BREEZE RECORDS GMBH - Terms & conditions
Version 1.0 | This document was most recently revised on 6 November 2020.
The service "Fangage" is offered over the internet by BREEZE RECORDS GMBH, with registered office at HORNHALDENSTRASSE 1 in KILCHBERG, CH , and registered with the Chamber of Commerce under number CHE-246.792.424. The use of Fangage is subject to the below terms and conditions. Using Fangage constitutes acceptance of these terms and conditions.
Deviation from these terms and conditions is possible only by means of written confirmation by BREEZE RECORDS GMBH.
ARTICLE 1. USE OF THE SERVICE
1.1. The service Fangage allows you to publish a profile about yourself and to enjoy the content delivered to you by BREEZE RECORDS GMBH.
1.2. To use Fangage, you first need to register. After completing registration, you can directly log into your account and use the service.
1.3. In order to prevent unauthorized use by third parties, you must secure access to your account using the username and password. In particular you must keep your credentials strictly confidential. BREEZE RECORDS GMBH may assume that all actions undertaken from your account after logging in is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified BREEZE RECORDS GMBH your account is compromised.
1.4. Fangage processes your personal data. You give your consent for all forms of processing within the scope of the service. Consult our privacy statement for more information.
2.1. It is not permitted to use Fangage for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist, or to create profiles on Fangage under the names of other people or to pretend to be another person, or a moderator/maintainer of Fangage.
2.2. In addition, on Fangage it is forbidden to:
- use indecent language;
- publish information that is pornographic or erotic (even if legal under applicable law);
- publish information in violation of copyright or hyperlinks to such information;
- publish information that is false or that refers to other people than yourself;
- exercise commercial activities;
- and to do anything that violates the applicable netiquette.
2.3. Should BREEZE RECORDS GMBH discover that you violate any of the above, or receive a complaint alleging the same, then BREEZE RECORDS GMBH may intervene to end the violation. BREEZE RECORDS GMBH has the right to block, suspend or delete your account or to take other steps it deems reasonably to end the violation or to investigate the complaint.
2.4. If in the opinion of BREEZE RECORDS GMBH the continued functioning of the computer systems or network of BREEZE RECORDS GMBH or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, BREEZE RECORDS GMBH may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
2.5. BREEZE RECORDS GMBH is at all times entitled to file a criminal complaint for any offenses committed through or using the service. In addition BREEZE RECORDS GMBH is entitled to supply your name, address, IP-address and other identifying data to a third party if:
1. there is sufficient cause to reasonably assume the content is illegal and harmful to the third party;
2. the third party has a real interest in obtaining the data;
3. it can be reasonably assumed there is no less intrusive manner to obtain the data;
4. when weighing the interests of the third party, BREEZE RECORDS GMBH and the service providers of BREEZE RECORDS GMBH, the interest of the third party should prevail.
ARTICLE 3. AVAILABILITY AND MAINTENANCE
3.1. BREEZE RECORDS GMBH makes no promises regarding availability of the service.
3.2. BREEZE RECORDS GMBH actively maintains Fangage. Maintenance can take place at any time, even if this may negatively impact the availability of the service.
3.3. BREEZE RECORDS GMBH may from time to time adapt Fangage. Your feedback and suggestions are welcome but ultimately BREEZE RECORDS GMBH decides which adaptations to carry out (or not).
ARTICLE 4. INTELLECTUAL PROPERTY
4.1. The service Fangage, the accompanying software as well as all information and images on the website is the intellectual property of BREEZE RECORDS GMBH or its suppliers or licensors. None of these items may be copied or used without prior written permission of BREEZE RECORDS GMBH or its suppliers or licensors, except and to the extent permitted by mandatory law.
4.2. Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). BREEZE RECORDS GMBH receives an unlimited license for use of this information for the service, including future aspects thereof.
4.3. The license of the previous clause is perpetual. The license remains in force after termination of the agreement. In exceptional circumstances where a serious reason calls for it, BREEZE RECORDS GMBH may decide to adapt or remove the information.
4.4. You may change or remove information you publish or store using the service at your own discretion. Feel free to contact us if you need any help changing or removing your information.
4.5. If you send information to BREEZE RECORDS GMBH, for example a bug report or suggestion for improvement, you grant BREEZE RECORDS GMBH a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
4.6. BREEZE RECORDS GMBH shall refrain from accessing data you store or transfer using Fangage for purposes other than the provision of the service, unless BREEZE RECORDS GMBH is forced to do so by law or order of competent authority. In these cases, BREEZE RECORDS GMBH shall use its best efforts to limit access to the information as much as possible.
ARTICLE 5. COMPENSATION FOR THE SERVICE
5.1. Fangage is offered to you at no charge. BREEZE RECORDS GMBH may (now or in the future) offer additional products or services through the platform for which a compensation is due. We will inform you about the amount of the compensation and the method of payment if this is the case.
ARTICLE 6. LIMITATION OF LIABILITY
6.1. Because of the fact that Fangage is offered to you at no charge, BREEZE RECORDS GMBH cannot accept liability whatsoever for the use of the service or any damages in connection therewith, except in case of willful misconduct or deliberate recklessness by management or managerial staff.
6.2. BREEZE RECORDS GMBH in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption, except in case of willful misconduct or deliberate recklessness.
ARTICLE 7. TERM AND TERMINATION
7.1. This agreement enters into force as soon as you use your account and then remains in force until terminated.
7.2. You may terminate the agreement at any time by ceasing your use of Fangage. In case of termination, BREEZE RECORDS GMBH shall close and remove your account.
7.3. BREEZE RECORDS GMBH is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event BREEZE RECORDS GMBH shall first send a reminder mail to the e- mail address connected to your account. In addition, BREEZE RECORDS GMBH is entitled to terminate the agreement in case Fangage is cancelled.
ARTICLE 8. CHANGES TO TERMS
8.1. BREEZE RECORDS GMBH may change or add to these terms and conditions at any time. Changes and additions shall be implemented with due observance of a term of 30 calendar days after the notification of the change/amendment to you per e-mail.
8.2. If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of Fangage after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1. Dutch law applies to this agreement, except to the extent determined otherwise by mandatory applicable law.
9.2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with Fangage shall be brought before the competent Dutch court for the principal place of business of BREEZE RECORDS GMBH.
9.3. When these terms and conditions state that something must be done “in writing”, this includes e-mail or communication through the Fangage service, provided the integrity and authenticity of the electronic message can be verified to a reasonable level of certainty.
9.4. The version of any communication of information as recorded by BREEZE RECORDS GMBH shall be deemed to be authentic, unless you supply proof to the contrary.
9.5. In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
9.6. BREEZE RECORDS GMBH is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Fangage or the associated business activities.