• post on the website, transmit via the website or make publicly available in another form:
  • anything that (a) is frightening, harassing, derogatory, hateful, or intimidating; (b) defamatory; (c) fraudulent or unlawful (tortious); (d) obscene, indecent, pornographic or otherwise objectionable; or (e) is protected by copyright, trademark law, commercial law, personal rights or any other intellectual property right (unless the consent of the right holder is given).
  • any material that could give rise to criminal or civil liability; that incites criminal conduct; promotes gambling; or that encourages or provides instructions for illegal activities, including, but not limited to, “hacking,” “cracking,” or “phreaking.”
  • any malware such as viruses, worms, Trojan horses, Easter eggs, time bombs, spyware or other computer code, files or programs that are harmful or invasive or have the potential or purpose of disrupting, damaging or to monitor.
  • any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or offers of financial investment, or any other form of solicitation.
  • any non-public information about companies (unless the consent of the company in question is given).
• use the Website for any fraudulent or unlawful purpose.
• use the website to defame, abuse, harass, threaten third parties or violate their rights – in particular the right to privacy and personal rights – in any other form.
• impersonate any person or entity, including without limitation our representatives (or representatives of our affiliates); Falsely claim or otherwise misrepresent your affiliation with a person or entity; or express or imply that we endorse any statement or post you make.
• interfere with or disrupt the operation of the website, the servers and the networks used to operate the website; or violate the requirements, guidelines, policies and regulations of such networks.
• Restrict third parties from using the website or prevent their use entirely (in particular by hacking or defacing the website).
• use the website to advertise or offer for sale or purchase products and services (unless we have our express prior written consent);
• Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purpose any portion of the Site, use of and access to the Site.
• modify, adapt, translate, reverse engineer, decompile or disassemble any part of the Website, except as expressly permitted by law.
• Remove any copyright, trademark or other proprietary rights notices from the Site or materials originating from the Site.
• Embed or mirror any part of the Website elsewhere (unless we have our express prior written consent).
• Create a database by systematically downloading or storing content from the website.
• use any software such as robots, spiders, search/retrieval applications or any other manual or automatic means to query, display, “scrape” or “data mine” or reproduce in any other form the navigational structure or presentation form of the Website (unless we have our prior express written consent).

We have the right to exclude you from using the Website if we believe that you have taken any inappropriate actions or have not complied with these Terms and Conditions (including the Code of Conduct). This expressly includes any copyright infringements committed by you through or in connection with the website.

5. Registration. Registration is required for certain parts of the website. We may reject or request a change to your user name, password or other information that you provide to us during registration. Your username and password are for your personal use only and should be kept confidential; You are responsible for all use of your username and password. You are obliged to report any misuse of your user name, password and account to us immediately.

6. Uploads.

a. Generally. The Website may contain areas where you can upload information and material, including, without limitation, text, images, photos, graphics, music, videos, audiovisual content, data, files, links and other material (each an “Upload”). For the avoidance of doubt: Subject to any differing provisions elsewhere in these T&Cs, in particular the following grant of rights in Section 6 (b), all rights to your uploads remain with you.

b. Grant of rights. For each upload that you upload, you grant us and our affiliated companies, which we will inform you upon request at clearsound.spies@gmail.com, as well as all other music labels affiliated with us (hereinafter our “Affiliates”) the irrevocable, transferable , non-exclusive, free-of-charge right of use unrestricted in terms of time, space and content. The granting of sublicenses (including in several stages) is permitted. The right is transferred: (i) to reproduce, distribute, transmit, make accessible to the public, display and play, edit, change, adapt, create adaptations and use the uploads in any other way, in in all known and unknown formats and in all known and unknown media, on or in connection with the Website and all of our similar services and products (or similar services and products of our affiliates) (e.g. any websites and desktop, mobile and other applications , widgets or API’s) (hereinafter these services and products are collectively referred to as “website-related services”; (ii) exercise all trademark, personality and other intellectual property rights in relation to the uploads; (iii) your name, photo, likeness, portrait, to use your voice, likeness and biographical information as provided by you in connection with the Uploads for any promotional purposes relating to the Website or the Website-related Services and (iv) to use your Uploads (including their content) for any promotional purposes relating to the website or the website-related services or the artists. For the avoidance of doubt, you are not authorized to include in your Uploads any content that belongs to us or our affiliates or our respective artists (hereinafter “Artists”), directors, officers, employees, agents and other representatives (hereinafter “Representatives”), licensees and service providers (hereinafter “service providers”). IF YOU DO NOT WISH TO TRANSFER THE RIGHTS AND PERMISSIONS SET FORTH IN THIS SECTION 6 TO US, PLEASE DO NOT UPLOAD ANY UPLOADS TO THE SITE.

c. Disclaimer for uploads. It is possible that users of the Website may post information or material on the Website that is false, misleading or that otherwise violates these TOU. We, our affiliates and artists, agents and service providers do not endorse such information and material and are not responsible for any information and material available through the website. All Uploads are non-confidential and may be used by us: (i) without any confidentiality obligations and (ii) without reference to you or any third party. We reserve the right to determine the number and size of uploads permitted as well as the available storage space on the website at our sole discretion.

d. Confirmation. You hereby acknowledge and agree that you have (i) received reasonable compensation in exchange for the assignment of rights and for any uploads you upload, including, but not limited to, the opportunity to participate in activities on the Website and the ability to do so for you Awareness and public perception arises from the use of the uploads (or edits thereof) by us (or by our affiliates); and (ii) that you have no further claim to compensation from the use or other evaluation of the uploads within the scope of the rights transferred here or to which we are legally entitled by us or our affiliates or any third parties (in particular our artists, representatives and service providers of our affiliates).

e. Representations and Warranties. You hereby represent and warrant that (i) you have the right and authority to enter into this Agreement (ii) you are the sole owner of the rights to the Uploads or have all necessary rights and permissions to the Uploads that you upload , evaluate and transfer the rights mentioned here, and with regard to third-party content that appears in the uploads or is incorporated in any other way, that you have the rights thereto by express written declarations from all rights holders in accordance with the rights transfer have clarified the scope required by this Section 6; (iii) you have obtained the written consent, release or approval of all persons who appear in your uploads in a recognizable form, so that the names and likenesses of such persons are permitted in the manner specified in these TOU, or if any of these persons do has not yet reached the age of eighteen (18), you have obtained the written consent, release or approval of the legal representative. Written consent, release or approval must be presented to us upon request; (iv) any uploads you upload and the use thereof by us, our affiliates and our and their agents (including without limitation our and their artists, agents and service providers) do not infringe any patent, copyright, trademark, trade secret or other intellectual property rights and infringe or violate any other rights of third parties; (v) any Uploads you upload are non-confidential and do not contain any sensitive content; and (vi) by creating, preparing and posting Uploads, you (A) comply with and will comply with applicable law and all other guidelines and rules (including, without limitation, our Code of Conduct), and (B) you are not bound by any agreement expressly or otherwise are implicitly bound (in particular agreements with third parties) have been violated or will be violated. If you upload uploads that contain a recognizable likeness of a person, we strongly recommend that you do not include any information in the upload that would identify that person (e.g., the person’s name or address).

f. Further explanations. You agree, at any time upon first request, to (i) take, or cause to be taken, all actions to enable us and our Affiliates to fully enjoy the rights to which we are entitled under this Agreement, and (ii) provide a written copy of this Agreement sign.

G. No obligation to use. For the avoidance of doubt, it is at our sole discretion whether or not we exercise the usage rights to the uploads granted here. We are not obliged to use or evaluate the uploads.

7. Unsolicited submissions. Notwithstanding anything to the contrary in these Terms and Conditions, neither we nor our affiliates accept, request or consider any unsolicited ideas, offers or suggestions sent to us by you (hereinafter “Unsolicited Submissions”), whether related or unrelated to the Website and/or our products. We do not treat Unsolicited Submissions as confidential, and all Unsolicited Submissions automatically become our sole property (or the property of our affiliates) upon receipt. We and our affiliates have no obligations whatsoever with respect to the Unsolicited Templates and are free to use them for any purpose as we see fit; There is no remuneration to be paid to you or to third parties for unsolicited submissions.

8. Monitoring. We are entitled, but not obliged, to (a) check (monitor), evaluate and modify your uploads before or after they appear on the website; (b) require you to provide evidence that all rights, consents, releases and approvals for the applicable Uploads have been cleared and obtained in accordance with the representations and warranties above; (c) reject, refuse or remove any Uploads at any time for any reason (including, without limitation, if we believe that all rights, consents, releases and permissions for the relevant Uploads have not been cleared and obtained as set out in the representations and representations above). You agree to support us in the aforementioned monitoring. We may disclose any Uploads and the circumstances surrounding their transmission to any third party for any reason and for any purpose consistent with our Privacy Policy. If you become aware of any unlawful, offensive or objectionable material on the Website (other than material which infringes copyright – this case is governed by paragraph 22), please contact us at info@starwood-media.com, providing your name and address, as well as a description of the material in question and its URL and location.

9. Sales and Products. Unless we expressly state otherwise, any purchase of products available on the website (hereinafter “Purchase”) as well as your use of the products is subject to our General Terms and Conditions for Web Purchases (hereinafter “Terms and Conditions”), which you can find at this link  clearsound media You can view the terms and conditions  . If a purchase or use of a product is subject to a separate agreement concluded with us or our affiliates and this agreement contradicts the General Terms and Conditions or the General Terms and Conditions, the provisions of the separate agreement take precedence in case of doubt. Reference to specific products on the Website does not necessarily mean that we endorse that product.

10. Rules for Promotions. Additional conditions of participation may apply to sweepstakes, competitions, raffles and other promotional campaigns on the website (hereinafter “Promotions”). If you participate in promotions, please read the terms and conditions and our privacy policy carefully. If the conditions of participation for promotions contradict these T&Cs, the conditions of participation take precedence in case of doubt.

11. Our intellectual property rights. We and the affiliates or our respective licensees own the information and material on the website. This information and material is protected by applicable copyright, trademark, patent and other proprietary rights and laws. You agree not to reproduce, modify, rent, loan, sell, distribute or create derivative works from the Website (in whole or in part) or the information and material accessible through the Website.

We and the affiliates or our respective licensees are the owners of the trade names and brand names on the website, in particular Starwood-Media GmbH. Ownership of all brand names on the website that are not owned by us or the affiliates belongs to their respective owners. You are not authorized to use our trade names and brand names in connection with any products or services of third parties (including being considered third parties for this purpose), or in any manner that creates a likelihood of confusion. No rights to use trade names and brand names are transferred to you in any way on the website. To be effective, such a transfer of rights always requires the prior express written consent of the right holder.

PLEASE NOTE THAT UNAUTHORIZED USE OF SERVICES AND PRODUCTS, INCLUDING THE SOFTWARE UNDER THE SERVICE, MAY CAUSE YOUR CIVIL AND CRIMINAL LIABILITY (INCLUDING, INCLUDING, DAMAGES AND FINE PENALTIES). THIS PARTICULARLY APPLIES TO COPYRIGHT VIOLATIONS COMMITTED BY YOU.

12. Third Party Applications. The website also contains, among other things, software applications and services from third parties (hereinafter “third party applications”). We do not review third party applications. Therefore, you agree that neither we, our affiliates, nor our artists and representatives are responsible or liable for any Third Party Applications. This applies in particular to the performance, accuracy, freedom from errors, quality, legal compliance, usefulness and security of third-party applications as well as the intellectual property rights therein. We have no obligation to monitor Third Party Applications and we may block or restrict access to them, in whole or in part, from the Website at any time. The availability of third-party applications on the website does not mean that we endorse them or that we have any association with the respective service providers. Furthermore, it may be that the use of the third party application is subject to additional terms of use that go beyond these T&Cs and our privacy policy (e.g. terms of use of the service providers themselves that apply to the respective third party application). These TOU do not create any legal relationship between you and the Third Party Applications service providers with respect to them, and we, our affiliates, our artists, agents and service providers make no representations or warranties regarding Third Party Applications in these TOU.

13. Third Party Content. The website may contain functionalities that allow you to use means of communication provided by third parties via the system or network of which the website is part and to gain access to content provided by third parties (hereinafter “third party content”). ). By using Third Party Content through any feature of the Site, you acknowledge and agree that you are authorizing us to make the Third Party Content available to you and to transmit it to you. Because we have no control over Third Party Content, you agree that we have no responsibility or liability for it, including without limitation with respect to the performance, accuracy, freedom from errors, quality, legal compliance, usefulness and security of the Third Party Applications and the Intellectual property rights therein. We have no obligation to monitor Third Party Content and we may block or restrict access to it, in whole or in part, from the Website at any time. The availability of third-party content on the website does not mean that we endorse it or that we have any association with the respective service providers. Furthermore, it may be that the use of the third-party content is subject to additional terms of use that go beyond these T&Cs and our data protection declaration (e.g. terms of use of the service providers themselves, which apply to the respective third-party content). These TOU do not create any legal relationship between you and the Third Party Content providers with respect to them, and we, our affiliates, our artists, agents and service providers make no representations or warranties in these TOU with respect to Third Party Content.

14. Links and Feeds. The Website may provide links to or feeds from other websites and other online sources. We and our affiliates are not responsible for such links and feeds and do not endorse such external websites and sources. ACCESS AND USE OF THIRD PARTY SITES, CONTENT AND SOURCES IS AT YOUR OWN RISK. For the avoidance of doubt, as a content provider we are responsible for the “own content” that we make available for use in accordance with general law. A distinction must be made between this own content and cross-references (“links”) to the content provided by other providers. Through the cross-reference, we provide “external content” for use that is marked in this way: “Links” are always “living” (dynamic) references. When we first linked it, we checked the external content to see whether it could give rise to possible civil or criminal liability. However, we do not constantly check the content to which we refer in our offer for changes that could give rise to new liability. If we discover or are advised by others that a specific offer to which we have provided a link gives rise to civil or criminal liability, we will remove the reference to this offer.

15. Limitation and Disclaimer of Liability. We and our affiliates are liable for all damage caused by intent or gross negligence, as well as for culpable injury to life, body or health. Otherwise our liability is excluded. Our liability under the Product Liability Act remains unaffected.

16. Release of Liability. You agree to indemnify us and our affiliates, as well as our artists, agents and service providers, from all claims, damages and costs (including reasonable attorneys’ fees) arising from: (a) your use of or activities on or in connection with the Site ; (b) any breach by you of the TOU; (c) the use, evaluation or failure to use any uploads (or parts thereof) that you have uploaded; (d) Claims that were caused by your upload or its use or evaluation or that arose from the violation of the rights of third parties, in particular with regard to legal infringements, embezzlement, insults, defamation, violations of privacy and personal rights and violations of rights associated with are related to the aforementioned rights, whereby this applies to facts from the past, present and future. For the avoidance of doubt, the exemption from liability only applies in the event that there has been culpable behavior on your part.

17. Termination of Contract. This Agreement is effective until terminated. We have the right to prevent you from accessing or using the Website; (b) user name or password or (c) files and information associated with your user name or password at any time for any reason. If we exclude you from accessing the website, you will not have any claims against us, the affiliates, the respective artists, representatives and service providers. We, the Affiliates, our artists, agents and service providers will not be liable for any termination of your access to the Site or any information and files, and will have no obligation to provide you with access to such information and files following any termination. We may take any action we deem appropriate to enforce this Agreement against you or to verify your compliance with this Agreement (including, without limitation, taking any legal action relating to your use of the Website or products on the Website and any claims third parties alleging that your use of the Website or Products is unlawful or infringes the rights of the third party). The provisions of paragraphs 2, 6-8, 11-19, 21-23 and 25 continue to apply even after termination of this contract.

18. Governing Law; Litigation. You agree that this Agreement (and any claim or dispute arising out of this Agreement or the use of the Website) will be governed by the laws of the Federal Republic of Germany, without regard to its applicable laws regarding competing jurisdictions, and you agree that the exclusive The place of jurisdiction is at the responsible court in Lindau/Bodensee.

Notwithstanding the preceding paragraph, if you are a permanent resident of a member state of the European Union (EU), this Agreement (and any claim or dispute arising out of this Agreement or the use of the Website) shall, to the maximum extent permitted by law, be governed by the laws of the United States Kingdom (notwithstanding any laws governing competing jurisdictions therein), and you agree that exclusive venue shall be in the courts of competent jurisdiction in England and waive all objections to jurisdiction, venue or jurisdiction for you is inconvenient. Clearsound media, Uwe Spies reserves the right to move the place of jurisdiction to the Federal Republic of Germany for good reasons.

You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You acknowledge that any unauthorized use of the Site, the Products, any related software or materials, and any third party applications will result in irreparable harm to us, the Affiliates, their respective Artists, Agents and Service Providers which cannot be remedied even by paying money. As far as possible, in this case we, the affiliates, the respective artists, representatives and service providers are entitled, in addition to the legal and contractual rights to which we are otherwise entitled, to claim an injunction from you. The provisions of these T&Cs in particular do not affect our legal rights and remedies (as well as those of affiliates, our artists, representatives and service providers). This applies in particular to all rights and claims arising from the infringement of intellectual property.

19. Access Restrictions for Minors. We would like to point out that control software is available from specialist retailers that can help you restrict access to harmful material by minors. For more information, visit  http://kids.getnetwise.org/  and  http://onguardonline.gov/ . Please note that we do not recommend or support any of the products presented there in any way.

20. Information and Complaints. If you have any questions or complaints regarding the Website, please contact us at clearsound.spies@gmail.com. E-mail communication is not necessarily secure, so we ask you not to send us credit card information or other sensitive information in your e-mails. You can also reach us at  info@starwood-media.com  .

21. Advance Notices. Information on the Website that concerns us, our affiliates and our or their management and which does not describe past facts are so-called “advance notices”. Advance notices are only non-binding predictions and actual events/circumstances in the future may differ materially from the events/circumstances described in any advance notice. Various external factors and risks affect our operational business, as well as the markets, products, services and prices. These factors and risks are discussed in our most recent annual report, which is filed with the relevant Securities and Exchange Commission and other locations agreed with the Securities and Exchange Commission. You can view the most current documents in this regard via the “SEC EDGAR” system at  www.sec.gov  , or you can also obtain these documents directly from us free of charge. We disclaim any liability or responsibility to update, revise or supplement any advance notice or any other statements made on the Website.

22. Notification of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for authors who believe that material accessible on the Internet infringes their rights under U.S. copyright law. If you believe that any material accessible on the Site infringes your copyright, you (or your agent) may send us a request to remove or disable access to the relevant material from the Site. If you believe in good faith that someone has falsely accused us of copyright infringement, the DMCA permits you to send us a counter-notice. Requests to remove material and counter notices must comply with the then current form requirements of the DMCA. For details, see  http://www.copyright.gov . Please send requests to remove material and counter notices to:

Starwood Media GmbH

Management
Kirchenanger 1
D-88175 Scheffau
Telephone number: +49 8387 924000
Email: info@starwood-media.com

We recommend that you obtain legal advice before issuing a request to remove material or a counter notice.

23. Legal capacity. By using the website, you warrant that you are of legal age and have full legal capacity. If you are a minor (i.e. have not yet reached the age of eighteen), you warrant that your legal representative (usually your parents) has agreed to this contract.

24. Contact. If you have any questions about these TOU, please direct your questions to info@starwood-media.com . E-mail communication is not necessarily secure, so we ask you not to send us credit card information or other sensitive information in your e-mails.

25. Miscellaneous. This Agreement does not create a partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. If one or more provisions of these TOU are invalid, such provision will not affect the effectiveness and enforceability of all other provisions of the TOU. You may not assign, transfer or sublicense your rights and obligations under this Agreement to any third party unless we have expressly agreed to this in writing in advance. If one of the parties waives or does not assert claims due to a breach of contract in an individual case, this does not simultaneously constitute a waiver of claims and rights arising from past or future breaches of contract. An essential part of these T&Cs are all other provisions that we make available on the website (in particular our data protection declaration and the general terms and conditions). Unless expressly provided otherwise elsewhere in these TOU, these TOU constitute the final agreement between you and us and supersede all prior and current written or oral agreements and understandings relating to the subject matter hereof between you and us.

We are entitled to effectively make legally relevant statements to you at our sole discretion via posts on the website, by email or by post. We may also communicate changes to these TOU by displaying or linking to the Website. You agree that in the event of a dispute, these TOU and all other notices given in electronic form will be made available in printed form, as will all other business documents and files. We accept no liability for circumstances beyond our control. With the exception of the provisions of the following sentence, these T&Cs establish rights, remedies, obligations and obligations exclusively between the contracting parties. Without prejudice to the foregoing sentence, you agree that with respect to the Affiliates, the respective artists, agents and service providers who own content or from whom we have acquired licenses or other rights to use their content and services, you agree that these TOU constitute a contract for the benefit of third parties, so that the aforementioned persons themselves have the right to enforce the provisions of these T&Cs that concern them in their own name; otherwise, and only to the extent that English law applies, a person who is not a party to this contract shall have no right or claim under the Contracts (Rights of Third Parties) Act 1999. Without prejudice to the preceding sentence, our right to agree to, withdraw or terminate any modification, waiver or settlement under this Agreement is not subject to the consent of any third party.

For all content and materials on the website © 2023 Starwood Media GmbH. All rights reserved