Terms of use

1. General terms

1.1 Backstage PRO (hereinafter referred to as service or platform), is operated and legally represented by Leitmotiv Online Medien GmbH & Co KG based in Mannheim, Hafenstraße 86 (hereinafter referred to as operator).

1.2 Backstage PRO is a free web service. The operator reserves the right to make chargeable offers to the users at a later date.

1.3 By using the service, the user accepts these terms of use.

1.4 Changes to the terms of use announced at a later date by email to the user can be viewed online and supplement or replace the terms mentioned here if they overlap or contradict each other.

1.5 Backstage PRO provides the services described under 2. to members.

1.6 A legal claim on availability of the offered services and functions does not exist. The operator reserves the right to restrict, modify or discontinue the scope of the services and functions offered at any time and without giving reasons.

1.7 Unforeseeable system failures may result in temporary or permanent system failures and data loss. The operator is not liable for any damage or loss of data caused as a result.

2. Services and features

2.1 Backstage PRO provides the following services and features to its registered users (hereinafter also referred to as members). The terms and conditions for the use of these services are described in more detail under 4.

2.2 The creation of a personal profile with personal and professional information as well as photos and videos of the member himself. The personal profile is public by default and in any case accessible to other Backstage PRO members. It can be hidden for unregistered users and search engines.

The following information (if provided by the member) is available via the personal profile. Except name and location, all information is optional:

• First name and surname of the member (a clear name obligation does not exist, fantasy or artist names or abbreviations can also be used)
• Residence of the member
• Photos and profile picture(s) uploaded by member, uploaded or linked audiovisual media
• Texts posted by the member on his personal, musical and professional resume
• Information on instruments and musical skills (e.g. "guitarist")
• Details on bands in which the member is involved
• Information about musical equipment of the member
• List of contacts to other members on Backstage PRO ("friends list"), only visible for registered users

2.3 Within certain usage scenarios it is also possible to create a user account without a personal profile. In this case no profile page exists, the user only appears on the platform with his user name and an optional profile picture.

2.4 The creation of public profile pages for bands and other musical projects, companies/organisations as well as venues/clubs. Text information (general information, news, event dates) as well as digital media (photos, documents, music files) can be uploaded to the profile pages. The profile pages and the information and media stored there are generally visible to the public, including non-registered users and search engines.

2.5 Social media features such as a personal mailbox for exchanging private messages with other members, newsfeed subscriptions and a public comment feature.

2.6 Special applications such as the classifieds area/marketplace and the booking network, which allow members to establish contacts with other users and pursue common interests.

3. Registering as a member

3.1 In order to be able to use the services described under 2, the user must register as a member. The registration is free of charge and results in the opening of a member account which is protected by a password. The opening of a member account takes place with agreement to these terms of use.

3.2 By registering, a contract is concluded between the operator and the member for the use of the services offered on the platform (hereinafter referred to as the "User agreement"), see 4.

3.3 Registration is open to all natural and legal persons.

3.4 When registering, the member chooses an e-mail address and/or a mobile phone number, a password and a member name, e.g. consisting of first name and surname. The member name must not infringe the rights of third parties, in particular name or trademark rights, and must not offend common decency. The member must keep his password secret.

3.5 With the registration the member agrees to receive emails from the platform. The email notifications can be partially but not completely deactivated at a later time (important system messages are sent to every member until the termination of his member account).

4 User agreement

4.1This contract regulates the relationship between the member and the operator with regard to the type and scope of the non-exclusive transfer of rights to the content posted by the member as well as the conditions for the use of the platform by the member.

4.2 The member grants the operator all copyright and ancillary copyright to the contents (e.g. music files, images, texts, etc.) posted by the member for the duration of the membership, in particular the right of reproduction and distribution as well as the right of public accessibility and other rights to names, trademarks and designations, in unlimited, worldwide, non-exclusive and free from third-party rights.

4.3 The operator can transfer his rights and obligations from this agreement at any time in whole or in part to third parties - in particular cooperation partners - for the purpose of providing services within the meaning of the platform.

4.4 The member guarantees in his own name or in the name of the natural or legal person(s) represented by him on the platform for all texts, media and information posted

• that they are either free of rights of third parties (e.g. copyrights, patents, trademark rights) or the express permission of the respective rights holder for the intended use of the media provided by this contract (e.g. publication, duplication, making available to the public, reproduction etc.) has been granted.
• that they are free from illegal, inhuman, racist, discriminatory, offensive or otherwise immoral content.
• that they do not contain any technically questionable components (active code, viruses, executable programs) that could impair the operation of the platform or damage other users.

4.5 The member further guarantees in his own name or in the name of the artist(s) he/she represents on the platform (in the case of groups in the name of each individual group member) for all uploaded music files

• that the member himself is the originator of the work and performing the work alone, or has the written consent of all performers performing the work.
• that he has produced the work himself or has the written consent of the producer
• that he is the owner or authorized user of all rights to the work and any trademarks used, which he grants to the operator, and the work is free of third party rights (cover versions and remixes are not permitted)
• that information as to whether or not the author(s) (writer/composer) is a member of a rights collecting society (e.g. GEMA or GVL) is correct.
• that all information on membership in a rights collecting society is always up to date. In the event of a change of circumstances, the member must update the relevant artist profile page on the platform or delete the relevant content.

4.6 Behavior on the platform and netiquette

As a social network, Backstage PRO allows members to interact with each other, either directly (e.g. messaging) or in public discussion (e.g. posts, comments). When communicating with other users on Backstage PRO, the following content is considered undesirable. Content that violates these provisions will be removed and the user will be banned from the platform in the event of repeated violation. The provider reserves the right to take legal action in the event of violations of the law.

• Personal attacks, insults or slander
• Political propaganda, extremism, racism, discrimination
• Illegal, inhuman or immoral content
• Trolling, advertising and repeated posting of the same or similar non-topic contents/links (spam)

4.7 Liability

• The operator is in no case liable for damages resulting from the violation of guarantees by the member. The member indemnifies the operator from any damage in this respect. If, for example, false information regarding GEMA membership is available, any costs incurred will be charged to the member by the operator.
• Should the operator notice conscious or unconscious violations of the guarantees formulated in 4.4 and 4.5, a handling fee of EUR 100.00 is due in any case, regardless of any costs described here. In case of repetition, a warning will be issued by a lawyer.
• The operator is not liable for the loss of uploaded data and uploaded content. It is the member's responsibility to keep the originals of his works in a safe place.
• The operator is not liable for damages of the member caused by other members of the platform. In particular (but not exclusively) the operator is not liable for broken agreements, defamations, reputation damages and slander to which the member is exposed by other members on the platform.
• In addition, neither party shall be liable for breach of contract for force majeure.

4.8 Since the content posted by the member is offered free of charge to other members and non-registered users, the member or the artists represented by him will not receive any remuneration for this.

4.9 This contract is concluded for an indefinite period of time. The contract can be terminated unilaterally by the operator at any time if the member account remains inactive for a longer period of time, even after reminder by e-mail. In this case, the member's data on the platform will be blocked or deleted in whole or in part. A later renewed agreement to this contract is possible at any time.

4.10 If the member wishes to remove all or part of his content from the platform, he can do so at any time without prior notice. From this point on, the content can no longer be accessed via the platform. However, the operator is not responsible for removing the previously publicly accessible data from other systems (e.g. search engines, social networks).

4.11 The operator can remove or block the contents of the member from the platform at any time for an important reason or at his own discretion.

4.12 The operator reserves the right, even after termination of the user account, to continue to use and publish previously posted content, except personal or personal data.

5. Misc.

5.1 Should any provision of these terms of use be or become invalid, this shall not affect the validity of the remaining provisions of the agreement.

5.2 The terms of use are governed by and construed in accordance with the laws of the Federal Republic of Germany and all disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Mannheim, Germany, to the extent permissible.

6. Data protection and privacy

Our data protection regulations apply.