The following terms and conditions apply to the use of the website

www.depechemodeuniverse.com
owned by the company EMI Music Germany (hereinafter called “EMI Music”)

by the user and to the upload of photos to the aforementioned website.

1. Involved Parties

User is the natural person who uploads one or more photos to EMI Music, thereby using the services of EMI Music. EMI Music is operated by EMI Music Germany GmbH & Co. KG, Im Mediapark 8a, 50670 Köln. End-user is the visitor of the website viewing the photos and other content for private purposes and using them in accordance with these Terms and Conditions.

2. Scope of Application

EMI Music provides all services based on these Terms and Conditions. Participation is free of charge. By participating, all users will be deemed to have accepted these Terms and Conditions. If the User does not accept these Terms and Conditions the Service of EMI Music must not be used by the user.
EMI Music reserves the right to revise and change the Terms and Conditions with reasonable prior notice. The date on which the revised Terms and Conditions shall come into effect will be announced upon publication on this website.

3. Participation

The services of EMI Music must only be used by Users who are legally competent or acting with the explicit consent of their custodian. This is especially applicable to underage Users.

4. Scope of Use and Grant of Rights

EMI Music enables the Users to upload up to 5 photos.
EMI Music will combine a selection of these photos to create a mosaic. The User has no claim to their photos actually being used in the mosaic. The User has no right to compensation for their photos.
By uploading photos to the website of EMI Music, the user grants EMI Music the right, for the duration of this agreement and free of charge, to save the photos, in their entirety or in part, convert the photos to alternative file formats and to display them publicly on the aforementioned website.
EMI Music has the right to produce 5 big physical posters / canvasses of the mosaic to give away in a competition among Users. Apart from that, EMI Music reserves the right to publish the mosaic as a commercially available poster and to release it in digital form on future commercially available sound carriers.

The User choses a “Username” which will be published along with their photos on the EMI Music website.
The User grants all End-users the right to view their uploaded photos.
The User is further aware, that End-users may be technically capable of copying and saving the photos to their computer. EMI Music shall ensure that the photos will be published in a resolution that makes any commercial use impossible.
The user grants EMI Music the right to place advertisements and other commercial offers around the photos (frame adverts, pop-ups, banners, ads, etc.).
Apart from that, all rights associated with the photos (copyright-/ neighbouring rights / right of use) remain with the user.

5. Warranty and Liability of EMI Music

EMI Music reserves the right to limit or end individual services and functions on the website at any time and without giving a reason.
Unforeseeable system failure may cause temporary or permanent failure of the system and loss of data. EMI Music shall not be liable for any consequential damage or loss of data.
EMI Music shall not be held responsible for the loss of uploaded photos. It is the responsibility of the User to store the photos in a secure place.
EMI Music shall not be liable for any damage, irrespective of what type of damage, caused to the User by other Users of the website. This applies in particular to the possible infringement of personal rights caused to the user by other Users or End-users.
EMI Music can, at any time, transfer their rights and duties, as specified in the Terms and Conditions, in full or in part, to third parties, to execute this agreement.

6. Cost

There is no charge to Users or End-users fur using EMI Music.

7. Warranty of Rights by the User

With regard to the uploaded photos, the user warrants that
they are free from third party rights (e.g. copyright, personal tights, trademarks) or that the User has got express permission from the right owner to use the content;
they are free from unlawful, discriminating or offensive content or content that is otherwise in contradiction to the law or public morals;
they comply with youth protection regulations and are free from pornographic content;
they do not contain any technical components (codes, viruses, executable programs etc.) that may affect the functionality of the website or cause damage to other Users;
they are the right owner / originator of the photos and the sole subject of the photos, or that they have got express permission from all persons that are subject of the respective photos;
The User further warrants that none of the content uploaded is administered by a collecting society (e.g. DACS) and no fees or other liabilities will be incurred by EMI Music or the End-user of the website.
Under no circumstances shall EMI Music be liable for any damage caused by the violation of these warranties by the User. The User is deemed to have absolved EMI Music of all related liabilities.

8. Cancellation

Any violation of these Terms and Conditions may result in the User’s photos being removed.

9. Privacy / Data Security

EMI Music does not require any personal information to operate the website. However, the winners of the posters (see 4.) may be asked to provide the information needed for shipment.
If personal data is saved for technical reasons such data is treated confidentially and only saved and used in accordance with applicable data protection laws.
The User has the right to make inquiries at any time regarding the personal data stored about them, and to have it revised or deleted.

10. Miscellaneous

Should any provision of this agreement be or in the future become invalid the remainder of the agreement shall remain in effect.
The invalid clause shall be replaced with a mutually agreed clause, such as is best suited to reach the commercial purpose of this agreement. All parties are obliged to contribute in good faith to the clarification of the affected clause. The same applies to potential regulatory gaps in this agreement.

The legal relationship between the User and EMI Music shall be governed by German jurisdiction.

General Privacy Policy

EMI Music Germany respects the privacy of the users of this website. Generally, no personally identifiable information is collected automatically. Such data is only collected where it is provided voluntarily by the user and is known exclusively to EMI Music Germany, and the artist and their manager.