Welcome to Screws Reworked, a service provided by Durton Studio / Erased Tapes (“Durton Studio“ “Erased Tapes” “we” or “our”) for uploading and embedding reworks (the "Services") through our website, accessible at www.nilsfrahm.com and www.durtonstudio.com (the "Site").

Please read carefully the following terms and conditions ("Terms") and our Privacy Policy, which may be found at www.nilsfrahm.com/privacy and which is incorporated by reference into these Terms. These Terms govern your access to and use of the Site and Services, and constitute a binding legal agreement between you and Durton Studio / Erased Tapes.

Modification

Durton Studio / Erased Tapes reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date". By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

Acceptance of Terms of Use

YOU ACKNOWLEDGE AND AGREE THAT, BY USING THE SITE OR SERVICES. YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.

Rework Upload

In order to list your rework on the Site, you must firstly submit your real name / pseudonym, profile image, rework title, rework audio link, rework video link, rework image, optional text, your website link using the ‘Uploader’. You agree to provide accurate, current and complete information during the submission. Durton Studio / Erased Tapes reserves the right to not approve an upload, suspend or terminate your Profile if any information provided proves to be inaccurate, not current or incomplete.

Privacy

See Online's Privacy Policy at reworked.nilsfrahm.com/privacy for information and notices concerning Durton Studio / Erased Tapes’s collection and use of your personal information.

Responsibility for Works

You acknowledge and agree that you are solely responsible for all Original Image/Audio/Visual Reworks that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) as to Original Image/Audio/Visual Reworks that you make available through the Site and Services, you are the creator of all such Original Image/Audio/Visual Reworks and you are the sole and exclusive owner of all such Original Image/Audio/Visual Reworks (ii) as to Digital Works that you make available through the Site and Services, you are either the sole and exclusive owner of all such Original Image/Audio/Visual Reworks or you have all rights, licenses, consents and releases that are necessary to grant to Durton Studio / Erased Tapes the rights in such Original Image/Audio/Visual Reworks as contemplated under these Terms; and (iii) neither the Original Image/Audio/Visual Reworks that you make available through the Site and Services nor Durton Studio / Erased Tapes’s use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

General Prohibitions

You agree not to do any of the following:

Submit any real name / pseudonym, profile image, rework title, rework audio link, rework video link, rework image, optional text, your website link or other material that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities or substances.

Use, display, mirror or frame the Site, or any individual element within the Site, Nils Frahm's name, any Nils Frahm/Durton Studio / Erased Tapes trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Durton Studio / Erased Tapes express written consent;

Access, tamper with, or use non-public areas of the Site, computer systems or the technical delivery systems of Durton Studio / Erased Tapes providers;

Attempt to probe, scan or test the vulnerability of any Durton Studio / Erased Tapes system or network or breach any security or authentication measures;

Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Durton Studio / Erased Tapes or any of Durton Studio / Erased Tapes's providers or any other third party (including another user) to protect the Site, Services, Durton Studio / Erased Tapes Content or User Content;

Attempt to access or search the Site, Services, Durton Studio / Erased Tapes Content or User Content or download Durton Studio / Erased Tapes Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Durton Studio / Erased Tapes's or other generally available third party web browsers;

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

Use any meta tags or other hidden text or metadata utilising a Durton Studio / Erased Tapes trademark, logo URL or product name without Durton Studio / Erased Tapes's express written consent;

Use the Site, Services, Durton Studio / Erased Tapes Content or User Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Durton Studio / Erased Tapes Content or User Content to send altered, deceptive or false source-identifying information;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Durton Studio / Erased Tapes Content or User Content;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;

Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;

Impersonate or misrepresent your affiliation with any person or entity;

Violate any applicable law or regulation; or encourage or enable any other individual to do any of the foregoing.

Durton Studio / Erased Tapes will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Durton Studio / Erased Tapes may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Durton Studio / Erased Tapes has no obligation to monitor your access to or use of the Site or Services or to remove any User Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Durton Studio / Erased Tapes reserves the right, at any time and without prior notice, to remove or disable access to any User Content, listings for Reworks, Original Works or Digital Works, Durton Studio / Erased Tapes Content or any other text, graphics, images, software, music, audio, video, information or other content or material that Durton Studio / Erased Tapes, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Site or Services.

Ownership

The Site, Services and Durton Studio / Erased Tapes Content are protected by copyright, trademark and other laws of Germany, the European Union and foreign countries. Except as expressly provided in these Terms, Durton Studio / Erased Tapes and its licensors exclusively own all right, title and interest in and to the Site, Services and Durton Studio / Erased Tapes Content and Digital Works, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Durton Studio / Erased Tapes Content.

Copyright Policy

Durton Studio / Erased Tapes’s policy respects copyright law and expects its users to do the same. It is Durton Studio / Erased Tapes’s policy to terminate in appropriate circumstances of Users or Visitors who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Links/Information from Other Sources

The Site may contain links to third-party websites or resources. You acknowledge and agree that Screws Online is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Durton Studio / Erased Tapes of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

By providing us with external links to your work on third-party websites this Site will share certain information from your third-party website account. This includes your name (real name or pseudonym), a link to your third-party website profile, profile image and title of your work.

Termination and Account Cancellation

If you breach any of these Terms, Durton Studio / Erased Tapes will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Durton Studio / Erased Tapes reserves the right to revoke your access to and use of the Site, Services, Durton Studio / Erased Tapes Content and User Content at any time, with or without cause. In the event Durton Studio / Erased Tapes terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time by sending an email to support@nilsfrahm.com.

Disclaimers

THE SITE, SERVICES, DURTON STUDIO / ERASED TAPES CONTENT AND USER CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, DURTON STUDIO / ERASED TAPES’S EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. DURTON STUDIO / ERASED TAPES’S MAKES NO WARRANTY THAT THE SITE, SERVICES, DURTON STUDIO / ERASED TAPES CONTENT OR MEMEBR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. DURTON STUDIO / ERASED TAPES’S MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DURTON STUDIO / ERASED TAPES’S OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, DURTON STUDIO / ERASED TAPES’S DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF USERS OR OTHER USERS OF THE SITE OR SERVICES, NOR DOES DURTON STUDIO / ERASED TAPES’S MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY USERS OR USERS OF THE SITE OR SERVICES. DURTON STUDIO / ERASED TAPES’S MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES.YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Indemnity

You agree to defend, indemnify, and hold Durton Studio / Erased Tapes, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services, Durton Studio / Erased Tapes Content or User Content, or your violation of these Terms.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Services, Durton Studio / Erased Tapes Content and User Content remains with you. Neither Durton Studio / Erased Tapes nor any other party involved in creating, producing, or delivering the Site, Services, Durton Studio / Erased Tapes Content or User Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, Durton Studio / Erased Tapes Content or User Content, or from any communications, interactions or meetings with other Users of the Site or Services or other persons with whom you communicate or interact as a result of your use of the Site or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Durton Studio / Erased Tapes has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Nils Frahm/Durton Studio / Erased Tapes used herein are trademarks or registered trademarks of Durton Studio / Erased Tapes. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of Germany without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be Germany and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Durton Studio / Erased Tapes and you regarding the Site and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Durton Studio / Erased Tapes and you regarding the Site and Services.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Durton Studio / Erased Tapes's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Durton Studio / Erased Tapes may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Durton Studio / Erased Tapes via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of Durton Studio / Erased Tapes to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Durton Studio / Erased Tapes. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting Us

If you have any questions about these Terms, please contact us at support@nilsfrahm.com.