Terms of Use & General Terms and Conditions

This page contains the terms of use ('Terms') laid down by music-job.com for the Internet users interested in the services and contents of music-job.com (hereinafter referred to as 'Users'). With regard to the Users, music-job.com distinguishes between 'job seekers' (job seekers being Users who access the website and use the services of music-job.com to gain access to job offers or similar offers) and 'employers' (employers being legal persons who access the website and use the services of music-job.com to publish job offers or similar offers addressing job seekers).

The website shall make it easier for employers and job seekers to get into contact by providing a platform which includes a job fair by means of the website, Internet and/or other means of circulation or communication. It is in this sense that music-job.com wants to make it easier for job seekers to hand in applications and access job offers and similar offers, on the one hand, and enable employers to publish job offers or similar offers and deal with incoming applications, on the other hand.

These Terms constitute a binding agreement between the Users and music-job.com. By accessing the website or services of music-job.com, the Users accept the Terms. The website and services of music-job.com must not be used by the Users unless they accept the Terms set forth herein.

music-job.com is entitled to revise these Terms at any time by publishing an updated version on this website. Users should visit this page regularly and read the Terms as they are binding.

music-job.com is entitled to temporarily suspend or terminate the access of Users who do not comply with these Terms.

music-job.com is entitled to delete illegal or allegedly illegal contents from the website without prior notification.

In the event that the information and the services deriving therefrom must be interrupted, modified or temporarily suspended and that the Users and registered employers are affected directly due to this fact, music-job.com will notify the Users electronically or by post.

Employers who publish job offers or similar offers for Berlin via music-job.com take note and agree that music-job.com provides the corresponding job postings as data transfer for the display of the job postings on the website of Kulturprojekte Berlin GmbH at www.creative-city-berlin.de/jobs/ and that they are displayed on the website at www.creative-city-berlin.de/jobs/ in such a way that the visitors to said website are routed to the job posting of music-job.com by clicking the job description.

 

1. Terms of Access and Use

You must be 16 years or older to visit or use the website of music-job.com. If you are under 18 or of minor age according to your laws, you have to use the website of music-job.com under the supervision of a parent, legal guardian or any other responsible adult.

The use of the services offered on the website of music-job.com is not possible until after the required registration form has been completed and sent in. The User shall ensure the accuracy and timeliness of all information transmitted to music-job.com and be solely liable for any wrong or inaccurate information as well as for damages caused to music-job.com and/or any third party due to the given information.

The User registers with his/her e-mail address which also serves as user name. The password is personal and non-transferable and must not be given to any third party. The User must make sure that the password is kept confidential and safe, and must prevent its use through third parties. The User is solely responsible for the use of the password, and music-job.com is discharged from any liability in this regard. When the User knows or assumes that his/her password is used by any third party, he/she has to notify music-job.com of this fact immediately.

music-job.com authorizes the Users, in accordance with these Terms, to access and use the website of music-job.com and the contents of music-job.com as well as download and print the contents available at or through the website of music-job.com, solely for their personal, not commercial use. Contents such as designs, texts, graphics, pictures, videos, information, logos, buttons, software, audio files, and other contents of music-job.com (hereinafter collectively referred to as 'Contents of music-job.com') are protected by copyrights, trademarks and other laws. All contents are owned by music-job.com. The compilation (in the sense of collecting, sorting and arranging) of all contents on the web pages is solely owned by music-job.com and protected by copyrights, trademarks and other laws. The unauthorized use of the contents may violate laws and/or communication directives and statutes and is expressly prohibited. All authorized copies made of music-job.com contents by the Users must include all references to the copyrights, trademarks, service marks and other references to ownership which are contained in the original contents of music-job.com.

Any code generated by music-job.com to generate or present Contents of music-job.com, as well as the pages which make up the website of music-job.com are also protected by copyrights; the Users must not copy or change this code within the scope of the legal provisions.

The User warrants expressly to use the Contents and services of music-job.com correctly and not abuse them to

* a) distribute any content that is criminal, calling for violence, pornographic, racially or ethnically objectionable, libelous or glorifying terrorism, or generally content that is unlawful or contrary to public policy;

* b) plant computer viruses or perform actions which may modify, destroy, block electronic documents, data or hardware or software systems of music-job.com or any third party, or generate errors or do damage therein;

* c) perform actions which would impose an unreasonable or disproportionately large load upon the infrastructure of the website of music-job.com

* d) use data mining tools, robots or similar methods for the gathering and analysis of data from the website of music-job.com;

* e) endanger or attempt to endanger the security of the website of music-job.com. This also includes attempts to probe, scan or test the vulnerability of a system or network as well as attempts to breach security or authentication measures without express authorization;

* f) apply reverse engineering or decompilation techniques to the web pages of music-job.com;

* g) gain access to e-mail accounts of other Users or to protected areas in information systems of music-job.com and/or any third party and filter information;

* h) infringe the intellectual property rights or patent rights and destroy the confidentiality of information owned by music-job.com or any third party;

* i) unlawfully impersonate another User, the administrator and/or any third party;

* j) apply for a job on behalf of another person;

* k) pass on the contact data of an employer to an agent, agency or any third party;

* l) share login information of the music-job.com website with any third party;

* m) distribute illegal or unauthorized copies of copyrighted works, for example by providing or making pirate copies of computer programs or links thereto. In addition, it is prohibited to provide information or make them available as to how to circumvent producer-installed copy protection measures, to provide pirate copies of music or other media or links to bootlegged music or other media files;

* n) access data not intended for the respective User as well as log into a server or account for which the User has no authorization;

* o) publish at or submit to the website of music-job.com incomplete, false or inexact information which are not the User's own ones;

* p) collect data for advertising purposes and dispatch no matter what kind of advertising material and news for sales purposes or other commercial purposes without having asked music-job.com for its permission before and without having received its permission;

* q) use the services of music-job.com for unlawful purposes or illegal activities.

It is prohibited to publish or submit contents or job offers which are libelous, defamatory, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racially objectionable, discriminatory or of a threatening nature, or contain links to pornographic, inappropriate or daring material of any kind, or otherwise infringe the moral rights of individual persons.

The breach of system or network security may be prosecuted under civil and criminal law. music-job.com will look into incidents in which such a breach might have happened and can call in and cooperate with prosecuting authorities for the prosecution of Users who are involved in such a breach.

You must not use any of the Contents of music-job.com on another website or in a networked computer environment (particularly by downloading or republishing Contents of music-job.com on the Internet, intranet or extranet, or by including contents in another database or in a compilation). Unless otherwise provided herein, nothing contained in these Terms shall be interpreted as an assignment of intellectual property, neither as estoppel, tacitly or otherwise. This licence can be revoked at any time, even without giving reasons.

A job ad must not contain the following:

* a) misleading, illegible or 'hidden' keywords, repeated keywords or keywords which, in the reasonable judgement of music-job.com, are irrelevant to the position;

* b) inexact, false or misleading information.

You must not use music-job.com to:

* a) publish jobs in a way that is not in accordance with current local, national or international laws, especially with regard to work and employment, equality and requirements concerning qualifications, data protection, data access and data use as well as intellectual property;

* b) publish jobs that require the nationality of a certain country or legal permanent residence in a country as a condition of employment, unless it is necessary to comply with laws, provisions, statutory instruments, or agreements on a national, federal or local level;

* c) publish jobs which contain requirements or criteria that do not correspond to the actual and legal requirements of the published job;

* d) publish job ads of competitors or other advertising for competitors of music-job.com or other contents which contain links to other websites of competitors;

* e) publish jobs which call for the applicant to provide information concerning his/her (i) ethnic origin, (ii) political opinion, (iii) philosophical or religious beliefs, (iv) trade union membership, (v) physical or mental health, (vi) sexual orientation, (vii) pending charges or proceedings, or (viii) age, unless permitted by the law in force.

music-job.com is not responsible for employment decisions made by an employer who publishes jobs on the website of music-job.com.

Employers shall note and agree that, in the case of termination of an employer's account, the entire employer's account information will be deleted by music-job.com from the database of music-job.com. Due to delays in carrying out such deletions on the web servers of music-job.com, the information can still be available for a certain time.

music-job.com reserves the right to delete the account of a User and all relevant information if it has been inactive over a long period.

music-job.com reserves the right to remove all job advertisements or contents from the pages which do not satisfy the aforementioned conditions, or when content is published that is otherwise adverse to the interests of music-job.com.

If a User has given music-job.com false information sometime while using its services or has deceived music-job.com in any other way with regard to the kind of his/her business activities, music-job.com will be entitled to put a stop to the use of its services.

 

2. User Contents and Submitted Data

Any information, data, text, software, music, sound, photos, graphics, videos, advertisements, news, and other material submitted, published or presented by the User or via the website of music-job.com ('User Contents') are subject exclusively to the responsibility of the author of such User Contents. music-job.com will not lay claim to the ownership of User Contents or the control thereof. The User or a third-party licensee shall remain the owners of all patents, trademarks and copyrights of User Contents which he/she publishes or presents on or via the website of music-job.com. The User him-/herself shall be responsible for the appropriate protection of such rights. By submitting, publishing or presenting User Contents on or via music-job.com, the User grants music-job.com the worldwide, non-exclusive and free right to reproduce, adapt, spread and publish such User Contents or have such User Contents reproduced, adapted, spread and published by any third party. By submitting, publishing or presenting User Contents which shall be available to the general public, the User also grants music-job.com the worldwide, non-exclusive and free right to reproduce, adapt, spread and publish such User Contents, or have such User Contents reproduced, adapted, spread and published by any third party, for advertising purposes and for services via music-job.com. After the removal of such User Contents from the website of music-job.com, music-job.com will cease their use within an economically sensible period of time. music-job.com reserves the right to refuse, at its discretion, to accept, publish, present or transmit User Contents.

When a User publishes User Contents in a public area on the website of music-job.com, he/she also allows every other User to access, present, look at, save and reproduce such User Contents for personal use. According to the aforementioned, the owner of the User Contents which has been placed on the website of music-job.com keeps all rights. music-job.com can check and remove any User Contents which, in its judgement, infringe these Terms, violate current laws, rules and directives, are abusive, objectionable, offensive or illegal, or infringe the rights of other Users of music-job.com or threaten their safety. music-job.com reserves the right to exclude Users and put a stop to their future access to the website of music-job.com and/or to the services of music-job.com. music-job.com can, at its discretion, take all necessary measures if music-job.com is of the opinion that a User Content might lead to the liability of music-job.com, damage the trademark or public image of music-job.com, lead to the loss of Users or of services of its Internet service provider or other providers.

It is the responsibility of the User to continuously update all entered information so that his/her actual situation is shown correctly at any time. In any case, the User shall be solely responsible for false or incorrect information as well as for damages caused to music-job.com and/or any third party because of the information entered.

music-job.com cannot control all published contents down to the last detail and therefore cannot assume liability for such contents.

The entered and published information are checked regularly to ensure that the quality standards set by music-job.com will be met and the directives contained therein will be observed. Any User who enters unlawful content must be prepared to be held liable for the damages and infringements resulting therefrom.

 

3. Rates

The services offered to job seekers on the web site are free of charge.

The simple registration as employer is free of charge. The employer will only be charged for services stipulated by contract.

By publishing a vacant position, the employer accepts the Terms and the specified rate and binds him-/herself to pay the corresponding amount.

Registered employers who agree by contract on the services offered by music-job.com pay the amount charged to them within the specified period, with said amount being calculated on the basis of the rates as published at the time of conclusion of the contract. See Rates.

 

4. Procedure in the Case of Unlawful Use

If a User and/or third party thinks that there are actions or circumstances pointing to the unlawful use of contents and/or illegal activities on the website that are contained on or available via the website, he/she should send a message to info@music-job.com in which he/she identifies and specifies the alleged violations and explicitly explains on his/her own responsibility that the statement given in his/her message is correct.

music-job.com can remove all illegal or allegedly illegal contents from the website without prior notice.

 

5. Information about Copyright Claims or Trademark Infringement

If copyrighted works or trademarks have been uploaded, published or copied on the website of music-job.com and are available on the website of music-job.com in a way that constitutes an infringement of copyright or trademark, a message should be sent to info@music-job.com.

music-job.com respects the intellectual property of any third party and asks its Users to do so as well. The unauthorized publication, reproduction, copying, spreading, modification, public presentation or public performance of copyrighted works constitutes an infringement of the owner's copyright. As a condition for the use of the website of music-job.com, the Users agree not to use it for the infringement of the intellectual property rights of any third party. music-job.com reserves the right to terminate the accounts of all Users as well as block the access to the website of music-job.com for all Users who repeatedly infringe the copyright or other intellectual property rights of third parties. music-job.com reserves the right to carry out such measures at its discretion in order to limit the access to the site and/or terminate the account at any time, irrespective of whether it has been a repeated infringement or not. This shall happen with or without notice and without liability towards the User who will be given notice or whose access will be blocked.

 

6. Liability of music-job.com

The website of music-job.com serves employers, among others, to publish their job ads and job seekers to search for job offers. music-job.com does not monitor or censure entries. music-job.com is not involved in the actual transaction between employers and applicants. music-job.com does not take any responsibility for User Contents, quality, security or legality of the published jobs, for truthfulness or accuracy of the offers, the ability of employers to offer a job to a job seeker, or the ability of a job seeker to take over a vacant position. While music-job.com reserves the right to delete User Contents, job ads or other material from the website of music-job.com from time to time at its discretion, music-job.com is not obliged to do that, excluding, to the extent permitted by law, any liability for the non-performance of such action.

The Users are obliged to bear in mind the risks (up to acts of infringement) that may arise due to contacts with strangers, minors or persons who act under false pretences. They shall bear all risks arising in connection with the relations with other Users with whom they make contact through the website of music-job.com. Information from other persons can be offensive, hurtful or inaccurate. In many a case, they can be false or given with intent to defraud. music-job.com expects its Users to act carefully and sensibly while using the website of music-job.com.

As it is difficult to identify Users on the Internet, music-job.com does not guarantee that each User is the one he/she claims to be. As music-job.com is not involved or cannot participate in the exchange between the Users or does not control the behaviour of the Users on the website of music-job.com, the User – in the case of a dispute with one or several Users – releases music-job.com (and its agents and employees), to the extent permitted by law, from any claims and damages (actual or consequential damages, direct or indirect) of any kind and nature, known or unknown, from expected or unexpected damages, named or unnamed damages incurred by such a dispute or in connection therewith.

The website and the Contents of music-job.com can contain inaccuracies and typing errors. music-job.com does not take any responsibility for the accuracy, reliability, completeness or topicality of the website or its contents. The use of the website and Contents of music-job.com shall be at the risk of the User. The website of music-job.com will be modified regularly. music-job.com cannot guarantee or warrant specific results due to the use of the website of music-job.com. No advice or information, oral or written, received by a User from music-job.com or through or from the website of music-job.com, shall lead to a guarantee not expressly mentioned herein.

music-job.com advises its Users to keep a backup copy of all their User Contents. music-job.com excludes any liability, to the extent permitted by law, for the deletion, loss or unauthorized modification of any User Contents.

music-job.com shall not be liable for damages incurred to the User by the fact that the website of music-job.com cannot be accessed or the services cannot be rendered due to external causes, unforeseen events or force majeure for which music-job.com is not responsible.

music-job.com shall not be liable for damages incurred to the User due to improper use of the website or as a result of events caused by international operators, servers and third-party contractors who render supply services. In addition, music-job.com shall not be liable for damages caused by configurations not compatible with the website or by insufficient system requirements of the User's computer.

The User can send a message to info@music-job.com if he/she is of the opinion that something on the website of music-job.com infringes these Terms.

In the case of information about contents or materials which are suspected of not complying with these Terms, music-job.com can pursue such a suspicion at its discretion and decide or ask that such Contents be removed. music-job.com shall not be responsible or liable to Users for the realization or non-realization of such activities.

 

7. Exclusion of Warranty

music-job.com does not guarantee, to the extent permitted by law, that the website of music-job.com or services of music-job.com operate faultlessly, or that the website of music-job.com and its services are free of computer viruses or other harmful mechanisms. If the use of the website or the Contents by the User results in maintenance works, the replacement of equipment, data or other costs, music-job.com shall not be responsible for such costs. The website and the Contents are provided on an 'as is' basis, without any warranties of any kind. music-job.com excludes any warranties to the extent permitted by law. This comprises marketability, fitness for a particular purpose as well as non-impairment. music-job.com does not take any responsibility for the accuracy, reliability, completeness or topicality of the contents, services, software, texts, graphics and links of music-job.com.

 

8. Exclusion of Warranty for Consequential Damages

To the extent permitted by law, neither music-job.com nor its providers nor any other third-party supplier mentioned on the website of music-job.com can be hold liable in guarantee, contract, tort or otherwise for damages (including, without limitation, direct or consequential damages, damages for loss of profit, damages for loss of data, of business opportunities or for interruption of operations), resulting from the use of the website of music-job.com or from the impossibility of using the website of music-job.com and the Contents of the website, even if the possibility of such damages has been pointed out to music-job.com.

 

9. Limitation of Liability

To the extent permitted by law, the liability of music-job.com for damages arising out of or in connection with the use of the website of music-job.com or the use of Contents of music-job.com shall be limited to € 50, irrespective of the reason (by contract, non-compliance with the guarantee or otherwise).

 

10. Links to Other Pages

The website of music-job.com contains links to web pages of third parties. Such links are only provided for the comfort of the Users; it does not constitute the consent of music-job.com regarding the contents of the web pages of third parties. music-job.com shall not be responsible for the contents of linked pages of third parties and does not comment on the content or accuracy of the material contained on the web pages of third parties. If a User decides to access web pages of third parties, he/she shall do so at his/her own risk.

 

11. Damages

The User will indemnify, upon first request, music-job.com and its partners, their respective managers, employees and agents against all third-party claims, including the corresponding costs of bringing an action, which arise to them from (i) the User Contents or material provided by the User for the website of music-job.com, (ii) the use of the Contents of music-job.com by the User, or (iii) the violation of these Terms. music-job.com will notify the User immediately of any such claim, action or legal proceedings.

 

12. General

music-job.com does not guarantee that the Contents of music-job.com can be lawfully accessed and viewed outside Germany. The access to Contents of music-job.com may be illegal for certain persons or in certain countries. The access to the website of music-job.com shall be at the User's own risk. The User shall be responsible for the compliance with the laws within the competent jurisdiction.

These Terms are subject to the laws of the Federal Republic of Germany. Place of jurisdiction for all actions arising out of this agreement shall be Mainz. In the event a provision of these Terms is declared null and void by a competent court, the validity of the remaining provisions of these Terms shall not be affected. The waiver of one of these provisions shall not be deemed a continuing or lasting waiver of this or other provisions. In addition, the non-enforcement of any of the provisions of these Terms by music-job.com shall not be deemed a waiver of such a provision or otherwise influence the ability of music-job.com to enforce such a provision in the future. Unless expressly set forth in another agreement, in additional terms of use for certain areas of the website of music-job.com, including the privacy policy, a software licence or in materials on a particular page of the website of music-job.com, these Terms constitute the entire agreement with regard to the use of the website of music-job.com between the User and music-job.com. These Terms must not be modified, unless by a revised announcement on this page.

 

13. Duration and Termination

The Terms shall be valid so long as the User uses the website of music-job.com. In the case of a violation of these Terms or in case music-job.com cannot verify or authenticate information submitted by the User during his/her registration on the website of music-job.com, music-job.com reserves the right to exhaust, in its judgement, all legal possibilities, particularly to delete the User Contents concerning the User from the website of music-job.com as well as terminate the registration immediately, with or without any further option to access the website of music-job.com and/or other services rendered by music-job.com. Even in case the User no longer uses the website of music-job.com, certain provisions of these Terms shall remain effective; this includes sections 6-12.

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