Service Terms of CultureLoad

Preliminary remark

(1) CultureLoad operates under www.cultureload.net a platform on which artists provide audio (e.g. music, audio books, and readings), video, text or photo files (hereinafter referred to as objects) for retrieval (download/stream) for you.
(2) This contract shall regulate your rights and duties in connection with the use of the platform by CultureLoad.
 

A. Scope of application of the Standard Terms and Conditions of Business

These Service Terms of CultureLoad shall apply to each legal transaction between you and CultureLoad; they shall apply exclusively, unless amended by an express written agreement between you and CultureLoad.
 

B. Application for registration and conclusion of the contract 

a) Application for registration

You may only retrieve the entire services of CultureLoad if you have applied for registration beforehand on the platform under www.cultureload.net stating the data requested in the registration mask.
 

b) Conclusion of the contract

(1) The offers on the Internet page of CultureLoad shall represent a nonbinding invitation to you to procure services at CultureLoad.
(2) By clicking on the order button, you make a binding offer to conclude the intended contract to CultureLoad. CultureLoad may accept the offer with an order confirmation, which shall be sent to you per email by CultureLoad no later than 48 hours after sending your email to CultureLoad. If the period set expires without a reaction by CultureLoad, CultureLoad shall reject the acceptance of your offer.

 

C. Rights and duties 

a) Your rights and duties as user 

aa) Standard duties

(1) The services by CultureLoad are intended exclusively for your personal use and may not be used in connection with commercial purposes, with the exception of purposes that have been expressly approved by CultureLoad.
(2) You may only apply for registration if you are at least 12 years old. If you are 12, but not yet 18 years old, you must obtain the prior consent of your legal representative for the conclusion of the contract, unless the expenses are brought about by funds that have been entrusted to you for this purpose or for free disposal by your legal representative or with his / her prior consent by a third party.
(3) You confirm that all details that you enter into the registration mask are correct.
(4) You shall neither permit third parties to use your user access (account) nor grant access to this or its use.
(5) You shall inform CultureLoad without delay if you have the suspicion of an unauthorized use of your account or an access to your password. You are solely responsible for the use of your account.
(6) You shall have the possibility to allocate a photo to your user name. You affirm that you have the required rights to have the photo published in the Internet.
(7) The content of your commentaries on www.cultureload.net shall not be in breach of applicable law.
(8) You shall inform the administrator of CultureLoad by EMail if you discover unlawful objects on the pages of CultureLoad.
 

bb) Password

When applying for registration at CultureLoad, you must select a password. You undertake to keep the password secret and not pass this on to third parties. Keeping the password secret shall be exclusively and solely on your responsibility.
 

cc) Download of Objects

(1) You shall have the possibility to download objects.
(2) You shall not use the account in such a way that an overloading of the platform www.cultureload.net occurs.
 

dd) Streaming of Objects

(1) You shall have the possibility to stream objects without saving.
(2) You shall not use CultureLoad in such a way that an overloading of the platform www.cultureload.net occurs.

ee) Promotion of Objects (Widgets)

(1) You shall have the possibility to promote objects by artists and labels within “widgets” on external websites in case it is not prohibited by the external website.
(2) You get a commission on all sales that were made through the widgets that you have implemented on other websites. The amount of commission is depending on the share that the artist of an object is willing to offer. It is displayed on the page where you can create a widget.
(3) You can use your earned commission for all payments on CultureLoad or can request a withdrawal to your PayPal or Moneybookers account. The minimum amount for payouts is 10 Euro.

b) Rights and duties of CultureLoad 

aa) Standard duties

(1) CultureLoad shall provide a platform under www.cultureload.net, which displays functionalities based on which you have the possibility to acquire objects with rights of use, which the artists have specified.
(2) You may search through categories. You may write commentaries on the fan page of an artist if you are logged in.
(3) CultureLoad shall make available to you the use of an email tool.
(4) You shall not use the email tool for the spread of dishonest advertising or SPAM messages and no viruses or other damaged files (in Zip, RAR) through the portal of CultureLoad.
 

bb) Claim for indemnification and costs of the usage by CultureLoad

You shall indemnify CultureLoad against all third party claims in the case of a breach of the obligations stated in the foregoing section (C. b) aa) (1) (4)) of these Terms of Services and shall support CultureLoad in the defence of the usage of CultureLoad by third parties. You shall bear any costs (legal representation, court fees, penalties, etc.) that arise through this.
 

cc) Costfree services

If CultureLoad provides costfree services or performances, these may be modified or discontinued at any time and without prior notification. You are not entitled to any claims for supplementary performance, reduction of the purchase price, reimbursement or damages based on the modification or discontinuation.
 

dd) Availability

(1) The platform of CultureLoad shows a 95% availability of the services. This means that the platform is online for 478 of 504 hours in a period of 21 days and is thus available.
(2) CultureLoad must regularly carry out both scheduled and unscheduled servicing work, which in total may not exceed 25 hours in a period of 21 days. All servicing work shall be announced to you in a suitable form no later than two days before its performance and takes place on the date announced in the time announced.
(3) When selecting the date and duration of the scheduled servicing work, CultureLoad shall take into account your legitimate interests to an appropriate extent.
(4) In the event of unscheduled servicing work on the platform www.cultureload.net, CultureLoad shall commence and carry out the required work without delay. If the unscheduled servicing work may have or have effects on services for you, CultureLoad shall inform you without delay in suitable form (e.g. on the platform www.cultureload.net or by email) about the malfunction or disturbance and the expected duration of the malfunction or the disturbance.
 

 

D. Interests in the objects, prices, payment conditions, setoff and right of retention 

a) Interests in the objects

Each artist shall allocate a licence to each object, which shall be oriented to the Creative Commons Licence or to the licence conditions set by the GEMA (Gesellschaft für musikalische Aufführungs und mechanische Vervielfältigungsrechte) or comparable international collecting societies. You shall therefore acquire the rights that are identified for each individual object.
 

b) Prices

(1) The usage of services of CultureLoad shall be settled in Euro.
(2) For the download, the prices in Euro applicable at this time, which are published on the website of CultureLoad, shall apply.
(3) For the stream, the prices in Euro applicable at this time, which are published on the website of CultureLoad, shall apply.
 

c) Settlement and costs of the payment

(1) You may only acquire objects on the CultureLoad platform if you have first concluded a contract with the payment services provider "PayPal" (www.PayPal.com) or "Moneybookers" (www.moneybookers.com) and your account there shows money on account sufficient for the price of the object requested or if you have sent money via bank transfer.
(2) For adding funds on CultureLoad via PayPal or Moneybookers there is a minimum incoming payment amount of 5 Euro. Incoming payments via bank transfer do not have a minimum amount.
(3) CultureLoad points out that the use of these payment services providers is subject to regulations on their part, and namely in particular with regard to minimum outward payment and maximum incoming payment amounts.
(4) CultureLoad reserves the right to charge you the real transaction costs by PayPal and Moneybookers in future.
(5) CultureLoad reserves the rights to enable downloading of  purchased files once the transfer is finished.

d) Setoff and right of retention

(1) You may only set off against CultureLoad with counterclaims that are undisputed, disputed and ready for a decision or confirmed by final judgement.
(2) You shall only be entitled to assert a right of retention on account of counterclaims arising from the respective contract.
 

e) Assignment

You may not assign claims arising from this contract with CultureLoad without the prior consent of CultureLoad, unless this is expressly permitted in an individual contract.
 

f) Performance of the contract by third parties

CultureLoad is entitled to engage the services of third parties to perform the obligations incumbent on it.

 
 

E. Limitation on liability 

(1) Your claims for damages or the reimbursement of futile expenses shall be guided by the following regulations.
(2) For damage or losses arising from the injury to life, limb or health that is based on a negligent breach of duty by CultureLoad or an intentional or negligent breach of duty of a legal representative or vicarious agent of CultureLoad, CultureLoad shall have unrestricted liability.
(3) In other respects, CultureLoad shall have unrestricted liability only in the event of the nonavailability of the guaranteed quality and for intention and gross negligence of its legal representation and vicarious agents.
(4) CultureLoad is only liable for simple negligence if a duty is breached whose observance is of particular importance for achieving the purpose of the contract (cardinal obligation). In the event of simple negligence of a cardinal obligation, the liability shall be limited to 100 € as well as to such damage or losses whose occurrence must typically be expected within the scope of contracts of the present type.
(5) This shall not affect liability under the German Product Liability Act [Produkthaftungsgesetz].
(6) Liability for data loss shall be limited to the typical restoration expense that would have arisen in the event of regularly making backup copies in accordance with the risks, unless one of the preconditions as provided in para. 2 is satisfied.
 

 

F. Termination of the contractual relationship 

a) Termination by you

You may terminate and thus end the contractual relationship with CultureLoad at any time. It shall be sufficient to cancel the account through the function provided.
 

b) Termination by CultureLoad

CultureLoad shall have the right to terminate the contractual relationship at any time by giving 14 days' notice.
 

c) Termination without notice on grounds provided for by statute or agreement by CultureLoad

CultureLoad shall have the right to terminate the contractual relationship without notice on grounds provided for by statute or agreement if you have acted in breach of C. a) aa) (7) or C. b) bb) of these SERVICE TERMS. CultureLoad shall in this case additionally have the right to cancel all your commentaries from the platform without delay.

 
 

G. Final provisions 

a) Applicable law

(1) The law of the Federal Republic of Germany shall apply exclusively to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, CISG).
(2) If a provision has not become part of the contract or are ineffective in whole or in part, the contract shall remain effective in other respects. If the provisions have not become part of the contract or is ineffective, the content of the contract shall be governed by the statutory provisions.
 

b) Amendment to the contract, written form

(1) Any changes or amendments to a contract must be made in writing. Changes and amendments must be expressly identified as such and signed by you and CultureLoad.
(2) No incidental verbal agreements have been reached.
 

c) Amendments to the Service Terms

CultureLoad is entitled to change or amend these service terms at any time by observing an appropriate notice period. You shall have the right to object against the change or amendment. If you fail to object to the notification of a change within six weeks after the receipt of the notification of a change, the changes or amendments shall be effective. CultureLoad shall inform you about the possibility of raising objections and the set period for raising objections together with the notification of a change.


Effective: December 2009

Licence Agreement with CultureLoad

Preliminary remark

(1) CultureLoad operates under www.cultureload.net a platform on which artists provide audio (e.g. music, audio books, readings), video, text or photo files (hereinafter referred to as objects) for retrieval (download) for you.
(2) You as an artist shall conclude a non-exclusive contract with CultureLoad and shall transfer all required rights to CultureLoad in accordance with the terms of this contract. The object of this contract is that CultureLoad obtains the required licences to the objects that you upload to the platform www.cultureload.net, so that CultureLoad can pass on the licence to the users on the platform.

A. Uploading by the artist 

(1) You shall conclude a licence agreement with CultureLoad by uploading each object on the platform of CultureLoad. The licence agreement shall be subject to the following Standard Terms and Conditions of Business of CultureLoad, which you shall recognize expressly by clicking on the button "I accept".
(2) By registering, you affirm that the details on your identity given by you in the registration mask are correct.
(3) You guarantee that you are the sole holder of all rights, in particular of the proprietary rights of use and the author's moral rights to the objects uploaded by you.
(4) You shall guarantee in particular
that the contents and materials that are sent to CultureLoad do not infringe copyrights or other licences, trademarks, rights of personality or other third party rights;
that you will not send any illegal exhibitions, materials or contents glorifying violence, inciting racial hatred or racist, no means of propaganda or identifying characteristics of unconstitutional parties or their replacement organizations, no incitements to criminal acts, no pornographic exhibitions, materials or contents that are the subject matter of sexual abuse of children or sexual acts with animals and also no discriminatory statements or representations regarding race, gender, religion, nationality, disability, sexual orientation or age to CultureLoad;
that you do not breach any laws on the protection of young persons and no criminal laws; this shall apply in particular to the statutory regulations of sections 184 et seq. of the German Penal Code [Strafgesetzbuch (StGB)] (distribution of pornography) as well as sections 185 et seq. StGB (insult, defamation, slander);
that the objects are not subject to any digital rights management (DRM) or show electronic protection mechanisms for digital information;
that the objects do not contain any viruses, trojans, other harmful or potentially harmful elements.
(5) In case you are a member of the Society for Musical Performing Rights and Mechanical Reproduction Rights [Gesellschaft für musikalische Aufführungs und mechanische Vervielfältigungsrechte (GEMA)] in Berlin or comparable international societies, associations or clubs that assume the same or similar functions you will inform CultureLoad about it and you provide the required data before you publish an object.
(6) You shall indemnify CultureLoad against all third party claims in the event of a breach of the abovementioned duties. You shall support CultureLoad in the defence of the usage of CultureLoad by third parties; you shall bear any costs (legal representation, court fees, penalties, etc.) that arise through this.
(7) If contents of the objects uploaded by you are in breach of criminal law regulations, CultureLoad reserves the right to make criminal complaints.
(8) You shall make a backup copy of all uploaded objects. Liability for data loss shall therefore be restricted to the typical restoration expense that would have been incurred in the event of regularly making backup copies in accordance with the risk.
(9) You shall stipulate under what licence the uploaded object is to be retrievable for the users of the CultureLoad platform under the "Creative Common Licence" in case you are not a member of a collection society in the meaning of A. (5). You shall give a name to the file, allocate to it a generic category and a genre, you define keywords, a sales price within the ceiling price [compare C. (5)] and the amount of free downloads. In case the uploaded object is an image you can stipulate if it shall be offered as print (e.g. poster, canvas) additionally.

B. Licence

We would like to ask for your understanding that CultureLoad has to request the exploitation rights mentioned under B. (1) until (3) for promoting your works and for technical processing.

(1) You shall transfer to CultureLoad for each object that you upload to the platform www.cultureload.net while you have an artist account at CultureLoad, irrevocably a transferable right unlimited in time and place to use the uploaded object in its own way.
(2) The exploitation and use shall comprise in particular the right
a) to load the objects uploaded into the random access memory, into a buffer, into the cache memory and into the memory of the graphics card;
b) to copy the objects uploaded for backup purposes onto a different storage medium (e.g. streamer band);
c) to sell, rent out, lend out;
d) to distribute the objects uploaded in the WWW, in email services and in comparable networks, keep these ready for retrieval and reproduce these publicly;
e) to use the objects uploaded for use on or on the occasion of trade fairs, exhibitions, concerts, readings, private views, festivals or other official presentations and performances and competitions as well as for testing, teaching and research purposes;
f) to change, distribute and send the objects uploaded for advertising purposes;
g) to introduce and manage the objects uploaded in databases;
h) to process, alter, decompile and compile and bind the objects uploaded, safeguarding any author's copyrights, integrate or incorporate these into other software, or refashion, reduce or transfer these to other forms of work.
i) or to distribute in any other way (e.g. streaming, without saving);
(3) If you are not a member of collection society (e.g. GEMA) and you chose a Creative Commons Licence that contradicts some rights mentioned under B. (2) then the rights defined under the Creative Commons Licence count.

C. Rights and duties of CultureLoad 

(1) CultureLoad shall provide you with web space in order to make available his / her own works for downloading by the user of CultureLoad. The web space for audio, image, video and text files shall be limited to 2.048 MB (= 2 Gigabyte).
(2) CultureLoad shall be at liberty to adapt the size of its account and sell to you further web space against remuneration in the future. An expansion of the web space shall only take place in the event of sufficient cover of your current account at CultureLoad or after an incoming payment via bank transfer.
(3) CultureLoad is entitled to modify the file name and the keywords, the allocation to a generic category as well as to a genre for each object uploaded.
(4) CultureLoad points out that its platform is not subject to any Digital Rights Management (DRM) and does not show any electronic protection mechanisms for digital information.
(5) CultureLoad has stipulated ceiling prices for all kind of objects. The maximum ceiling price for an audio file is 0.99 €, for a video file is 4.99 €, for an image file is 9.99 € and for a text file is 14.99 €. The ceiling price for bundles like audio books and music albums is the sum of the items’ unit prices that are part of the bundle. If you are a member of a collection society (e.g. GEMA) there is a bottom price for all works due to the fees by the collection society in case of a sale. The bottom price for works that a registered by GEMA is 0.19 € for audio files. CultureLoad shall be at liberty to adapt the maximum ceiling price und the bottom price if necessary.
(6) CultureLoad shall have the right to offer all image files that fulfill a technical minimum requirement as prints. CultureLoad shall have the right to stipulate the sales prices for prints. There are no additional costs for the artist. The artist shall have the right to exclude individual works from a distribution as print. CultureLoad clearly points out that it will not offer image files as print if the file does not fulfill the technical minimum requirement.
(7) CultureLoad is not obliged to perform services that give rise to a breach of the law by CultureLoad. CultureLoad is entitled in such cases to refuse the service and withdraw from the contract.
(8) CultureLoad reserves the right to block works uploaded in the event of complaints for the access for downloads without your prior consent until the clarification in order to avert any damage by you or CultureLoad.
(9) CultureLoad shall have the right to terminate the contract without notice on grounds provided for by statute or agreement if you have acted in breach of A. (4). CultureLoad shall in this case additionally have the right to delete all your objects downloaded from the platform without delay.

D. Remuneration 

(1) CultureLoad shall pay 75 % of the gross remuneration to you for the settlement of the rights stated under B. (2) a) until h), which generates with the uploaded objects made available on the platform www.culterload.net in case of nongratuitous download (local saving, not streaming). If we also have to pay to you the VAT, we shall beforehand receive from you a notification with corresponding documentary proof. We keep the right to adjust German VAT in case of its change.
(2) CultureLoad shall pay fixed commissions for the sale of prints. You can find the current commissions on the website www.cultureload.net.
(3) You shall keep a current account at the payment services provider "Paypal" (www.paypal.com) or "Moneybookers" (www.moneybookers.com) or a bank account in Germany for the settlement of the payments. A payment by CultureLoad onto your account at "Paypal", "Moneybookers" or a bank account in Germany may only take place if your credit balance at CultureLoad amounts to 10 Euro. CultureLoad points out that the use of these payment services providers is subject to regulations on its part and namely in particular with regard to minimum outward payment as well as maximum incoming payment amounts.

E. Limitation on liability 

(1) Your claims for damages or reimbursement of comparable expenses shall be in accordance with the following regulations.
(2) For damage or losses arising from the injury to life, limb or health that is based on a negligent breach of duty by CultureLoad or an intentional or negligent breach of duty of a legal representative or vicarious agent of CultureLoad, CultureLoad shall have unrestricted liability.
(3) In other respects, CultureLoad shall have unrestricted liability only in the event of the nonavailability of the guaranteed quality and for intention and gross negligence of its legal representation and vicarious agents.
(4) CultureLoad is only liable for simple negligence if a duty is breached whose observance is of particular importance for achieving the purpose of the contract (cardinal obligation). In the event of simple negligence of a cardinal obligation, the liability shall be limited to 5,000 € as well as to such damage or losses whose occurrence must typically be expected within the scope of contracts of the present type.

F. Licence 

As an artist you shall at the same time be the user of the platform of CultureLoad. Inasmuch, additionally, the Standard Terms and Conditions of Business for the contractual relationship of CultureLoad shall apply to you.
 

G. Final provisions 

(1) You may only set off against CultureLoad with counterclaims that are undisputed, disputed yet ready for a decision or confirmed by final judgement. You shall only be entitled to assert a right of retention on account of counterclaims arising from the respective contract.
(2) Informal agreements and amendments to the contract shall only be valid if made in writing. No incidental verbal agreements have been reached.
(3) This contract shall be subject exclusively to the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, CISG).
(4) Subject to a contrary exclusive place of jurisdiction, you shall agree with CultureLoad on Siegen as the place of jurisdiction for all legal disputes arising from or in connection with this contract.
(5) Should one provision or several provisions of the contract be or become ineffective, this shall not affect the remaining provisions of the contract. You and CultureLoad undertake for this case to replace the ineffective provision by an effective provision that approximates most closely to the economic purpose of the ineffective provision.
 

Effective: December 2009