General Terms of Service

 

These Terms of Service (“Terms”) are part of the agreement between Oscillate AG (“Us”, “We” or “Our”), registered in the Swiss commercial of the canton Zürich, identification number CHE-268.788.371 Riedtlistrasse 27, 8006 Zürich (hereafter “The Provider”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services (“The Services”) made available by The Provider, mainly on the website optune.me (“The Site”). By using or accessing the Services, you agree to be bound by all terms and conditions of this Agreement. In case you intend to use the Services but you have questions regarding these Terms of Service please do not use the Services but contact The Provider instead (support@optune.me).

 

The purpose of The Service is to provide Artists, Booking Agents, Promoters and Location Managers (“you”) with a platform and a database through which you can manage your engagements (bookings) and events. The Services include the possibility to syndicate and display these bookings to third-party services, such as FacebookWordpress or Onescreener, of your choice.

 

The Service is currently in development and you understand and agree that The Services may still contain software bugs, suffer disruption and do not operate as intended or designated. The recent Terms are available on The Providers’s website, namely at www.optune.me.

 

 

 

1. GENERAL CONDITIONS

The Terms published on the websites of The Provider, or the conditions of the customized agreement as the case may be, shall apply to all of The Services. The Provider may at any time change the range of The Services and limit individual services and/or cease providing them. We will host the Service and may update the content, functionality, and interfaces of the Service from time to time. Unless explicitly stated otherwise, any new features that augment or enhance the Services will be subject to these Terms.

This right is especially executed in any case of misconduct, as regulated in these Terms or in the applicable Swiss Law.

 

 

 

2. REGISTRATION AND DATA PROTECTION

As a condition to using The Services, you are obliged to provide accurate and recent registration information, including your E-Mail address, and select a strong and safe password. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your account. If there is ever an abuse issue, especially with your password, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account is accurate, correct and complete at all times. The Provider is not responsible for any lapse in The Services. We will take reasonable security precautions when using the internet, telephone or other means to transport data or other communications, but expressly disclaim any and all liability for the accessing of any such data communications by unauthorized persons or entities.

 

We are fully aware of our obligations according to the Swiss Federal Act on Data Protection (FADP) from June 19, 1992, namely we will collect and store your personal data (especially your name, E-Mail address, payment information, IP-addresses of registration/login etc.) only for the purpose of providing this service and never disclose any data to third-parties, unless we are obliged to do so by Swiss law (f.e. criminal investigation). Your personal data is protected against unauthorized processing through adequate technical and organizational measures, acc. to Art. 7 FADP. You agree that The Provider may use data identifying you to target advertisements outside of The Services (“Remarketing”).

 

Any person may request at any time information from the Provider whether data concerning them is collected and the deletion thereof.

 

 

 

3. ACCESS TO THE SERVICES

Subject to the terms and conditions of this Agreement, We may offer to provide the Services, as described more fully on the Site and which are selected by You. Services shall include, but not to be limited to, any services We perform for You on the Site. We may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. We reserve the right, at its discretion, to modify these Services at any time by posting revised Service on the Site and becoming familiar with any such modification. Use of the Services by You following such modification constitutes Your acceptance of the terms and conditions of this Agreement as modified.

 

You confirm to The Provider that You are at least 13 years old. You confirm that You are legally permitted to use The Services and access the Sites, and take full responsibility for the selection and use of the Services and access of the Site.

 

We ensure that we will use reasonable efforts to ensure that the Site and the Services are available all the time. However, there can be occasions when the Site and/or the Services will be interrupted for maintenance, upgrades and repairs or due to failure of telecommunications links and equipment.

 

You agree that neither We nor the Site will be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the Site or the Services.

 

The Provider does not make any representations or warranties regarding, and is not liable for the quality, availability, or timeliness of goods or services provided by a Third Party Provider. The Provider cannot and does not warrant the accuracy or completeness of any information regarding Third-Party Providers. The Provider is not an agent, representative, trustee or fiduciary of you or the Third Party Provider in any transaction.

 

 

 

4. YOUR RIGHTS TO USE THE SERVICE

You acknowledge and agree that the Service contains proprietary and confidential information that is Our property and/or property of Our licensors and is protected by laws. Subject to the Terms, We grant to You a non-exclusive, non-transferable and terminable license to use the Service. You understand and agree that rights granted to You are provided on the condition that You do not (and do not allow any Embed to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, disassemble, decompile, publicly display, publicly sell, lease, or transfer the Service or any part thereof or likewise attempt to discover any source code, modify the Service in any manner or form, or use unauthorized modified versions of the Service, including (without limitation) for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than the interfaces that We provide to You. You are expressly prohibited from sublicensing the Service to any Embed. We do not guarantee the accuracy, integrity or the usefulness of the content available via the Service.


You understand and agree that all information, including, but not limited to, text, graphics, pictures, video, links, addresses, data, functionality and other materials (“Content”) that You ora Embed allow, submit, post, obtain, email or transmit (or the like) to the Service (collectively, “Your Content”) is Your responsibility and not Our responsibility. We do not control Your Content nor do We have any obligation to review, refuse, or remove any Content available via the Service; however, We reserve the right to remove any Content available via the Service at any time. Circumstances under which We may remove Your Content include, but are not limited to, violation of the terms of this Agreement, abuse of the Service, notification of possible infringement of another’s rights, privacy concerns, compliance with laws and in the assistance of law enforcement. Additionally, We do not guarantee the accuracy, integrity or the usefulness of Your Content.

 

 

 

5. YOUR CONTENT

You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by authorized.

 

You are solely responsible for any and all User Content.

 

By posting or distributing User Content on or through the Services, you represent and warrant to The Provider that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party and (iii) the User Content does not violate any Swiss law or any applicable international Law nor any of the restrictions made in the Terms of the Third-Party Providers.

 

Solely for purposes of providing the Services, you hereby grant to The Provider a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, The Provider does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you. On termination of Your membership to the Site and use of the Services, we will make all reasonable efforts to promptly remove from the Site and cease use of Your Content. However, You recognize and agree that caching of or references to Your Content may not be immediately removed.

 

You acknowledge and agree that The Provider may, but is not obligated to, immediately take any corrective action in his sole discretion, including without limitation removal of all or a portion of the User Content, and suspend or terminate any and all Services without refund if you violate the Terms, the Terms of our Third-Party Providers or the applicable Swiss regulations, especially regarding illegal content such as illegal pornography, racist material, offending material, material used for illegal purposes such as hacking or any other illegal purposes. You hereby agree that The Provider shall have no liability due to any corrective action that The Provider may take.

 

 

 

6. THIRD-PARTIES

The Provider shall have the right to call in third parties, such as (but not necessarily limited to) for hosting, analysing, payment, mailing, logging, debugging and advertising purposes. The list of the Third-Parties is available on request by E-Mail.

Hereby you confirm to be fully aware of the fact, that the Terms of Services of our Third-Parties may have other rights and obligations applicable to these Terms as well as The Services. Moreover, you are fully aware of the fact, that not all of our Third-Parties are in the scope of the so called “safe harbor”, since they are situated, f.e., within the United States of America. You agree to this and you contact us before you start using The Services, if this implies any issues regarding your intention and aim.

 

 

 

7. CONTENT AND OBLIGATIONS

You understand and agree that We reserve the right to modify, suspend or discontinue any part or all of the Service at anytime without notice to You and that We will not be liable to You or to any Embed for doing so. Additionally, You understand and agree that We may, without notice to You, access, preserve, and disclose Your Content if required to do so by law, or if, in Our reasonable judgment such is reasonably necessary to: (a) comply with Your requests for assistance with the Service; (b) comply with legal process; or (c) address claims from third parties that Your Content violates their rights.

You agree to provide accurate, current and complete information and to use commercially reasonable efforts to maintain and promptly update the information to keep it accurate, current and complete. You agree that if You provide information that is intentionally inaccurate, not current or incomplete in a material way, or We have reasonable grounds to believe that such information is untrue, inaccurate, not current or complete in a material way, We have the right to suspend or terminate your use of the Service or any portion thereof.

You understand and agree that You will provide to Us, and We will provide to You certain information, some of which may be considered to be confidential information. Confidential information will remain the sole and exclusive property of the party disclosing the confidential information and may not be disclosed to any Embed without the prior written consent of the party disclosing the confidential information. We agree to protect Your confidential information
in the same manner We protect the confidentiality of similar information and data of Our own, and at all times We will exercise no less than a reasonable degree of care. Similarly, You agree to protect Our confidential information in the same manner You protect the confidentiality of similar information and data of Your own, and at all times, You will exercise no less than a reasonable degree of care. Items will not be deemed to be confidential information: (i) if they are available to the public, (ii) if they are rightfully received from a Embed who is not in breach of any obligation of confidentiality to You or Us, as applicable, (iii) if they are independently developed by You or Us without use of the confidential information; (iv) if they are known to You or Us at the time they are disclosed (other than under a separate confidentiality obligation); or (v) if they are produced in compliance with applicable law or a court order, provided the other party is given reasonable notice of the same.

You authorize Us to: (1) disclose the master username and master password that is used to access Your data in the Service to those persons to whom You have authorized Us in writing to disclose to; and (2) send electronic and other transmissions (pursuant to any additional oral or written instructions that You may give to Us from time to time) of any current and future data that is loaded into the Service (the “Electronic Transmissions”) to those persons to whom You have authorized Us in writing to disclose to.

 

 

 

8. RESTRICTIONS

You are responsible for all of your activity in connection with The Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity or any use of The Services or Content in violation of these Terms may be grounds for immediate termination of the contract without any compensation for early termination whatsoever.

The Provider is not party to any agreements between you and other users established through the Service. You are especially responsible for adhering to any applicable regulations.

Use of The Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will you use the Site or the Service to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Site or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Site, © create a false identity or to impersonate another person, or (d) post any false, inaccurate or incomplete material or delete or revise any material that was not posted by You or (e) use any forbidden pornographic material (especially with minors, animals or violence).

 

 

 

9. PAYMENTS / RENEWALS

All payments due are in Swiss Francs (CHF) unless otherwise indicated. We accept credit card as payment source. All payments are final and non-refundable, except in our sole discretion. If your use of the Service is terminated for any reason, whether by you or by us, you will lose and forfeit any time remaining on your account with us.

 

You must select from the following types of subscriptions for the Service:
(a) yearly - either (i) Starter Plan or (ii) Pro Plan; or (b) monthly - either (i) Starter Plan or (ii) Pro Plan. All types of the Service are defaulted to renew automatically. Accordingly, as of the anniversary date of your subscription, you will be charged the current rate. We charge for your type of subscription of the Service.

 

You authorize us to bill the payment source you provide to us for all applicable fees. If your payment source is declined at any time (including, but not limited to situations where we seek authorizations or charge attempts), we may make up to three attempts to reprocess your payment source. Thereafter, we reserve the right to disable or cancel your use of the Service immediately.

 

 

 

10. SERVICE TERMINATION

You may cancel your use of the Service at any time. You are solely responsible for cancelling your account before the next invoice period. You understand and agree that we may immediately terminate your right to use the Service without notice to you under certain circumstances, including, but not limited to (a) breaches of the Terms; (b) requests by law enforcement, government agencies or court order; (c) security and technical issues or problems; (d) non-payment of any fees owed by you; or (e) extended periods of inactivity. If we terminate your right to use the Service, you understand and agree that we may delete all of your Content (and any Content associated with you) an that we will not be liable to you or any embed, for any termination of your right to use the service or for the deletion of your content. Upon termination, we will have no further obligation to grant you any access to or use of the Service.

 

 

 

11. PROTECTION OF PERSONALLY IDENTIFYING INFORMATION

We collect such information only insofar as is necessary or appropriate to fulfil the purpose of your interaction with us. We do not disclose personally-identifying information other than as described below. You can always refuse to supply personally-identifying information, with the caveat that it may prevent you from engaging in certain website-related activities.

 

We disclose potentially personally-identifying and personally-identifying information only to those of our employees, contractors and affiliated organizations that (i) need to know that information in order to process it on our’s behalf or to provide services available at the Site, and (ii) that have agreed not to disclose it to others. By using the Site, you consent to the transfer of such information to them. 

Other than to our employees, contractors and affiliated organizations or as described above, We disclose potentially personally-identifying and personally-identifying information only when required to do so by law, or when We believe in good faith that disclosure is reasonably necessary to protect the property or rights of Us, third parties or the public at large.

 

 

 

12. INDEMNIFICATION

You will indemnify, defend, and hold harmless Us from and against all liabilities, damages, and costs (including, but not limited to, reasonable attorneys’ fees and all settlement costs) arising out of or related to a Embed claim: (i) regarding Your Content; (ii) Your infringement or misappropriation any patent, copyright, trade secret or trademark of any Embed; or (iii) regarding Your use of the Services in violation of the Terms.

 

 

 

13. REPRESENTATIONS AND WARRANTIES

You represent and warrant that: (a) all of the information you provide to us is correct; (b) you have all necessary right, power and authority to enter into this agreement and to perform the acts required of you under this agreement; (c) you own or otherwise have the right to use, post, and disclose your Content on the Service and that the use of such Content will not infringe or violate any of the rights of any Embed pursuant to applicable laws; (d) you will not harass or cause distress or inconvenience to any person via the transmission of obscene or offensive Content; (e) you will not disrupt the normal flow of any access to, or use of, the Service; (f) you agree to comply with all local rules regarding online conduct and acceptable Content.

 

 

 

14. DISCLAIMER OF WARRANTIES

You expressly understand and agree that: (a) your use of the service is at your sole risk. The service is provided on as “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement; (b) we make no warranty that: (i) the service will meet your requirements; (ii) the service will be timely, secure or error-free or operate in an uninterrupted fashion; (iii) anything generated by or obtained from the service will be accurate or reliable; and (iv) any errors will be corrected; and (c) any materials obtained via the service shall be solely at your risk and you will be solely responsible for any damage to your computer, systems or otherwise or loss of data that results from anything obtained via the service.

 

 

 

15. LIABILITY

We are exclusively liable in accordance with the legal provisions for typically occurred and foreseeable damage of any kind caused by a grossly negligent or intentional violation of essential contractual duties. Nothing in this agreement shall exclude or limit our liability for death or personal injury caused by negligence, fraud or any liability which cannot be excluded by applicable law.

 

 

 

16. LIMITATION OF LIABILITY

In no event will the provider its directors, employees or agents be liable to you or any third person for any damages, including for any lost profits or lost data arising from your use of the services, or any user content, user websites or other materials accessed or downloaded through the services.

 

This limitation of liability is made as far as possible according to Art. 100 of the Swiss code of obligations.

 

 

 

17. APPLICABLE LAW / JURISDICTION

The Agreement shall be governed by and interpreted in accordance with the laws of Switzerland. All conflicts relating to the performance or the interpretation thereof shall exclusively be deferred to the competent court of Zurich, Switzerland.

 

Version 1.0 - 22th of May 2018

Oscillate AG
Riedtlistrasse 27
8006 Zürich
Switzerland

www.oscillate.ch
info@oscillate.ch

 

 

 

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If you have any questions about the terms of service, please contact us:

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Oscillate AG

Riedtlistrasse 27

8006 Zürich
Switzerland 

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