PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY RESTORM INC (“RESTORM”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT WWW.RESTORM.COM AND THE SERVICE OWNED AND OPERATED BY RESTORM.

BY USING THE SITE OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITE OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITE.

Preamble

1. restorm is based in Zürich / Switzerland (CH).

2. restorm is a music platform and works as neutral service provider. The aim is to build a network for musicians and artists to connect with other players of this industry, such as labels, venues, booking agencies etc. and consumers.

3. restorms approach is to start where creativity, music or any kind of art is being made, but also considers interests of all other participients of the music distribution chain.

4. Any different activities of this distribution chains and markets are respected and embedded into the platform, from the beginning point such as promotion, as far as active marketing, licensing and reuse of works all activities are supported by individually tailored tools.

5. All guests and users of restorm can find informations, contact interesting partners, make agreements, participate in contests or raffles and discover new music, artists, locations and much more.

6. The basic services are for free.

7. restorm reserves the right to require payment of fees for certain features of the service. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the site in connection with such features. restorm reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the site. Use of the service by you following such notification constitutes your acceptance of any new or increased charges.

8. As a registered user you accept the terms and conditions of restorm.

9. These terms and conditions rule the relationship between restorm as provider, registered users and thirdparties or partners of restorm.

General Terms

10. There is no general right to get access to the platform of restorm. The usage of restorm happens at one’s own risk. The user if fully reliable for any damage resulting in the use of the system.

11. As a condition of use, you promise not to use the service for any purpose that is prohibited by the terms of use. You are responsible for all of your activity in connection with the Service.

12. For purposes of the terms of use, the term “content” includes, without limitation, any user submissions, videos, audio clips, written wall comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by restorm or its partners on or through the service.

Privacy

13. Protection of your privacy protection is an important concern of restorm. restorm informs on privacy protection in the separata privacy policy.

14. The privacy regulation are available online at any time.

Registration

15. restorm can be used by anyone interested in the services restorm provides. Some services are restricted to registered users. Registration is free. restorm reserves the right to implement premium services.

16. restorm reserves the right to refuse registration of, or cancel any User ID and/or domain in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your restorm password. You shall never use another user’s account without such other user’s expressed permission. You will immediately notify restorm in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

17. For registration the user needs a valid e-mail adress. The username can be choosen individuall. Fictional names are allowed as well, but it is not allowed to use the name of someone else.

18. To avoid any missuse the user`s registraion process is not finished unless a confirmation sent by restorm E-Mail has been approved.

19. As soon as the registration process is finished the agreement between the user and restorm regarding the use of the plattform is concluded.

20. Further profil settings can be made by the user after the user`s registration on the platform. For several services some mandatory and possibly privacy-sensible fields need to be filled properly. The user can set the visibility of such mandatory and privacy-sensible fields in his user settings to be visible to anyone, approved followers or noone.

21. Any user can attache further profiles to her or his personal member profile, such as an artist profile, a venue profile etc. In this so called business profiles he can add other registered restorm users as members of said profiles.

22. There is no claim to get registered on restorm. restorm can reject a registration without any reasons.

23. Identification of users in the internet is not possible in any case. Therefore restorm does not guarantuee the validity of a given identification. Any user has to verify the identification of an other user by itself.

Delete an Account

24. An account on restorm can be deleted at any time without giving any reason. No deadlines have to be observed in deleting an account.

25. The account will be completely removed, as soon as the user has clicked the button „delete my account“ and confirmed deletion.

26. If an account is deleted any personal information will be removed of the databes permanently. Any data, contributions or contents of this user will be removed forever from restorm servers. restorm is not responsible for and can not remove any data stored from its site by third party servers such as search engines, blogs or any other website or server.

Restrictions & Safety

27. Users are not allowed to affect the operability of restorm by technical activities such as for example the execution of scripts, hacking, distribution of any malware etc.

28. It is not allowed to distribute any discriminating, offending, racist, pornographic, violent or other illegal data or statements on the restorm platform.

29. Users are not allowed to distribute any illegal advertisments, political statements, mass mailings, chainletters or illegal contests.

30. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any user submission, that:

- you know is false, misleading, untruthful or inaccurate

- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;

- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);

- involves commercial activities and/or sales without restorm’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of restorm or any third party.

31. We do our best to keep restorm safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

- You will not send or otherwise post unauthorized commercial communications (such as spam) on restorm;

- You will not collect users’ content or information, or otherwise access restorm, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;

- You will not engage in unlawful multi-level marketing, such as a pyramid schemes, on restorm.

- You will not upload viruses or other malicious code;

- You will not solicit login information or access an account belonging to someone else;

- You will not bully, intimidate, or harass any user.

32. restorm has no obligation to monitor the site, service, content, or user submissions. However, restorm reserves the right to remove, edit or modify any content in its sole discretion, including without limitation any user submissions and to remove or block any user submissions from the service.

33. restorm is not responsible or reliable for the integrity of the data or any informations embedded on or by third party websites.

34. It’s forbidden to collect data of other users without their explicit approval. The same rules are applicable for usage of email adresses for commercial usage or undesired advertisement.

35. restorm is not reliable for any failure, forbearance, time out and loss of data during operation. restorm is not reliable for technical failure and other problems of the systems such as servers, providers based on technical problems and traffic jams.

36. On restorm one will find offers and advertisment of third party products. These products are marked or identified with an advice “commercial“ or „presented by“. If there is any contractual activity resulting, the contract is exclusively concluded with the offering third party.

37. restorm has the right to make accessbile user data to such third parties, as long it is neccesary for the technical execution uf the concluded agreement whereby privacy will be strictly respected.

Third Party Site

38. The service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk.

39. These other websites are not under restorm’s control, and you acknowledge that restorm is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources.

40. The inclusion of any such link does not imply endorsement by restorm or any association with its operators. You further acknowledge and agree that restorm shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

Share Links

41. We give you permission to use restorms share link button so that users can post links or content from other websites on restorm.

42. You give restorm permission to use and allow others to use such links and content on restorm.

User Account Credentials

43. The password chosen during registration has to be handled confindential and is not allowed to be passed to third parties. Users are not allowed to make restorm accessible to any thrid party with foreign credentials. If the are any damages provoked through a foreign account, the owner of the account is fully reliable.

44. Users must inform restorm, if there is any indication of infringements of these terms. The user is fully reliable to backup the content or other contribution he uploads on restorm.

45. Has a user decided to delete his account, restorm gets the right to delete all his contencts without furter notification.

Uservotings

46. restorm maintains some tools which can be used to perform different kinds of contests. The user can decide if the contest shall be linked up with an user voting. In respect of fairness in this uservotings, restorm states some rules of forbidden behaviors.

47. Users are not allowed to spoof or manipulate uservotings in any way. Manipulation or spoofing is for example one person registering multiple profiles and voting for the same competitor with all accounts. Other definitions of manipulations include manipulating the votings with scripts, bots, malware etc. As there is no concluding definition of online voting manipulation, restorm reserves the right to regard any activity by one user favoring a voting competitor over any other competitor by disregarding the voting terms as manipulation.

48. restorm uses a variety of technological systems to detect, automatically discover and locate various forms of spoofing and manipulation. Manipulations may result in disqualification of the competitor the manipulated votes have been staked for or in deletion of the said vote. The user responsible for manipulating the voting can be hold fully reliable for any damage to restorm resulting from such behaviour.

Copyright

49. Users uploading copyrighted content such as music, pictures, text and videos explicitly confirm to be the legal copyright holder of this content. restorm can not control the content and is never reliable for illegally uploaded content.

50. The user is responsible to check if any rights of third parties could be infringed by the uploaded content itself, such as copyrights, trademarks or personality rights in pictures or videos. This rule is to be especially respected for coversongs, remixes, pictures of recognisable persons etc.

51. restorm offers free choice which copyright regime shall apply to any single work. If the artist decides that other users shall be allowed to reuse or remix their content, restorm provides the „some rights reserved“ system of Creative Commons (CC).

52. This licensing system (CC) offers the user the possibility to configure the conditions on how reuse shall be allowed. He can also define private reuse to be allowed, but any commercial use is not allowed without his explicit approval. He can also define whether his content can be altered or not and exclud any change of his works.

53. These licences are free, marked with simple icons and are globally binding. On restorm the user can choose such a license individually for any single work.

54. In return restorm automatically gets all rights to make the reuse of the uploaded content possible on restorm. The user keeps restorm free of any rights of third parties.

55. As soon as restorm is reusing the material for commercial purposes the user will be
reasonably participated on the income.

56. If any third party makes restorm responsible for any use of content, the user is reliable for any damage. It’s the users duty to immediately inform restorm and provide with all relevant informations in case third parties make restorm responsible.

57. The user must indemnify and hold restorm harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

58. Further compensation claims against the user keep untouched of the mentioned regulation.

59. restorm keeps the right, to remove such content or links without any preannouncement, insofar as concrete clues are given, that the publication of the content infringes legal codes or these terms.

60. Any use of the content in the aim of commercial use is not allowed, as long as the artist did not explicitely allow the usage.

61. All content made available on restorm must not be copied and made aviable wihout the consent of the artist.

62. The reuse of the source code of restorm is restricted as long as not explicitely allowed.

Procedure for Reporting Copyright Infringements

63. If you believe that material or content residing on or accessible through the restorm website or service infringes a copyright, please send a notice of copyright infringement containing the following information to legal@restorm.com:

- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

- Identification of works or materials being infringed;

- Identification of the material that is claimed to be infringing including information regarding the location (deeplink URL) of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that restorm is capable of finding and verifying its existence;

- Contact information about the notifier such as address, telephone number and e-mail address;

- A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and

- A statement made under penalty of prejury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

64. Once restorm gets a proper infringement notification restorm’s policy is to:

- to remove or disable access to the infringing material;

- to notify the content provider, member or user that it has removed or disabled access to the material; and

- that repeat offenders will have the infringing material removed from the system and that restorm will terminate such content provider’s, member’s or user’s access to the service.

65. Procedure to Supply a Counter-Notice to restorm

If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information listed below to legal@restorm.com:

- A physical or electronic signature of the content provider, member or user;

- Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;

- A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and

66. If a counter-notice is received, restorm may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at restorm’s discretion.

Warranty Disclaimer

67. You release restorm from all liability for you having acquired or not acquired content through the site. The site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate.
68. restorm makes no representations concerning any content contained in or accessed through the website, and restorm will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.

Indemnification

69. You shall defend, indemnify, and hold harmless restorm, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the website, service, content or otherwise from your user submissions, violation of the terms of use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity.

70. restorm reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with restorm in asserting any available defenses.

Infringement Penaltys

71. The strict observance ot these terms are important to hold restorm fully operative. Therefore restorm can impose sanctions if concrete evidence sugests that a user is infringing legal code, third party rights, offend aigainst good manners or these terms.

72. Furthermore restorm can block or even delete incriminating content without any preannouncement.

73. Chosing the sanction, restorm respects the interests of the user granting the right to be heard.

74. Following sanctions are at restorms disposal: Deleting of content, admonishment of the user, temporary or infinite blocking or cancelation of the users account.

75. User with cancelled accounts are not allowed to re-register on restorm anymore.

Limitation of Liability

76. IN NO EVENT SHALL RESTORM, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED SWISS FRANKS (CHF 100.00). SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Modification of Terms of Use

77. restorm reserves the right, at its sole discretion, to modify or replace any of the terms of use, or change, suspend, or discontinue the service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the site or by sending you an email. restorm may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

78. It is your responsibility to check the terms of use periodically for changes. Your continued use of the service following the posting of any changes to the terms of use constitutes acceptance of those changes.

Termination

79. restorm may terminate your access to all or any part of the service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership.

80. If you wish to terminate your account, you may do so by cancelling your account in the profile settings. Any fees paid hereunder are non-refundable. All provisions of the terms of use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Miscellaneous

81. restorm shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond restorm’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).

82. The invalidity, illegality or unenforceability of any provision of this terms shall not affect or impact the continuation in force of the remainder of this terms.

83. Should some the rules in these terms void in whole or in part, the effectivity of the rules remain unaffected. Instead of the written rule another regulation has to superseed as it would have been agreed by the parties.

International Use & Legal Forum

84. restorm makes no representation that the content is appropriate or available for use in locations outside of Switzerland, and accessing the service is prohibited from territories where such content is illegal. If you access the service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

85. You will resolve any claim, cause of action or dispute against restorm in court at the headquarter of restorm in Zürich / Switzerland. The laws of Switzerland will govern this statement, as well as any claim that might arise between you and restorm, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Switzerland for the purpose of litigating all such claims.

Effective Date: August 1st, 2010

restorm, Hardturmstrasse 253, 8005 Zürich/Switzerland