§ 1 Scope
§ 2 Conclusion of the Contract
I. The contract is deemed concluded if and when the User has successfully registered for the first time.
II. By using the services rendered by 1000MIKES, the User declares and guarantees that he or she is of full age.
III. The User declares and guarantees, that
- a. his or her utilization within 1000MIKES does not violate any laws or regulations;
- b. all information stated during the registration process, and included in the personal profile are true and correct;
- c. the correctness of this information is ensured in the future as well.
IV. This contract is valid for the entire duration of membership or usage of the services rendered by 1000MIKES, for an unlimited period of time.
§ 3 Rules of Membership
I. The utilization of 1000MIKES is free of charge for listeners, and for broadcasters with the Standard Account. Pro accounts are available for a monthly subscription fee. They provide extra features and fewer limitations (see Cuentas Pro).
The User is obligated to make correct information available and to ensure the correctness of any data initially submitted during his or her registration and publicized in his or her profile.
II. Each User of 1000MIKES carries full responsibility for his or her activities within this offer. 1000MIKES neither voices its consent to the contents posted nor is in command of the same. In addition, monitoring of the contents through 1000MIKEs prior to posting is not always doable. 1000MIKES render neither guarantees for contents nor for the accuracy and reliability of contents, material or information forwarded from one User to the next.
III. The following selected exemplary contents may not be published or distributed via the 1000MIKES platform. 1000MIKES reserves the right, in its sole discretionary power, to examine anyone infringing on this stipulation, and to take counteraction accordingly. This also includes deletion of those contents and immediate exclusion of the User from services rendered by 1000MIKES. Prohibited contents, amongst other things, include(s):
- a. obvious offensive contents and such that support right wing radicalism, racism, fanaticism, hate or physical violence of any kind towards any groups or individuals;
- b. any type of harassment of another individual or support of harassment;
- c. support of sexual or violent exploitation towards individuals;
- d. supporting information that is false or misleading and that promote illegal activities, and/or behavior that is offending, threatening, obscene, defaming or slanderous;
- e. distribution of illegal or unauthorized duplicates of a copyrighted piece of work or unauthorized usage and publication of a registered trademark.
- f. contents that support criminal activities or intentions and/or include instructions for illegal activities.
IV. Activities intended to make the offer's functions inoperative, or at the least, impede its usage, are prohibited and can be prosecuted according to civil law. Particularly measures that physically and logically influence the offer's structure are prohibited.
V. In the event of rights violations taking place whilst using the User's access, the User shall indemnify 1000Mikes of all arising third party claims.
VI. The User is obligated to protect his or her access from unauthorized persons, in particular to keep his or her password secret.
§ 4 Copyright and Usage Rights
I. Upon provision to or publication of contents on 1000Mikes, all usage rights concerning these contents remain in the User's possession, who in turn, exercises arbitrary control of the same. However, the User allows 1000MIKES to make use of their posted contents for marketing purposes on the platform and grants 1000MIKES transferable, simple, spatial, temporal and unlimited usage of the content rights, free of charge. This particularly includes, however not conclusively, the rights to process the contents for presentation reasons, to adjust format requirements or improve presentation quality, and in this respect, to also publicly offer, advertise, reproduce and distribute the modified form.
According to the Creative Commons Licensing System, the User may define the extent of third party use for each audio file recorded. Besides the option of reserving all rights, the following license standards respectively the corresponding combinations are available:
- Attribution It is permitted to copy, distribute, display, perform, and remix your audio file/ copyrighted work, as long as you are given credit in the manner you request.
- Non-commercial It is permitted to copy, distribute, display, perform, and remix your audio file/work for non-commercial purposes only. If they want to use your work for commercial purposes, they must contact you for permission.
- No Derivatives It is permitted to copy, distribute, display, and perform only verbatim copies of your work — not make derivative works based on it. If they want to alter, transform, build upon, or remix your work, they must contact you for permission.
- Non-commercial / ShareAlike It is permitted to create remixes and derivative works based on your creative work, as long as they only distribute them under the same Creative Commons license that your original work was published under.
II. The User may only transfer or publicize contents for which he or she has the required rights (particularly usage of rights, copyrights or ancillary copyrights).
§ 5 Termination of the Contractual Relationship
I. Both parties are entitled to terminate the contract with immediate effect at any time.
II. From the User-side, termination is possible in written form or via e-mail to firstname.lastname@example.org. Upon termination of the contract and upon request, the User's data will be deleted from 1000MIKES. 1000MIKES will notify the User of termination via e-Mail. In the event of termination, the User's interests will be respected.
§ 6 Liability
I. 1000MIKES assumes no responsibility for information and data from third parties. This particularly applies to the completeness, accuracy, and freedom of rights of third parties or conformity to legal provisions or other mandatory rules.
II. 1000MIKES is only liable, as far as its auxiliary persons and/or legal representatives are charged with willful intent or gross negligence. This does not apply, as far as major responsibilities within the contract have been infringed upon by 1000MIKES, its auxiliary persons and/or legal representatives.
III. In the case of minor negligence, liability of 1000MIKES and/or its auxiliary persons and legal representatives is excluded for financial losses concerning indirect damages, particularly consequential damages, unforeseeable damages or atypical damages.
IV. 1000MIKES takes no responsibility for the functionality of the systems made available. In particular, no responsibility is taken over for errors, omissions, interruptions, defects, delays during operation or transmission, breakdowns of the communication channels as well as unauthorized access or larceny, destruction or alteration of Users' notes. 1000MIKES is not responsible for problems or technical breakdowns in connection with telephone networks or channels, online systems, servers or providers, computer equipment, software as well as for breakdown of e-mail systems or players, due to technical problems or data jams on the internet and/or one of the services from 1000MIKES, or a combination of the aforementioned. 1000MIKES assumes no responsibility for the transfer and/or timely transmission of information, data, e-mails and other communications.
V. In particular, 1000MIKES is neither responsible for maintaining data and services nor to not interrupt or alter existing information. In the rare event that technical problems occur, 1000MIKES will strive to inform the Users about this in a timely manner.
VI. 1000MIKES is entitled to discontinue the platform, either partially or completely, at any time with or without giving reason(s).
VII. 1000MIKES makes note that the use of any audio files, images, texts, logos, etc. is subject to the explicit permission/consent of the owner of the respective rights. 1000MIKES is not liable for any violations thereof. Should however, a violation be reported, 1000MIKES will immediately authorize removal of the reported content.
§ 7 Warranty
1000MIKES does not warrant that the offer will be accessible at all times and free of error. This particularly applies to inaccessibility due to interferences that lie beyond 1000MIKES' sphere of responsibility or control.
§ 9 Area of Jurisdiction
I. The area of jurisdiction is Stuttgart.
II. The laws of the Federal Republic of Germany apply. The UN-CISG (United Nations Convention on Contracts for the International Sale of Goods) is excluded.