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General Terms and Conditions (GTC)

Last update: 11.09.2017

1. Subject Matter and Scope

These General Terms and Conditions (GTC) regulate the contractual relations between Neat-IT Solutions GmbH (hereinafter referred to as the “Provider”) and the users (hereinafter referred to as “Users”) of the Provider’s offers such as, in particular, the Xtream Editor (hereinafter referred to collectively as the “Offer”). The Provider renders its services on the basis of these GTC. Provisions and agreements deviating from these GTC shall only apply with the express and prior consent of the Provider.

The Provider can change these GTC at any time. The Provider shall inform the Users in an appropriate form about such changes, in particular by publishing the amended GTC.

The German version of these GTC is binding for the Users. Versions of these GTC in other languages are for informational purposes only. Users who do not understand the German language version undertake to have the German language version translated at their own expense.

2. Services of the Provider

The Provider renders its services for the time being according to the current state of affairs and can amend or discontinue its services at any time without giving reasons. The Provider can offer its services, in particular the Xtream Editor, free of charge or for a fee as well as in different versions. Services and prices are published by the Provider. Services for which payment has already been made shall remain unchanged for the relevant Users until the end of the agreed period.

The Xtream Editor is used to create and distribute playlists. The Xtream Editor includes, among other things, the ability for Users to back up their data. Users are solely responsible for backing up their data. The Provider periodically backs up the Users’ data, but cannot guarantee that secure and complete data is available in all cases.

The Provider can provide that Users need a credit to be able to use the services for which a fee is charged. Credits expire after 12 months and will not be refunded under any circumstances. The Provider can discontinue its services to Users who do not have a credit balance or do not use any services. The Provider may impose restrictions on credit balances. For its Offer, the Provider uses an open application programming interface (API) by Xtream Codes. The Offer can therefore only be used in conjunction with Providers who use the appropriate software and make the API available.

3. Obligations of the Users

Users undertake to treat their access data confidentially. Access data may not be passed on to third parties.

In connection with the Offer, Users undertake to comply with both the laws of Switzerland and any other applicable laws. In particular, Users undertake to use the Offer only for purposes that do not violate Swiss law or other laws or infringe the rights of third parties, in particular copyrights. The Users further undertake not to use the Offer for the unlawful consumption or the unlawful distribution of content.

The Provider makes its infrastructure and services available to the Users as a a hosting provider and therefore as an intermediary on the Internet. The Provider is not obliged to actively monitor content and usage by Users. Users are solely responsible for their data and the Provider declines any responsibility for Users’ data. However, Users acknowledge and agree that the Provider reviews Users’ content when it receives notification that such content is inadmissible, when requested to do so by an authority or a court, or when it could make itself legally responsible. The Provider is entitled to carry out spot checks independently of this. The Provider shall decide at its own discretion whether to report any offences to the presumed competent authorities.

Users who violate these GTC or whose use of the Offer leads to claims by third parties against the Provider shall indemnify the Provider from all such claims and undertake to indemnify the Provider against all claims and associated costs such as, in particular, legal costs and court costs. The Provider is entitled to take all legal and other steps at its own discretion. In particular, the Provider is entitled to block Users and IP addresses used at any time without giving reasons.

4. Warranty and liability

The Provider renders its services professionally and carefully. However, the Provider accepts no liability whatsoever for the Offer such as, in particular, for the absence of errors or the sustained, continuous and complete functionality and availability of its services. The Offer may be temporarily partially or completely unavailable, in particular for technical reasons.

Any liability on the part of the Provider in connection with the Offer is excluded. Any liability on the part of the Provider in connection with the Offer for consequential damages or indirect damages, for loss of profit and for auxiliary persons is excluded.

5. Confidentiality

The Offer can be accessed via connections with transport encryption (SSL/TLS), which encrypts the data between the Provider’s infrastructure and individual Users’ browsers. The Provider shall take the appropriate technical protection measures to protect the Users’ data.

The Provider treats all data confidentially and does not pass this on to third parties. Excluded from this are legal obligations to pass data on, the passing on of data in order to make the Offer possible, such as for example for order data processing by third parties and by means of the services of third parties, as well as the passing on of data to enforce its own legal claims.

6. Other provisions

These GTC are subject to Swiss law. Place of jurisdiction is Baden AG, Switzerland.

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