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BITWIG GMBH

Privacy Policy

I. Introduction

Bitwig provides an area for “Questions and Answers – Q&A” for the users of this internet site and for the users of the products and/or other services. In this area users may ask other users and Bitwig staff questions, express their opinion as well as offer criticism.

II. Conditions of Use

Any user of the website and/or the products and/or services is entitled to ask questions and express opinions and/or criticism in this area. To post in this area the user must register. With registration the user accepts the following conditions. This registration enables the user at the same time to acquire Bitwig products and services and to download and update them. When acquiring Bitwig products and services the respective T&C apply.

III. User Profile

1. Before users can use the services of Bitwig, the user must register and create a user profile. With registration users confirm that they have full legal capacity and are over 18 years of age. Users may only register once and only maintain one user profile.
2. The data supplied must be true, complete and must not be misleading. Any changes to the data must always be kept up to date by the user in his personal profile. Pseudonyms, abbreviations or professional names are also allowed as profile names.
3. The user must affirm that he has the rights of use to the respective profile photo and give express consent to public reproduction on the Bitwig website.
4. Bitwig reserves the right to cancel without notice the authorisation of the user to access his user account without giving any reasons.
5. On registration the user must choose a password and undertakes to keep it secret. Bitwig will not disclose the password to third parties nor ask for the password at any time (after login). The password can be changed at any time or can be requested again if lost.

IV. Use

1. Using the Bitwig website along with creating a user profile and contacting Bitwig or users are for an unlimited period and entirely free of charge.
2. The user undertakes to comply with the applicable laws and all third-party rights in the use of content and services on the Bitwig website. It is forbidden to use insulting or defamatory content irrespective of whether this content relates to other users, staff or the Bitwig website or other people. Obscene or sexually suggestive communication (explicit or implicit) is expressly prohibited. It is in particular forbidden to use content that is pornographic, glorifies violence or breaches child protection legislation or to promote, offer for sale or market products of this type or to unreasonably annoy other users (in particular by spam) (cf. section 7 German Act Against Unfair Competition, UWG). No content protected by copyright, patent, utility model or registered design rights or legally protected goods or services may be promoted, offered for sale or marketed. It is forbidden to carry out or promote anticompetitive practices including progressive customer canvassing (such as chain, snowball or pyramid systems) as well as carrying out, advertising and promoting structure marketing (such as multi-level marketing or multi-level network marketing). The use of mechanisms, software or scripts in combination with the use of the Bitwig website is not allowed. Exceptions are however interfaces or software provided by the Bitwig website for the services offered. Blocking, modifying, overwriting or copying is not allowed; the same applies to using or copying by “robot/crawler” search engine technology. The dissemination and public reproduction of Bitwig website content or content of other users is not allowed, likewise any action likely to impair the functionality of the Bitwig website or in particular to put undue loads on it.
3. Bitwig is entitled to remove all content even without advance notice if and to the extent that there are specific indications that by publication statutory regulations, common decency and/or third-party rights have been infringed. Furthermore Bitwig is entitled to block the user temporarily or completely or to exclude him from the use of the platform.
4. Where users notice illegal or contract-violating use of the Bitwig website, the operators of the Bitwig website should be notified by email or using the contact form.

V. Indemnification

1. The user shall indemnify Bitwig from all claims, including claims for damages that the users of the Bitwig website or other third parties may assert against Bitwig for infringement of their rights by the content published by the user on the Bitwig website. Moreover the user shall assume all costs arising that Bitwig might incur because of an infringement of third-party rights, including legal defence costs. All further rights as well as claims for damages by Bitwig remain unaffected. The user has the right to prove that Bitwig has in fact incurred lower costs.
2. If third-party rights are infringed by the user or by his use of the Bitwig website, he undertakes to cease and desist from the contract-violating and/or illegal use immediately but no later than on request by Bitwig.
3. The aforementioned obligations do not apply where the user is not responsible for the violations.

VI. Bitwig’s Rights and Obligations

1. Bitwig provides users with its services for the use of its website but mainly for the use of its products and services.
2. Bitwig assumes no responsibility for the content, data and/or information statements provided by third parties or for content on linked external websites. In particular, Bitwig does not guarantee that this content is true, meets a specific purpose or may serve such a purpose.
3. Bitwig staff may also join in the content of the communication of the users between each other.
4. Bitwig cannot technically establish with certainty whether a user registered on the Bitwig website is actually the person he purports to be. Bitwig therefore gives no guarantee for the actual identity of the user. It is therefore the responsibility of each user to verify the identity of other users. Bitwig reserves the right to change the services offered on the Bitwig website or to offer different services unless this is not reasonable for the user. The user will be informed by the operator of the Bitwig website about all changes in connection with the contractual service and/or the website.

VII. Term & Termination of Contract

1. The contract between the user and Bitwig is entered into for an unlimited period.
2. Users can cancel their membership at any time without giving a reason. Cancellation must be carried out at least in text form (e.g. by email). When cancelling, the user name and the email address of the user given when registering on the Bitwig website are to be given.
3. The right of either party to terminate a membership for cause remains unaffected. Such cause for Bitwig occurs in particular when continuing the contract is unreasonable, taking into account all the circumstances of the individual case and weighing the interests of Bitwig. In this case cancellation leads to the immediate exclusion of the user from the Bitwig website. This is particularly the case if the user breaches legal regulations or his obligations, particularly from IV. of these guidelines.

VIII. Cancellation Notice

Right of cancellation

If users register for Bitwig for a purpose that is related neither to their commercial or their self-employed professional activity, they are considered as consumers within the meaning of the law (section 13 German Civil Code) and the following provisions apply:

The contractual declaration can be revoked in writing (e.g. by email) within 14 days without giving a reason. The period commences after receipt of this notice in text form but not before the contract has come about and also not before fulfilment of Bitwig’s obligations to inform and under article 246 section 2 in conjunction with section 1 subs. 1 and 2 EGBGB [Introductory Act to the German Civil Code] and also our obligations under section 312g subs. 1 clause 1 BGB [German Civil Code] in conjunction with article 246 section 3 EGBGB.

To comply with the cancellation period dispatch of the cancellation in time is sufficient.

The cancellation is to be sent to: Bitwig GmbH, Schwedter Str. 13, D-10119 Berlin, Germany, contact@bitwig.com.

Consequences of cancellation

In the event of an effective cancellation, the services received by either side are to be reimbursed and if applicable benefits derived (e.g. interest) returned. If you are unable to reimburse the service and benefits received (e.g. use and enjoyment) to us in their entirety or partially or where you can only return them in a deteriorated state, you must offer compensation to this extent if required. This may mean that you need nonetheless to meet the contractual payment obligations for the period until the cancellation.

Your right of cancellation expires prematurely if the contract is completely fulfilled by both parties upon your express wish, before you have exercised your right of cancellation.

End of cancellation notice.


IX. Data Privacy

Bitwig complies with all statutory data privacy regulations (German data privacy laws, European privacy policy and all other applicable data privacy legislation). Bitwig will in particular not disclose the users’ personal data to third parties or otherwise make it known to third parties without authorisation. Details on the processing of the user data are laid down in Bitwig’s data privacy provisions, which can be viewed on the Bitwig website at any time.

X. Final provisions

1. The law of the Federal Republic of Germany applies.
2. Bitwig reserves the right to change these guidelines at any time without giving any reasons unless this is unreasonable for its users. Bitwig will inform its users about changes to the guidelines in good time. If the user does not object to the validity of the new guidelines within six (6) weeks of notification, the amended guidelines will be deemed to be accepted. Bitwig will remind the user in each case in the notification about his right to object and the significance of the deadline for objecting.
3. Where nothing different is agreed, all declarations can be given to Bitwig by email, fax or letter. Bitwig can send announcements to its users by email, fax or letter to the addresses that the user has given as current contact data in his user profile.
4. There are no additional agreements.
5. If any provisions of this agreement are or become invalid, the validity of the remaining provisions will not be affected.
6. Place of performance is the registered office of Bitwig GmbH, thus Berlin/Germany.

 v 1.1, March 2014