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Welcome to KROMMATIK, a service provided by KROMMATIK, LLC (“KROMMATIK”, “us”, “we”, “our”)
Description of the Platform
KROMMATIK is a hosting service Platform. Members of the KROMMATIK Community may submit, upload, listen and post audio content. Members may also post text, images, event information, links and other content, data or information (“Content”), that will be stored by KROMMATIK and may be shared depending on the will of the members of the platform by using the tools that are made available for them.
Your KROMMATIK Account
You are not required to create a KROMMATIK account in order to access the Website. However, some features are only accessible when using an account.
You are responsible for the confidentiality of your username, email address and password. You are also solely responsible for all use of your username and password, as well as all activity linked to your account.
If your username and password have been stolen or lost, you should notify KROMMATIK in writing and should change your password as soon as possible.
We reserve the right to disapprove, cancel or remove certain usernames, events or links in appropriate circumstances, as determined by us in our sole discretion, and may lead to the termination of your account if activities occur not to be in compliance or constitute a violation of the Spirit and Guidelines of the KROMMATIK Community, or of any applicable law, or an infringement or violation of the rights of any third party.
Your Use of the Platform
- Submit, upload or post Content to the Platform
- Participate in the Community and communicate with other members of the KROMMATIK Community
- 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.
- 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 that is not yours or without the consent of the owner of this Content.
- You must not use any Content (other than your Content) in any way that is designed to create a separate content service or that replicates any part of the Platform offering
- You must not alter, remove or attempt to remove any trademark / service mark, copyright, or legal notices contained in, or appearing on the Website
- You must not use the KORMMATIK platform to convey in any way (uploading, posting, storing, copying, distributing, promoting or making available in any way) the following elements to the public
- Any Content that is offensive, abusive, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism or illegal acts, incites hatred on grounds of race, gender, religion, sexual orientation or is otherwise objectionable in KROMMATIK’s reasonable discretion
- Any Content that violates, plagiaries or infringes the rights of third party, including without limitation copyright, trademark / service mark rights, rights of privacy or publicity, confidential information or any other right, or
- Any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise illegal or unlawful in KROMMATIK’s reasonable opinion;
- Any viruses corrupted data or other harmful, disruptive or destructive files that may overburden, impair or disrupt the Platform or its servers or which might disrupt or inhibit any other user from enjoying use of the Platform
- 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 offence, give rise to civil liability or otherwise violate and law or regulation
- You must not deliberately impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity
- You must not threaten, stalk, exploit, abuse or harass any other user or employee of KROMMATIK
- You must not use or attempt to use another user’s account unless you have their explicit consent enabling you to do so
Any and all audio, text, photos, pictures, graphics, comments, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Platform (hereinafter "Your Content") is generated, owned and controlled solely by you, and not by KROMMATIK.
KROMMATIK does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.
Grant of License
When you upload or post any Content, you direct KROMMATIK to store it on our servers. You authorize other users to use, transmit, share, display and may choose other users to Jam on your audio Content at your own discretion. Knowing this information, you grant these licenses to KROMMATIK on a limited, worldwide, non-exclusive, royalty-free basis use on the Platform. You can limit and restrict the availability of your Content to other users of the Platform.
Removal of audio Content from your account will automatically result in the deletion of the relevant files from KROMMATIK’s systems and servers. However, notwithstanding the foregoing, you hereby acknowledge and agree that once Your Content is distributed to a Linked Service, KROMMATIK 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 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 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 KROMMATIK as follows:
- Your Content and the availability thereof on the Platform does not and will not infringe 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, 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 KROMMATIK and its employees, agents, directors, officers and/or shareholders.
KROMMATIK 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 KROMMATIK:
- Stores Content and other information at the direction, request and with the authorization of its users,
- Acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and
- 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 upload, post or distribute to, on or through the Platform, and to the extent permissible by law, KROMMATIK excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.
KROMMATIK and its employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content 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 KROMMATIK or any of its 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 by clicking on the “report copyright infringement” button or by contacting firstname.lastname@example.org.
If you would prefer to send us your own written notification, please make sure that you include the following information:
- a statement that you have identified Content on KROMMATIK 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 KROMMATIK URL(s) where such Content can be located;
- your full name, address and telephone number, a valid email address on which you can be contacted, and your KROMMATIK user name if you have one;
- 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;
If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behavior is inappropriate and violates the Spirit and Guidelines of the KROMMATIK Community, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Platform terminated forthwith.
We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by KROMMATIK at its discretion.
Blocking and Removal of Content
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 KROMMATIK 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 KROMMATIK or the relevant Uploader.
THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.
WHILST KROMMATIK USES REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO KROMMATIK’S ATTENTION, KROMMATIK MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. KROMMATIK DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, 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. KROMMATIK DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE PLATFORM WILL BE SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORISED 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.
KROMMATIK AND ITS 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.
Limitation of Liability
KROMMATIK AND ITS EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:
- 1. ANY LOSS OR DAMAGE ARISING FROM:
(A) YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE PLATFORM;
(B) ANY CHANGES THAT KROMMATIK MAY MAKE TO THE PLATFORM OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE PLATFORM OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;
(C) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE PLATFORM, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY KROMMATIK OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE PLATFORM;
(D) ANY ERRORS OR OMISSIONS IN THE PLATFORM’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT;
(E) YOUR FAILURE TO PROVIDE KROMMATIK WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME OR PASSWORD SUITABLY CONFIDENTIAL;
- 2. ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM MUST BE NOTIFIED TO KROMMATIK AS SOON AS POSSIBLE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND KROMMATIK AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND KROMMATIK, AND THAT KROMMATIK’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You hereby agree to indemnify, defend and hold harmless KROMMATIK, its agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
- Any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of KROMMATIK.
“What’s in Town” Events
KROMMATIK has an active community of users, many of which organize and attend face-to-face meetings at venues all over the world (“What’s in Town Events”). While KROMMATIK is generally supportive of “What’s in Town” Events and may provide branded promotional materials to help organizers promote their “What’s in Town” Events, KROMMATIK does not sponsor, oversee or in any way control the “What’s in Town” Events. You hereby acknowledge and agree that your attendance and participation in any “What’s in Town” Event is entirely at your own risk and KROMMATIK does not bear any responsibility or liability for the actions of any KROMMATIK users or any third parties who organize, attend or are otherwise involved in any “What’s in Town” Event.
You may terminate this Agreement at any time by sending notice by email to KROMMATIK at email@example.com confirming such termination, by removing all of Your Content from your account, by deleting your account and thereafter by ceasing to use the Platform.
KROMMATIK may suspend your access to the Platform and/or terminate this Agreement at any time if
- You are deemed to be a Repeat Infringer as described above;
- KROMMATIK elects at its discretion to cease providing access to the Platform in the jurisdiction where you reside or from where you are attempting to access the Platform, or
Once your account has been terminated, any and all Content residing in your account, or pertaining to activity from your account, will be irretrievably deleted by KROMMATIK, 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. You are advised to save or back up any material that you have uploaded to your account before terminating your account, as KROMMATIK assumes no liability for any material that is irretrievably deleted following any termination of your account. KROMMATIK is not able to provide you with any data relating to activity associated with your account, whether before or after termination or cancellation. This data is provided and is accessible only for viewing via your account page on the Website for as long as your account is active.
Applicable Law and Jurisdiction
Any dispute relating in any way to your use of the Website or the KROMMATIK Content shall be submitted to confidential arbitration in Delaware, except that, to the extent you have in any manner violated or threatened to violate KROMMATIK’s intellectual property rights, KROMMATIK may seek injunctive or other appropriate relief in any state or federal court in the State of Delaware, and you consent to exclusive jurisdiction and venue in such courts.
The services hereunder are offered by KROMMATIK, LLC, a company incorporated under the laws of the State of Delaware. You may contact us by emailing us at firstname.lastname@example.org.