Conditions of use for mx3.ch online services

General information

¹ The operation of the mx3.ch music platform was transferred to mxlab ag as of February 2009. mxlab ag is owned by TELVETIA S.A. (a subsidiary of SRG SSR idée suisse), which holds 51%, as well as the Swiss performing rights association SUISA and the Swiss performers' association, Schweizer Interpretengesellschaft SIG, which each holds 24.5%.

² The music made available on the mx3.ch music platform originates from artists who are either Swiss citizens or resident in Switzerland.

§1 Applicability

These Conditions of Use govern the use of all mx3.ch online services provided by mxlab ag. The Conditions of Use apply to users ("Users") of both openly accessible and registration-only online services from mx3.ch.

§ 2 Liability and indemnity

¹ mxlab ag bears no liability for the content published by the User on mx3.ch. This applies in particular to music tracks, pictures, videos and lyrics. mxlab ag accepts no liability for the content and proper functioning of third-party websites to which mx3.ch is connected via links or tools.

² mxlab ag is not liable for the server and content being available at all times, neither is it liable for the uninterrupted functioning of mx3.ch online services. mxlab ag accepts no liability for the proper functioning and compatibility of the User's hardware. The User is themselves responsible for the hardware they use. mxlab ag does not offer any form of technical support in connection with the use of mx3.ch online services.

³ The data stored by the User in their account is backed up regularly by mxlab ag. Should data nonetheless be lost, mxlab ag will make every effort to restore the status that existed prior to the data loss. No obligation exists in this regard, however. mxlab ag accepts no liability for the loss of data and/or for other losses incurred by the User in connection with the use of mx3.ch online services.

⁴ The User is obliged to indemnify mxlab ag against any and all liability and all obligations, expenses and claims that arise as a result of losses (including third-party and consequential losses) incurred by mx3.ch owing to the content published by the User on mx3.ch. This applies in particular to cases of defamatory remarks, slander, and violations of personal and intellectual property rights or other rights. The User bears the attendant costs of appropriate legal defence and prosecution of third parties.

§ 3 Registration and treatment of personal data

¹ In registering for the mx3.ch online services, the User chooses their own user name and password. They are obliged to keep this login data secret and not make it available to third parties. The User is responsible for all actions undertaken using their login data.

² The User undertakes that the personal data they enter are complete and true. Incomplete registration and untrue information will result in the User being rejected. The User is obliged to keep their personal data up to date. Any changes to address details (moving home, new e-mail, etc.) must be made immediately. mxlab ag reserves the right to delete incorrect information. Such deletion does not place mxlab ag under any obligation whatsoever to pay damages.

³ The User declares their consent to their data being registered and stored electronically at mxlab ag. No data will be passed on to third parties without the consent of the User. The User nonetheless acknowledges and agrees that publicly visible data are made available to third parties and their websites. The User also accepts the risk that data transmitted via the internet may be read without authorisation by third parties. The User who makes music available via the mx3.ch music platform further acknowledges and agrees that their personal data may be made available to radio broadcasters who are clients of mxlab ag.

⁴ Should mxlab ag find that mx3.ch online services are being used in a manner that contravenes user obligations, mxlab ag may disclose the data of the User who is suspected of abuse to the competent authority, and may also inform the police and/or any other competent authority about the incident.

§ 4 Responsibility of the User

¹ The User is responsible for the content that they themselves publish on mx3.ch. mxlab ag does not check the content made available via mx3.ch online services.

² The User undertakes specifically not to publish any content which contravenes applicable Swiss legislation and/or infringes third-party rights. The User is liable to pay damages (including consequential and third-party loss) should they fail to comply with this obligation,

³ Furthermore, the User must refrain in particular from offering, or providing links to, the following content:

•Content which is regarded generally and, in the final instance as decided by mxlab ag, as obscene, insulting, defamatory, objectionable, pornographic, offensive, racist, xenophobic or otherwise reprehensible;

•Content which might harm the image of mxlab ag or mx3.ch;

•Content which constitutes advertising for third-party companies, or content advertising sexual services, text message or MMS services, personal loans, medicines, alcohol or tobacco;

•Content which might harm others, such as viruses, trojans, spyware, phishing mails or instructions on how to produce such content.

⁴ mxlab ag is authorised at any time to block the User's account, as well as all content published by them on mx3.ch, or to delete content published by them, without stating its reasons and without complying with any notice periods. This applies in particular in case of the User's failure to comply with the obligations set out above. Such violations may also have consequences for the User themselves under civil or criminal law.

§ 5 Copyright

¹ The User grants mxlab ag all copyrights and related protective rights required to use the content published by the User on mx3.ch, and assures mxlab ag that they are authorised by third parties (e.g. musicians, recording label and photographers) to release that content. Rights exercised by performing rights societies such as SUISA and/or performers' association are reserved.

² The User may download content from mx3.ch for their own private use, provided the content has been released for download by the users who have made it available on mx3.ch. Any other, specifically commercial use, including the issue of an audio or AV compilation of files downloaded from the mx3.ch database, or offering such files on internet file-sharing sites, is forbidden.

³ The music made available by users on mx3.ch may be broadcast by radio broadcasters that are clients of mxlab ag. The User consents to such promotion even if their music has not yet been published and, in particular, if it has. Such radio broadcasts (and thus the music tracks played during them) may also be made available as podcasts, even if the User who uploaded the music deactivated the download option.

§ 6 Changes to the Conditions of Use and online services of mx3.ch

mxlab ag may amend and/or extend these Conditions of Use at any time. mxlab ag further reserves the right to amend, interrupt or temporarily or permanently suspend mx3.ch online services. Such action does not give rise to any claims for damages or other guarantee claims on the part of the User.

§ 7 Applicable law and place of jurisdiction

The sole place of jurisdiction is Bern, Switzerland. Swiss law applies.

Last amended: March 2009