Terms of use
1. Scope of application
1.1 The following terms of use shall apply exclusively to the usage and business relationship for the use of the online offer BANDZONE between 4YKINGS GmbH, Kiefernweg 36, 82319 Starnberg (hereinafter "provider" or "we") and the user (hereinafter "user" or "you").
1.2 The currently valid terms of use can be accessed online at https://the.band.zone/en/legal/terms-of-use and printed out.
1.3 Deviating terms and conditions of the user are not recognized unless the provider expressly agrees to their validity in writing.
2. Registration and user account
2.1 In order to use the services of BANDZONE, the user must create a free user account. By completing the registration of the user account, a user contract is concluded with the provider.
2.2 The registration of a user account requires the provision of an e-mail address and a password ("log-in data"). The e-mail address is also used for communication between the user and the provider. For this reason, the e-mail address is verified by a confirmation e-mail during the registration process.
2.3 User accounts are personalized and may only be used by the registered user. Passing on the log-in data to third parties is prohibited.
3. Use of the Online Offer
3.1 The services provided by the Provider to the user within the scope of its online offer currently include, among others, the possibility to manage information about the band as well as songs, set lists, dates, performance venues of the band together with its band members. The range of functions within the band management depends on the function package booked by the user. For details see the price list of the provider.
3.2 There is no claim to use and/or provision of the online offer. In particular, the provider is entitled to block the user as a whole or the user's access to individual content, for example if there is suspicion that the user is violating applicable law or the rights of third parties.
3.3 The provider shall endeavor to ensure uninterrupted operation of the online service. It is at his discretion to restrict access to the online offer at any time, for example due to maintenance work, capacity limits or changes to the offer, in whole or in part, temporarily or permanently. Furthermore, the provider has no influence on external circumstances, such as server availability or data networks. It is therefore recommended not to use the online offer without an appropriate backup in a scenario where even any short outages could lead to damage (for example, during live performances).
4. Posting of content by the user
4.1 When posting or creating content, the user is obligated to comply with legal regulations (e.g. criminal law, competition law and the law for the protection of minors), official directives and public morality and not to violate the rights of third parties (e.g. copyrights, rights to a name, trademark rights or other property rights).
4.2 In particular, the posting, creation and dissemination of content is prohibited that contains racist, violence-glorifying or extremist depictions, that incites or encourages criminal acts or violations of the law, that contains threats against life or limb, that specifically incites against persons or associations of persons, that violates personal rights or that contains or relates to sexually harassing, pornographic, offensive or sexist statements or depictions. This also applies if content is linked to or if third-party content is integrated in any other way.
4.3 Content protected by copyright may only be posted or distributed with the consent of the respective rights holder and, where applicable, within the scope of the relevant quotation law or the right for private use. Quotations are to be marked as such in accordance with the legal requirements. It must be ensured that reproductions are only made from legal sources.
4.4 If the user enters personal data of third parties in the online offer, for example contact data, etc., he must ensure that the persons concerned agree to the processing of this data. The provider will not use this data for its own purposes.
4.5 The provider does not adopt third-party content as its own. The provider reserves the right to block or delete third-party content if it violates the aforementioned requirements, in particular legal requirements.
4.6 The user shall exempt the provider from all claims asserted by third parties against the provider due to the infringement of their rights or due to legal violations based on the content posted by the user. In this regard, the user shall also assume the costs of the provider's legal defense, including all court and attorney's fees.
5. Rights of use
5.1 For the operation of BANDZONE, it is necessary that the user grants the provider the rights of use required for the provision of the online offers. The Provider shall use these exclusively for the operation and provision of the offers. For this purpose, the user grants the provider a spatially and temporally unlimited, irrevocable, transferable, non-exclusive, gratuitous right to use and reproduce the posted content in the online offer. In particular, the provider is entitled to exercise all rights of use within the meaning of §§ 15 ff. UrhG (German Copyright Act). The user waives the right of naming the author. The user's option to grant third parties rights to posted content remains unaffected.
The provider requires the aforementioned rights of use exclusively for the provision of the platform and its functions. Any further use of the content for own purposes, for example marketing or advertising purposes, does not take place.
5.2 By uploading content, the user declares that he/she is able and entitled to grant the above rights of use, in particular that he/she does not infringe any third-party rights and that he/she has the consent of any other rights holders, e.g. co-authors.
5.3 By uploading or posting content to the online offer, no rights to this content are transferred to other users or other third parties, for example to reproduce, distribute, publish or use this content for other own purposes.
6. Duties of the user
6.1 The user has the possibility to inform third parties via e-mail about the online offer and to invite them to use it by means of an invitation function provided. If the user uses this option, he must ensure that the third party agrees to the invitation e-mail being sent.
6.2 The user may not use the invitation function or any message functions within the online offer for advertising purposes, and in particular may not send unsolicited messages to third parties or other users without the prior consent of the recipient.
6.3 Actions that are likely to impair or overload the operation of the online service are prohibited. This includes, in particular, the automatic reading, modification or copying of data or other content, unless this is necessary for the proper use of the online service. The user is responsible for ensuring that the content posted on the online service is free of viruses or other malware. The user is obligated to compensate the provider for all damages resulting from the user's failure to comply with these obligations and to indemnify the provider against all claims by third parties that are asserted against the provider due to the user's failure to comply with these obligations, including any court or legal costs.
6.4 The provider asks the user to inform him in case of occurring disturbances, so that necessary error corrections can be made. In addition, users are requested to inform the provider if they become aware of content of other users that obviously violates applicable law or the rights of third parties.
7. Liability
The provider is liable for intent and gross negligence without limitation and according to the provisions of the Product Liability Act. For slight negligence, the provider is only liable for injury to life, limb or health of persons. In addition, the provider is liable for slight negligence in the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the compliance with which the user may regularly rely. The liability in case of breach of an essential contractual obligation is limited to the damage typical for the contract.
The limitations of liability set out above shall also apply mutatis mutandis to the benefit of the provider's vicarious agents.
8. Duration of contract and termination
8.1 The contractual relationship between the provider and the user runs for an indefinite period of time and can be terminated by either party at any time without observing notice periods or stating reasons.
8.2 The right of both parties to terminate the contractual relationship at any time by extraordinary termination for good cause remains unaffected. An important reason for the provider exists in particular if the user persistently violates his duties according to clause 6.
9. Final provisions
9.1 The laws of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, unless mandatory consumer protection laws of the country in which the user has his permanent residence conflict.
9.2 Should any of these provisions be or become invalid, this shall not affect the validity of the remaining provisions.