WEBSITE TERMS AND CONDITIONS

1. INTRODUCTION

1.1 In these terms and conditions, the terms “we”, “us” and “our” are a reference to Deep Blue Sound Ltd trading as dBs Music Berlin, the owner and operator of this website.

1.2 These terms and conditions apply to the use of this website. In using this website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you should refrain from using the website.

1.3 We may modify these terms and conditions from time to time and notice of revisions to these terms and conditions will be posted here. Continued use of the Service by you will constitute your acceptance of any changes or revisions to the terms and conditions.

1.4 Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

2. USE AND COPYRIGHT

2.1 Copyright in this website, which includes text, images, videos, animation and audio files is owned by us or our licensors (Content). You may retrieve and display content from this website on a computer screen, print individual pages on paper and store such pages in electronic form on disk for your own non-commercial, personal use. Other than for such purposes and you may not, without our written permission, in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
(b) commercialise any information, products or services obtained from any part of this website;

2.2 We reserve all rights not expressly granted in and to the website and Content.

2.3 You are responsible for your use of the website. and agree not to:   
(a) use any obscene, indecent or offensive language;   
(b) place on the website any material that is false, misleading, defamatory, abusive, harassing or hateful;
(c) place on the website any material that is encrypted, constitutes junk mail or unauthorised advertising, invades a person’s privacy, encourages conduct that would constitute a criminal offence or give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation;
(d) use the website for unlawful purposes and you acknowledge that such unlawful use may result in civil and criminal liability.

2.4 We do not warrant that we review all media content which includes text, images, videos, animation and audio files before it appears on the website. We operate a ‘notice and take-down’ policy which means if we notice or are made aware of any content that contravenes these terms and conditions, we reserve the right to remove the specified content. Any such complaint should be directed in writing to Deep Blue Sound Ltd, Plymouth, UK

3. dBs Music GRADUATE SUBMISSIONS

3.1 We permit the submission of videos or other communications submitted by dBs Music Berlin graduates (Graduate Submissions) and the hosting, sharing, and/or publishing of such Graduate Submissions. Graduate Submissions are made at your own risk and we do not guarantee confidentiality of any such material, even if unpublished on this website. You are solely responsible for your own Graduate Submissions and the consequences of posting or publishing them to this site. In connection with Graduate Submissions, you represent, and/or warrant:   
(a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use the Graduate Submissions to enable inclusion and use of the Graduate Submissions in the manner contemplated by the website and these terms and conditions; and
(b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Graduate Submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Graduate Submissions in the manner contemplated by the website and these these terms and conditions.

3.2 You retain all of your ownership rights in your Graduate Submissions. However, by submitting the Graduate Submissions to us, you grant to us a worldwide, non-exclusive, royalty-free, license (able to be sublicensed and transferred by us) to use, reproduce, distribute, display, and perform the Graduate Submissions only in connection with the website and our business. This usage is for ‘non commercial’ marketing purposes only and no monies can be exchanged with regard to these submissions. You also hereby grant each user of the website a non-exclusive license to access your Graduate Submissions through the website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Graduate Submissions as permitted through the functionality of the website and under these terms and conditions.

3.3 We do not warrant that we review every Graduate Submission before it appears on the website. We operate a ‘notice and take-down’ policy which means if we notice or are made aware of a Graduate Submission that contravenes these terms and conditions, we reserve the right to remove the Graduate Submission. Any such complaint should be directed in writing to Deep Blue Sound Ltd, Plymouth, UK.

3.4 We encourage you to contact us if you feel a Graduate Submission violates the below detailed rules.

3.5 In connection with Graduate Submissions, you agree that you will not:
(a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein;
(b) publish misleading or inaccurate material or misrepresentations that could damage us or any third party;
(c) submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate;
(d) post advertisements or solicitations of business;
(e) impersonate another person.
(f) We does not endorse any opinion, recommendation, or advice expressed in a Graduate Submission, and we expressly disclaim to the extent allowable in law to any and all liability in connection with Graduate Submissions.

4. DISCLAIMER

4.1 We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website or any linked website.

5. EXCEPTION TO DISCLAIMER

5.1 The disclaimers set out in these terms and conditions do not attempt or purport to exclude liability in relation to any term implied by law which cannot be lawfully excluded.

6. SPECIFIC WARNINGS

6.1 You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.

6.2 You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to risk of viruses or other form of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your accessing of this website or any linked website.

6.3 Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.

7. TRADEMARKS

7.1 This clause will become relevant as soon as dBs Music has received confirmation of it’s trademark registration. Except where otherwise specified any word or device to which is attached the TM or ™symbol is a registered trade mark.   
(a) If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
(b) in or as the whole or part of your own trade marks;
(c) in connection with activities, products or services which are not ours;
(d) in a manner which may be confusing, misleading or deceptive;
(e) in a manner that disparages us or our information, products or services (including this website).

8. RESTRICTED USE

8.1 Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. Without limiting the foregoing, you may not without our written permission on-sell or otherwise commercialise information obtained from this website.

9. LINKED SITES

9.1 This website may contain links to linked websites. Those links are provided for convenience only and may not remain current or be maintained.

9.2 We are not responsible for the content or privacy practices associated with linked websites.

9.3 Our links to linked websites should not be construed as any endorsement, approval, recommendation, or preference by us of the owners or operators of those linked websites, or for any information, graphics, materials, products or services referred to on those linked websites.

9.4 Unless stated otherwise on this website, we have:   
(a) no relationship with the owners or operators of linked websites; and
(b) no control over or rights in linked websites.

10. YOUR PRIVACY RIGHTS

10.1 The information that you provide about yourself to us will only be used by us in accordance with our Privacy Policy. The Privacy Policy does not apply to third party sites

10.2 In accordance with our Privacy Policy, we would only use or disclose personal information that you have provided to us or which we have obtained about you if:
(a) you have authorised us to do so;   
(b) we have given you notification of the intended use or disclosure and you have not objected to that use or disclosure;
(c) we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or any agency responsible for national security in the performance of their functions; or
(d) we are authorised, required or permitted by law to disclose the information.

11. HOW WE HANDLE EMAILS

11.1 We will preserve the content of any email you send us if we believe we have the legal requirement to do so. Your email message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of email abuse is suspected.

12. SECURITY OF INFORMATION

12.1 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

13. GOVERNING LAW

13.1 This Agreement is subject to the laws of England, Ireland, Scotland and Wales and you agree to submit to the exclusive jurisdiction of its Courts. For our exclusive benefit, we shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence.