Terms of Service – fuse.space
Welcome to fuse.space, a service provided by fuse.space GmbH, Hamburg. (herein also referred to as “fuse.space” or “we”, “our”, or “us”).
fuse.space is a workspace for creative people. It protects intellectual property directly in the creation/collaboration process. Every file shared through fuse.space is cryptographically recorded, stored as a fingerprint (hash) in the blockchain and thus each contribution and ownership can be tracked and proven at any time.
These Terms of Service (the “Terms”) govern your use of fuse.space and related apps provided on our website (together, the “Website”), our mobile and desktop apps (our “Apps”) and all related players, data, software, APIs (which may also be subject to separate API Terms of Service) and other apps provided by fuse.space (the “Services” or „Platform“)
Acceptance of our Terms
Changes to Terms
We reserve the right to change, alter, replace or otherwise modify these Terms at any time; provided however, that we will use reasonable efforts to provide you with notice of any material changes (of which such notice may include any notice posted on the Platform). The date of last modification is stated at the end of these Terms. It is your responsibility to check this page from time to time for updates. By continuing to access or use any of the Website, Apps, and/or Services after these Terms have been revised, you agree to be bound by the revised Terms.
Description of the Platform
The Platform is a hosting and messaging service. Registered users of the Platform may submit, upload and share text, photos, pictures, videos, files, links, comments, and other content, data or information, and may perform, stream, broadcast, and record musical pieces (“Content”), which will be broadcast, stored, displayed and/or played by fuse.space at the direction of such registered users, and may be shared and distributed by such registered users, and other users of the Platform, using the tools and features provided as part of the Platform and accessible via the Website, Apps and elsewhere. The Platform also enables registered users to interact with one another and to contribute to discussions, and enables any user of the Website, Apps or certain Services (who may or may not be registered users of the Platform) to view, listen to and share Content uploaded and otherwise made available by registered users.
A typical workflow would be: Creator 1 opens a workspace, uploads an audio file and shares it with Creator 2. Creator 2 receives an invitation and joins the Space after registration. Creator 2 listens to the file, downloads it and comments on it in the Space. Creator 2 then uploads media files to the space as well and Creator 1 gets notifications of these activities.
All files uploaded and/or shared are cryptographically stored as fingerprints (hash) in the blockchain (not the file itself, nor can the file be recovered/reverse-engineered from the fingerprint). fuse.space provides a certificate of ownership for each file secured. Within the fuse.space “Wallet” this transaction can be tracked, and the ownership can be verified.
We may, from time to time, release new tools and resources on the Website, release new versions of our Apps, or introduce other Services and/or features for the Platform. Any new Services and features will be subject to these Terms as well as any additional terms of service that we may release for those specific Services or features.
fuse.space owns or has rights to the Platform and Materials (as defined below) and all intellectual property therein, but you may use the Platform in accordance with these Terms (including as described in the license set forth in the “Your Use of the Platform” section below). You may not copy, distribute, transmit, publish, sell, transfer, or create derivative works of the Platform. If you print any paper or digital copies of pages of the Website, you may only do so for your internal use and you are prohibited from removing any copyright or other proprietary notices on such pages.
The contents of the Platform include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other fuse.space content (collectively, “Materials”). All Materials and the compilation (meaning the collection, arrangement, and assembly) of all Materials are the property of fuse.space or its licensors and are protected under copyright, trademark, and other laws.
“fuse.space,” the fuse.space logo, and other fuse.space logos and product and service names are or may be trademarks of fuse.space (the “fuse.space Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use the fuse.space Marks in any manner.
Your fuse.space Account
You are obligated to register an account to use the service.
If your password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you must immediately notify fuse.space and you must change your password at the earliest possible opportunity.
We reserve the right to, with or without prior notice, suspend or terminate your account and your ability to use the Platform if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms, or an infringement or violation of the rights of fuse.space or any third party, or a violation of any applicable laws or regulations. We reserve the right to bring legal action against you for any loss or damage that we may suffer as a result of your violation of these Terms, your infringement of any fuse.space or third party rights, and your violation of any applicable law or regulation. We also may terminate or suspend use of the Platform for any person or entity for appropriate reasons.
You may terminate your account at any time as described below.
Your Use of the Platform
Subject to your strict compliance with these Terms, fuse.space grants you a limited, personal, non-exclusive, revocable, non-assignable, non-sublicensable right and license to use the Platform in order to exchange Content e.g. audio or audiovisual Content through the Platform, to listen to audio Content streamed from the Platform and to share and download Content using the features of the Platform where the appropriate functionality has been enabled by the user who uploaded, streamed or created the relevant Content (the “Uploader”).
In addition, if you register to use the Platform, and subject to your strict compliance with these Terms, fuse.space grants you a limited, personal, non-exclusive, revocable, non-assignable, non-sublicensable and non-transferable right and license to: (a) participate in sessions, make recordings, and submit, upload or share other Content to the Platform in accordance with these Terms and any other applicable terms shared on the Platform from time to time; (b) participate in the community areas and communicate with other members of the fuse.space community strictly in accordance with these Terms; and (c) use our Apps and other Services provided as part of the Platform.
The above licenses are conditional upon your strict compliance with these Terms, including, without limitation, the following:
- You must not copy, rip or capture, or attempt to copy, rip or capture, any audio Content from the Platform or any part of the Platform, other than by means provided herein.
- You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except (a) where such Content is your Content, or (b) as permitted under these Terms, and within the parameters set by the Uploader (for example, under the terms of Creative Commons licenses selected by the Uploader).
- You must not use any Content in any way that is designed to create a separate content service or that replicates any part of the Platform offering.
- You may not use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser when retrieving information from the Platform.
- You must not employ any techniques or make use of any apps, automated or otherwise, designed to misrepresent the popularity of your Content on the Platform, or to misrepresent your activity on the Platform, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, add followers to your account, play Content, follow or unfollow other users, send messages, share comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or apps to any other users of the Platform.
- You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any Content appearing on the Platform (other than your Content).
- You must not, and must not permit any third party to, copy or adapt the object code of the Platform, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than your Content.
- You must not use the Platform to perform, record, upload, share, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
- any Content that is offensive, abusive, defamatory, obscene, racist, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in fuse.space’s reasonable discretion;
- any information, Content or other material that violates, plagiarises, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, rights in trade secrets or confidential information or any other right;
- any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in fuse.space’s reasonable opinion;
- any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user’s use and enjoyment of the Platform; or
- any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
- You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
- You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
- You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any fuse.space employee.
- You must not use or attempt to use unauthorized another person’s account, password, or other information.
- You must not sell or transfer, or offer to sell or transfer, any fuse.space account to any third party without the prior written approval of fuse.space.
- You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
- You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by fuse.space or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of fuse.space’s servers, system or network or attempt to breach fuse.space’s data security or authentication procedures; attempt to interfere with the Platform by any means including, without limitation, hacking fuse.space’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of fuse.space under these Terms, fuse.space reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
- You acknowledge that standard data transport fees may apply when accessing the Platform via a mobile device.
- You agree to comply with the above conditions, and acknowledge and agree that fuse.space has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms.
Any and all Content that you perform, record, upload, store, transmit, submit, exchange or make available to or via the Platform or that you provide to fuse.space by any means, including via email (hereinafter “Your/your Content”) is generated, owned and controlled solely by you, and not by fuse.space.
fuse.space does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility. You shall be solely responsible for keeping a duplicate copy of all Your Content, and fuse.space accepts no responsibility or liability for the loss or deletion of Your Content.
Without prejudice to the conditions set forth herein you must not perform, record, upload, store, distribute, send, transmit, display, make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform) may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Platform.
By performing, recording, uploading, sharing, or otherwise transmitting Your Content to the Platform or otherwise providing any of Your Content to fuse.space, you initiate an automated system to process any such Content, including but not limited to audio, graphic, and textual Content, and direct fuse.space to store Your Content on our servers, from where you may control and authorize the use, reproduction, transmission, distribution, public display, public performance, making available and other communication to the public of Your Content on the Platform and elsewhere using the Services. To the extent it is necessary in order for fuse.space to provide you with any of the aforementioned hosting/messaging apps, to undertake any of the tasks set forth in these Terms and/or to enable your use of the Platform, you hereby grant to fuse.space a limited, worldwide, non-exclusive, sublicensable, transferable, royalty-free right to use, copy, reshare, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public, Your Content when operating the Platform.
By performing, recording, uploading, sharing, or otherwise transmitting Your Content to the Platform, you also grant a limited, worldwide, non-exclusive, royalty-free, fully paid up right to other users of the Platform, and to operators and users of any other websites, apps and/or platforms to which Your Content has been shared or embedded using the Services (“Linked Services”), to use, copy, reshare, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public, Your Content utilizing the features of the Platform from time to time, and within the parameters set by you using the Platform. You can limit and restrict the availability of certain of Your Content to other users of the Platform, and to users of Linked Services, at any time using the settings available in the account features of the Website and Apps, subject to the provisions below. Notwithstanding the foregoing, nothing in these Terms grants any rights to any other user of the Platform with respect to any proprietary name, logo, trademark or service mark uploaded by you as part of Your Content (for example, your profile picture) (“Marks”), other than the right to reproduce, publicly display, make available and otherwise communicate to the public those Marks, automatically and without alteration, as part of the act of reposting/resharing Content with which you have associated those Marks.
The rights granted in this section are granted separately with respect to each item of Your Content that you upload to the Platform. Rights with respect to audio Content, and any images or text within your account, will (subject to the following paragraph of these Terms) terminate automatically when you remove such Content from your account. Rights with respect to comments or other contributions that you make on the Platform will be perpetual and irrevocable, and will continue notwithstanding any termination of your account. However, notwithstanding the foregoing, you hereby acknowledge that any of Your Content that was created and stored on the Platform in conjunction with other users of the Platform, including but not limited to sessions and recordings, may be maintained on the Platform and stored on fuse.space’s servers until and unless all other users who participated in the creation of such Content also take action to remove such Content from their accounts. (For purposes of clarity, the reason for this is that otherwise one user could, for example, force the removal of a musical recording made with multiple other users when those other users do not want the recording removed.)
Notwithstanding the foregoing, you hereby acknowledge and agree that once Your Content is distributed to a Linked Service, fuse.space is not obligated to ensure the deletion of Your Content from any servers or systems operated by the operators of any Linked Service, or to require that any user of the Platform or any Linked Service deletes any item of Your Content. Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes by you except via the features of the Platform from time to time and within the parameters set by the Uploader on the Platform or with the express written consent of the Uploader. Where you repost/reshare another user’s Content, or include another user’s Content in a set, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.
Representations and Warranties
You hereby represent and warrant to fuse.space as follows:
- Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use, and (if and where relevant) to authorize fuse.space to use, Your Content pursuant to these Terms, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via the Website, Apps, any and all Services and any Linked Services.
- Your Content and the availability thereof on the Platform does not and will not infringe, misappropriate or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
- You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Platform and via any Linked Services.
- Your Content, including any comments that you may post on the Website, is not and will not be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.
- Your Content does not and will not create any liability on the part of fuse.space, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.
fuse.space reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person’s rights or violates any law, rule or regulation.
Liability for Content
You hereby acknowledge and agree that fuse.space (i) stores Content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the performance, recording, uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you perform, record, upload, shared or distribute to, on or through the Platform, and to the extent permissible by law, fuse.space excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.
You hereby acknowledge and agree that fuse.space cannot and does not review the Content created or uploaded by its users, and neither fuse.space nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Platform for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been performed, recorded, entered, or uploaded in breach of these Terms or applicable law.
fuse.space and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude and disclaim, to the fullest extent permitted by law, any and all liability which may arise from any Content performed, recorded, entered, or uploaded to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against fuse.space or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
If you discover any Content on the Platform that you believe infringes your copyright, please report this to us using the method described below:
Your notice should be sent to us by email to firstname.lastname@example.org
Please make sure that you include the following information
- a statement that you have identified Content on fuse.space that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
- a description of the copyright work(s) that you claim have been infringed;
- a description of the Content that you claim is infringing and the fuse.space Space and URL(s) where such Content can be located;
- your full name, address and telephone number, and a valid email address at which you can be reliably and promptly contacted;
- a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
- with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
- your electronic or physical signature (which may be a scanned copy).
If you receive a notification from fuse.space that material made available by you on or through the Platform has been the subject of a Notification of Claimed Infringement, then you will have the right to provide fuse.space with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to fuse.space, and include substantially the following information:
- 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; and
- 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 United States, for any judicial district in which fuse.space may be found, and that the subscriber will accept service of process from the person who provided notification above or an agent of such person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act. A Counter Notification should be mailed to fuse.space at the following address: fuse.space, Inc., Attn: Copyright Matters, 5813 Lookout Mountain Drive, Austin TX 78731.
Third Party Websites and Services
The Platform may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or apps, including without limitation, Linked Services (hereinafter “External Services”).
fuse.space does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, fuse.space does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality, security or authenticity of content, information or apps provided by such External Services.
You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services. fuse.space makes no representations or warranties about whether External Services are free of viruses or other forms of data corruption.
fuse.space disclaims any and all responsibility or liability for any harm or liability resulting from your use of External Services, and you hereby irrevocably waive any claim against fuse.space with respect to your use of any External Services.
Blocking and Removal of Content
Notwithstanding the fact that fuse.space has no legal obligation to monitor the Content on the Platform, fuse.space reserves the right to block, remove or delete any Content at any time, and to limit or restrict access to any Content, for any reason and without liability, including without limitation, if we have reason to believe that such Content does or might infringe the rights of any third party, has been uploaded or shared in breach of these Terms or applicable law, or is otherwise unacceptable to fuse.space.
Please also note that individual Uploaders have control over the audio Content that they store in their account from time to time, and may remove any or all audio Content or other Content without notice. You have no right of continued access to any particular item of Content and fuse.space shall have no liability in the event that you are unable to access an item of Content due to its removal from the Platform, whether by fuse.space or the relevant Uploader.
THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE APPS AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, THE APPS OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” WITH NO COMMITMENT TO ANY FUTURE FUNCTIONALITY OR FEATURES.
WHILE FUSE.SPACE USES COMMERCIALLY REASONABLE EFFORTS TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO OUR ATTENTION, FUSE.SPACE MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE APPS, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. FUSE.SPACE DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, AVAILABLE AT ALL TIMES, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FUSE.SPACE DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE PLATFORM WILL BE ACCURATE OR SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORIZED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, ERROR, OR INACCURACY OF THE PLATFORM SHALL BE TO REQUEST THAT FUSE.SPACE CORRECT THE MATTER OR, IF FUSE.SPACE FAILS TO DO SO, TO DISCONTINUE YOUR USE OF THE PLATFORM. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR DEVICE, OR FOR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
FUSE.SPACE AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.
We are not responsible for any disputes or disagreements between you and any third party you interact with using the Platform. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release fuse.space of all claims, demands, and damages in disputes among users of the Platform. You also agree not to involve us in such disputes. Please, in any case: Use caution and common sense when using the Platform.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY GERMAN LAW, IN NO EVENT WILL FUSE.SPACE OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PLATFORM, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF FUSE.SPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold fuse.space, and its officers, directors, employees, agents, representatives, licensors, successors, and assigns harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorneys’ and accounting fees, arising out of or in any way connected to (a) your access, use, or misuse of the Platform, or Materials, (b) your violation of these Terms, or (c) any infringement or misappropriation of any intellectual property right or other right of any person or entity by you or any other user of your user account. fuse.space will use reasonable efforts to notify you of any such claim, action or proceeding for which it seeks an indemnification from you upon becoming aware of it, but if fuse.space is unable to communicate with you in a timely manner because of an inactive e-mail address for you, your indemnification obligation will continue notwithstanding fuse.space’s inability to contact you in a timely manner.
Data Protection, Privacy and Cookies
Use of fuse.space Widgets
The Platform may include access to embeddable fuse.space apps (“Widgets”) for incorporation into users’ own sites, third party sites or social media profiles, whether or not a Linked Service. This functionality is provided to enable Uploaders to put their Content wherever they wish, and to enable other users of the Platform to share and distribute Content within the parameters set by the Uploader.
You may not, without the prior written consent of fuse.space, use the Widgets in such a way that you aggregate Content from the Platform into a separate destination that replicates substantially the offering of the Website, or comprises a content service of which Content from the Platform forms a material part. Similarly, you may not, without the prior written consent of fuse.space, use the Widgets to embed Content into any website or other destination dedicated to a particular artist (except where the relevant Content is Your Content and you are the person or are authorized to represent the person to whom the site or destination is dedicated), or to a particular genre. You may not use the Widgets in any way that suggests that fuse.space or any artist, audio creator or other third party endorses or supports your website, or your use of the Widgets. The foregoing shall apply whether such use is commercial or non-commercial.
fuse.space reserves the right to block your use of the Widgets at any time and for any reason in its sole discretion.
Changes to the Platform, Accounts and Pricing
fuse.space reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, fuse.space shall use commercially reasonable efforts to notify registered users of such decision in advance. In addition, you acknowledge that, while fuse.space has undertaken to provide accurate information via the Platform, it is not comprehensive, and fuse.space makes no commitment to update the information at any particular time, and the information on the Platform may be out of date. Information on the Platform may also be changed at any time without notice. As a result, the information may not be accurate, up to date or applicable to the circumstances of any particular case. Any decisions you make based on information contained in the Platform are solely your responsibility.
You hereby agree that fuse.space and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website, Apps and/or any Services that fuse.space may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Website, Apps, or Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.
fuse.space may change the features of any type of account, may withdraw or introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of its Premium Accounts from time to time. In the event of any increase in the price or material reduction in the features of any Premium Account to which you have subscribed, such change(s) will be communicated to you and will only take effect with respect to any subsequent renewal of your subscription. In all other cases, where fuse.space proposes to make changes to any type of account to which you subscribe (Premium Account or otherwise), and these changes are material and to your disadvantage, fuse.space will notify you of the proposed changes by sending a message to your fuse.space account and/or an email to the then current email address that we have for your account four (4) weeks in advance or such changes. You will have no obligation to continue using the Platform following any such notification, but if you do not terminate your account as described in the respective communication during such four (4) week period, your continued use of your account after the end of that four (4) week period will constitute your acceptance of the changes to your account.
These Terms are effective as to you and your use of the Platform until terminated by you or fuse.space. Your rights under these Terms will terminate automatically without notice from fuse.space if you fail to comply with any term(s) of these Terms (including by violating any license restriction provided herein). You may terminate these Terms (as to you only) by deleting your account and ceasing use of the Platform. Upon any such termination of these Terms, you must immediately cease all use of the Platform. You will not be able to use the Platform without re-registering. You may not re-register if you are prohibited from re-registering by these Terms.
If you have a Premium Account and terminate before the end of your subscription, or if your account is otherwise suspended or terminated by fuse.space, we are unable to offer any refund for any unexpired period of your subscription. If you have purchased Material licenses and terminate this these Terms pursuant to this section, or if your account is suspended or terminated by fuse.space, we will not offer any refund on your Material purchases.
Once your account has been terminated, Your Content residing in your account, or pertaining to activity from your account will be irretrievably deleted by fuse.space, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests (or if we are not required to delete such Content, as described herein, such as when other users beside you own rights in or have contributed to Your Content). You are advised to save or back up any material that you have uploaded to your account before terminating your account, as fuse.space assumes no liability for any material that is irretrievably deleted following any termination of your account.
Assignment to Third Parties
fuse.space may assign its rights and (where permissible by law) its obligations under these Terms, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of fuse.space. You may not assign these Terms or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of fuse.space.
Should one or more provisions of these Terms be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms, which will remain in full force and effect.
The laws of Germany, excluding its conflicts of law rules, govern these Terms and your use of the Platform. Your use of the Platform may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action shall be subject to the exclusive jurisdiction of the state and federal courts located in Hamburg, Germany.
Consent to Electronic Communications
The apps hereunder are offered by …