Conditions of Participation "Sounds of Europe

• 1. Scope of application
• 1.1 Unless otherwise agreed in individual cases, the following Terms and Conditions of Participation apply to the entire business relationship between Jonas Wintersteiger (hereinafter "the Provider") and the contractual partner (hereinafter "Participant") within the framework of the "Sounds of Europe" project.
• 1.2 The "Sounds of Europe" project is aimed at consumers only. A consumer is any natural person who places an order for purposes that are predominantly not related to his or her commercial or independent professional activity.
• 2. Participation in the project "Sounds of Europe
• 2.1 Participants may submit content to participate in the Sounds of Europe project. This may be text, video, audio, photo, a combination thereof or other content (hereinafter collectively referred to as "Content"). The submission is possible by uploading via a corresponding interface on the website itself.
• 3. Rights of use and copyrights to the submitted content
• 3.1 The participant grants the provider free of charge for all known and unknown types of use, spatially unrestricted and for the duration of the legal copyright, the exclusive rights to reproduce, distribute, edit, use or make publicly accessible the content submitted by him/her in whole or in part in connection with the project "Sounds of Europe" and/or other works and/or in advertising connection with the project "Sounds of Europe". The providers will in each case take into account the moral rights of the participant.
  
  The granting of the licence includes in particular:
  • 3.1.1 The right to reproduce and distribute, alone or as part of the "Sounds of Europe" project, in any book edition and physical electronic edition on data carriers, for example CD-ROM or DVD, in all editions without limitation of number of copies, in all distribution channels. This includes, for example, the organisation of hardcover, paperback, special, book club, school, large print or (abridged) digest editions, calendars, anthologies, collected editions or complete editions, including the right to rent and lend in all these editions. Distribution channels include, for example, the retail trade, mail order, the internet or special markets;
  • 3.1.2 the right to reproduce and distribute in any non-physical electronic edition by means of online retrieval and reproduction of the content or parts of the content on the screen or reading device of an authorised reader, also limited in terms of time and/or content, e.g. as an e-book on e-ink, LCD or other reading devices such as mobile phones, iPhones, iPads or other tablets, Kindle or similar for any number of retrievals and reproductions. This includes the machine-readable recording and electronic storage of the content in an online database operated by the provider or a third party; furthermore, the public offering and making publicly available of the content stored in this way or of parts of the content for online retrieval as well as the transmission and transfer (also via the internet or apps) of the content, e.g. for reception by means of a stationary or mobile end device, including all transmission paths (cable, radio, microwave, satellite, etc.) and all processes (GSM, UMTS, etc.).
  • 3.1.3 The online display right as the right to post content on data platforms, either by oneself or through third parties, to provide it with a search function and thus make it accessible to participants for content research.
  • 3.1.4 The right to reprint in whole or in part (preprint or reprint) in own or third-party (non-) periodical publications, also as a continuation print, as well as the corresponding placement in electronic media, for advertising purposes;
  • 3.1.5 The right to otherwise reproduce (e.g. photocopy, microcopy and telecopy);
  • 3.1.6 the right to use and exploit the content extensively, including commercially, within the framework of social media appearances (in particular Facebook, Instagram, Twitter, etc.);
  • 3.1.7 the multimedia right as the right to combine the contents or parts thereof - modified or unmodified, edited or unedited, visual or audiovisual - with other works, parts of works or other contents into (also) interactively usable electronic works and then to reproduce and distribute these as tangible or intangible editions, this also by means of so-called apps;
  • 3.1.8 The right to use the contents for foreign language translation editions of the contents and the evaluation of this language version according to all types of use covered by the contract;
  • 3.1.9 the right to edit the content, itself or through third parties, in particular to the extent necessary for the purpose of use within the project "Sounds of Europe" or for its external design, this always in compliance with the moral rights of the participant;
  • 3.1.10 the right to use in the context of press and advertising measures of the providers for the project "Sounds of Europe" and/or the providers;
  • 3.1.11 the right to film the contents and to distribute, publicly perform, broadcast, publicly reproduce and/or make accessible by retrieval these films as well as to reproduce, distribute and make accessible to the public on any image/sound carriers;
  • 3.1.12 the rights of use for types of use not yet known at the time of conclusion of the contract. If the provider intends to use the content for a new type of use of the work, he will inform the participant accordingly. The participant has a right of revocation to the extent provided by law.
• 3.2 In addition, the Participant grants the Provider the right to sub-license the aforementioned rights, in particular to affiliated companies of the Provider within the meaning of §§ 15 ff. AktG (German Stock Corporation Act).
• 4. Warranty/exemption
• 4.1 The participant assures that he/she is the owner of all rights of use under copyright law, in particular all rights to the name, image and personal rights, to the content submitted by him/her and that he/she is not prevented by any other contracts or obligations from fulfilling his/her obligations under these conditions of participation and from granting the rights as above. He further assures that his content does not infringe any third-party rights and, in particular, that it does not conflict with any third-party rights, especially trademark rights.
• 4.2 If the participant has created the content jointly with third parties or has otherwise cooperated with such third parties, the participant shall be obliged to assign any rights that may arise in the person of third parties to the full extent of section 4 to . He also hereby transfers such rights to the Provider.
• 4.3 The participant shall fully indemnify the provider for all claims made by third parties due to the use of the participant's content and other rights of exploitation, use and other rights to be granted by the participant, provided that the participant is responsible for this. This also includes the costs of legal prosecution, including statutory attorney's fees.
• 5. Liability
• 5.1 The liability of the Provider under the contract and the law is generally excluded, unless otherwise agreed below.
• 5.2 The exclusion of liability of the Provider pursuant to section 6.1 of this Agreement shall not apply to:
  • Damage caused by the provider intentionally or through gross negligence;
  • if and insofar as the supplier is liable in accordance with the mandatory provisions of the Product Liability Act;
  • if and insofar as the supplier has given a quality or durability guarantee and damage has arisen from the breach of the guarantee;
  • in cases of culpable injury to life, body and health.
• 5.3 In cases of slight or simple negligence on the part of the provider - insofar as they are not already liable for damages in accordance with section 6.2 for damages - only for the violation of essential contractual obligations. The liability of the provider is thereby limited to the damage typical for the contract and foreseeable for the provider at the time of conclusion of the contract or commission of the breach of duty. Material contractual obligations are all obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the participant regularly relies and may rely.
• 5.4 Liability of the provider is excluded for damages that are exclusively attributable to the risk area of the participant.
• 5.5 The above exclusions and limitations of liability also apply to the liability of the providers' bodies, employees and vicarious agents as well as the personal liability of the providers' bodies, employees and vicarious agents.
• 5.6 The providers shall not be liable for damage caused to the participant by unauthorised access by third parties in accordance with this clause. 6 excluded.
• 6. Data protection
  
  If data is processed by the provider in connection with the "Sounds of Europe" project or interaction with the website, the corresponding data protection declaration applies. You can view this here.
• 7. Other
• 7.1 Should one or more of the above conditions be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a provision that comes as close as possible to the intended purpose. The same applies in the event that agreements contain loopholes.
• 7.2 The contract concluded between the Provider and the Participant shall be governed by the laws of the Federal Republic of Germany to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Irrespective of the above provision on the choice of law, consumers with their habitual residence outside the Federal Republic of Germany may always also invoke the mandatory provisions of the state in which they have their residence.