Terms and Conditions

1 Acceptance of our Terms
BerlinCalling provides a gallery and community for creators of mobile sounds and visuals (referred to as "the Service") subject to the Terms of Use ("Terms"), which may be updated by BerlinCalling at any time. BerlinCalling will provide notice of significant changes to the Term by posting this notice on the BerlinCalling website. By using the website in any way, you agree to comply with these Terms. Additionally, when using particular BerlinCalling services, you agree to conform to any applicable posted guidelines for all BerlinCalling services, which may change periodically. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with BerlinCalling in any way, your only choice is to immediately discontinue use of BerlinCalling.

2 Content
You understand that all listings, messages, comments, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you upload, email or otherwise make available via the Service. You hereby agree that BerlinCalling may publish your material and name free of charge and show it via streaming on their website or third party websites for promotional and acquisition purposes only, worldwide and with no time limitation, whereby BerlinCalling is not obliged to do so and whereby BerlinCalling may at any time terminate the use of the material. If you wish your material to be removed from BerlinCalling's websites or partner websites, BerlinCalling will do so within 30 work days upon receiving an appropriate, written request. In the event that BerlinCalling wishes to market your material, we will send you a licensing agreement wherein the artists' total revenue share shall be 50% .

3 Notification of Claims of Infringement
If you believe that your work has been copied in a way that infringes copyright, or your intellectual property rights have been otherwise violated, please notify a BerlinCalling agent for notice of claims of copyright or other intellectual property infringement ("Agent"), via the customer care links on BerlinCalling.

4 Conduct
You agree not to post, email, or otherwise make available Content:

  • that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way.
  • that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
  • that impersonates any person or entity, including, but not limited to, a BerlinCalling employee, or falsely states or otherwise misrepresents your affiliation with a person or entity.
  • that includes personal or identifying information about another person without that person's explicit consent.
  • that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch".
  • that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
  • that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement.
  • that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the BerlinCalling sites which are not designated for such purposes; or (2) emailed to BerlinCalling users who have requested not to be contacted about other services, products or commercial interests.
  • that includes links to commercial services or web sites, except as allowed in "services".
  • that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law.
  • that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service, or
  • that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:
  • contact anyone who has asked not to be contacted.
  • "stalk" or otherwise harass anyone.
  • collect personal data about other users for commercial or unlawful purposes.
  • use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - exception is made for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file.
  • post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content, or otherwise impose an unreasonable or disproportionately large load on our infrastructure, or
  • attempt to gain unauthorized access to BerlinCalling's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the BerlinCalling website.


5 No Spam Policy
You understand and agree that sending unsolicited email advertisements to BerlinCalling email addresses or through BerlinCalling computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in Germany. Any unauthorized use of BerlinCalling computer systems is a violation of these Terms. Such violations may subject the sender and his or her agents to civil and criminal penalties.

6 Limitations on service
You acknowledge that BerlinCalling may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that BerlinCalling has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that BerlinCalling reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that BerlinCalling shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

7 Termination of service
You agree that BerlinCalling, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if BerlinCalling believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that BerlinCalling shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 9-13 shall survive termination of these Terms.

8 Dealings with organizations and individuals
Your interactions with organizations and/or individuals found on or through the Service and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that BerlinCalling shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that BerlinCalling is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release BerlinCalling, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

9 Proprietary rights
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Sites or the collective work is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy Content from the Service, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. BERLINCALLING is a registered mark in the German Patent and Trademark Office.

10 Disclaimer of Warranties
YOU AGREE THAT USE OF THE BERLINCALLING SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE BERLINCALLING SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, BERLINCALLING DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE BERLINCALLING SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, BERLINCALLING DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BERLINCALLING SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE BERLINCALLING SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, BERLINCALLING DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE BERLINCALLING SITE OR THE SERVICE.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

11 Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL BERLINCALLING BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF BERLINCALLING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE BERLINCALLING SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE BERLINCALLING SITE OR THE SERVICE, FROM INABILITY TO USE THE BERLINCALLING SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE BERLINCALLING SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BERLINCALLING SITE OR THE SERVICE OR ANY LINKS ON THE BERLINCALLING SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BERLINCALLING SITE OR THE SERVICE OR ANY LINKS ON THE BERLINCALLING SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

12 Indemnity
You agree to indemnify and hold BerlinCalling, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

13 General information
The Terms govern your use of the Service. The Terms and the relationship between you and BerlinCalling shall be governed by the laws of the Germany without regard to its conflict of law provisions. You and BerlinCalling agree to submit to the personal and exclusive jurisdiction of the courts located in Berlin, Germany. The failure of BerlinCalling to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

14 Violations of Terms and Liquidated Damages
Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing BerlinCalling. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.