userTerms of Use for the website BluPile.com

Subject matter

BluPile is a portal that unites artists and art enthusiasts. We provide creative people the opportunity to present their music to a wide audience and give interested Internet users the opportunity to profit from this and to discuss and evaluate the works in an objective framework.

1.) Access and registration

  1. BluPile is freely available to all Internet users. The user must first register to gain access to BluPile and the related functions (e.g., to leave comments, articles, messages from and to other users, subscriptions to categories or certain musicians, evaluations, surveys, etc.). To register and create a user account, the user needs to specify a user name and a password, an email address, surname and first name, as well as nationality.
  2. Registration is free of charge for users and enables them to create their own user profile. The user is obligated to provide truthful information, so that it is possible to contact the user. Comments, evaluations, articles, or other forms of expression that are visible to other users will only be marked with the user's user name. The real user data will not be published, unless the user uses such data as a user name or the user discloses such data within the scope of participating in BluPile. The user's comments are thus recognizable to other users as the user's opinion.
  3. Registered users may not allow third parties access to their profile and must treat all passwords and access information confidentially. In the event that a third party uses the profile of a users to commit an unlawful act, the user is to compensate the loss, inasmuch as the latter culpably enabled such use. Furthermore, the user is to transmit to BluPile the information necessary to assert claims for damages directly from the party causing such damage;
  4. BluPile is authorized to reject the registration of a user or to revoke it for the future. The user does not have a right to registration.

2.) User obligations

  1. BluPile users themselves bear the exclusive responsibility for the content that they publish, e.g., comments, images, music, or articles.
  2. In particular, users are prohibited from:
    1. the distribution of content that is defamatory or untrue, that violates press law, patent law, copyright law, trademark law, or the right to one's own image, and content that is pornographic or harmful to minors;
    2. identity deception (e.g., by imitating another person or legal entity);
    3. publishing content if the user is not legally authorized to do so and, in particular, confidential content;
    4. harassment and personal attacks on other users of BluPile, regardless of the type, and the use of hateful, abusive, or vulgar language or such characters, images, or symbols;
    5. disseminating defamatory messages;
    6. abusing the possibility of exchanging electronic information to send unsolicited messages or information to third parties for advertising purposes (spamming) or repeatedly placing individual content in BluPile (flooding);
    7. using the service to initiate or carry out commercial transactions;
    8. publishing content that contains malicious code (e.g., viruses, Trojan horses, cross-site scripts, etc.);
    9. attempting, themselves or by way of unauthorized third parties, to illicitly retrieve information or data or to intervene or have others intervene in programs and Internet services operated by BluPile, or to gain or have others gain unauthorized access to the data networks from BluPile (hacking);
    10. advertising for or providing information about activities that are unlawful, violent, or provoke violence;
    11. posting URIs (hyperlinks, e-mail links, etc.) that refer to websites that violate the forgoing Terms of Use;
    12. copying and/or disseminating content published on BluPile by third parties without prior authorization by the respective author, regardless or how and on what media this occurs.
  3. Every BluPile user undertakes to:
    1. check data and information for viruses before posting and to use current virus protection software;
    2. provide BluPile with information as quickly as possible in the event of disputes;
    3. to hold BluPile harmless from all third party claims that involve the violation of one of the aforementioned rules or the otherwise unlawful use of the service by the user or occur with the approval of the user. In the event that the user recognizes or should recognize that such a violation could occur, the customer is obligated to inform BluPile without delay!

3.) Moderation

Once BluPile becomes aware of content that violates these Terms of Use or applicable law, BluPile reserves the right to modify, move, lock, or delete the content at any time and without prior notice. A public discussion of such moderation on BluPile is not permitted.

4.) Search engines, publication

All of the articles published on BluPile can be indexed by search engines and thus read by third parties (even unregistered users).

5.) Copyright

  1. By publishing content on BluPile or by inserting video, sound, or image files, BluPile is therewith authorized to publish and disseminate such content on the Internet.
  2. The user guarantees to BluPile that the user holds the rights to publish and/or disseminate the content placed on BluPile (e.g., articles, comments, multimedia content such as music files, videos, images, graphics) within the sense of the German Copyright Act (i.e., the Urheberrechtsgesetz or UrhG).

6.) No operating warranty/liability

  1. BluPile provides the service free of charge. Users are not entitled to the continuous availability of the BluPile website or individual services. BluPile reserves the right of disconnection or limitation of content, and operational disturbances may occur at any time.
  2. BluPile is not liable without fault for the following:
    1. loss of data, regardless of the type or scope;
    2. consequences of malicious code (e.g., viruses, Trojan horses, cross-site scripts, etc.);
    3. force majeure.

7.) Applicable law, place of jurisdiction

  1. Only the law of the Federal Republic of Germany shall apply. Inasmuch as the user is a merchant under the German Commercial Code (Handelsgesetzbuch – HGB), a legal entity under public law, or a public special fund, the place of jurisdiction shall be where the operator of BluPile is headquartered.
  2. These are the general Terms of Use for the BluPile website. Special terms of use for individual services or functions, especially the specific terms for posting own musical works, have priority in their scope of application over these Terms of Use. The Terms of Use do, however, apply supplementary inasmuch as no specific provisions are contained in the special terms of use.