Swiss Electronic Musiclabel

MODPROJECT

General terms and conditions of business

GTC

SCOPE AND SUBJECT
Modproject, is an association according to Article 60 ff. of the Swiss Civil Code.

The comapany consists of the board of directors.

The office manages the data of the members of Modproject.

These General Terms and Conditions regulate the
tion and sale of products and services with the Modproject label.
With membership, the member and its users accept the terms and conditions. This
are part of the contract between the members and Modproject

For contacts, the website modproject.club/modproject.ch can be consulted.
Booking
Obligations of the organizer:

The organizer provides the necessary equipment and its connection options (see Technical Rider)
The number of guest list places, possibly with access for the backstage area, of the artist is X people, furthermore the artist is provided with X drink brands.
The promoter will also cover any accommodation costs, if agreed in advance. Room service, telephone costs, etc. are at the expense of the artist. In addition, the organizer must provide at least 1 hot meal a day.
The organizer undertakes not to record the event, except with the express written permission of the artist. Failure to comply will result in a contractual penalty of 100% of the agreed fee and the artist has the right not to perform his performance.
The promoter undertakes to provide the artist with all information, directions, hotel address, etc. at least 2 weeks before the event.
General Clauses

Should one of the contracting parties for any reason – apart from force majeure – not meet his obligations under this contract, he will be obliged to pay a contractual penalty of 100% of the agreed fee. An exception to this is the cancellation of the event, provided that the organizer was informed of the cancellation no later than 3 weeks before the start of the event. In the event of “force majeure” occurring, both contracting parties are released from this contract.
Both parties show goodwill until the final signing of the contract. In case of unsolvable problems or negative intentions, this contract will be declared null and void.
The agreements made in this contract are subject to the confidentiality of both partners.
The contract must be signed and sent back within 7 days (postmark) to the contact details sent to you by Modproject. In the event of disregard, both contractual partners have the right to make other agreements.
Place of jurisdiction is the place of residence of the artist.
COPYRIGHT

The content and applications for processing and accessing the content (song, mixes, etc.)
are intellectual property of modproject and are protected by copyright. The
Total or partial reproduction, electronic or with others
distribution, the modification, the linking or the use
authorization for commercial or public purposes
the prior, express written consent of the Management Board.

WARRANTY AND LIABILITY

With reference to the data and services provided, any
technical warranty and liability rejected. In particular, no guarantee is given for
the accuracy, completeness, validity or other aspects of the available
provided data, content and evaluations. The same applies to
any kind of downloads that are activated.
This disclaimer of warranty and liability is comprehensive and applies
to all parties involved, in particular to the office and the
was standing.

Selling Restriction

Modproject only sells products to end customers and not to resellers, distributors, music retailers, exporters, wholesalers or other companies with the intention of reselling. Modproject reserves the right to deny end users access to the website or the sale of any products. Modproject may terminate free offers or special promotions or prices for goods at any time.

Right to change prices and availability of content.

Prices and availability of content offered through the website are subject to change at any time. Modproject does not offer price protection or refunds in the event of a price drop or promotional offer.

Sale of downloads

Each Download Product (as defined below) is a Single Sale and subject to the terms of this Agreement. Each purchase of a Download by you is considered a separate transaction and each delivery of a Download constitutes a separate sale, regardless of whether the delivery is a full or partial fulfillment of an order. For the purpose of producing Modproject charts and other marketing data, Modproject reserves the right to correct or disregard any downloads suspected to be the result of suspicious sales behavior aimed at, in Modproject’s sole discretion, selling data falsely inflate.

No refund

All sales are final and all fees from such sales are non-refundable. Modproject will not refund any fees for any product or service that you purchase and then fail to download, unless such failure is solely due to Modproject’s negligence or gross misconduct.

No responsibility for typos

Due to the rapidly growing, wide variety of content on the site, it is possible for products to be inadvertently mis-rated. In such a case, Modproject reserves the right not to accept end-user orders with prices based on typographical errors.

Steer

You are responsible for paying all state taxes levied on your purchases, including but not limited to sales, use or value added taxes.

Order Acceptance Policy

Your receipt of an electronic or other form of acknowledgment does not (1) constitute an offer to sell by Modproject and (2) does not constitute Modproject’s acceptance of your order. Modproject reserves the right, in its sole discretion and without prior notice to you and for any reason, to refuse your product request or to supply less than the quantity you have ordered after receipt of your order. In addition, Modproject reserves the right, in its sole discretion, to accept payment and process delivery of the product without considering the purchase for Modproject charting purposes, if for any reason, in its sole discretion, it believes that such purchase is exclusively was intended to falsely inflate sales data.

Fees and Billing

Modproject currently accepts Visa, Master Card, and PayPal. Modproject does not accept cash, money orders or checks. Modproject reserves the right to change this policy at any time. You agree to pay all fees and charges associated with your purchases (including any applicable taxes) at the rates in effect at the time the fees were incurred. You, not Modproject, are responsible for any unauthorized amounts charged to your credit card by third parties. As a cardholder, your card issuer agreement governs your use of the designated card and therefore you must refer to that agreement to determine your rights and obligations as a cardholder. The obligation to pay for product orders previously accepted by Modproject will remain in place even after you terminate your account. Due to the nature of the service, refunds are only possible in exceptional cases at the sole discretion of Modproject management.

currency

Modproject accepts the following currencies: US Dollars, Euros and Swiss Francs. The currency displayed and accepted for each individual purchase is based solely on your sales territory and cannot be changed by the end user
Restrictions on Content Use and Copyright

Modproject may provide certain content. Your access to and/or use of any Content is limited by the rules assigned to the Content by Modproject (“Content Rules”) and/or copyright law and as described in this Agreement or on the website where you access such Content. You shall not attempt or assist anyone else’s attempt to decipher, reverse engineer, circumvent or otherwise alter or interfere with any software necessary for use of the Site or the Content Rules. Modproject RESERVES THE RIGHT TO ENFORCE THE PRODUCT RULES WITH OR WITHOUT NOTICE TO YOU.

A “stream” is the digital transmission of a sound recording of a musical work, in whole or in part, to an end user over the Internet where the content can be heard or viewed but not downloaded for later playback. You may not attempt or support attempts by others to download, copy, distribute, modify or capture any Stream.

A “Download” is a purchased product that you may (1) transfer to a compatible portable device, (2) save to your hard drive for unlimited playback time, or (3) burn to a CD/DVD, each for personal use only personal use and not for commercial or public use or distribution. Modproject assumes no liability for lost, damaged or destroyed downloads. Any security technology provided with a download is an inseparable part of the download. The download function does not limit any rights of copyright holders in a product or works contained therein.
Except as permitted herein, you may not copy, reproduce, modify, rent, lease, broadcast, download, transmit, distribute or otherwise distribute any streams or downloads or any other content contained on the Site except for your own personal non-commercial use, unless otherwise stated herein. Any unauthorized copying, distribution, use or sharing is not permitted by this Agreement or applicable provisions of violates international copyright and intellectual property laws.
Prohibited Use of Content

You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use any restriction systems associated with the downloads, streams and/or previews. You may not play any downloads and/or streams and then re-digitize them. You may not create any “derivative works” by modifying any Content, except as permitted herein. You may not use the downloads, streams and/or previews in connection with any other third party content (e.g. to provide soundtrack to a film) unless you are granted such rights by the copyright owner. YOU MAY NOT UPLOAD DOWNLOADS OR STREAMS TO THE INTERNET. PEER-2-PEER FILE SHARING IS STRICTLY PROHIBITED. Any other type of file sharing on the network and the transmission of downloads, streams or previews to devices for this purpose is expressly prohibited and violates international copyright law.

 
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