These Terms of Use ("Terms of Use") apply to your access to the
Oszillation Records ('Oszillation Records', 'we', 'our' or 'us')
website located at www.oszillation.com (the 'Website'). Oszillation
Records reserves the right to change the Terms of Use from time to time
at it's sole discretion. Your use of this website will be subject to
the most current version of the Terms of Use posted on the website at
the time of such use. In addition, when using particular materials or
services on this website, you shall be subject to any posted guidelines
or rules applicable to such materials or services that may contain
terms and conditions in addition to those in the Terms of Use. All such
guidelines or rules are hereby incorporated by reference into the Terms
of Use. By accessing or using this Website, you acknowledge that you
have read, understand, and agree, without limitation or qualification,
to be bound by these Terms of Use.
A. Copyright and Limited License
Provided
that you comply with the Terms of Use herein, you have the right to use
this Website to view, access or obtain such materials and services as
Oszillation Records may make available from time to time. Oszillation
Records reserves the right to restrict, suspend or terminate your
access to all or part of this Website, at any time for any reason,
without prior notice or liability, and at Oszillation Records's sole
discretion, and you agree to destroy, upon request, any materials you
have downloaded, printed or otherwise received from or through this
Website. All contents on this Website and all copyrights, trademarks
and any other intellectual property rights related to these contents
are owned by Oszillation Records or the owner of such contents. Except
to the extent expressly permitted by applicable law, no contents on
this Website may be used, copied, modified, translated, distributed or
otherwise utilized without the prior permission of Oszillation Records
or the owner of the contents. You may not modify this Website itself,
create derivative works from it, or use software that imposes an
unreasonable burden or load on the technical infrastructure.
B. Disclaimers
The
contents on this Website are provided "AS IS", without warranties,
conditions or representations of any kind, either express or implied
(including, but not limited to, any implied warranty of
merchantability, fitness for a particular purpose, title, or
non-infringement of third parties' rights), except to the extent that
such warranties, conditions or representations are not legally
excludable. Oszillation Records does not warrant that the contents of
this Website are error-free. Oszillation Records will use reasonable
efforts to place accurate and up-to-date information on this Website,
but makes no warranty of its accuracy, completeness, and/or currency.
C. Links and Third Parties
Except
for this Website, Oszillation Records does not operate or maintain
contents on websites that are directly or indirectly linked from this
Website ("Linked Sites"). Any reference to a Linked Site or to the
product or service of a specific third party ('Third Party') on this
Website or on a Linked Site is not a recommendation by Oszillation
Records. Oszillation Records disclaims all liabilities resulting from
access to or use of Linked Sites or Third Parties.
D. Liability and Indemnification
To
the maximum extent permitted by applicable law, Oszillation Records
will not be liable, under any circumstances, for direct, indirect,
incidental, consequential, punitive, or other damages (including, but
not limited to, economic losses, lost profits, or lost revenues;
business interruptions; access delays or interruptions; data
non-delivery, misdelivery, corruption, modification or destruction;
computer failures or malfunctions; transmissions of computer viruses)
arising out of the access to or use of, or the inability to gain access
to or to use this Website, or the Linked Sites, regardless of the form
of action, whether in contract, tort (including negligence), or
otherwise, even if we have been advised of the possibility of such
damages.
You agree to defend, indemnify and hold Oszillation
Records harmless for any loss, damages or costs resulting from any
third party claim, demand or action arising from your access to or use
of this Website.
E. Transmitted Materials
Any
materials, information, or ideas that you transmit to or post to this
Website ("Transmitted Material") are deemed non-confidential and
non-proprietary and Oszillation Records assumes no liability or
obligations - including, without limitation, confidentiality
obligations - in connection with the Transmitted Material.
F. Linking to Website
Permission
is granted to link to this Website if you comply with the following
linking policy: your site must not slander or damage Oszillation
Records or contain inappropriate content; you may not portray us or our
products or services in a misleading or derogatory way; you may not
misrepresent your relationship with us; you may not create a frame
around Oszillation Records content or create any impression by any
other method that the content does not belong to Oszillation Records;
you must use our name correctly. This permission terminates
automatically if you breach any of these Terms of Use. Upon
termination, you must remove any link. Please place your link in the
following way: www.oszillation.com;
you may place links to other pages on this Website, but specific pages
or materials on this Website may have unique terms of use and you must
comply with those terms.
G. Compliance with Local Laws
You
agree that the laws of the Province of Bavaria, and the laws of Germany
applicable therein, without regard to conflicts of law provisions, will
apply to all matters arising out of or in connection with this Website.
You also agree to submit to the exclusive personal jurisdiction and
venue of the courts of the Province of Bavaria with respect to such
matters. This Website can be accessed from jurisdictions whose laws may
differ from those of the Province of Bavaria. You agree that if you
access this Website from another jurisdiction, you are responsible for
compliance with local laws. These Terms of Use constitute the complete
and exclusive agreement between you and Oszillation Records in relation
to your use of this Website, and supersede and govern all prior
proposals, agreements, or other communications. To the extent that any
provision of these Terms of Use conflicts with terms on any other
website owned or operated by Oszillation Records, these Terms of Use
prevail. If any provision of the Terms of Use is found to be unlawful,
void or unenforceable, then such provision is deemed severable and will
not affect the validity or enforceability of any of the remaining
provisions. Our failure to require your performance of any provision
hereof shall not affect the full right to require such performance at
any time thereafter, nor shall our waiver of a breach of any provision
hereof be taken or held to be a waiver of the provision itself.
Copyright 2009 Oszillation Records
All rights reserved.
In
order to provide access to certain options, offers or services on this
Website, we may ask companies to supply information that includes the
name, address, telephone and/or e-mail address of a contact individual
('Company Information'). To the extent that such Company Information
includes any information that is personally identifiable to an
individual and subject to protection under applicable private sector
privacy legislation, then your voluntary disclosure indicates your
implied consent to our collection, use and disclosure of such
information on the terms we may describe at the point the information
is collected. In the absence of such a description at the point of
collection, 'use' of the information shall be deemed to be for the
purposes of (1) internal business planning within Oszillation Records
and (2) communication with contact individuals for business purposes
either directly or through a general e-mail or newsletter. Where not
otherwise specified, 'disclosure' will be restricted to employees of
Oszillation Records, unless disclosure to a third party is necessary to
comply with any applicable law, regulation, legal process or compulsory
governmental request. If you do not wish to provide certain information
to us, you can still access most of this Website, but you may be unable
to access certain options, offers and services.
We
may track the Internet Protocol addresses of people who visit this
Website and analyze the data in aggregate form for trends and
statistics, which we may share or sell to affiliates, licensees or
partners, but the tracked data will never include Personal Data. We may
also send "cookies" to your computer to better serve you with more
tailored information when you return to this Website. Cookies are
identifiers that include unique characters, but unless you input your
Personal Data onto this Website you cannot be identified and will
remain anonymous. You can set most browsers to tell you when you are
sent a cookie and to refuse to receive it.
If
you have any questions regarding our privacy statement, or wish to
review, correct or remove your Personal Data in our possession, please
contact us at 
