditions
Tracks and Fields
Terms and conditions for the use of Tracksandfields.com and all sub–pages and alternative domain names and endings.
§ 1 SUBJECT
- Tracksandfields.com is a music service that allows Users who want to licence music for Film, TV, Advertising and Interactive (“Requesting User”) to get in contact with Users who offer music. This can be done through direct licensing requests (Requesting User directly contacts a User who offers music in his Tracksandfields.com profile) or through posting licensing requests on the platform (collectively referred to as “Requests”). Other Users (who offer music) can submit music to these Requests bei either submitting music or responding (in case of direct licensing requests) (“Responding User”).
- Tracksandfields.com offers the following options for Users: a.a free private forum (hereinafter referred to as “Free Account(s)”); b.a paid private forum for arranging business contacts and the possbility for Users to submit music to Requests (hereinafter referred to as “Premium Account(s)”).
- 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. We may deliver invoices and payment reminders to Users of Premium Accounts by email. Upon request, such invoices are available for Users to download from Tracksandfields.com for a period of one year 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.
- The User acknowledges and accepts that Tracksandfields.com provides a platform on which Users can connect with others. Tracksandfields.com supervises the process of finding and licensing music (and/or adjacent rights) of Responding Users to Requesting Users. In the course of doing so, Tracksandfields.com can (but not necessarily needs to) be contracting party for Users of the website. Apart from that, Tracksandfields.com does not take part in any communication between Users. In such cases, where Users enter into agreements with other Users on or through Tracksandfields.com without involvement (in terms of supervision) of 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, in those cases, 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.
- When responding to a Request, the Responding User is expressing to the User that has started this Request that the entering User is willing to enter a licensing agreement based on the given terms and for the given project. Responding to a request does not mean that the User has entered the final licensing agreement. Once a track is chosen to be licensed, the Responding User may be offered a licensing contract that may or may not include additional terms. The Responding User is responsible (and shall be held liable) to make sure that every party that holds rights to the respective track have given their approval and are entering (directly or through proxy) the licensing contract.
- For the purpose of clarification, the licensing agreement for the track will not be in effect before every rightsholder of the music track has agreed to the final terms. The Responding User shall be held liable for any damages arising if the Responding User has knowingly entered or arranged the licensing contract without the consent of all rightsholders.
- Provision fees may apply for the Requesting User when a track is licensed for the Requesting User’s project.
- 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.
§ 1a DEFINITION OF MEDIA USAGEThe following definitions for media usage as referred to in the Requests shall apply, unless otherwise stated.
- TV: The TV usage shall include the rights to make the Music Track (as part of the Production) available to an audience (limited audience or general public) through television broadcasting. It includes all methods for transmission and receipt of TV signals, including, but not limited to terrestrial, cable, satellite, telephone networks, electronic networks, IPTV, digital/analogue, high definition, unencrypted/encrypted signals. Broadcasting can be done through commercial or public parties/entities, for profit or non-profit purposes and irrespective of how the legal relationship between sender and receiver are structured (e.g. Pay-per-view, monthly fee, free of charge ...). The usage also includes the right to record and make reproductions of such broadcasts and to archive such reproductions.
- Internet: The Internet usage shall include the rights to make the Music Track (as part of the Production) available to a limited audience or general public through the internet and any other electronic communications networks by all technical means. It includes free as well as paid-for placements (which includes internet-based placements on smart devices, such as e.g. addressable TV or connected TV). It shall further permit the licensee to distribute the Music Track (as part of the Production) via streaming (gratuitous or non-gratuitous, profit or non-profit). This includes the right to store the Music Track (as part of the Production) in any kind of online databases and electronic communication networks and to exploit it in any kind of interactive online services and systems, including online video portals, such as Youtube, video on demand platforms, mobile use and social network websites such as Facebook, regardless of the actually used data transmission methods and the type of data storage of the service (e.g. interim storage, permanent storage, simultaneous performances, on-demand performances). The usage shall further not be limited to any devices receiving such signals.
- Teatrical: The Theatrical usage shall include the rights to make the Music Track (as part of the Production) available to an audience (for profit or non-profit, by paid or non-paid placements) in motion picture theaters and other places of public performance where motion pictures are being shown (including the right to transfer the the Music Track (as part of the Production) to such places/theaters). It further includes the right to use the Music Track in-context not only in the Production, but also in all trailers, promotional films, television and radio spots, clips and excerpts of said Production or any version thereof.
- Radio: The Radio usage shall include the rights to make the Music Track (as part of the Production) available to an audience (limited audience or general public, for profit or non-profit, by paid or non-paid placements) through radio stations by all technical means. By nature of such media, it includes the rights to adjust the Production to fit the media requirements as well as the use includes the use of various scripts.
- Videogram: The Videogram usage shall include the rights to reproduce the Music Track (as part of the Production) in/on audiovisual devices whether now known or hereinafter devised, including, but not limited to VHS, DVD and Blue-Ray.
- Point of sale (POS): The POS usage shall include the right to make the Music Track (as part of the Production) available (for profit or non-profit, by paid or non-paid placements) by any technical means now known or hereinafter devised to an audience at the physical location (of any type) where the purchase transaction of advertised product or service occurs. Physical locations can be supermarkets, outlet stores, branded promotion stands etc. Online locations are no physical locations. It shall further include the right to make copies of the Music Track (as part of the Production) in order to make it available to an audience at the point of sale.
- Trade show/Event: The Trade Show/Event usage shall include the right to make the Music Track (as part of the Production) available (for profit or non-profit, by paid or non-paid placements) by any technical means now known or hereinafter devised to an audience at public exhibitions such as (including but not limited to) trade fairs, industry gatherings, public viewing, internal or corporate events etc.
- (Digital) out of home: The out of home usage shall include the rights to make the Music Track (as part of the Production) available to an audience (limited audience or general public, for profit or non-profit, by paid or non-paid placements) on public locations like streets, train stations, airports etc.
- PR/Award use: The PR/Award usage shall include the right for the Licensee as well as the agencies involved in the Production to make the Music Track (as part of the Production) available to an audience (for profit or non-profit, by paid or non-paid placements) in the context of creative industry competitions and conferences, including related PR, e.g. newsletters, releases, shortlist/winner announcements, without territory or term restrictions.
- Showreel: The showreel usage shall include the right for the agencies involved in the Production to make the Music Track (as part of the Production) available to an audience (for profit or non-profit, by paid or non-paid placements) for self-promotion on their respective websites and social media as well as for other self-promotion purposes such as internal and external presentations, conferences etc., without territory or term restrictions.
- Archive rights: The archive rights usage shall include the right, without territory or term restrictions, to keep the Music Track available on the Brand’s channels (e.g. websites, social media outlets, online archive) in the respective timelines or archives without any paid placements or active marketing.
- All media: All media refers to any and all media now known or hereinafter devised.
§ 2 REGISTRATION
- 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. For the paid private forum further information related to payment (such as bank details, full address) and, for Users who are an enterprise, tax information (such as tax ID, nature of business) need to be submitted.
- 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 to 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.
- Registration on Tracksandfields.com is open for Users which are 18 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.
§ 3 RATES AND FEES
- 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.
- When a track from a Responding User is licensed by a Requesting User, fees based on the music budget will apply. Fees payable to the Responding User as well as all other rightsholders that need to enter the agreement are stated in the Request. This may be a fix sum or a budget range. Fees payable by the Requesting User to Tracksandfields.com are based on the stated music budget and depend on the level of supervision, administration, contract and money handling, creative consulting and promotion that is provided by Tracksandfields.com. These fees are visible when creating a Request or when a User directly requests a license on tracksandfields.com. In no event shall fees payable to Tracksandfields.com be higher than the payout to the Rightsholders of the music. Tracksandfields.com shall be entitled to receive its commission in any case where a track that was requested by a Requesting User and/or offered by a Responding User on the platform is being licensed. Once the Requesting User has received music by Responding Users on Tracksandfields.com or Tracksandfields.com is assigned (via email, telephone or similar) to clear rights to certain music, the Requesting User is not allowed to license the music directly from the Responding User (in the respective or following projects) without the involvement of Tracksandfields.com within a time frame of 6 months following the assignment or receival of such music by Responding Users. In case the Requesting User violates this provision, Tracksandfields.com shall be entitled to receive a commission fee of 20% of any fees paid related to the licensed music (e.g license fees or similar payments).
- In addition to these fees, additional fees to a local Performance Rights Organization (i.e. GEMA, BMI, ASCAP, PRS–MCPS or SACEM) may apply for the later usage of the music, unless stated otherwise.
- 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.
- 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.
§ 4 CONTENT / INTELLECTUAL PROPERTY RIGHTS
- This website is copyright of Tracks and Fields GmbH — © 2009–2012 Tracks and Fields GmbH. All rights reserved.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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: a description of the Content which in your opinion constitutes a violation of intellectual property rights, incl. the location on Tracksandfields.com; a written statement that you in good faith assume that the use of the respective Content has not been approved by the rights holder; your contact details (name, address, telephone number, email address); a declaration under penalty of perjury that your statements are true and correct, and that you are the rights owner or authorised representative of the rights owner. 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.
§ 5 CONDUCT
- 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.
- You agree not to post, email, or otherwise make available Content: that is false, misinformative, misleading, deceptive, unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, pornographic, invasive of other’s privacy, or harmful to minors in any way; that degrades, intimidates or is hateful toward others on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; that misrepresents your affiliation with a third party, or includes personal or identifying information about another person without that person’s explicit consent; that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; that constitutes or contains unsolicited commercial advertisement (e.g. affiliate marketing, junk mail, etc.), or any form of advertising or solicitation (incl. links to commercial services or websites) in areas of Tracksandfields.com that are not designated for such purposes; that advertises any legal or illegal service or the sale of any items that are or are not prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated under German law; that contains software viruses or any other computer code, files or programs intended to interrupt, destroy or limit the functionality of any software or hardware or other equipment; that disrupts the normal flow of dialogue on the website with an excessive amount of Content, or that otherwise negatively affects other Users’ ability to use Tracksandfields.com; that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content on Tracksandfields.com. In addition, you agree not to: contact, stalk or otherwise harass anyone who has asked not to be contacted, or make unsolicited contact with anyone for commercial purposes outside the scope of this website; collect personal information about other Users for commercial or unlawful purposes; use automated means, including spiders, robots, crawlers, etc.; attempt to gain unauthorised access to our computer systems or engage in any activity that disrupts or impairs the functionality of the Tracksandfields.com website.
- 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.
- The User accepts the inclusion of advertising, also in connection with personal user profiles and artist profiles.
- Tracksandfields.com is for the personal use of Users only and, with exception if the intended use of the Requests, may not be used in connection with commercial purposes, excluding those expressly specified on Tracksandfields.com or in these Terms and Conditions. The presentation of musicians, artists, producers, or other music professionals (e.g. music companies, etc.) is not affected by this limitation and explicitly approved.
- Tracksandfields.com has the right to contact a User starting a Request to verify Users identity and the information given in the Request.
- Tracksandfields.com has the right to restrict the ability to start a Request and remove any Request on Tracksandfields.com without stating a reason.
- 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.
§ 6 DOWNLOADSYou may download music files offered publicly 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. As a Requesting User, you may not use downloadable music files for your project unless you have bought a license from the rightsholders through Tracksandfields.com.
§ 7 PRIVACY
- 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.
- 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.
- 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 firstname.lastname@example.org to request removal of this information from our database.
- We recognize 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 authorization.
§ 8 TERMINATION OF MEMBERSHIP, REFUND POLICY
- Free Accounts may be terminated at any time without cause in the account settings (button DELETE ACCOUNT) or, alternatively, by sending an email to email@example.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 or who haven’t activated their account within 30 days.
- Premium Accounts have a term equal to the period selected by the User as the minimum term. In case the User has a running Premium Account and switches to a new Premium Account, any remaining credit of the running Premium Account will be added to the new Premium Account duration. Upon expiration of the term, the term of the respective Premium Account will be automatically extended by a term equal to the minimum term, unless terminated in due time by the User or Tracksandfields.com.
- Upon termination of a Premium Account the Premium Account will run for the term it has been paid for and then change to a Free Account. Independently of a termination of a Premium Account or the deletion of the Account, we do not offer refunds regarding any credit remaining from an already paid term or any extension thereof.
- The provisions of § 8 (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: a User fails to comply with any applicable legal provisions, or breaches any obligation set forth in these Terms and Conditions; a User is a member of a religious sect or a denomination that is controversial in Germany, or promotes or is a member of any association under surveillance by authorities responsible for public safety or the protection of minors; our reputation is substantially impaired by the membership of the User; the User causes harm to other Users.
- In the event of a good cause as specified in § 8 (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.
- 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.
§ 9 CONSUMERSWith regard to Users registered at Tracksandfields.com as consumers according to section 13 BGB (German Civil Code), e.g. for a purpose not related to commercial or professional activity, the following provisions shall apply:
- You may declare the revocation of your contractual agreement with Tracksandfields.com in text form (e.g. by letter, email, 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.
- You may revoke the agreement by sending timely notification to Tracks and Fields GmbH, Swinemünder Strasse 121, 10435 Berlin, Email: firstname.lastname@example.org.
- 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.
- 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.
- 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.
- End of revocation instruction.
§ 10 DISCLAIMER
- The liability of Tracksandfields.com is limited to cases of intentional and grossly negligent harm, unless in cases of bodily harm or death.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
§ 11 INDEMNITY
- 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.
- 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.
- 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.
§ 11 JURISDICTION AND APPLICABLE LAW
- 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.
- 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.