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Montag, 24. Juli 2017

Impressum

fairtone Entertainment
Zur Freiheit 6
D-51491 Overath
Tel. +49 2204 426711
Fax +49 2204 426712

Amtsgericht Köln, LC Code 00756
fairtone Tax: ID: DE191931979
© Copyright fairtone Entertainment Inc. 

Welcome! In order to keep fairtone Domain a healthy, vibrant online community, we have adopted the following Terms of Use, which are applicable to everyone accessing  and using fairtone Domain. fairtone Domain reserves the right to alter these Terms of Use without advance notice by posting revised Terms. A current version of these Terms of Use will always be  available at this location.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING FAIRTONE DOMAIN. YOUR USE OF OR ACCESS TO FAIRTONE DOMAIN CONSTITUTES AGREEMENT TO ABIDE BY THE  TERMS OF USE THEN IN EFFECT. IF YOU DO NOT AGREE WITH ALL OF THE FOLLOWING TERMS OF USE, PLEASE DO NOT USE FAIRTONE DOMAIN. FAIRTONE DOMAIN IS A GENERAL INTEREST SITE NOT INTENDED FOR CHILDREN UNDER 13 YEARS OF AGE. THEREFORE, PERSONS UNDER 13 YEARS OF AGE ARE NOT PERMITTED TO REGISTER FOR ANY FAIRTONE DOMAIN SERVICE.

fairtone Domain is owned and operated by fairtone Entertainment Inc., a wholly owned subsidiary of Papa Music International. Whenever we refer to “fairtone Domain” in these Terms of Use, we are including fairtone Entertainment Inc., its parent company, and its subsidiaries and other affiliates. Any questions regarding the specific terms of these Terms of Use should be directed to fairtone Interactive Services.

fairtone Domain provides an opportunity for users to exchange  information, ideas and opinions through the use of the web site located at, including but not limited to, chat, instant messaging, blogs, personalized web  pages or other social networking communications tools (“Profiles”), and other services provided by fairtone Domain (collectively, the “Service(s)”).

The information, advice (such as legal and financial advice), ideas and opinions  appearing on fairtone Domain do not necessarily reflect the views of fairtone  Domain. fairtone Domain does not assume responsibility or accept liability for  the content, accuracy, truthfulness or reliability of information, advice, ideas  and opinions appearing on fairtone Domain, or for any claims, damages or losses  resulting from the dissemination or use of any information, advice, ideas and  opinions appearing on fairtone Domain. You assume full responsibility and you  assume all risk for the use of the Service, and you are solely responsible for  evaluating the accuracy, completeness, and usefulness of all services, products,  communications, and other information. All communications between users are at  the user’s sole control and risk. Unless explicitly stated otherwise, any new  features that augment or enhance the current Service, shall be subject to this Agreement.

You understand and agree that the Service is provided “AS-IS” and that fairtone Domain assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, Profiles or personalization settings. You specifically agree that fairtone Domain is not responsible for unauthorized  access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through  the Service. You specifically agree that fairtone Domain is not responsible or  liable for any threatening, defamatory, obscene, offensive or illegal content or  conduct of any other party or any infringement of another’s rights, including  intellectual property rights. You specifically agree that fairtone Domain is not  responsible for any content sent using and/or included in the Service by any  third party. Although we are not required to monitor or edit the interactive  portions of fairtone Domain, we reserve the right to do so and to delete any content provided by a user. fairtone Domain is not responsible for any failure  or delay in removing inaccurate or harmful content.

Third Party Websites and Content.

The appearance of external hyperlinks does not constitute endorsement by fairtone Domain, its subsidiaries and affiliates of the opinions or views expressed by these linked websites and fairtone Domain does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. Furthermore,  fairtone Domain is not responsible for the quality or delivery of the products or services offered, accessed, obtained or advertised by such sites. As such, neither fairtone Domain, its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. To the extent that these sites collect  personal information (the “Information”) or Submission(s) from the user, be advised that in no event shall fairtone Domain assume or have any responsibility or liability for the manner in which the Information or Submission(s) are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. Finally, fairtone Domain will under no circumstances  be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of  copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites.

Community Standards and Submissions.

You agree that your use of the Service is  subject to all applicable local, state, national and international laws and  regulations and you are solely responsible for all acts or omissions that occur  under your account or password, including, without limitation, the contents of  your transmissions through the Service. In order to maintain tolerant and thoughtful interaction, fairtone Domain expects  you to respect the rights and dignity of others. Accordingly, you may not:

Harass, intimidate, or threaten another user; victimize, degrade, or intimidate an  individual or group on the basis of race, ethnicity, gender, sexual orientation,  religion, age, or disability; interfere with another user’s rights to privacy  (including by harvesting or collecting information about fairtone Domain users);  distribute junk or bulk e-mail, chain letters, surveys, contests, lotteries, or  any other form of unauthorized solicitation; post to fairtone Domain any  material that is defamatory, fraudulent, tortious, profane, obscene or indecent including, but not limited to, nude photos of yourself or others or pornographic photos or images; post to fairtone Domain any trademarks, logos, trade secrets, or copyrighted material that you aren’t authorized to post; post to fairtone Domain any virus, worm, Trojan Horse, or any other computer code, file, or program that may or is intended to damage the operation of any hardware, software, or telecommunications equipment; advertise or offer to sell or buy any goods or services for any non-personal purpose without the approval of fairtone Domain; impersonate any person or entity, including, but not limited to, a fairtone Domain official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; or forge headers or otherwise manipulate identifiers in order to disguise the origin of any transmissions through the Service; try to gain unauthorized access to the  Service, other user accounts, or computers connected to the Service through password mining or other means; and violate any applicable laws or regulations, including, but not limited to, laws regarding the transmission of technical data or software exported from the E.U. through the Service. To the extent that portions of fairtone Domain provide users an opportunity to  submit, post and/or exchange information, ideas, opinions, photographs, images,  video, creative works, or any other material (hereafter, the “Submission(s)”),  please be advised that Submission do not necessarily reflect the views of fairtone Domain. In no event shall fairtone Domain assume or have any responsibility or liability for any Submission or for any claims, damages or losses resulting from their use and/or appearance on fairtone Domain. By posting a Submission, you automatically grant fairtone Domain an irrevocable,  perpetual, non-exclusive, transferable. fully paid, worldwide license (with the  right to sublicense) to use, copy, publicly perform, publicly display, prepare  derivative works of, reformat, translate, excerpt (in whole or in part), and  distribute such Submission in whole or in part for any purpose, in any and all  media, now known or hereafter devised, alone, or together or as part of other  material of any kind or nature without any obligation to compensate you or  anyone else.

By posting a Submission, you represent and warrant that you have all necessary  rights in such Submission and all information contained therein and that such  Submission does not contain libelous, tortious, or otherwise unlawful  information that may infringe upon the right of any third party, including  copyright, trademark, privacy, publicity or other personal or proprietary  rights. If your Submission incorporates the name, voice, likeness or image of  any individual, you represent and warrant that you have the right to grant  fairtone Domain permission to use such name, voice, likeness and/or image of  such individual appearing in the Submission in all media throughout the world in  perpetuity. Without  limiting the foregoing, fairtone Domain will have the right to delete, use and  change the Submission in any manner that fairtone Domain may determine. Please  be advised that in no event shall fairtone Domain assume or have any  responsibility or liability for the manner in which the Submission is exploited  or for any claim, damages or losses resulting from their use and/or appearance  on fairtone Domain’s websites, affiliated television programming services or  elsewhere. Please also understand that your Submission shall not be returned by  fairtone Domain.

You  agree to defend, indemnify and hold fairtone Domain, its parent, affiliated  subsidiary and/or related entities and parties harmless from and against any  breach or alleged breach of any of your representations, warranties or  undertakings hereunder. Notwithstanding  the foregoing, you acknowledge that any Submission that you post on fairtone  Domain, including on a fairtone Domain Profile, is available to the general  public, and you therefore waive any and all potential claims against fairtone  Domain relating to, among other things, privacy, defamation or false light.

fairtone  Domain reserves the right to highlight, categorize or otherwise bring attention  to in any manner fairtone Domain deems appropriate in its sole discretion to any  fairtone Domain Profile you may create. fairtone Domain reserves the right to  eliminate any fairtone Domain Profile it deems, in its sole discretion, to be  offensive, inappropriate or otherwise inconsistent with these Terms of Use, the  fairtone Domain Privacy Policy, or the rights and interests of fairtone Domain,  its community, sponsors and business partners. You acknowledge that certain  technical processing of your messages and their content may be required to:

1. Send and receive messages;

2. Conform to connecting networks’ technical requirements;

3. Conform to the limitations of the Service;

4. Conform  to other similar requirements.

You acknowledge that such processing and alteration are automated and do not  constitute the exercise of editorial control over the messages or the monitoring  of message content. You agree that fairtone Domain may access your account, including its contents, as stated above or to respond to service or technical issues.

fairtone Domain reserves the right to set limits on the number of messages you may send or store. You agree that fairtone Domain has no responsibility or liability for  the deletion or failure to store any messages and other communications or other  content maintained or transmitted by the Service. You acknowledge that fairtone Domain reserves the right to log off accounts that are inactive for an extended  period of time. You further acknowledge that fairtone Domain reserves the right  to change its general practices and limits at any time, in its sole discretion, with or without notice.

Additional  Services.

fairtone Domain may offer special Services, including, without  limitation downloadable software and content for your private (non-commercial) use from time to time. You may not resell or make any commercial use of these  Services, downloads, or software. All of these additional services are conditioned on your acceptance without modification of these Terms of Use.

Any software, including but not limited to, widgets (“Software”) that is made  available to download from the Service, is the copyrighted work of fairtone  Domain and/or its suppliers. Except as expressly authorized by fairtone Domain  or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or  create derivative works based on the Service or the Software, in whole or in  part. These Terms of Use and the terms of the end user license agreement, if any, which accompanies or is included with the software, govern your use of the Software. You may not install or use any Software that is accompanied by or includes a license agreement unless you first agree to the license agreement terms.

For any Software not accompanied by a license agreement, fairtone Domain  grants you a personal, non-transferable and non-exclusive right and license to use the object code of the Software on a single computer; provided that you do  not (and do not allow any third party to) copy, modify, create a derivative work  of, reverse engineer, reverse assemble or otherwise attempt to discover any  source code, sell, assign, sublicense, grant a security interest in or otherwise  transfer any right in the Software.

Trademarks.

fairtone Domain and all marks, titles, logos, characters, and names that we display on fairtone Domain are either registered trademarks, trademarks or trade dress owned by fairtone Domain, its parent, subsidiaries, affiliates or assigns, or to the extent applicable, trademarks that are used with permission. Some but not  all fairtone Domain trademarks are listed in About Us. All fairtone Domain  trademarks and trade dress may not be used in connection with any product or  service in any manner that is likely to cause confusion and may not be copied,  imitated, or used, in whole or in part, without the prior written permission of  fairtone Domain.

Ownership of Intellectual Property.

All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the “Material”) are the property of fairtone Domain and/or its subsidiaries, affiliates or assigns or fairtone Domain’s licensors or other respective owners and are protected, without limitation, pursuant to E.U. and foreign copyright, trademark and other applicable laws. fairtone Domain hereby grants you a personal, non-exclusive, non-assignable and non-transferable limited license to use and display the  Material for noncommercial and personal use only provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via  a third party website) without the express prior written consent of fairtone Domain. Use of fairtone Domain and/or its licensors’ Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any  unauthorized or prohibited use may subject the offender to civil liability and  criminal prosecution under applicable federal and state laws.

All content on fairtone Domain is protected under copyright law (although fairtone  Domain makes no representations or warranties nor accepts any liability for the  content created, reproduced, published or posted by users in Profiles). You may  download one copy of the content of fairtone Domain to any single computer for  your personal, non-commercial home use only, provided that you keep intact all  copyright and other proprietary notices. You may not otherwise license, sell,  modify, copy, publish, distribute or display any of the fairtone Domain  content. In  the event you have a claim of copyright infringement with respect to material  that is contained on fairtone Domain, please follow the procedures below:

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL  ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS  PROCESS.

Written notification must be submitted to the following Designated Agent:

Service Provider(s): fairtone Domain

Name of Agent Designated to Receive Notification of Claimed Infringement:

General Counsel Full Address of Designated Agent to Which Notification Should be  sent:

fairtone  Entertainment Inc.

Telephone Number of Designated Agent: (+49) 2204 426711

Fax Number of Designated Agent: (+49) 2204 426712

Email Address of Designated Agent: info@fairtone.de

To be effective, the Notification must include the following:

A physical or electronic signature of a person authorized to act on behalf of the  owner of an exclusive right that is allegedly infringed; Identification of the  copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and  that is to be removed or access to which is to be disabled, and information  reasonably sufficient to permit the service provider to locate the material;  Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as; address, telephone number, and if available, an electronic mail address at which the complaining party may be; contacted; A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification  is accurate, and under penalty of perjury, that the complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of the written Notification containing the information as outlined in 1 through 6 above: Service Provider shall remove or disable access to the material  that is alleged to be infringing; Service Provider shall; forward the written notification to such alleged infringer; (“Subscriber”); Service Provider shall  take reasonable steps to promptly notify the Subscriber that it has removed or  disabled access to the material.

Counter Notification: To be effective, a Counter Notification must be a written communication provided to the Service Provider’s Designated Agent that includes substantially the following: A physical or electronic signature of the Subscriber; Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; A statement under penalty of perjury that the Subscriber has a  good faith belief that the material was removed or disabled as a result of  mistake or misidentification of the material to be removed or disabled; The Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber’s  address is outside of the E.U., for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process  from the person who provided notification or an agent of such person.

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above: Service Provider shall promptly provide the Complaining Party with a copy of the Counter Notification; Service Provider shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10)  business days; Service Provider shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days  following receipt of the Counter Notification, provided Service Provider’s Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider’s network or  system Termination.

Termination.

fairtone Domain may, in its sole discretion, terminate your right to use fairtone Domain at any time, and without notice, for any reason, including your violation of any of these Terms of Use or any other policy that fairtone Domain posts. fairtone Domain also reserves the right to modify or discontinue any services it  provides, or any portion thereof, without notice to you and without liability to you. fairtone Domain may immediately terminate any account that it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, you agree to pay fairtone Domain liquidated damages of €5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account. Otherwise, you agree to pay fairtone Domain’s actual damages, to the extent such actual damages can be reasonably calculated.

International Use.

By choosing to access fairtone Domain from any location other than the E.U. Countries, you accept full responsibility for compliance with all local laws. You are also subject to E.U. Countries export controls and are responsible for any violations of E.U. Countries embargoes or other federal rules and regulations restricting exports.

Advertising.

Users may from time to time enter into correspondence with or participate in the  promotions of advertisers through the Service. All such correspondence, including, without limitation, any resulting contractual agreements, are solely between the advertiser and the user and, as such, fairtone Domain shall not be  responsible for upholding any applicable terms, conditions, representations of  warranties made by advertiser or user in connection therewith.

Contests, Sweepstakes and Promotions.

fairtone Domain may conduct promotions on or through the Service, including without limitation, contests, sweepstakes and  other promotions. Each promotion may have additional terms and / or rules, which will be posted or otherwise made available to the user and, for purposes of each  promotion, will be deemed incorporated into and become a part of these Terms of Use. To the extent that there is a conflict between these Terms of Use and the  specific rules for the promotion in which you choose to participate, these Terms  of Use shall govern, unless expressly stated otherwise in such promotion  rules.

Registration.

To  open an account to access and use the Service, you will need to provide us with  current, complete, and accurate registration information. You will then choose a password and an account user name. You are entirely responsible for maintaining the confidentiality of your password and account name, for maintaining the  accuracy of your registration information, and for any and all activities that occur under your account. fairtone Domain is not liable for any harm caused or related to the theft or misappropriation of your user name or password,  disclosure of your user name or password, or your authorization of anyone else  to use your user name or password. If you become aware of any unauthorized use  of your account or account information, you should notify fairtone Domain  immediately.

Governing Law.

These Terms of Use shall be governed by and interpreted in  accordance with the laws of the E.U. Countries of America, without regard to their principles of conflicts of law. Any action to enforce this Agreement shall be brought in the federal or state courts located in the District of Columbia.

Enforcement.

Any part of these Terms of Use that is found by a court of competent jurisdiction to be invalid or unenforceable will be replaced with language reflecting the  original purpose in a valid and enforceable manner. The enforceable sections of these Terms of Use will remain binding upon the parties.

IMPORTANT.

YOUR USE OF FAIRTONE, THE CONTENT ON FAIRTONE, AND ANY GOODS OR SERVICES YOU ACQUIRE FROM FAIRTONE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. FAIRTONE DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FAIRTONE WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF FAIRTONE HAD BEEN ADVISED OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, FAIRTONE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE FAIRTONE OR FAIRTONE SERVICES, FROM GOODS ACQUIRED THROUGH FAIRTONE, OR FROM ANY CONTENT POSTED ON FAIRTONE BY FAIRTONE OR ANYONE ELSE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL FAIRTONE’S LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING FAIRTONE. FAIRTONE MAKES NO WARRANTY THAT: (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

Indemnification.

You agree to indemnify, defend and hold harmless, fairtone, its affiliates, and  their respective officers, directors, employees, agents, licensors, representatives, and third party providers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting  from any violation of this Agreement by you. fairtone reserves the right to  assume, at its sole expense, the exclusive defense and control of any matter  subject to indemnification by you, in which event you will fully cooperate with  fairtone in asserting any available defenses.

Privacy.

We respect your privacy and the use and protection of your personal information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your personal information in connection with your use of fairtone.

Entire Agreement.

fairtone Entertainment Inc. operates and controls from its offices at fairtone Entertainment Inc.

fairtone domains is intended exclusively for residents of the E.U. Countries including  residents of the E.U. Countries, its territories and possessions. No software from fairtone may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to E.U. export restrictions. These Terms of Use, including terms incorporated into them by reference, as well as any additional terms, disclosures or conditions contained on fairtone for particular activities, and consents provided by you on fairtone contains the entire understanding and supersedes all prior or contemporaneous communications, proposals or understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of these Terms of Use is found to be illegal or unenforceable, the Terms of Use will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.