General Terms and Conditions
PLEASE READ THESE GENERAL TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES OFFERED BY RIGHTCLEARING INC., WHICH ARE RESTORM.COM (“RESTORM.COM”) AND RIGHTCLEARING.COM BY RESTORM (“RIGHTCLEARING”). THESE TERMS AND CONDITIONS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT WWW.RIGHTCLEARING.COM AND ALL SERVICES OWNED AND OPERATED BY RESTORM INC.
BY USING THE SITE OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITE OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION AND OTHER MATERIALS OR SERVICES ON THE SITE.
1.1 rightclearing is a service provided by Rightclearing Inc. based in Zurich, Switzerland (CH).
1.2 rightclearing is a music licensing platform and works as a neutral service provider. The aim is to offer licensees an easy way to acquire legally binding license contracts for any kind of re-use of content in other projects, such as Movies, Commercials, Corporate Communication, Online Videos, Music Projects etc.
1.3 All guests and users of rightclearing can find information, contact interesting partners, make agreements, and discover new music, artists and much more.
1.4 These basic services are free and available without any registration. However, rightclearing reserves the right in the future to request payment of fees for certain features of the service. Users electing to subscribe to such features shall pay all applicable fees connected to such features, as described on the site. Users will be given explicit notice when subscribing to a service.
1.5 rightclearing reserves the right to change its price lists and to institute new charges upon ten (10) days prior notice. Notice may be sent by email or posted on the site. Use of the service following such notification constitutes acceptance of any new or increased charges.
1.6 As a user you accept the terms and conditions of rightclearing. These terms and conditions rule the relationship between Rightclearing Inc. as provider, registered users and third parties or partners of Rightclearing Inc.
2.0 General Terms and Conditions for Use of the Site
2.1 There is no general right of access to rightclearing. Usage of rightclearing occurs at the users own risk. The user is responsible for any damage resulting from the use of the system.
2.2 As a condition of use, you agree not to use the service for any purpose that is prohibited by these General Terms and Conditions. You are responsible for all of your activity in connection with the service.
2.3 For purposes of the General Terms and Conditions, the term “content” includes, without limitation, any user contributions, videos, audio clips, written wall comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided or otherwise made accessible by restorm.com, rightclearing or its partners on or through the service.
2.4 The reuse of rightclearing's source code is restricted as long as no explicit permission for the reuse is given by Restorm Inc.
4.0 Registration & Saved Projects
4.1 To use rightclearing no registration is necessary. rightclearing can be used by anyone of any age who is interested in the services rightclearing provides.
4.2 Licensees can save created projects without registering. These projects will be kept available to the licensees for continued work on or sharing with other parties involved in the project.
4.3 Saved projects are accessible by a unique link provided to the licensee by e-mail. In order to make access as easy as possible, any user will have access to own projects based on saved Cookies as long as these are not erased.
4.4 rightclearing requires a valid e-mail address and genuine personal information to process the payment and check out.
4.5 Users must provide true, accurate, current and complete registration data as prompted in the registration process. Furthermore, rightclearing users must maintain and promptly update their Registration Data to keep it accurate, current, and complete.
5.0 Project Information - Budget
5.1 All information provided by licensee to specify a project, such as usage, budget and topics has to be true and accurate.
5.2 If the actual budget later exceeds the specified one by more than 10%, an additional license must be purchased to cover the excess sum at the same conditions as the original license including the rate of exchange at time of contract.
5.3 Acquiring an additional license at the same conditions is only possible for extensions/expansion of the original project such as for instance the prolongation of an advertising campaign. For new projects a new license must be purchased.
5.4 In order to acquire the additional license, Licensee must contact email@example.com.
6.0 Right of Inspection
6.1 Licensee has the right at any time to obtain insight into the cost book-keeping of Licensor by means of a neutral third party if there is reasonable cause for Licensor to believe that Licensee provided false or untrue information concerning the Budget.
6.2 The neutral institution or company is to be determined by a mutual agreement of both parties. If the parties are unable to reach a mutual agreement, Restorm Inc. shall determine a neutral institution or company for them.
6.3 The costs of such proceeding shall be carried by the losing party.
7.0 Restrictions of Use and User Safety
7.1 Users are not allowed to affect the operability of rightclearing through technical activities such as the execution of scripts, hacking or the distribution of any malware, etc.
7.2 The distribution of any discriminating, offending, racist, pornographic or violent material or other illegal data on rightclearing is expressly forbidden.
7.3 Restorm Inc. has no obligation to monitor the Site, service, content or user entries. However, Restorm Inc. reserves the right to remove, edit or modify any content, including without limitation any user entries, and to remove or block any user entries from the service at its sole discretion.
7.4 By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either take any action or upload, download, post, submit or otherwise distribute or facilitate the distribution of any content on or through the service, including without limitation any user entry, that:7.4.1 You know to be false, misleading, untruthful or inaccurate7.4.2 Is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent or invasive of other’s privacy, tortious, obscene, offensive or profane;7.4.3 Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);7.4.4 Involves commercial activities and/or sales without Restorm Inc's prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes;7.4.5 Contains software viruses or any other computer codes, files or programmes that are designed or intended to disrupt, damage, limit or interfere with the proper functioning of any software, hardware or telecommunications equipment or to obtain unauthorized access to any system, data, password or other information of restorm or any third party.
7.5 Our development team is devoted to keeping rightclearing safe and free from malicious activity, but we cannot guarantee it. We need your help to achieve this goal. This includes the following commitments from your side which include:7.5.1 You will not send or otherwise post unauthorized commercial communications (such as spam) on rightclearing;7.5.2 You will not collect users’ content or information or otherwise access rightclearing using automated means (such as harvesting bots, robots, spiders, or scrapers) without our express permission;7.5.3 You will not engage in unlawful multi-level marketing such as a pyramid schemes on rightclearing.7.5.4 You will not upload viruses or other malicious code.7.5.5 You will not solicit login information or access an account belonging to someone else without his/her express permission;7.5.6 You will not bully, intimidate or harass any user.
7.6 Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
7.7 You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the the country in which you reside.
7.8 rightclearing is not responsible or liable for the integrity of the data or any information embedded on or by third party websites.
7.9 rightclearing is not liable for any failure, forbearance, time out or loss of data during operation. rightclearing is not liable for technical failures and other problems in the system such as servers, providers based on technical problems and traffic jams.
8.0 Third-Party Websites
8.1 On rightclearing you may find offers and advertisements for third party products. These products are marked or identified with the indication “commercial“ or „presented by“. If any contractual activity results, the contract is exclusively between the user and the third party.
8.2 rightclearing may permit you to post links to other websites or resources on the Internet and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. rightclearing.com is not responsible or liable for the integrity of the data or any information embedded on or by third party websites.
8.3 These other websites are not under rightclearing's control and you acknowledge that rightclearing is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of these websites or resources.
8.5 rightclearing uses PayPal to process transactions. Please review the PayPal terms of service located here cms.paypal.com/cms_content/US/en_US/files/ua/ua.pdf.
9.0 User Submitted Content and Copyright Information
9.1 Users uploading copyrighted content such as music, pictures, text and videos explicitly confirm to be the legal copyright holders for this content. Restorm Inc. cannot inspect individual content and is never responsible for illegally uploaded content on the restorm.com platform.
9.2 The individual user is responsible for checking whether any rights of third parties such as copyrights, trademarks or personality rights in pictures or videos, are being infringed by the uploaded content itself. This rule is to be especially respected for cover songs, remixes and pictures of recognisable persons etc.
9.3 rightclearing offers free choice of which copyright regime shall apply to any single work. If the artist decides that other users shall be allowed to reuse or remix their content, rightclearing provides the „some rights reserved“ system of Creative Commons (CC).
9.4 The Creative Commons licensing system offers the user the possibility of configuring the conditions for the reuse of a users’s work. An individual user can allow private reuse, but prohibit any commercial use without explicit approval. A user can also define whether their content may be altered or not and prohibit any changes to his/her work. These licences are free, marked with simple icons and they are globally binding. On rightclearing the user can choose such a license individually for any single work.
9.5 User grants Restorm Inc. the right to use and the right to permit others to use the names, likenesses of, and biographical materials concerning the performers, in connection with the promotion of the artist or rightclearing, without any payment to Licensor. However, if Restorm Inc. reuses the material for commercial purposes, the user will receive a reasonable share in the income. Restorm Inc. reserves the right to determine the amount in collaboration with the user.
9.6 The license you grant us to use user posted content ends when you delete your User Content or you close your Account unless your User content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.
9.7 If any third party makes Restorm Inc. responsible for any use of content, the user is liable for any damages. It is the users duty to immediately inform Restorm Inc. and provides all relevant information in case third parties make Restorm Inc. responsible.
9.8 The user must indemnify and hold Restorm Inc harmless from and against all damages, losses and expenses of any kind (including reasonable legal fees and costs) related to such a claim. Please examine detailed indemnification policy in Section 69 of the restorm.com Terms of Service.
9.9 Restorm Inc. reserves the right to remove such content or links without any prior announcement at anytime. However, rightclearing.com will only act when concrete evidence is available, that the publication of the content infringes legal codes or these terms.
9.10 Any use of the content with the aim of commercial use is prohibited, as long as the artist did not explicitly allow such usage. All content made available on rightclearing may not be copied and made available elsewhere without the express consent of the artist.
10.0 Use of the rightclearing Logo, Trademark and Images
10.1 rightclearing is a registered trademark in the United States.
10.2 However, Rightclearing Inc. encourages users to use the logo and images on their websites.
11.0 Warranty Disclaimer
11.1 THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
11.2 RESTORM INC., ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
11.3 Although rightclearing attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform restorm.com so that it can be corrected. Information contained on the Site may be changed or updated without notice.
12.1 If you have a dispute with one or more users, you shall defend, indemnify and hold harmless Restorm Inc, its affiliates and each of its and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of or access to the Website, Service, content or otherwise from your user contributions, violation of the Terms and Conditions, or infringement by you, or any third party using your account, of any intellectual property or other rights of any person or entity.
12.2 Restorm Inc. reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Restorm Inc. in asserting any available defences.
13.0 Limitation of Liability
13.1 IN NO EVENT SHALL RESTORM INC., NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGIN), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED SWISS FRANKS (CHF 100.00). SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
14.0 Modifications of these General Terms and Conditions
14.2 It is your responsibility to check the General Terms and Conditions periodically for changes. Your continued use of the Service following the posting of any changes to the General Terms and Conditions constitutes acceptance of those changes.
15.0 Termination of Service
15.1 rightclearing may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeit and destruction of all information associated with your membership.
15.2 Any fees paid hereunder are non-refundable. All provisions of the General Terms and Conditions that, by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
16.0 Intergration and Severability
16.1 The ineffectiveness of provisions in these General Terms and Conditions or of another provision agreed between the parties shall not affect the effectiveness of the other provisions of these Terms and Conditions or other agreements. In relation to other provisions agreed between the parties, the parties shall be obliged to replace such ineffective provisions by effective provisions which come as close as possible to the ineffective provisions
16.2 In the event that a translation of these General Terms and Conditions differs from the original English version, the English version will prevail.
Restorm Inc. shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Restorm Inc.’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).
These General Terms and Conditions are personal to you, and are not assignable, transferable or sublicensable by you except with Restorm Inc.'s prior written consent. Restorm Inc. may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the General Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.
18.0 International Use and Choice of Legal Forum
18.1 rightclearing makes no representation or guarantee that the content on the website is appropriate or legal for use in locations outside of Switzerland.
18.2 Accessing the service is prohibited from territories where such content is illegal. If you access the service from other locations, you do so at your own initiative and are responsible for the compliance with local law
18.3 You will resolve any claim, cause of action or dispute against rightclearing in court at the headquarters of Restorm Inc. in Zürich, Switzerland (CH). The laws of Switzerland govern this statement as well as any claim that might arise between you and rightclearing, regardless of conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Switzerland for the purpose of litigating all such claims
These Terms and conditions constitute a binding agreement between you and Rightclearing Inc., and is accepted by you upon your use of the rightclearing website.
Effective: February 10, 2012.
Restorm Inc., Klausstrasse 44, 8008 Zurich, Switzerland