of onepoint.fm GmbH, Jacquingasse 39/22, A-1030 Vienna, Austria (“onepoint.fm“), firstname.lastname@example.org, UID:ATU61866056, member of the Austrian Federal Economic Chamber, Advertisment and Information Technology division www.wko.at. onepoint.fm is subject to the provisions of the Industrial Code (accessible at www.ris.bka.gv.at/bundesrecht). onepoint.fm is the media owner and publisher of the website that is accessible at www.onepoint.fm
Scope of the Site Policy (“SP“) and Trademark Rights
The pronouns used in this Site Policy (“SP“) are meant to include both genders.
This SP is effective as of the 25th of November 2013 and supersedes all previous terms and conditions of onepoint.fm as of the aforementioned date. The SP applies to anyone who (a) calls the services offered, including but not limited to the COMMUNITY TOOLS, at onepoint.fm (in whole or in part “The WEBSITE“) (“UNREGISTERED USER“) and (b) any REGISTERED USER and/or ARTIST registering by providing their data and using the offer on the WEBSITE (each individually or collectively referred to as “The USER/S“). ARTISTS are defined as all REGISTERED USERS offering or advertising services via the WEBSITE, including but not limited to musicians, bands and record labels, graphic designers, photographers, actors, models etc.
The use of this WEBSITE in any form whatsoever shall be governed by and construed in accordance with this SP. onepoint.fm shall enter into agreements with the USER exclusively on the basis of this SP unless onepoint.fm and the USER expressly depart from this SP in writing; USERS’ general terms and conditions etc. shall be ignored in any case, even if such conditions require exclusivity.
The “onepoint.fm“ symbol is registered as distributor's brand and proprietary.
This SP does not apply to ticket and music sales.
A USER as defined by this SP is anyone who uses in any form whatsoever the services offered on the WEBSITE. onepoint.fm excludes the following interested persons as USERS: Persons under the age of 18 years unless they obtain the express permission from the parents/legal guardian; or persons who have been finally convicted of infringement of copyright. onepoint.fm also reserves the right to block WEBSITE access to a USER as soon as circumstances speaking against continued use of the WEBSITE become known to it.
The USER affirms that he is of age and of full legal capacity or has obtained the express permission from his parents/legal guardian and that he is disclosing his true identity to onepoint.fm. The USER furthermore affirms that all data entered on the WEBSITE or disclosed to onepoint.fm by him is accurate. The USER undertakes to keep data fresh. onepoint.fm assumes no liability whatsoever for inaccuracy of data and particularly any consequences thereof (e.g. undeliverable consignments). onepoint.fm reserves the right to completely delete and/or deactivate temporarily inaccurate or incomplete data without further notice.
Conclusion of Contracts between onepoint.fm, Third Parties and USERS
By calling the WEBSITE the USER concludes a contract for transfer of use and enjoyment of the WEBSITE with onepoint.fm; this free contract may be cancelled by either party at any time.
The USER – including the REGISTERED USER and/or ARTIST in connection with the REGISTRATION according to Article 4. – declares irrevocably that onepoint.fm informed him by this policy and before contractual acceptance in a clear, understandable and unmistakable manner of the following matters:
the individual technical steps leading to the USER’S contractual acceptance and conclusion of contract;
that onepoint.fm stores the text of the contract and that the USER has no access to the text of the contract;
that contractual agreements can only be entered into in German, English, French, Spanish, Italian, Portuguese, Arabic, Persian, Turkish, Japanese, Korean, Hindi, Malajalam, Russian, Bulgarian, Romanian, Polish, Greek, Chinese, Czech, Slovak, Croatian, Serbian, Norwegian, Swedish, Dutch, Hungarian and und Finnish language;
that the competent court for the first district of Vienna, Austria, is agreed as exclusive place of jurisdiction for all entrepreneurs and consumers abroad; (v) onepoint.fm has not submitted to any code of professional guidelines;
onepoint.fm shall provide the USER with adequate, effective technical equipment with which the latter will be able to identify and correct input errors before submitting his contractual acceptance – particularly upon his REGISTRATION.
onepoint.fm shall at any rate not act as an ”agent“: Should agreements between the USER and third parties appearing on the WEBSITE, i.e. including but not limited to ARTISTS, be brought about, such agreements shall have no legal significance whatsoever for onepoint.fm. The parties involved in the transaction, i.e. the USER and the third party, shall be solely responsible for all interactions between them, for the agreement of the payment for and exchange of purchased goods and services, and for the implementation and results of each transaction or relationship. onepoint.fm cannot be held responsible or liable for any act or omission by a party involved in a transaction, impairment of the performance of an obligation, payment of amounts due for payment or delivery of goods or services as agreed, or any other aspect of the transaction.
If the USER uses any service provided by the individual REGISTERED USERS and/or ARTISTS, particularly such as being informed of changes on the SITE OF THE REGISTERED USER and/or ARTIST’S WEBSITE, the contents of these services – unless obviously originating from onepoint.fm – shall exclusively be generated by the REGISTERED USER and/or ARTIST. The USER declares that his data may be used for the services used by the REGISTERED USER and/or ARTIST, and that the USER also wishes to receive electronic mail for advertising purposes in this connection from the respective REGISTERED USER and/or ARTIST and/or from onepoint.fm; this consent may be revoked at any time by the USER who is no longer using the respective service of the REGISTERED USER and/or ARTIST.
USERS can register on the WEBSITE for the purpose of using the following services: To present themselves within the WEBSITE and common social Media (Facebook, Twitter) to get in touch with other USERS and ARTISTS by using COMMUNITY TOOLS. By REGISTERING the USER submits a binding offer to plan to use the WEBSITE as REGISTERED USER in the sense of the services offered to REGISTERED USERS by onepoint.fm (“REGISTRATION“). By REGISTERING the USER finally accepts the contract offered. onepoint.fm shall have the right to reject a REGISTRATION without giving reasons. Through the REGISTRATION a contract between onepoint.fm and the USER concerning the services for REGISTERED USERS comes into existence. By REGISTERING the USER becomes a REGISTERED USER.
Upon the REGISTRATION of his data – i.e. before being accepted by onepoint.fm – the REGISTERED USER receives registration data and a password (in this form and – also after being accepted by onepoint.fm – in an altered form “ACCESS DATA“) with which the REGISTERED USER can log onto the back-end of the SITE OF THE REGISTERED USER, which can be altered exclusively by the REGISTERED USER; the REGISTERED USER shall fill ”his“ SITE at the first login – all contents must come from the REGISTERED USER; in any case the REGISTERED USER warrants that he has all rights in the contents and that the contents are not illegal; the REGISTERED USER shall indemnify onepoint.fm in this respect.
To become an ARTIST the USER
must receive an invitation to REGISTER from onepoint.fm or a third party authorized by onepoint.fm, or
must be cleared by onepoint.fm after proper REGISTRATION: When REGISTERING as an ARTIST the USER submits a binding offer that he wants to use the WEBSITE as ARTIST in the sense of the services offered by onepoint.fm to ARTISTS (”ARTIST’S REGISTRATION“). By REGISTERING as an ARTIST the USER accepts contract with binding force. onepoint.fm shall have the right to refuse an ARTIST’S REGISTRATION and/or CLEARANCE without giving reasons. A contract on the services for ARTISTS between onepoint.fm and the USER comes into existence by onepoint.fm clearing the contents of the REGISTERED USER and/or “his“ ARTIST’S WEBSITE (“CLEARANCE“).
The regulations on the REGISTERED USER’S SITE shall apply mutatis mutandis. A REGISTERED USER who wants to become an ARTIST must fill “his“ ARTIST’S WEBSITE at the first log-in, i.e. “About“, “Videos“, “Discography“, “Photos“, “Blog“, “Music“ and “Events“ – all contents must come from the REGISTERED USER; in any case the REGISTERED USER warrants that he holds all rights in the contents and that the contents are not illegal; the REGISTERED USER shall indemnify onepoint.fm in this respect. After placing all contents the REGISTERED USER can initiate the CLEARING process for “his” ARTIST’S WEBSITE through onepoint.fm by clicking the “CLEARANCE” button. onepoint.fm shall have the right to refuse CLEARANCE without giving reasons. As of the CLEARANCE the USER is also referred to as ARTIST. With the CLEARANCE the ARTIST’S WEBSITE – i.e. the front-end – is made accessible also to third parties.
The REGISTERED USER and the ARTIST shall not have the right to include the contents of third parties – including but not limited to advertising contents – on their SITE and/or ARTIST’S WEBSITE and/or make the SITE and/or ARTIST’S WEBSITE available and/or accessible to third parties in any form whatsoever, particularly by disclosing their ACCESS DATA.
All USERS shall maintain the security of the ACCESS DATA. All USERS shall be under obligation to report any unauthorized access of third parties to the WEBSITE and/or SITE and/or ARTIST’S WEBSITE which becomes known to them to onepoint.fm without delay. In the event that a USER forgets the ACCESS DATA, or if it becomes known to him that a third party has obtained access to this data, he shall promptly inform onepoint.fm and ask onepoint.fm for new ACCESS DATA, using the ”Password forgotten“ function. At any rate the USER shall indemnify onepoint.fm for any damage arising from access to and use of the SITE and/or ARTIST’S WEBSITE – particularly by third parties.
WEBSITE of onepoint.fm and Contents
The USER affirms that he has read and understood the major characteristics of the services offered on the WEBSITE of onepoint.fm: The WEBSITE provided by onepoint.fm is “only” a platform, and the contents are provided and/or transmitted independently by the USERS without being checked by onepoint.fm. On the WEBSITE onepoint.fm also provides so-called “COMMUNITY TOOLS“ (receiving and sending electronic messages and data, automatically generated messages as to innovations, network of friends (Connections), slots to social networks (Facebook, Twitter), which can be used independently by the USERS without checking by onepoint.fm. In no case has onepoint.fm any influence on the accuracy, adequacy, quality or availability of the contents provided and/or transmitted by the USERS.
The contents and messages generated by the USER – including but not limited to the COMMUNITY TOOLS – must not include any unethical or unlawful content. The USER himself is exclusively responsible for the contents and messages generated by the USER, and he shall indemnify onepoint.fm in this respect. Specifically no contents or data that are illegal, harmful, threatening, abusive, harassing, not permitted, defamatory, vulgar, obscene, libelous, invade the privacy of others, stir up hate or are discriminatory for any reason whatsoever (including gender, race or ethnic group) or in any other way objectionable may be posted, released, stored or provided in any other way on the WEBSITE in any form whatsoever. Causing losses to or threatening or harassing other USERS or third parties is prohibited. Furthermore, no USER shall pretend to be a different person or purport a relationship to such persons that does not exist. Undesirable or unauthorized advertising or commercial communication, publicity, undesirable mail, spam, chain letters, pyramid selling and any other forms of undesired contents are inadmissible. Furthermore, publishing or transmitting contents that violate regulations or third-party rights, including but not limited to copyrights and industrial property rights such as marking rights, or unfair contents on the WEBSITE is prohibited. The same applies to interventions in the organization of the WEBSITE, servers or networks of onepoint.fm, impeding or disrupting them or ignoring requirements or procedures.
The WEBSITE and specifically the COMMUNITY TOOLS particularly shall not be used to
capture or collect e-mail addresses or any other contact data of other USERS by electronic or other means, particularly not for the purpose of distributing undesirable messages;
use automatized scripts to gather information from the WEBSITE or the USERS or to interact with the WEBSITE in any other way;
register for more than one user account or register on behalf of any other person or a group or a legal person;
provide false data or make any other false representations on himself, his age or his relationship to any other natural or legal person;
upload, post, transmit, store or make public in any other way any private data of third persons such as addresses, phone numbers, e-mail addresses, social security numbers or credit card numbers; and/or
keep other persons from using the WEBSITE in whole or in part.
The USER shall be solely responsible for any photos, graphic art, profiles, news, notes, texts, information, music, videos, lists and other contents uploaded or published or represented by the USER ("POSTING") or transmitted to other USERS and their social networks (Facebook, Twitter) or jointly used by him and them (collectively the "USER DRIVEN CONTENT”). onepoint.fm shall has the right but is not under obligation to check USER DRIVEN CONTENT and delete and/or remove at its own discretion any USER DRIVEN CONTENT without notice and without giving reasons. The USER is solely responsible for the production of backup copies and exchange of USER DRIVEN CONTENTS. By POSTING USER DRIVEN CONTENT the permission to produce copies thereof shall be given by onepoint.fm at its discretion to facilitate the POSTING and storing of the USER DRIVEN CONTENT. By POSTING USER DRIVEN CONTENT on any part of the WEBSITE the USER grants onepoint.fm an irrevocable, non-exclusive, assignable, fully paid, worldwide license unlimited in time (including the right to grant sublicenses) for using, copying, publicly performing, publicly representing, re-formatting, translating, social sharing, making abstracts (in whole or in part) and passing on such USER DRIVEN CONTENTS for commercial, advertising or any other purposes on or in connection with the Site or with the marketing for the Site, for the preparation of derived works or the incorporation of such USER DRIVEN CONTENTS in other works and for granting and authorizing sub-licenses with regard to the aforesaid. At the same time the USER affirms that he has the right to grant such license. When any USER DRIVEN CONTENT is removed, the license granted as described above expires automatically, but the USER confirms that onepoint.fm is allowed to retain archived copies of the USER DRIVEN CONTENTS.
The purpose of the WEBSITE is to distribute and assess artistic work provided by the ARTISTS. USERS providing comments and opinions – e.g. in connection with assessments –, particularly on individual works or ARTISTS, or sending out news, must do so politely and keep to the facts. Pertinent criticism is admissible, but diatribes, insults or attacks disparaging persons etc. are inadmissible. Generally the USER shall submit to “Netiquette“,the set of social conventions to which Internet users voluntarily submit worldwide. The USERS undertake to provide assessments always in accordance with the truth. Assessing oneself is forbidden. onepoint.fm reserves the right to delete without notice assessments suspected of having been submitted contrary to the aforementioned provisions.
All works and/or contents such as music, videos, design, data banks, pictures etc. that are accessible on the WEBSITE are protected for the benefit of onepoint.fm, ARTISTS and/or third parties by copyright or any other intellectual property rights. As far as any works are made available free or against payment to the USER via the WEBSITE the USER undertakes to use them only for private purposes within the scope of the agreement. In the case of a download this means that the works may only be used for private purposes; passing them on or copying them for third parties is forbidden and may have legal consequences. Contents made accessible via online streaming must not be stored permanently. onepoint.fm respects the intellectual property right of others and does not allow the USERS to upload, POST or otherwise transmit any material infringing the intellectual property rights of third parties. Should onepoint.fm be properly notified of suspected infringement of copyright, onepoint.fm will investigate the matter within a reasonable period and, provided that the infringement is recognizable for a layman, remove the material to which objection was made or block access to the said material and terminate the accounts of repeat offenders.
onepoint.fm grants the USER rights of use and/or exploitation as far as they are absolutely necessary for proper use of the WEBSITE; particularly the USER shall not have the right to copy and/or pass on the WEBSITE or parts thereof, contents or computer codes in any form whatsoever, unless it is absolutely necessary for proper use of the WEBSITE.
The services and contents offered on the WEBSITE or parts thereof may be
completely stopped by onepoint.fm for any reason whatsoever at any time.
Contents of REGISTERED USER and ARTIST
It is up to the ARTIST to determine at the upload whether the respective material is to be available to the USERS of the WEBSITE for downloading or only for online streaming. Depending on the choice made by the ARTIST the ARTIST shall grant onepoint.fm the non-exclusive right to make the work accessible to USERS in the way chosen. The material can in case be shared on other social networks.
The ARTIST shall ensure that any and all accompanying materials (particularly ARTIST bio, texts, covers, photos etc. ) are provided free of charge on the WEBSITE and the ARTIST’S WEBSITE is maintained regularly and kept up-to-date; this applies particularly to new releases, discographic data and concert dates.
The ARTIST agrees to participate in the voting system on the WEBSITE actively and passively.
onepoint.fm reserves the right to deactivate and/or permanently delete SITES and/or ARTIST’S WEBSITES, particularly if,
accompanying materials are not provided, the ARTIST fails to update “his” WEBSITE regularly, or
the REGISTERED USER and/or ARTIST infringes his guarantees and/or obligations under this SP. In case (i) the ARTIST will be notified in advance by onepoint.fm that deletion must be expected in the case of continued default.
The REGISTERED USER and/or ARTIST shall grant to onepoint.fm the nonexclusive worldwide right, unlimited as regards the subject matter, for all present and future exploitation rights of any kind, including the right of processing, especially using, copying, publicly performing, publicly representing, re-formatting, translating, making abstracts (in whole or in part) and passing on the uploaded data and works for commercial, advertising or other purposes on or in connection with the WEBSITE, for the preparation of derived works or the incorporation of such contents in other works and for granting and authorizing (sub-)rights to use works. Furthermore, onepoint.fm shall have the right to make copies of all contents in such a way as it deems necessary to facilitate posting, storing and managing the contents.
The REGISTERED USER and/or ARTIST warrants that all uploaded data and works
are his own intellectual property and/or he was granted all respective rights by the holders of the rights,
are not encumbered with any third-party rights whatsoever, and
do not infringe in any way any relevant legal provisions whatsoever or the general principles of decency and ethics.
In the event that the aforementioned warranty is violated, the REGISTERED USER and/or ARTIST shall fully indemnify onepoint.fm for any damage whatsoever arising out of such violation, including but not limited to third-party claims.
The REGISTERED USER and/or ARTIST expressly waive any claim against onepoint.fm for compensation or any other claim whatsoever.
Links to Contents Provided by Third Parties
The ARTIST and also onepoint.fm may refer to Internet websites of third parties and the contents and/or services thereof on the WEBSITE. onepoint.fm shall under no circumstances exercise any control over such linked websites or appropriate their contents unlawfully. onepoint.fm does not examine, monitor or check such third-party websites and applications, software or contents for accuracy, fairness or completeness, neither upon placement of the links nor any time thereafter.
onepoint.fm assumes no liability whatsoever for the activities and contents of linked websites. If a USER decides to access or install third-party websites and applications, software or contents, he does so at his sole risk and/or shall at any rate hold the third party liable.
Use of data by onepoint.fm
The USER expressly agrees to his personal data that is acquired by onepoint.fm (also through “cookies“), including
master data (family name, first name, date of birth, native language, sex, marital status, address, zip code/place of residence, country, federal state, state, telephone number, mobile phone number, web communication tools (ICQ, MSN, AIM, Jabber, Skype, etc.), company name, company website)
information on the use of telecommunications services, sport, nightlife, travel, hobbies, entertainment media, lifestyle, computer and Internet, music, computer games and general areas of interest, being used
for providing, managing and invoicing the services of onepoint.fm, particularly calculating a detailed database retrieval,
by onepoint.fm for automation-supported USER management,
by service providers of onepoint.fm in connection with the WEBSITE,
for purposes of onepoint.fm marketing, including sending of electronic mail for advertising purposes,
for onepoint.fm newsletter services, and
may be used for passing on to third parties upon request of the USER, and
may be preserved for a period of three years as of the use and/or termination of the contractual relationship.
The USER acknowledges that he has the right to revoke the aforementioned consent by sending an e-mail to email@example.com, with the USER and onepoint.fm being in agreement that in the case of revocation of consent by the USER the contractual relationship to onepoint.fm may be terminated and/or the WEBSITE may be stopped for the USER.
The USER acknowledges that onepoint.fm will take reasonable and suitable steps to ensure that personal data is kept secret. The USER is aware, however, that the Internet is an open information system and third parties may intercept and decode data entered by the USER.
The USER shall address his legitimate and justified requests for information, correction and deletion and/or objections to firstname.lastname@example.org; in doing so the USER agrees to his request being processed by onepoint.fm via e-mail.
Annulment of Contract and Termination
In the case of use WEBSITE by the USER in breach of contract or abuse thereof or if maintaining the contractual relationship cannot be reasonably expected from onepoint.fm due to the USER’S behavior, onepoint.fm shall have the right to rescind the contract (of use) and/or block the USER from accessing the WEBSITE. These provisions will in no way affect the right of termination of the contract for any other reason constituting good cause.
The REGISTERED USER and/or ARTIST have the right to terminate the contract concerning the SITE and/or ARTIST’S WEBSITE at any time via the "Delete my profile" function, and onepoint.fm has the right to terminate the contract with a notice period of 14 days by e-mail, fax or letter; upon termination any and all data of the REGISTERED USER and/or ARTIST shall be removed from the WEBSITE.
onepoint.fm makes every effort to ensure, but cannot warrant, the availability, completeness and accuracy of the data used by onepoint.fm, and onepoint.fm at any rate assumes no liability for availability of the WEBSITE.
All USERS declare irrevocably that the warranty arrangements are not applicable to the WEBSITE. At any rate onepoint.fm assumes liability vis-à-vis all USERS – with the exception of personal injury – for its own acts or those of the vicarious agents only in the case of gross negligence; the amount of liability is limited to EUR 5,000.- in any case. Damages for consequential damage or financial loss, loss of savings, interest loss or damage arising from claims of third parties vis-à-vis the USER are excluded.
It is up to the USER to choose the channel of communication, and onepoint.fm assumes no liability for transmission errors etc. The risk of destruction or alteration of data transmitted shall be borne by the USER up to and/or as from the network interface of onepoint.fm
As to messages sent via the WEBSITE and/or the COMMUNITY TOOLS, onepoint.fm gives no warranty for accurate and complete transmission to the addressee nor for accuracy of reproduction of the WEBSITE unless onepoint.fm can be charged with gross negligence.
Except in cases of obvious unlawfulness and knowledge thereof onepoint.fm shall not be liable for any information and/or data made available to onepoint.fm by third parties – including but not limited to REGISTERED USERS and ARTISTS - and/or referred to by hyperlinks.
The place of performance for all services provided by onepoint.fm shall be 1010 Vienna, Austria.
USERS who are entrepreneurs as defined by the Consumer Protection Act or whose habitual residence is outside Austria and onepoint.fm agree that the place of jurisdiction for any and all disputes arising out of and in connection with contracts and about and/or from the use of the WEBSITE shall be exclusively the competent court in the first District of Vienna.
The USER and onepoint.fm agree that all disputes arising out of and in connection with contracts and/or about the use of the WEBSITE shall be governed by and construed in accordance with Austrian law under exclusion of the conflict of law rules and the UN Sales Convention.
Amendments and supplements to this SP must be made in writing in order to be valid; new SP shall only become valid if onepoint.fm sends them to the USER (also electronically) and if the USER does not object to the “new” SP within ten Austrian workdays.
Should any provision and/or integral part of the SP be or become invalid, the validity of the remaining provisions hereof shall in no way be affected. The invalid provision shall be replaced by a provision coming as close as possible to the economic purpose of the invalid provision.