Verein OKiTALK The talk from person to person
§ 1. General Terms and Conditions • The web portal of the association OKiTALK The talk from person to person available under the domain http://okitube.okitalk.tv/, in the following named provider, is operated and legally represented by the chairman of the association, Klaus Glatzel, Kirchweg 11, A-3071 Kirchweg
• The portal allows registered members (hereinafter members called, see § 4 and 5) the use or use of various Services for the publication of information. The published Information is shared with other members and unregistered visitors of the portal.
• Members and visitors are referred to below as "users".
• Accepted with the use and utilization of the OKiTALK offer the user these terms and conditions.
• Notification and changes notified to the user at a later date by e-mail the terms and conditions of use and the contract of use (see § 5) are available online and supplement or replace the ones mentioned here general provisions, provided that they overlap or contradict each other.
§ 2. Subject and scope of the offer from OKiTALK • The provider provides members under 3.1 and 3.2 and visitors to the services and information described in 3.2.
• A claim for availability of the offered services and functions does not exist. The provider reserves the right to limit the scope of the services and functions offered at any time and without stating reasons or to stop.
• Unpredictable system outages may result in temporary or permanent system outages and data loss. The provider is not liable for any resulting damage or data loss.
• The provider can not guarantee a constantly stable telephone and Internet network. Therefore, the provider can not afford any fee for a permanent technical Functionality of the portal to take over.
§ Third Services
3.1 Publishing Information The provider provides its members listed below Services for the publication and dissemination of digital information. The conditions for using these services are listed in the license agreement (§ 5) regulated. • the publishing of digital music files (MP3) and digital video files for a fee-based download.
• the publishing of image data (digital photos, graphics, etc.) and the linking of images with information.
• the publishing of text contributions (News, Comments)
• publicizing information about artists (Contact details, biographies etc.)
• the publishing of user profiles or company profiles with personal details / company
• the dissemination of information on venues (clubs, discotheques, Gastst & auml; kill etc.) with descriptive texts, address information, directions, etc.
• the publicity information about events (concerts, parties, etc.) with dates, Venues, descriptive texts, etc.
3.2 Access to Information Furthermore, the provider provides services that enable users to access the information described under 3.1 as well as the content created by the provider itself:
• the web portal itself to retrieve the information with a web browser
E-mail messages sent to users by request from the provider (newsletters, notifications, etc.)
• Certain features are only available to registered members.
§ 4. Register as a member • In order to use the services described under 3.1, the user must register as a member. Registration is free and entails the opening of a member account protected by a username and password. The opening of a member account is under agreement to these terms and conditions.
• By signing up, a contract is concluded between the provider and the member for the use of the services offered on OKiTALK (hereinafter referred to as the "User Agreement"). Other fixes § 5.
• Registration is permitted for all natural and legal persons. When registering, the member will choose a username and password. The member name may not consist of an e-mail or Internet address, does not violate the rights of third parties, in particular no name or trademark rights, and does not violate the common decency. The member must keep his password secret.
• The member is free to create multiple member accounts. Abuse of a member account is prohibited.
• By registering, the member agrees to receive a newsletter by e-mail from the provider at regular disbursements. The newsletter may also contain advertising. A later deregistration from the newsletter is possible.
§ 5 User Agreement
5.2 Rights Enforcement • The user reschedules the provider to the one left by the user Data and other informational material (eg music titles, pictures, texts, etc.) For the duration of the user account's hold the right to the users of the web portal OKiTALK excerpts or parts of the web portal mentioned set digital music files (MP3) and digital video files to the purpose of the test for a period of not longer than ... Seconds free via the web portal. For the said period of time In addition, a free use of the members in the web portal set files are not possible.
• The provider does not claim any ownership rights in texts, files, images, photos, videos, sounds, musical works, works of art, applications or other materials (in total "content") that users have uploaded to the OKiTALK web portal, & uuml; be transmitted, displayed or published. After the publication of content on the web portal OKiTALK, the users continue to retain all rights which the users have in their content, subject to the limited license applicable here. By posting content on the web portal OKiTALK, the user grants to the provider a limited license to use, modify, delete, add to and supplement the content only on the web portal OKiTALK Web portal & public darzubieten.
This limited license also gives the provider the right to sell the content provided by the users to the web portal OKiTALK for the account of the user. Payment is made exclusively via the payment system set up by the provider. The user, who downloads content from the web portal OKiTALK for the purpose of permanent personal use, is obliged to pay for the download the respective price shown for the content in question, as well as all charges incurred in the course of the payment process GebÃ¤ndl.
• Between the offerer and the member, which one for sale over the Web portal OKiTALK provides content on the aforementioned web portal is agrees that the provider is entitled to receive from him for account the purchase price received by the member, a share of ...% as sales fee / commission withhold. The provider undertakes to pay the purchase price minus the immediately after receipt of said sales fee / commission his account to the selling member on that to be posted by this Forward bank account. At most, from the bank of the selling member fees charged for the transfer, expenses etc. increase Loads of the selling member.
• When the user posts the content he posts from the web portal OKiTALK removed, the provider's distribution will be as soon as practicable and possibly adjust. At the time when dissemination ceases, The license ends in the scope described above.
The Provider may exercise its rights and obligations under this Agreement at any time in whole or in part to third parties - in particular cooperation partners - for the purpose rendering services in accordance with the operated platform.
5.3. Warranties When using one of the § 3.1 services guaranteed the member provides the following guarantees.
5.3.1 General Warranties The user guarantees in his own name or on behalf of the person by any natural or legal persons represented on the platform by him or her all provided media or information,
• that they are either free of third party rights (eg copyrights, patents, trademark rights) or the express permission of the respective copyright holders for the intended use of the provided media (eg publication, duplication, etc.). public accessibility, Playback, etc.).
• they correspond to the truth
• they are free of unlawful, inhuman or otherwise offensive conduct, in particular not obscene, offensive, defamatory, abusive, pornographic, embarrassing, racist, xenophobic or are otherwise reprehensible. • contain no technically harmful components (active code, viruses, executable programs) that could interfere with the operation of the platform or discourage other users.
5.3.2 Special guarantees when uploading music files (MP3s) or video files The user guarantees in his own name or on behalf of the by artist represented on the platform (for groups on behalf of each group member) all uploaded files that
• the author of the work and, when recording, solely contributing person Artist, or the written consent of all participating artist (s) owns • who has produced the work or written consent the producer owns
• the owner or authorized representative of all rights in the work and possibly used trademarks, which he encloses the offerer and the work is free of third party rights (cover versions and remixes are not allowed)
• Information on whether a membership of the author (s) (copywriter / composer) is present at a rights exploitation company or not, the correctness sector.
• all information on membership in a rights exploitation company is always up to date. In the event of a change in circumstances, the user commits himself to updating the respective artist profile at OKiTALK or to delete the relevant content.
5.4 Adhesion • The provider is in no case liable for any damage resulting from the violation of the guarantees by the user. The user holds the provider in this regard free of any damage. Should e.g. false information is available, so Any costs incurred will be charged to the user by the provider.
• Should the supplier notice deliberate or unconscious verbs against the guarantees formulated in 5.3.2 (guarantees when uploading music files), then a processing fee of EUR 100.00 will be payable in full, independently from the costs possibly incurred in 5.4.1. In case of recurrence A warning is given by a lawyer.
• The provider is not liable for the loss of the uploaded data. It is the user's responsibility to keep the originals of his works securely on another Place to keep.
• The provider is not liable for server failures or other technical impairments of the platform, as well as any delays in relation to uploading or updating works.
• The provider is not responsible for the user's damage caused by other users within the community of the platform. In particular (but not exclusively), the provider is not liable for defamation, reputations and damage Reciting the user by other users who are on the platform are suspended.
• In addition, neither party shall be liable for any breach of contract that may occur on a higher or lesser basis Based on violence.
5.5. Deadlines • This contract is concluded for an indefinite period.
• The contract may be unilaterally terminated by the provider at any time if the user account remains inactive for a longer period, even after a reminder by e-mail. In this case, all or part of the user's data on the platform will be blocked or deleted. A later renewed agreement to this contract is possible at any time.
• If the user wishes to remove all or some of his content from the platform, he may do so at any time without notice do.
• The provider may at any time for any good cause or discretion Remove or disable the user's content from the platform.
• The provider retains the right to continue to store (backup) even after the content or the user account has been deleted, provided that claims of the provider or third parties are still in breach consist of the member.
• The Agreement is governed by and construed in accordance with the laws of the Republic of Austria and all disputes arising out of or in connection with this Agreement or the purpose of this Agreement are, to the extent permissible, the exclusive responsibility of each of them the provider of relevant Austrian courts. The place of fulfillment for both parties is 3071 Kirchweg, Austria.
7.1 Visit the site While the user is on the provider's website, the provider automatically collects information regarding the use of the website. This information may include, but is not limited to, the user's browser, the user's IP address, information about files viewed or downloaded by the user, the user's path through the website, and the date and time of the website access , This data is largely used for the statistical evaluation of visitor traffic on the website. The information automatically collected during the stay will in no case contain personal information Data of the user.
7.2 Collection and use of personal data
The provider stores personal data of the user, if he registers as a member. The provider will under no circumstances infringe the personal data collected Rent, sell or sell data to non-company people pass on.