2. Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You must not:
a) republish material from this website (including republication on another website);
b) sell, rent or sub-license material from the website;
c) show any material from the website in public;
d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
e) edit or otherwise modify any material on the website; or
f) redistribute material from this website.
3. Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root-kit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
4. Restricted access
Access to certain areas of our website is restricted. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.
You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.
You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
You must not use any other person’s user ID and password to access our website, unless you have that person’s express permission to do so.
We may disable your user ID and password in our sole discretion without notice or explanation.
5. User generated content
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
Your user content (and its publication on our website) must not:
a) be libellous or maliciously false;
b) be obscene or indecent;
c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
d) infringe any right of confidence, right of privacy, or right under data protection legislation;
e) constitute negligent advice or contain any negligent statement;
f) constitute an incitement to commit a crime;
g) be in contempt of any court, or in breach of any court order;
h) be in breach of racial or religious hatred or discrimination legislation;
i) be blasphemous;
j) be in breach of official secrets legislation;
k) be in breach of any contractual obligation owed to any person;
l) depict violence
m) be pornographic or sexually explicit;
n) be untrue, false, inaccurate or misleading;
o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
p) constitute spam;
q) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
r) cause annoyance, inconvenience or needless anxiety to any person.
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
6. Limited warranties
You acknowledge that some of the information published on this website is submitted by users, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
7. Limitations and exclusions of liability
a) limit or exclude our or your liability for death or personal injury resulting from negligence;
b) limit or exclude our or your liability for fraud or fraudulent misrepresentation;
c) limit any of our or your liabilities in any way that is not permitted under applicable law; or
d) exclude any of our or your liabilities that may not be excluded under applicable law.
a) are subject to the preceding paragraph; and
To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.
a) send you one or more formal warnings;
b) temporarily suspend your access to the website;
c) permanently prohibit you from accessing the website;
d) block computers using your IP address from accessing the website;
e) contact your internet services provider and request that they block your access to the website;
f) bring court proceedings against you for breach of contract or otherwise;
g) suspend and/or delete your account with the website; and/or
h) delete and/or edit any or all of your user generated content.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
10. Third party websites and hyperlinks
Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
You may add hyperlinks directed at our website to your own website without our specific permission, providing that:
a) such hyperlinks; and
b) your website,
11. Trade marks
Creative-Melody and our logo are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).
16. Exclusion of third party rights
17. Entire agreement
18. Law and jurisdiction
19. Our details
Our full name is Creative-Melody, publisher: Roswitha Gerhart.
Our registered office is
Safferlingstr. 5 / 134
80634 München (Munich)
Our email address is firstname.lastname@example.org.
Our VAT number is DE259203663.