Scope(1) pierlane GmbH (hereinafter referred to as “pierlane”) provides the service "Songpier” based on this Terms, by which the user can create and distribute own mobile applications (Apps).
Service(1) pierlane is running the online based service “Songpier” and enables the user, to create own mobile applications (Apps), through which musical content, which the user may enrich with additional information, can be distributed to third parties. To this extent the user will store on a server of pierlane (Upload) and can be streamed through the use of the Songpier software. The service will basically be offered for free. In case pierlane intends to offer additional services against payment (Premium Services) the user may use such services subject to a separate agreement. Without separate agreement pierlane will not render services against payment.
(2) pierlane does not provide telecommunication services, in particular pierlane does not provide internet access. Thus pierlane has no influence on the availability of the internet and/or the services. In addition pierlane does not provide own content, but enables the user to create and distribute own mobile applications with own content. Therefore pierlane is not responsible or liable for such content or its availability. In addition pierlane does not grant any guaranty or warranty of any kind regarding the content, including but not limited to scope, quality, availability or legality of such content.
(3) pierlane grants to the user a non-exclusive, non transferable right to use the Songpier service. pierlane reserves the right to show advertising within and in connection with the service, including but not limited to video-ads, banner ads or other kinds of advertisements. The user herewith agrees to that advertisements.
Registration, Customer Details, Passwords(1) In order to use the service a registration of the user at pierlane is necessary. All data provided by user during the registration are hereinafter referred to as Registration Data. The user represents and warrants that all Registration Data are correct, complete and valid. If there should be any changes to the Registration Data the user will inform pierlane immediately.
(2) The user must not disclose any password, by which access to and the use of the service is granted (hereinafter Password), to any third party or to allow any third party to use such Password. User must immediately inform pierlane if he/she becomes aware that a third party uses the Password or his/her account. If third parties uses the pierlane services by using the Password, the user is responsible and liable for any such use.
Content, Usage(1) pierlane stores the content, data and information ("Contents") for the user or solely grants access to it. Thus pierlane does not have any rights in the Content, except those rights which are necessary to grant the service. The user alone is responsible for the Content. The user represents and warrants that the Content does not infringe any law or regulation or any third party rights (name, trademark, privacy rights, copyright, data protection rights etc.). In particular the user is obligated and agrees not to display inciting contents, to promote criminal activities or to provide instructions for this purpose, and the user agrees to cease and desist to make available any service to underage persons with content of a pornographic nature, content that endangers minors or glorifies war or violence.
(2) With its service pierlane does not intend to provide a platform for political activities of any kind. Therefore it is not permitted to present contents of a political nature, such as party meetings, demonstrations, flyer/signature gathering activities as well as the illustration of political symbols.
(3) The user may not send any data or save it on a pierlane data carrier if the type of data or its composition (e.g. viruses), size or duplication (e.g. spamming) would be a danger to the existence or operation of the data center or the data network of pierlane.
(4) The user will not procure, install, use, execute, or make available software, files, information, or other content via the Songpier service for which he/she does not have the necessary rights, which infringe the rights of third parties, especially copyrights, intellectual property rights, like trademarks, registered designs, or patents, or which infringe the privacy or personal rights of third parties. , or to get access to information which is not meant for end users.
(5) If pierlane is aware of any violation of one of the aforesaid obligation by user pierlane is entitled to refuse Content, to delete Content and links to it, and/or to immediately terminate the contract. In this case pierlane undertakes no obligation to check any Content. In case of any breach of the aforesaid obligations by the user, he/she is also liable to pierlane for the compensation of any damages.
Representationpierlane only represents that the service does comply with the substantial functionalities described by pierlane. pierlane does not grant any exceeding guarantee, representation or warranty. In particular pierlane does not grant any representation with respect to the availability of the service and/or for the Content submitted by users, to which access will be provided.
Liability(1) pierlane stores the Content for the user or solely grants access to them. pierlane is not liable for the Content.
(2) pierlane shall be liable for the damage caused by it or by ordinary persons employed by it in performing an obligation in cases of ordinary negligence - also in case of non-contractual liability - only if an obligation whose observance is particularly important for achieving the purpose of the contract (cardinal obligation) is not fulfilled as well as in cases of damage to the life, body and health. In case of violation of a cardinal obligation, the liability is restricted to damage which must be typically expected within the scope of this agreement if there is no intention or gross negligence or if pierlane must incur liability because of damage to the life, body or health. pierlane’s statutory liability in case of personal damages and damages pursuant to the Product Liability Act remains unaffected.
(3) pierlane shall not be liable for damage which can be controlled by the user or which the user could have prevented by taking measures which can be reasonably expected of him/her. In case of loss of data pierlane is liable only to the extent of costs incurred during restoration if backups were available. The user is herewith informed about his/her responsibility for making backups in reasonable numbers and at reasonable time intervals. In no event pierlane is responsible for any damages which are caused by spying of data, hacker attacks, defective hard- or software of third parties or caused by force majeure.
(4) The aforesaid regulations do not reverse the statutory burden of proof.
(5) pierlane is not liable for any damages because a third party infringes the right of the user in the Content.
(6) pierlane distances itself from any content to which direct or indirect links exists from the service of pierlane. pierlane does not take any responsibility for such content or websites. Only the provider of such sites are responsible for the contained information. In addition pierlane does not take any responsibility for the advertisements of third parties which may be showed within the free service as well as for the goods and services which are subject to the advertisements.
Data Protection(1) pierlane will collect and process personal data of user without further approval by the user only for the purpose of contract fulfilment, including invoicing. Data collection, utilization, and processing are performed electronically.
(2) In accordance with applicable law and regulations pierlane will provide information and personal data to the respective law enforcement agency and courts for the purpose of law enforcement. For the purpose of advertising, market research and to configure appropriate services pierlane is allowed to create anonymous user profiles. The user has the right to object against the aforesaid processing and utilization of his/her data at any time. On request, pierlane will present the user with the stored data for his/her pseudonym, immediately and free of charge. On request of the user, this information can also be passed on electronically.
(3) For the rest pierlane will not pass personal data of the user to any third party without approval. pierlane explicitly points out to the user that the data protection and data security for data transmissions in public networks such as the Internet can as yet not be fully guaranteed with the current state of technology. The user knows that it is technically possible for pierlane to gain insight into Content and possibly other data stored on the server by user at any time. Other participants might also have the technical capability of illegally manipulating the network security and controlling the data traffic. The user is fully responsible for the safety and security of the data transmitted by him/her via the Internet and stored on web servers.
(4) The user agrees that pierlane may send emails for the duration of the contract regarding technical support, technical hints, information on the range of service, any enhancement possibilities and other information related to the service.
TermThis agreement runs for an indefinite period and may be cancelled by either party without cause. To this extent the user may unsubscribe the service. This may be done by cancellation of the user account under songpier.com. The user may also unsubscribe by letter to be sent to pierlane GmbH, Lichtenbergstraße 8, 85748 Garching, Germany. The cancellation by pierlane will take place by email to the address provided by user.
Final ProvisionsThe laws of the Federal Republic of Germany govern the legal relationship of the user and pierlane. As long as the user is a merchant, a corporate body under public law or under fund assets governed by public law, or holds his/her residence outside of the Federal Republic of Germany, Berlin will be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contract relationship. pierlane also has the right to bring proceedings against the user at its general place of jurisdiction.