General Terms of Use for the Plactron App and Plactron Website forUsers

Please read the following terms of use carefully before using our Plactron app and registration via the Plactron website (subscription management).

A.Overview Functions of the Plactron App and Plactron Website

Plactron GmbH with registered office at Sommerstraße 20A, 82008 Unterhaching, Germany, is the provider of the app and the website www.plactron.com. The Plactron app (also: our app) and the Plactron website(subscription management) offer you the following usage options (overview) as auser (consumer as defined by § 13 BGB) exclusively for private, non-commercialor professional purposes:

1.    The Plactron app is a multimedia music app for music, music videos, videos of artists on the development process of their art, booklets, images, comments and other word contributions and similar content and for communication between users and artists and support of artists by users.

2.    The user can purchase content of the afore mentioned type, among other things, in the form of individual music titles, albums, both in-app via the Plactron app or at a reduced price via subscription via the Plactron website (subscription management). However, the user can only book and manage subscriptions via the registration on the Plactron website. The user can only download and use the contents of the subscription via the Plactron app. In doing so, the user can register the Plactron app on a maximum of three mobile devices at the same time with his user account and only use it personally.Sharing or use by a user group is not permitted.

3.    The online library shall remain available to the user via his user ID for the use of Plactron content already purchased for a reasonable period of time after termination of the use of the Plactron app. The details regarding the availability of the Plactron contents result from the order and payment conditions valid at the time of purchase of the contents.

4.    Third party content is collectively referred to as"Plactron Third Party Content". Plactron content is collectively referred to as "Plactron proprietary content". Both together are referred to as Plactron content.

5.    The Plactron app also offers the user the possibility of accessing (chargeable) content/services/offers from third parties (cooperation partners). Plactron merely provides the user with access to these contents/services/offers of third parties via the Plactron app for these offers, without, however, itself being the provider or contractual partner of the user with regard to these mediated contents/services/offers. For this purpose, the user is also redirected to websites of the third parties.These offers are explicitly marked as third-party offers within the app.Separate terms of use and contract of the respective provider (cooperation partner) may apply to the use of these services/offers of third parties.

6.    Plactron may expand, add to, limit, or change the layout and uses of the Plactron App and the Plactron Website, and may customize them to meet the needs of Users and Artists.

7.    The free components of our app are provided"AS IS" and "AS AVAILABLE".

B.Scope of Application / Amendments to these Terms and Conditions

1.   The Terms of Use establish a legally binding agreement between you and Plactron (hereinafter referred to as "Plactron", "we","us" or "our"). Your contractual partner is: Plactron GmbH with registered office in Munich, at Sommerstraße 20A, 82008 Unterhaching, Germany.

2.   This agreement exists only between the user and Plactron and not with the app marketplace/app store through which the user can/has downloaded the Plactron app (e.g. for iOS users, the App Store of Apple Inc. or for Android users, the Google Play store of Google Inc.). For the use of the app store, the respective terms of use and ordering and payment conditions set up by the provider of the app store shall apply.

3.   The current ordering and payment conditions for the purchase of Plactron content in-app and booking of subscriptions can be found at: http://www.plactron.com/nutzungsbedingungen. These apply in addition to these Terms of Use when purchasing Plactron content.

4.    Plactron reserves the right to change the functions and contents of the app and the website with effect for the future, provided that the changes are reasonable taking into account the interests of the user and the interests of Plactron and its affiliated companies and the artists.This shall be the case in particular if the changes are without economic disadvantages for the User, e.g. in the case of adaptation of the services/app to the state of the art, changes to optimize the system, in particular to improve user-friendliness, as well as changes to the content, insofar as the latter are necessary to correct errors, to update and complete, for program-related optimization or for legal/licensing reasons or to expand the free content of the app or website.

5.    Changes to these Terms of Use, any Special Terms ofUse or Contractual Terms as well as the introduction of additional terms and conditions for new services and products that offer chargeable content or contract conclusion options (such as product or service offers) will be communicated and offered to the User by e-mail to the e-mail address provided by the User no later than two months before the planned date of change.

6.    The User's consent to the offer of the amendedTerms and Conditions by Plactron shall be deemed to have been given if the User does not object before the proposed date of entry into force of the amendments and continues to use the Plactron app (notice of amendment). Plactron shall separately draw the user's attention to this effect when offering the new terms and conditions. In the event of consent, Plactron shall use the amended version of the Terms of Use, the Special Terms of Use or the Contractual Terms as a basis for further use. If the User objects to the amendment, Plactron may terminate the contract of use at the time of the amendment.

7.    If the user is offered changes to the terms and conditions for chargeable content by Plactron, the user may terminate the part of the app affected by the changes or the use of the services as a whole without notice and free of charge prior to the proposed date on which the changes take effect. Plactron shall separately inform the user of this right of termination upon notification of the planned change.

8.    The terms and conditions of payment and ordering applicable to users of the Plactron app shall be made known to the user prior to the conclusion of the respective contract. In order to initiate an order, the user must confirm the separate payment and order conditions of Plactron at the time of the order.

9.    Access to Plactron content acquired by purchase(online library) shall remain unaffected by a termination of the user agreement unless other rights of use with regard to the Plactron content have been expressly agreed.

C.Registration and Terms of Use for Users

1.   Prerequisite for registration / order / general

1.1.    Please note that you may only use the Plactron app and the Plactron website (subscription management) with regard to the chargeable functions/services if you have reached the age of 18. Otherwise, the free functions/services of the Plactron app may only be used by users who have reached the age of 16.

If a parent of a child is under the aforementioned age limit and finds that your child is using the Plactron app without your consent, please contact us at datenschutz@plactron.com.

If we learn that we have collected the personal data of a child under the age of 16 without the consent of the parent/guardian, we will take reasonable steps to stop the use and delete the personal data. This may result in us having to delete the user account in the Plactron app for that child.

1.2.    Registration in our app is possible free of charge after downloading the app via the app store selected by the user on one (1) to a maximum of three (3) mobile devices of the user, there under Login/Registration.

1.3.    Another prerequisite for registration and use of our app is that the user agrees to these terms of use. The user can call up and save the data protection information before registration via the link next to the linked terms of use. The data protection information can also be viewed in its currently valid version under the heading Data protection informationwww.plactron.com/datenschutz. The respective valid payment and order conditions are also displayed for the user to view and retrieve before placing an order.

1.4.    The user declares his agreement with the terms of use valid at the time of registration and confirms receipt of the data protection information by checking the checkboxes "The user agrees with Plactron's terms of use." and "The user can access the data protection information here." during the online registration process. confirmed.

1.5.    The orders of music titles/albums and the booking of a subscription including chat/follow/support function (together also: Plactron content) with the artists are subject to a fee. The conclusion of contracts for the purchase of music/albums via our Plactron app is only possible in an area protected by a registration process and thus exclusively for registered users. Registration and ordering is carried out by the user. Delivery of the music titles/albums/subscriptions ordered via our Plactron app is, depending on the content, possibly only possible with residence/billing addresses in Germany or Europe.

2.    Registration process

2.1.    There is no legal claim to registration in the Plactron app and the Plactron website (subscription management). We are entitled to refuse the registration of a user without giving reasons.

2.2.   After the user has provided all the personal data marked as required when registering in the Plactron app, we will send the user a confirmation e-mail with an approval link to the e-mail address provided by the user during registration. The user can complete the registration by clicking on the confirmation link. Registration is not possible before confirming the confirmation link. If the confirmation e-mail does not arrive, the user should first check his spam folder before contacting us.

2.3.    Only through our confirmation e-mail do we accept the application for registration of the user to use the app. Only after receipt of this e-mail and activation of the confirmation link is the user entitled to use the app within the scope of the terms of use.

3.    Duties of the user - general

3.1.    The information required from the user for registration and further use of the app and the Plactron website (subscription management) must be complete, up-to-date and correct. The user may not register an account for third parties.

3.2.    If the data provided by the User changes, the User must immediately correct the data in the Plactron app and on the Plactron website (subscription management) in the account settings and/or personal settings.

3.3.    Access data including the password must be kept secret by the user and must not be made accessible to unauthorized third parties under any circumstances.

3.4.    It is further the responsibility of the user to ensure that access to the Plactron app and on the Plactron website (subscription management) the use of the available services is exclusively by the user.

3.5.    Access by unauthorized third parties to the Plactron app and the services available on the Plactron app as well as to the Plactron website(subscription management) must be prevented by the user by taking suitable and appropriate measures. The user is obliged to notify us immediately of any unauthorized use of his access. The user shall be liable for any misuse of access for which he is responsible.

3.6.    Selling a user account or playlist or otherwise receiving or offering to receive financial or other consideration for influencing an account or list name or the contents of an account or playlist is prohibited.

3.7.    The user may not use any devices, products or other means that serve to circumvent or overcome our technical (security) measures of the app/website. In the event of misuse of the app, we are entitled to immediately block the user's access. Further rights and claims, in particular our right to extraordinary termination for cause and claims for damages remain unaffected.

3.8.    The user shall be responsible for creating and maintaining the technical requirements for access to the Plactron app in his access area, in particular with regard to the hardware and operating system software used, the connection to the Internet and the current browser software as well as the installation of any app updates. The user is obliged to take the necessary precautions to secure his systems, in particular to use the current security settings of the browser and to use current protective mechanisms to ward off malware.

3.9.    The user agrees to refrain from artificially increasing the playback counter or a follower counter or otherwise manipulating the Plactron app by using bots, scripts or other automated processes, by granting or receiving any consideration (financial or otherwise) or in any other way.

3.10. The user undertakes to refrain from any other artificial support of content by automated processes or in any other way.

4.    Duties of the User - UserContent and Conduct Guidelines

The user undertakes to comply with the applicable legal provisions with regard to the user content generated by him and user content shared by him. The user therefore observes the following requirements in particular:

4.1.    In particular, the user will not publish or share any content

4.1.1.  with defamatory and/or insulting content,

4.1.2.  with content that violates copyrights,

4.1.3.  with content that infringes trademark, patent and/or name rights or other commercial or intellectual property rights,

4.1.4.  with pornographic or obscene content,

4.1.5.  with content that depicts, threatens or supports sexual violence, sexual assault, sexual exploitation and/or abuse of children or adults,

4.1.6.  with content that supports or coordinates the exploitation and abuse of people (including human trafficking and related human smuggling),

4.1.7.  with content that depicts, advocates or coordinates sexual acts with non-consenting parties(to prevent non-consensual sexual acts). This also applies to content intended to promote, endorse or coordinate sexual encounters or commercial sexual services between adults, such as prostitution or escort services,

4.1.8.  threatening and/or threatening to commit a criminal act or calling for the commission of a criminal act,

4.1.9.  with contents that glorify violence, call for violence or

4.1.10. with the call to violate these terms of use,

4.1.11. with discriminatory and/or inciting content,

4.1.12. with the call for the establishment and formation of criminal associations or armed groups or the call for the organized exercise of violence,

4.1.13. with content intended to intentionally deceive others, especially to defraud or exploit others for money or property, or aid in committing a fraud,

4.1.14. commit violations of applicable laws and regulations with other content and calls, in particular

4.1.14.1.    Distributing propaganda materials of unconstitutional organizations,

4.1.14.2.    Use of symbols of unconstitutional organizations,

4.1.14.3.    Preparation of a violent act endangering the state,

4.1.14.4.    Instruction to commit a violent act dangerous to the state,

4.1.14.5.    National treasonous forgery,

4.1.14.6.    Disturbing the public peace by threatening to commit a crime,

4.1.14.7.    Formation of criminal, terrorist groups at home and abroad,

4.1.14.8.    Instruction to commit a crime,

4.1.14.9.    Reward and approval of crimes,

4.1.14.10. Insulting confessions, religious societies and ideological associations,

4.1.14.11. Distribution, acquisition and possession of child pornography content,

4.1.14.12. Violation of the most personal sphere of life and personal rights through image recordings

4.1.14.13. Falsification of evidentiary data.

4.1.15. with content that is illegal for other reasons due to applicable laws.

4.2. The user is also obliged to comply with the following guidelines and rules when using the Plactron app and the Plactron website:

4.2.1.  Not to post orshare content or use the app's features in a way that is likely to harass orbully other users/artists, or stalk ("stalking").

4.2.2.  Not to attackpeople on the basis of ethnicity, religion, race, nationality, gender, sexualorientation, age, serious illness or disability. In particular, violent orinhumane language, harmful stereotyping, statements of inferiority, expressionsof contempt, disgust or rejection, name-calling or calls to exclude or isolatepersons are to be understood as attacks.

4.2.3.  Not todisseminate or share hate speech and not to disseminate content from hateorganizations. Hate organizations are any grouping of three or more personsorganized under a name, sign, or symbol whose ideology, statements, or physicalactions attack persons on the basis of certain characteristics, including, butnot limited to, ethnicity, religious affiliation, nationality, ethnic origin,gender, sexual orientation, serious illness, or disability.

4.2.4.  Not post orshare content that depicts and supports self-harm as intentional and directinjury to self or another's body, including self-mutilation and eatingdisorders.

4.2.5.  Not post orshare content that identifies and negatively portrays victims or survivors ofself-harm, suicide, or suicide attempts, whether in a serious, joking, orrhetorical manner, as well as depictions of suicide or self-harm.

4.2.6.  Not to post orshare content that advocates the suffering or humiliation of others.

4.2.7.  Not to post orshare content that is intended to manipulate or interfere with any election orother civic process, or that could negatively impact participation in any civicprocess, or that contains false information regarding the date, location orconduct of any such process.

4.2.8.  Not to post orshare content that contains the login credentials or personal information ofother users/artists.

4.2.9.  Not toundertake any content or actions that are intended to pretend to be or representa third party (other natural person or company) or to represent a supposedaffiliation with third parties in order to deceive, mislead and/or fraudulentlyexploit other users/artists.

4.2.10.Not to forward"chain letters", spam messages.

4.2.11.Not to operateor promote a pyramid scheme or to distribute via the functions of the Plactronapp or the Plactron website (subscription management);

4.2.12.Not post orshare any advertising not explicitly authorized by us, or host, advertise orshare sweepstakes or contests through the Plactron App or the Plactron Website.

4.2.13.Not to post orshare synthetic or manipulated media content in a misleading manner.

4.2.14.Not to publishor share "fake news" or false reports. In particular, "fakenews" is content that contains false statements of fact and is likely to harm a person,an organization or an institution by providingfalseor misleading information.

4.2.15.Not to use"social bots" or similar technologies with the aim of manipulatingthe opinions of other users or artists.

4.3.    Content that violates the above obligations andguidelines can be deleted after examination, as soon as we have become aware ofthis. If content is reported to us due to a violation of these guidelines, itwill be blocked until we have been able to review the alleged violation andgive the author of the affected content the opportunity to comment. Syntheticand manipulated media content may be flagged upon report so that other usersand artists know it is not genuine, and to provide additional context.

4.4.    When reporting a violation and deciding on ourresponse and sanction against the user, we will consider, among other things,whether the conduct is directed against an individual, a group, or a group ofpersons in need of special protection, whether the report was made by a datasubject or by an uninvolved person, whether the user has previously violatedour policies, the severity of the violation, whether the content may be amatter of legitimate public interest and the exchange of views in compliancewith criminal law limits.

4.5.    The user can be sanctioned for violation of theseguidelines and obligations according to the measures in item 5.

4.6.    If a User believes that certain User Content hasbeen posted on the App in violation of the foregoing guidelines and policies orlaws, the User may immediately notify us by email to: xxx

We can best processthe report if the user who wishes to report a violation provides the followinginformation: The report must specifically allow identification of the contentallegedly violating the Terms of Use (such as alleged violating user (name),date, time of the affected content, reason for the reporting user's report(description of the violation)) including information about where exactly thereported content is located so that we can find and identify it.

5.    Blocking the account

5.1.     We can temporarily or permanently block the user's access to ourPlactron app, in particular its communication functions such as posting andmessage function, at our own dutiful discretion, either as a whole or toindividual sub-areas, if there are concrete indications that the terms of useand/or applicable law are being or have been violated (including misuse ofaccess data; violation of property rights and user guidelines; violation ofapplicable laws). We may issue a warning for a first violation. In the event ofa serious first violation or a subsequent violation, we may restrictcommunication features such as posting and messaging functionality ortemporarily or permanently disable the corresponding user profile fromparticipating in interactions with other users and artists.

5.2.    If there is a reasonable suspicion of danger to life and limb of aperson or an imminent danger to public safety, we reserve the right to informthe law enforcement authorities and/or regulatory authorities.

5.3.    In addition, we may permanently block access due to inactivity at ourown dutiful discretion. If we intend to block access due to inactivity, we willinform the user of this by e-mail at least two months before the intendedblocking due to inactivity.

5.4.    When deciding on blocking and deactivation/deletion, the legitimateinterests of the user will be given due consideration. We reserve the right topermanently block access and exclude the user from futureparticipation/registration. Severe and repeated breaches of contract by theuser give us the right to extraordinary termination (§ 314 BGB).

5.5.    In the event of temporary or permanent blocking of the accessauthorization of the customer, the user will be notified of this by e-mail.

5.6.    A permanently blocked (deactivated) access authorization, especiallythe communication functions such as posting and messaging functions, cannot berestored.

5.7.    Access to the online library with the content purchased by the userremains unaffected in the event of blocking or deactivation due to these termsand conditions.

6.    Termination of use

6.1.    The registration and use of the app itself is for an unlimited periodand free of charge. The agreements can be terminated by us as well as by theuser.

6.2.    The use of the app can be terminated by the user at any time by informal notification to us or via the sub-item"Delete user account" at any time with a notice period of 14 days tothe end of the month. The deletion process is not automatically implemented bythis notification of the user, but only after verification by us made /restored within X days.

6.3.    The right to terminate for cause remains unaffected.

6.4.    Upon termination of the user contract, the user's Plactron app fullaccess will be blocked.

6.5.    Once all orders have been processed, the Plactron app full access aswell as the access to the Plactron website to the user account (subscriptionmanagement) will be irretrievably deleted after termination. We are entitledand obligated to irretrievably delete all data created in the context of theuse of the app after expiration of any statutory retention periods (AO, HGB).For personal data, the applicable data protection regulations apply inaccordance with our data protection information for users.

6.6.    Access to the online library with the content purchased by the userwill be irrevocably blocked upon deletion of the account.

D. Duty to observe property rights

Plactron respects and observes the propertyrights of its contractual partners and third parties and expects the same fromits contractual partners, i.e. also the user of the app and the Plactronwebsite.

1.   User guidelines Protective rights

1.1.    The user undertakes to comply with the applicablelicense conditions of the purchased content/third-party content and not toexceed the rights of use granted to him/her in and via the app. The scope ofthe rights of use to the purchased Plactron contents results from therespective valid order and payment conditions when confirming the buy button.

1.2.    The user undertakes in particular to refrain fromthe following actions:

1.2.1.       Copying,redistributing, reproducing, "ripping", recording, transmitting,publicly performing or displaying, broadcasting, or making publicly availablethe Plactron App or any Content or any portion thereof, or any other use of thePlactron App or any Content that is not expressly permitted under theAgreements or applicable law, or otherwise infringes any intellectual propertyrights (whether of a third party or Plactron) with respect to the Plactron Appor Content or any portion thereof;

1.2.2.        Using the Plactron app to import or copy localfiles that the user does not have permission to import or copy in this way;

1.2.3.       Transferringcontent from the cache of an authorized device to another device, by any means;

1.2.4.       Reverseengineer, decompile, disassemble, modify or create derivative works based onthe Plactron App, the Content or any part thereof, except to the extentpermitted by applicable law;

1.2.5.       Circumventingthe technologies used by Plactron, its contractors/licensors or third partiesto protect the Content or the Services;

1.2.6.       Selling,renting, sublicensing or leasing the Plactron App or any Content (or anyportion thereof) acquired or published through the Plactron App;

1.2.7.       Circumventionof geographical restrictions applied by Plactron or its licensors, if any;

1.2.8.       Removing oraltering (in particular for the purpose of concealing the owner or source ofContent or changing information about the owner or source of Content)references to existing copyrights, trademark rights or other intellectualproperty rights contained in the Content or the Services or transmitted via theServices;

1.2.9.       "Crawling"the Plactron App or using other automated means to view, access, or collect information from Plactron App.

1.3.   If a User believes that User Content is being or has been used in an unauthorized manner or a User is acting in violation of the foregoing obligations of the Terms of Use, the User may notify us by sending an email to: support@plactron.com

1.4.    Fraudulent or abusive reporting or other abuse of the Usage Policy may result in account suspension and may have other legal consequences.

2.    Rights of use in relation tothe Plactron app and Plactron website itself

Unless otherwise separately stated and agreed,the User shall always only receive the simple, non-exclusive, non-transferableright, limited to the duration of the respective usage agreement, to use theApp and the content provided in the App/on the Websites exclusively for theUser's own, non-commercial, non-commercial purposes. In detail:

2.1.    Plactron grants the user the right to use the app and the website asintended. This is a non-exclusive and non-transferable right to use theinformation, software and functions provided in the app and the website to theextent that this corresponds to an appropriate use of the app and the website.

2.2.    The user may not use the Plactron app and the Plactron website in thecontext of entrepreneurial, commercial, otherwise profitable or officialactivities. The user is prohibited from reselling or otherwise transferringrights of use to or via the Plactron app or the Plactron website itself tothird parties. This includes, in particular, the resale or commercial use ofthe Plactron app and the Plactron website, any collection and use of productinformation, descriptions or prices, any derivative use of the Plactron app,any downloading or copying of account information for the benefit of anotherprovider, or any use of data mining, robots, or similar data gathering and extractionprograms.

2.3.    The information, software and documentation of the Plactron app and thePlactron website are protected by copyright. The user must observe Plactron'sindustrial property rights and copyrights to the Plactron app and the Plactronwebsite. In particular, the user may not develop the app furtherhimself/herself or use it as a basis for his/her own development and modify theprogram code of the Plactron app.

2.4.    Any exploitation, use, addition, sale, rental, reproduction of thePlactron app or the Plactron website without the express permission of Plactronis prohibited in any case.

2.5.    The user shall not be granted any rights of use beyond thosecorresponding to the purpose of the app and the website; in particular, theuser and also the artists/studios shall not be granted any rights to thecompany name or to intellectual or industrial property rights of Plactron.Plactron shall also not be obliged to grant corresponding rights.

2.6.    No frames/frame techniques may be used to insert the Plactron app orthe Plactron website or its content without our consent.

2.7.    All other commercial and intellectual property rights remainunaffected.

3.   Content protection, copyrights, ancillarycopyrights

3.1.    The available Plactron content (music titles,albums, booklets, lyrics, videos, images, drawings, files, etc. of Plactron aswell as of third parties) in the Plactron app and the Plactron website areprotected by industrial property rights or by other property rights and arerespectively owned by us, by our contractual partners such as, among others,the artists/studios or other third parties who have made the respectivethird-party content available via our Plactron app.

3.2.    Trademarks, company logos, other marks or protective notices, copyrightnotices, serial numbers, reproduction/copy protection and other featuresserving protection or identification purposes used in our Plactron app and onour website may not be removed or modified, either in electronic format or inprintouts.

3.3.    We do not check the completeness, accuracy and legality of linkedexternal third-party content and therefore do not assume any responsibility orwarranty for the completeness, accuracy, legality and timeliness of thethird-party content. This also applies with regard to the quality of thethird-party content and its suitability for a particular purpose.

3.4.    Advertisements by users/artists/studios may contain links to externalthird-party websites over whose content we have no influence. Therefore, wecannot assume any liability for these external contents. The respectiveprovider or operator of the linked pages is always responsible for the contentof the linked pages; this also applies to their data processing. A control ofthe contents of pages linked by third parties is not reasonable withoutconcrete evidence of a violation of the law. If we become aware ofinfringements on or with linked pages, we will inform the artist/third partyprovider and are entitled to remove such links in our app/website immediatelyafter due examination.

3.5.    We are responsible for the own contents of our app/website according tothe general laws, especially according to § 7 para. 1 of the Telemedia Act. Allcontent is created with due care and to the best of our knowledge. Insofar aswe refer to websites of third parties on our website by means of hyperlinks, wecannot assume any liability for the continuous up-to-dateness, correctness andcompleteness of the linked content, as this content lies outside our area ofresponsibility and we have no influence on its future design. If, in youropinion, any content violates applicable law or is inappropriate, the user cannotify us by e-mail mitteilen:info@plactron.com.

4.   User content/exploitation rights

4.1.    Some parts of the App may allow users to postphotos, videos, comments, and other content, which we refer to as "UserContent" or "User Content."

4.2.    Plactron is not responsible for user contentpublished by other users or artists via the app's features. Plactron does notshare the opinions published/shared by users unless Plactron expressly adoptsthe opinions as its own. User Content is the property of the User or whoevercreated it, but when the User posts their content, the User licenses it toPlactron as follows:

4.2.1.                 By posting hisUser Content, the User declares that he has the right to use and publish suchUser Content.

4.2.2.                 User grantsPlactron a non-exclusive, perpetual, transferable, sublicensable, royalty-free,worldwide right to use the User Content that User posts on or in connectionwith the App. This includes, but is not limited to, the likeness of any personappearing in the User Content or any of the concepts or ideas contained in theUser Content, use for any purpose, including commercial use, which includes theright to translate, display, reproduce, modify, create derivative works,sublicense and transfer such rights. Plactron may, in its sole and absolutediscretion, remove User Content at any time, in particular if it violates theTerms of Use, copyrights and other rights of third parties and/or laws.  

4.2.3.                 Deleted UserContent in Plactron's systems and on the App may then remain stored/publishedto the extent that the User has published his User Content or it has beenshared with others who have not deleted this information, unless the User orthe respective individual requests the deletion or blocking of personal data inaccordance with applicable law. The user may assert the right to erasure ofpersonal data in accordance with and pursuant to the requirements of Art. 17DSGVO vis-à-vis Plactron.

4.3.   The usershould therefore not submit any creative ideas, suggestions, inventions ormaterials to us, e.g. by comment, unless we have requested them or a separateagreement has been concluded to this effect. If the user nevertheless submitssuch (possibly If the user nevertheless submits such content (which may belegally protected), the user grants Plactron a royalty-free, sublicensable,perpetual, worldwide right/license to use his comments and retransmissions,feedback and ideas for all comments, feedback or ideas that he submits andmakes available to us on a non-confidential basis, that the User shares withus, without notice to the User and without compensation or credit to the User,for any purpose whatsoever, including, but not limited to, developing,manufacturing and marketing products and services and creating, modifying orimproving products and services.

5.   Copyright infringement

5.1.   If the userbelieves that his or her user content or that of other users or artists isbeing used in the Plactron app without authorization (copyright infringement),the user may notify us by email to: info@plactron.com

5.2.   For moreefficient processing of the complaint, we ask the user to provide us with thefollowing information:

5.2.1.                 Name, address,telephone number, e-mail address, and an electronic or physical signature ofthe originator and the person making the report who is authorized to act onbehalf of the originator;

5.2.2.                 A descriptionof the copyrighted work that users claim has been infringed;

5.2.3.                 a descriptionby which concrete action or other concrete circumstances a copyright isinfringed;

5.2.4.                 a descriptionof what content it means and where in the Plactron app the content in questionis located that the user claims constitutes an infringement of intellectualproperty rights;

5.2.5.                 a statementthat the reporting person has a good faith belief that the material has notbeen released by the intellectual property owner, its agent, or by operation oflaw;

5.2.6.                 a statementthat the information contained in the notification is accurate, as well as astatement that the notifying person is authorized to file the complaint onbehalf of the author.

5.3.    Fraudulent or abusive reporting or any other misuseof the reporting function may result in the account of the reporting user beingblocked and may have further legal consequences.

6.   Liability

6.1.   In the eventof injury to life, limb or health attributable to us, we shall be liable inaccordance with the statutory provisions.

6.2.   The followingliability regulations apply to other damages:

6.2.1. Claims of theuser for damages are excluded. Excluded from this are claims for damages by theuser arising from injury to life, limb or health or from the breach ofessential contractual obligations (cardinal obligations) as well as liabilityfor other damages based on our intentional or grossly negligent breach of duty,or our legal representatives or vicarious agents. Essential contractualobligations are those whose fulfillment is necessary to achieve the goal of thecontract.

6.2.2. In the eventof a breach of material contractual obligations, we shall only be liable forthe foreseeable damage typical for this type of contract if such damage wascaused by simple negligence, unless the user's claims for damages are based oninjury to life, limb or health.

6.2.3. The restrictionsof 6.2.1. and 6.2.2. shall also apply in favor of our legal representatives andvicarious agents if claims are asserted directly against them.

6.2.4. Thelimitations of liability resulting from 6.2.1. and 6.2.2. shall not applyinsofar as we have fraudulently concealed a defect or have assumed a guaranteefor the quality of the item. The same shall apply insofar as we and the userhave reached an agreement on the quality of the item/product. The provisions ofthe Product Liability Act shall remain unaffected.

6.3.    We are liable for the loss of data, including paidcontent, only up to the amount that would have been incurred to restore thedata if the user had properly and regularly backed up the data.

C.Final regulations

1.   Choice of law

German law shall apply exclusively to theexclusion of the UN Convention on Contracts for the International Sale of Goodsand to the exclusion of the conflict of laws rules. The statutory provisions onthe restriction of the choice of law and on the applicability of mandatoryprovisions, in particular of the state in which the user has his habitualresidence as a consumer, shall remain unaffected.

2.   Contract language

Contract language is German.

3.   Language versions

3.1.   The text ofthe Terms of Use is available in German and in English.

3.2.   In the eventof disputes regarding the wording and interpretation of the English version ofthe Terms of Use, the German version as well as the interpretation according toGerman law shall prevail. The statutory provisions on the limitation of thechoice of law and on the applicability of mandatory provisions, in particularof the state in which the user has his habitual residence as a consumer, shallremain unaffected.

4.   Complaint contact

If you have a question or complaint, you cancontact us by email at the following email address: info@plactron.com.

5.   Alternative dispute resolution

The EU Commission has created an Internetplatform for online dispute resolution. The app serves as a contact point forthe out-of-court settlement of disputes concerning contractual obligationsarising from online purchase contracts. More information is available at thefollowing link: http://ec.europa.eu/consumers/odr. We are neither willing norobliged to participate in a dispute resolution procedure before a consumerarbitration board.

6.   Closing gaps in the contract

Should any provision of these Terms of Use beor become invalid, this shall not affect the validity of the remainingprovisions. In such a case, Plactron and the user shall be obliged to cooperatein the creation of provisions by which a result that comes as close as possibleto the invalid provision in economic terms is achieved in a legally validmanner. The foregoing shall apply mutatis mutandis to the closure of anyloopholes in the contract.