Tony's Place: Tips & Tricks
TERMS OF USE

Last updated: 28 july 2010

These are the Labtones.com ('Labtones'or 'we' 'our' or 'us') Terms of Use – Labtones.com being registered at the Chamber of Commerce, no. 24329127 and having its registered office in Dordrecht, The Netherlands ('Labtones.com') – which are applicable to the services of Labtones.com, described as Labtones.

Labtones.com is an online network for independent artists and listeners. The services offered by Labtones include any Labtones-branded URL (the 'Labtones Website'), Labtones messaging services (including, without limitation, instant messaging, private messaging, and email services), Labtones music services, and any other features, content, or applications offered from time to time by Labtones in connection with Labtones' business (collectively, the ' Labtones Services'). This Terms of Use Agreement, as may be modified from time to time, ('Agreement') constitutes legally binding terms and applies to your use of the Labtones Services. By accessing and/or using the Labtones Services, you agree to be bound by this Agreement, whether you are a 'Visitor' (which means that you simply browse the Labtones Services, including, without limitation, through a mobile or other wireless device, or otherwise use the Labtones Services without being registered) or you are a 'Member' (which means that you have registered with Labtones as an artist or a listener). The term 'User' refers to a Visitor or a Member. You are authorized to use the Labtones Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations ('Applicable Law') and the terms of this Agreement. In addition, in consideration for becoming a Member and/or making use of the Labtones Services, you must indicate your acceptance of this Agreement during the registration process.

Labtones reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the Labtones Services. All material modifications will apply prospectively only. Your continued use of the Labtones Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Labtones Services immediately.

1. Labtones.com service

Labtones does not regulate the communication between Users mutually or between Users and the Labtones service as to its content. Therefore Labtones has no control over the quality, safety, lawfulness, integrity or accuracy of the various parts of the service. Labtones is not liable for the acts or omissions of its Users including the files, data and/or materials they make available on the Labtones website. Therefore Labtones does not give warranties with regard to the content of files, data and/or materials provided by Users.

2. Account/profile

(2.1) In order to be able to use Labtones, you apply for your own account in the manner described on the Website. Labtones may at its own discretion decide whether or not to provide you with an account.

(2.2) You guarantee to Labtones that the information provided by you to Labtones, is complete, truthful and accurate including your personal details such as your name and email address. You agree that we save your details and use them in connection with the management of your account. Please consult our Privacy Statement in that regard.

(2.3) You guarantee to Labtones that you are 13 years of age or older.

(2.4) If you are not yet sixteen (16) you may only create an account subject to the prior consent of your parents or guardian. By accepting these Terms of Use you guarantee that you are aged sixteen (16) or over or have the consent of your parents or guardian to create an account.

(2.5) You may not create accounts in the name of another person, unless that other person has granted his/her consent to do so.

(2.6) You yourself are responsible for keeping the password of your account confidential to others and you will not grant others access to Labtones by using your account. You are liable for everything that happens because of others using your account with or without your consent or knowledge in the period prior to the time that you inform us of any unauthorised use.

(2.7) You can terminate your account at any required time.

(2.8) Profiles are for persons or bands/artists only. Profiles of companies will be deleted.

(2.9) Labtones reserves the right to limit the storage capacity of content that you post on, through or in connection with the Labtones services.

3. Use of the Website

(3.1) You guarantee to Labtones that you are entitled to make use of the Website and to act in accordance with these Terms of Use. You also guarantee to Labtones that you will at all times perform the obligations under these Terms of Use and that you will observe all laws and regulations governing the use of the Website.

(3.2) Without prejudice to the other clauses in these Terms of Use, the activities you carry out within the scope of Labtones may not:

(a) be based on lies and/or be misleading;

(b) infringe the rights of Labtones or third parties, including copyrights, neighbouring rights, trademark rights or any other intellectual property rights or rights relating to the protection of privacy;

(c) infringe any law, regulation, bye-law or any other applicable regulations;

(d) contain viruses, Trojan horses, worms, bots or other programmes/code that may damage, render useless or make inaccessible, delete or appropriate any automated work or data or that are meant to evade the Website's technical protective measures and/or the computer systems of Labtones;

(e) be of a commercial nature, subject to the prior written consent of Labtones; or

(f) in any other way be unlawful towards Labtones and/or a third party.

4. Intellectual property rights

(4.1) You acknowledge and agree that the Website contains files, other content and programmes which are owned by Labtones, licensors and/or Users of Labtones and which are protected by applicable intellectual property rights including, but not limited to, copyrights, neighbouring rights, trademark rights and patents.

(4.2) Under the conditions set out in these Terms of Use, Labtones grants to you a limited, personal, revocable, non-exclusive, not sub-licensable, non-transferable right to view and/or listen to files made available via the Website in the manner and in the format that these files are made available on the Website. Downloading, copying, altering, disclosing files, data, programs and/or materials, or using them, either directly or indirectly for commercial purposes or any purpose other than those mentioned above is explicitly not allowed, subject to the prior consent of Labtones or the relevant rights holder. This means, inter alia, that substantial parts of the Website may not be extracted or re-utilized and that non-substantial parts of the Website may not be extracted or reutilized repeatedly and systematically within the sense of the Database Act without prior written consent of Labtones

(4.3) Nothing in these Terms of Use or on the website is meant to transfer any intellectual property rights and/or to grant any intellectual property rights to you. The use you may make of the Website is limited to what has been described in these Terms of Use.

(4.4) You herewith declare that you will not perform any acts which infringe on the (intellectual property) rights of Labtones or third parties. You acknowledge and accept that any unauthorised use of files, data and materials vested with intellectual property rights, violates these Terms of Use and applicable legislation including, but not limited to, the Dutch Copyright Act (Auteurswet). Without prejudice to the above, the acts as mentioned in clause 4.2 will also be regarded as an infringement on Labtones’ ownership rights in its computer systems. 4.5 It is not permitted to remove, obliterate, hide or change notices or statements with regard to intellectual property rights.

5. Uploading files/license

(5.1) Under the conditions provided in these Terms of Use, in principle you keep the copyrights and other intellectual property rights which you own with regard to the files which you make available via the Website to the Website’s visitors.

(5.2) You acknowledge and agree that by making files, data and/or materials available to Labtones (by which in these Terms of Use amongst others is meant: uploading them) you automatically grant to Labtones:

(a) a free, unencumbered, worldwide, sub-licensable, non-exclusive license to use, reproduce, disseminate and publicise the files, data and/or materials in connection with the Labtones service;

(b) the right to remove, intentionally or unintentionally, and for whatever reason and also without any reason being given, from the Labtones servers and from the Website any files, data and/or materials made available by you, without Labtones becoming liable to you or a third party in any way whatsoever as a result of such removal.

(5.3) The license meant in clause 5.2 expires at the moment you or Labtones removes the respective files, data and/or materials from the Website.

(5.4) You acknowledge and agree that the files, data and/or materials you have made available to Labtones, will be used by other Users of Labtones. Labtones does not accept any liability for the compliance by the Users of Labtones with these Terms of Use. You therefore acknowledge that it might be possible that the files, data and/or materials made available by you to Labtones, are used in a manner which is contrary to or is not provided for in these Terms of Use. Labtones is not liable for any acts by a third party which are contrary to these Terms of Use or any legal provision or other unlawful act of a third party in relation to the files, data and/or materials made available by you.

(5.5) You are fully, independently and solely responsible for all use you make of the Website, including – but not limited to – making available files, data and/or materials and sending and sharing files, data and/or materials.

(5.6) You guarantee to Labtones that you are the fully entitled party with regard to the files, data and/or materials as meant in clause 5.2 and that you are fully entitled and authorised to grant the license as meant in these Terms of Use. You indemnify Labtones and all its affiliated companies and persons against any claims by third parties based on the allegation that the files, data and/or materials infringe any current (intellectual property) right of third parties or are otherwise unlawful towards third parties and against any claims resulting from your acts in contravention with these Terms of Use. All the costs incurred and damage suffered by Labtones in any way in connection with these claims will be reimbursed by you.

(5.7) By making files, data and/or materials available to Labtones, you guarantee that

(a) you are authorised to do so in accordance with these Terms of Use and that you are entitled to grant to Labtones the rights as meant in these Terms of Use;

(b) the files, data and/or materials made available by you do not contravene any law, or infringe any rights of third parties including contractual rights, intellectual property rights, privacy rights and neither are they otherwise unlawful to third parties or Labtones, and that no consent or license is necessary or required from you or any third party for using the files on the Website;

(c) you are not restricted by any lack of competence, restriction or prohibition with regard to your right to act in accordance with these Terms of Use and/or to make files, data and or materials available;

(d) Labtones will not be obliged to make any payment of any nature whatsoever to whomsoever, including persons and parties whose performance or concepts are included in the files, data and/or materials made available by you, or its producer(s), publisher(s) or maker(s) including collective right organisations;

(e) you are exclusively responsible for all the licenses, reports and payment obligations to any third party including, but not limited to, collective right organisations, in connection with the use of the files, date and/or materials made available by you as meant in these Terms of Use.

(5.8) The files, data and/or materials will not be used or reproduced by Labtones or third parties for marketing and/or promotional purposes via any medium whatsoever in connection with the Labtones service without your permission.

6. Prohibited content

(6.1) This article enumerates a non-exhaustive list of content you may in any event not make available via Labtones (it being at the sole discretion of Labtones to decide whether certain content is or is not permitted):

(a) Content which is discriminatory as to appearance, race, religion, gender, culture, origin or which can otherwise be called offensive;

(b) Content which incites to violence against and/or harassment of another person or other persons;

(c) Content which leads to or is the result of exploitation or abuse of others;

(d) Content which according to Labtones is contrary to public morality or good taste, is violent or includes a link to pornographic material or pornographic websites, or includes pornographic or erotic material;

(e) Content which asks for personal data of minors and/or makes available personal data of other persons;

(f) Content which encourages or commits the performance of illegal activities;

(g) Content which infringes intellectual property rights, privacy rights or any other rights of Labtones or third parties;

(h) Content which involves chain letters, junk mail or spamming and/or which asks for passwords or other information leading back to persons for commercial or illegal purposes;

(i) Content which, without the prior written consent of Labtones, involves commercial activity such as advertising, lotteries, contests or pyramid games;

(j) Content which includes a photograph or likeness of another person without that person’s consent;

(k) Content which infringes any law, regulation, bye-law, other applicable regulations or these Terms of Use.

7. Notice of unlawful content

(7.1) Labtones will examine notices of infringement on rights of third parties by Users of Labtones and if possible take measures against it. If you are of the opinion that a Labtones User infringes your rights, please inform us of filling in the form on the Contact page. This notice should

(a) include the URL from which the material that in your opinion infringes your rights can be found on the Labtones website;

(b) include a statement that in your view your rights have been infringed upon and why;

(c) include contact details where Labtones can contact you, such as your name, address, telephone number and email address;

(d) include a statement supported by documentary evidence that the information in your notice is accurate and complete and – where it concerns the infringement of intellectual property rights - that you are the owner of the respective intellectual property rights;

(e) - be signed by the owner of the intellectual property rights or the person who is demonstrably authorised to act on behalf of the owner;

(f) – where it concerns the infringement of intellectual property rights - include a description of the work or works which in your view have been infringed upon with a specification of precisely what the infringement is.

(7.2) Labtones reserves the right to forward such notice to the person(s)/or company responsible for the content to which the notice refers.

(7.3) If it is evident from the notice that the content is manifestly unlawful, Labtones will remove it or make it inaccessible.

(7.4) Labtones reserves the right not to grant a request to remove or make inaccessible content if it has well-founded reasons to doubt the accuracy of the notice or the lawful nature of the evidence submitted or if the content to which the notice refers does not appear to be manifestly unlawful. Within that scope Labtones may for instance require a judicial decision of a competent court in the Netherlands, which decision demonstrates that the content concerned is manifestly unlawful.

(7.5) By issuing a notice you indemnify Labtones and all affiliated companies as well as its board, board members, employees, representatives and legal successors against any claim of third parties with regard to removing or making inaccessible information. Such indemnification also covers the damage that Labtones suffers and the costs it incurs or will yet suffer or incur or the costs which Labtones has to incur in relation to such claim, including – but not limited to – reimbursing the costs of legal assistance.

(7.6) Labtones will not in any way be a party to any dispute between the person having issued the notice and the User to which the notice refers. Please note that any video content made available on or through the Website which contains or displays the YouTube logo or which is provided via the YouTube player is provided to you by YouTube and from YouTube’s servers, and Labtones.com thus does not have the ability to permanently remove all or any such content from YouTube’s servers. Therefore, if you have a complaint concerning any video content made available on the Website that is provided by YouTube, you should contact YouTube directly in accordance with copyright policies at: http://www.youtube.com/t/terms. If you believe that your work is available on the Website via the YouTube player in a way that constitutes copyright infringement, please:

(a) Contact YouTube directly in accordance with copyright policies at: http://www.youtube.com/t/terms and

(b) contact Labtones.com by sending us a notice in accordance with the provisions of this Section.

8. Our Linking Policy

Any web site that links to the Website:

(a) must not frame, surround, obfuscate or create a browser or border environment around any of the Content of the Website;

(b) may link to, but not replicate, the Content;

(c) must not imply that Labtones.com or the Website or any artist or performer are endorsing or sponsoring it or its products, unless Labtones.com has given its prior written consent;

(d) must not present false information about Labtones.com or its products or services;

(e) must not use any Labtones.com Services or trademarks except as expressly permitted in these Terms of Use or without the prior written permission from Labtones.com;

(f) must not contain content that is illegal, obscene or defamatory, or that could be construed as distasteful, offensive or controversial;

(g) must not support, endorse or encourage piracy or the unauthorised exploitation of intellectual property rights. By linking to the Website, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms of Use, we reserve the right to deny permission to link to the Website for any reason in our sole and absolute discretion.

9. Competitions

Labtones.com may decide to run competitions, promotions, prize draws and other opportunities on the Website and these will be governed by a separate set of terms and conditions. A link to these terms and conditions will be found on the Website, alongside details of the specific competition, promotion, prize draw and other opportunities. It is your responsibility to read those terms and conditions for details about the terms that shall apply and any eligibility requirements.

10. Paid services and products

(10.1) All prices of paid services and products offered by Labtones are in euros and inclusive of Dutch VAT (BTW).

(10.2) You pay the price stated on the Website for the Products and/or Services ordered via the Website. Payment is made in the manner indicated in the agreement or elsewhere on the Website. Unless explicitly agreed otherwise, payment must be made when you place the order or enter into an agreement.

(10.3) The prices stated on the Website may, without prior announcement, be changed. Only the price stated on the Website when the agreement is concluded will be binding.

(10.4) You cannot hold Labtones to any offers and/or prices if you should in all reasonableness have known that the offer and/or the price are/is an obvious mistake or obvious error in writing.

11. Discontinuation of services

(11.1) In addition to the other (legal) remedies at Labtones’ disposal, Labtones is at all times, without reasons being given and without prior explanation entitled, to restrict, suspend or discontinue your activities in connection with Labtones temporarily or permanently, to discontinue and/or remove your account temporarily or permanently, to remove files, data and/or materials, to send out a warning and refuse to provide services to you, particularly, but not limited to, in the event that:

(a) you act contrary to these Terms of Use;

(b) we hold the view that your acts may inflict damage or create liability to yourself, to other Users or to Labtones.
Labtones will not have any liability whatsoever in this respect.

(11.2) If your use of a paid service of Labtones is terminated, for any reason whatsoever, you are not entitled to a refund of any advance payments. In such cases the payments already made accrue to Labtones.

(11.3) Labtones does not guarantee that the Labtones service will be available at all times and without interruption or breakdowns.

12. Privacy

By using the Website you are bound by our Privacy Statement, which can be found on the Website.

13. Content of third parties

(13.1) It is possible that the Website contains applications, content and services of third parties and/or links to websites of third parties (“Content of Third Parties”). The inclusion or present of Content of Third Parties on the Website does not imply that Labtones has approved and/or checked such Content. Labtones is not responsible for the content and manner of operation of Content of Third Parties or for any use thereof by the Users of the Website.

(13.2) The applicable terms and conditions of third parties apply to the products and services offered by those third parties.

14 Liability

(14.1) Labtones does not accept any liability for damage resulting from an attributable failure in the performance of the agreement to provide services, including but not limited to damage resulting from or in connection with the use of the Website or the impossibility of using it and/or any associated services of Labtones or an unlawful act or otherwise, insofar as permitted under mandatory law.

(14.2) Insofar any liability rests with Labtones based on such provisions, the liability will at all times be limited per event (whereby a series of related events will be regarded as one single event) to the payments actually made by you to Labtones in the current calendar year (exclusive of BTW) for the products and/or services from which the liability of Labtones ensued.

(14.3) Labtones will never be liable for any consequential damage including clear financial loss, loss of turnover and profit, loss of data and immaterial damage, resulting from or in connection with the services rendered by Labtones and/or your use of the Website.

(14.4) A prerequisite for the right to damages is that you will at all times report the damage to Labtones as soon as possible after suffering it. Any claim to damages against Labtones lapses 12 months after the claim arises.

(14.5) This restriction of liability does however not mean that Labtones excludes any liability for intent and/or gross negligence on the part of Labtones (“own actions”) itself and/or the Labtones board.

15. Miscellaneous provisions

(15.1) These Terms of Use include all the arrangements made by the parties in this connection. They replace all arrangements and agreements made previously which the parties have made or formed in this connection. Verbal statements, promises or arrangements have no legal effect unless they have been confirmed in writing.

(15.2) Without prejudice to any existing statutory obligations on the part of Labtones to retain the agreement between you and Labtones in connection with the use of the Website, Labtones does not have to keep any archived agreement accessible for you.

(15.3) If one or more provisions of these Terms of Use are null and void or are annulled, the remaining provisions will remain in full force and effect.

(15.4) These Terms of Use are governed by Dutch law. Any and all disputes resulting from this agreement will exclusively be submitted to the competent courts in Amsterdam.

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