Terms of use:

openpot Media OHG will be named as "openpot 2.0" or "we".
"Artists" are members of the openpot 2.0 website who have registered as artists and have the possibility to provide their music on our platform.
"Users" are members of the openpot 2.0 website who have registered as users without having the possibility to provide music.
"Visitors" are visitors of our site who don't have registered and haven't got an account on our platform.

(1)
openpot 2.0 is a free platform where musicians can provide their music for free download. For every download released by an user of the site, the artist gets paid by us. We finance the system by advertisements placed before a download starts.

Furthermore, openpot 2.0 enables its members (artists and users) to create individual profiles, texts, upload images and write messages to other members.

openpot 2.0 is domiciled in Germany. German law will apply.


(2)
These terms of use expose the binding conditions of using openpot 2.0. While using our page as an artist, user or visitor you declare to agree to our terms. We reserve the right to change these terms on occasion. The modifications will be valid by being published on our site.


(3)
Following content may not be uploaded to our site (your profile): Copyright protected material, nudity, pornography, gloryfication of violence, racism, discrimination of minorities or individuals, harassment, religious or political propaganda, any violation against applicable law, and advertising for products and services in text, picture or audio / video and/or audio-visual.
We reserve to initiate legal measures against persons who violate against our terms. We reserve to sue for damages. We reserve the right to refuse content in our sole discretion. It is generally impossible to raise a claim to be or become a member of openpot 2.0.


(4)
By registering you assure following matters:

(4.1 as an user)
(a) You are at least 14 years old. (b) All information you have given during your registration are truthful. (c) You don't violate against applicable law while using our page.

(4.2 as an artist)
(a) You are at least 18 years old. (b) All information you have given during your registration are truthful. (c) You don't violate against applicable law while using our page. (d) You are owner of all intellectual property rights of all content you will upload to our system.


(5) Runtime and termination
(a)These terms of use are valid for you during your whole membership. (b) Both parties may cancel this contract at any time without giving any reasons. Members can only cancel this contract by deleting their profile. A membership with openpot 2.0 without accepting these terms of use is impossible.


(6) Fees
Using openpot 2.0 as an artist or an user is always free! There are no costs or fees.


(7) Accountability
openpot 2.0 is not responsible for your account, the security of your (personal) data, passwords, the accessibility of your profile , any content of any sites linked from our site (or any profile included to our system), any damages that could occur while using our site and any violation against any law and/or our terms of use executed by a member of our site.
We don't guarantee that each uploaded content will be controlled. Provided content of members does not necessarily express the attitude of openpot 2.0.


(8) Licenses and intellectual property rights

(8.1)
We don't lay claim to any rights of content provided by a member of our site. With uploading your content to our system you give us the non-exclusive entitlement to present publicly, publish and provide as well as reproduce and copy your uploaded content. We always will provide your content for free. Your entitlement does not give us the right to sell your music or provide it on other platforms. As far as music-tracks are concerned, the entitlement has a minimum runtime of three month, unless you delete your whole account. In this case all entitlements are void. By default the entitlement is valid as long as you don't delete your content from our system.

(8.2)
You assure that you have the right to give us this entitlement, you don't violate against data protection rights, exploitation rights, intellectual property rights, contract laws or other laws and rights. In addition you assure that you pay or have paid all fees or other considerations that could result by uploading content to our system. You guarantee that you indemnify us from any pecuniary claim referring to any content you upload to our system.

(8.3)
Apart from your own content you may not copy, modify, translate, publish, transfer, distribute or sell any other content of openpot 2.0, regardless whether it is content of other members or content (logos, source-codes, images, text etc...) of openpot 2.0 itself.

(8.4)
openpot 2.0 reserves the right to use excerpts of uploaded music (max. 30sec. length) to publish them in terms of a preview (prelistening) inside our online-magazine (potpourri).


(9) Advertising prohibition
You are not allowed to sell/lease/rent/hire advertisement surface on your profile.


(10) Indemnification
You agree, that you will preserve and free openpot 2.0 and its partner and staff members from indemnification or any other receivables of third parties which result from your mistake. This is also effective if openpot 2.0 will be held responsible for publishing content that you have unlawfully uploaded to our system.


(11) Remuneration

(11.1)
openpot 2.0 pays its artists a certain (variable) amount of money for each valid download released by an (registered) user of openpot 2.0. A valid download is the first download by one user of one track. Every further download by the same user of the same track is not valid and will not be paid.

(11.2)
(a) openpot 2.0 does not guarantee to give this remuneration. The artist accepts that he or she can not raise a claim on it. The artist declares that he or she will give up any claim and will never fill a suit for any payment. The remuneration is a voluntary service of openpot 2.0.
As a general rule openpot 2.0 will give this payment, unless there is a just cause (like illiquidity) to do not.
(b) The artist needs a PayPal^® account to receive the money. Other methods of payment are not possible, unless openpot 2.0 decides to work together with another service provider.
(c) The payoff is every quater of a year. The artist must have collected more than 50,- Euros to receive a payoff. In case the artist did not reach that amount his/her actual balance will be transcribed to the next quater. (d) openpot 2.0 is not obliged to pay interest on the artist's balance.
(e) openpot 2.0 will not pay any taxes or duties for the artist. The artist is responsible for his tax load by himself.
(f) In case the artist deletes his profile (cancels his membership) or openpot 2.0 deletes his profile (cancels his membership) (nr. 3 / 4.2 of the contract is imperative) all payments will be terminated. openpot 2.0 reserves the right to reclaim given payments in case of violation against our terms by the artist. Possible claim for damages will remain unaffected hereof.


(12)
By using openpot 2.0 you declare your agreement to these terms of use. In case openpot 2.0 doesn't make use of a reserved right as declared in this contract, it does not mean a relinquishment of that right. In case any clause of this contract is or becomes effectless, the other clauses are not affected therefrom. The effectless clause will be replaced by an effective and content-like one.