The music.ch website (hereafter the "website") belongs to the music.ch association (hereafter "music.ch" or "we", "us", etc.), which claims all rights to the website. The website is an online marketplace in which companies and private individuals can place or search for advertisements.
The website, including all content contained therein, is provided "as is". We hereby exclude all representations and warranties (in particular with regard to material defects and defects of title). We neither represent nor warrant that the information and content provided on or via the website (by us or the users) is complete or error-free. Users acknowledge that any downloading or obtaining of information and content from the Website is at their own discretion and risk.
The Website or parts of our services may be temporarily unavailable for various reasons.
We try to prevent abuse of users via our website, but we cannot exclude this. Any related liability on our part is hereby excluded.
We are also not liable for the online or offline conduct of users and accept no responsibility or liability for their conduct or for the information/materials provided by users.
In all cases, we reserve the right, at our sole discretion, to investigate the use of our website and to take appropriate action against any person who
Each user is solely responsible for uploading, transmitting and/or making available messages, communications, text, information and other content (hereinafter "User Content") on or via the Website.
We do not generally review users' communications, but these are routed through our servers and we may block or delete communications from users without notice if we believe this is appropriate to protect other users or music.ch. In such cases, we are in particular also entitled to delete certain words or sentences.
The decision whether to block or delete user communications is made at our own discretion.
The fee is due at the time of the user's order and must be paid immediately by the customer.
The validity of fee-based services acquired by the user in connection with a specific user content expires when this user content is deleted. Refunds of fees are excluded in any case.
You may remove your User Content from the Website at any time. However, if you remove your User Content, the license granted above will remain in effect.
You represent and warrant that you have the right to grant this licence and undertake to indemnify music.ch in full against all claims under this section 5.
The website contains music.ch content and technologies that may be protected by industrial property rights such as copyright. You hereby acknowledge that, apart from the limited rights of use granted in these terms of use, all rights and claims to the website and the content provided by us on it remain with us or any third parties.
You undertake to indemnify music.ch against all claims, costs and expenses, including reasonable legal costs, that arise in connection with your use of the website or your conduct towards other users.
We reserve the right to temporarily suspend, discontinue or replace all or individual services. In addition, we reserve the right to declare free services to be chargeable for future use and to change chargeable services or the fees for chargeable services at any time.
Association music.ch
Zurich, January 2020
version 3.0
1. SCOPE
These terms of use apply to all services and offers available on the website and all related activities of visitors and users (hereinafter referred to as "users" or "you", "your" etc.).2. RIGHTS AND OBLIGATIONS MUSIC.CH
Website
We strive to continuously improve the website and adapt it to your needs and requirements. However, we reserve the right to change or discontinue any features of the website at any time and without prior notice.The website, including all content contained therein, is provided "as is". We hereby exclude all representations and warranties (in particular with regard to material defects and defects of title). We neither represent nor warrant that the information and content provided on or via the website (by us or the users) is complete or error-free. Users acknowledge that any downloading or obtaining of information and content from the Website is at their own discretion and risk.
The Website or parts of our services may be temporarily unavailable for various reasons.
We try to prevent abuse of users via our website, but we cannot exclude this. Any related liability on our part is hereby excluded.
Content and behaviour of users
We have no obligation, but have the right, to review or monitor any information or materials posted, transmitted or made available by users on the Site.We are also not liable for the online or offline conduct of users and accept no responsibility or liability for their conduct or for the information/materials provided by users.
In all cases, we reserve the right, at our sole discretion, to investigate the use of our website and to take appropriate action against any person who
- Violate regulations on prohibited conduct and illegal website content,
- actually or allegedly violate applicable law,
- take part in offensive, illegal or such conduct that violates the rights of other persons or impairs or threatens the safety of other persons
3. RIGHTS AND OBLIGATIONS OF USERS
Complete and up-to-date information
The user undertakes to provide all information about himself/herself in an up-to-date, accurate and complete manner. In addition, he undertakes to update without delay all information relevant to the use of the website.User content
We allow users to upload information/materials to the Website in the form of advertisements that are made available for access by other users on the Website.Each user is solely responsible for uploading, transmitting and/or making available messages, communications, text, information and other content (hereinafter "User Content") on or via the Website.
Backup copies
Users are solely responsible and at their own expense for creating backup copies of the user content they have posted or stored on the website. Any liability on our part due to data loss is explicitly excluded.Standards of conduct
As a user you acknowledge that the website is available to you exclusively for your personal, non-commercial use. You represent and warrant that you will not violate any applicable Swiss law and in particular that you will not post any User Content of any kind on the Website that infringes the rights of any third party or contains any illegal material. In particular, you agree not to use the website for the following activities:- Derive or collect e-mail addresses or other contact information of other persons from the Website by electronic or other means for the purpose of sending unsolicited e-mails or other unsolicited communications, including but not limited to telemarketing or other telephone contact;
- use automated scripts to collect information from the Website or otherwise interact with the Website;
- uploading, uploading, transmitting, making available or storing
- Content that we, in our sole discretion, deem harmful, threatening, infringing, abusive, harassing, obscene, fraudulent, invasive of privacy or personal rights, or racially or otherwise objectionable or illegal
- private data of third parties, including addresses, telephone numbers, e-mail addresses and credit card numbers,
- unsolicited or unauthorised advertising, spam and the like,
- Content that would constitute a criminal offence, incite other persons to commit a criminal offence or give such persons instructions to commit a criminal offence, or content that would infringe the rights of third parties or otherwise give rise to liability or violate national or international law.
- Posting Content for any person other than yourself, or impersonating any person or entity, or misrepresenting yourself, falsely stating your age or affiliation with another person or entity,
- Requesting information about passwords or personal data for commercial or illegal purposes.
Dealing with other users
As a user you are solely responsible for your dealings with other users. We are entitled, but not obliged, to take such measures as we, in our sole discretion, consider reasonable and appropriate.We do not generally review users' communications, but these are routed through our servers and we may block or delete communications from users without notice if we believe this is appropriate to protect other users or music.ch. In such cases, we are in particular also entitled to delete certain words or sentences.
The decision whether to block or delete user communications is made at our own discretion.
4. FEE-BASED SERVICES
On the website, music.ch offers paid services (hereinafter "paid services"). The amount of the fee for the fee-based services (hereinafter "fee"), the payment methods, and the scope and duration of the fee-based services are listed on the website. Relevant are the details published on the website at the time of conclusion or extension of the contract, which are integrated components of the contract between music.ch and the user.The fee is due at the time of the user's order and must be paid immediately by the customer.
The validity of fee-based services acquired by the user in connection with a specific user content expires when this user content is deleted. Refunds of fees are excluded in any case.
5. LICENCE FOR USER CONTENT
You hereby grant us a free, unrestricted, irrevocable, perpetual, simple, transferable and worldwide license to use (including reproduction, distribution and any adaptation, including translation) the User Content or any part thereof for any commercial or other purpose (whether currently known or unknown) in connection with the Website (including advertising).You may remove your User Content from the Website at any time. However, if you remove your User Content, the license granted above will remain in effect.
You represent and warrant that you have the right to grant this licence and undertake to indemnify music.ch in full against all claims under this section 5.
6. PROPERTY AND INDUSTRIAL PROPERTY RIGHTS
The website contains music.ch content and technologies that may be protected by industrial property rights such as copyright. You hereby acknowledge that, apart from the limited rights of use granted in these terms of use, all rights and claims to the website and the content provided by us on it remain with us or any third parties.
7. DATA PROTECTION
General information
When collecting, storing and using personal data, we comply with the applicable data protection regulations.8. LIABILITY
Liability of music.ch
To the extent permitted by law, music.ch excludes all liability for all damages arising from or in connection with the use of the website.Liability of users
As a user, you are solely responsible for your use of the website and all related actions including your dealings with other users.You undertake to indemnify music.ch against all claims, costs and expenses, including reasonable legal costs, that arise in connection with your use of the website or your conduct towards other users.
9. TERMINATION AND CHANGES
The contractual relationship between us and the user can be terminated by either party at any time at its own discretion with immediate effect. Fees for paid services will not be refunded to the user under any circumstances.We reserve the right to temporarily suspend, discontinue or replace all or individual services. In addition, we reserve the right to declare free services to be chargeable for future use and to change chargeable services or the fees for chargeable services at any time.
10. LINKS
Websites linked to our website are not checked or monitored by us for accuracy, appropriateness or completeness. We cannot accept any liability for websites accessed via links on the website.11. APPLICABLE LAW AND JURISDICTION
Swiss substantive law is applicable in the event of disputes. Place of jurisdiction is Zurich.Association music.ch
Zurich, January 2020
version 3.0