TERMS OF USE
Welcome to SOURSZ.COM (referred to as the “Site“), operated by Swiss Creative Global Sàrl (hereinafter referred to as the “Company,” “we,” “us,” or “our“). These Terms of Use (“Legal Terms“) govern your use of our Site and related products and services (collectively, the “Services“). By accessing or using our Services, you agree to comply with these Terms. If you do not agree with these Terms, please do not use our Services.
Company Information:
Swiss Creative Global Sàrl (Doing business as SOURSZ)
Limited Liability Company Registered in Switzerland (Canton of Fribourg)
Registered Address: Rue de la Lécheretta 21, Bulle 1630, Switzerland
UID: CHE-410.703.306
CH-ID: CH-217.3.585.298-4
Service Description:
SOURSZ.COM a music-related platform operated by Swiss Creative Global Sàrl. Our platform offers a wide range of tools and services designed to facilitate music matching, communication, and music promotion. With a commitment to enhancing the digital experience for our users, SOURSZ.COM connects musicians, artists, and music lovers to various features and music-related tools and services, while fully complying with industry standards and guidelines.
Service Policies: To ensure a transparent and compliant service, we adhere to the following policies:
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Privacy Policy: We prioritize user data protection and privacy. Our privacy policy details how we collect, use, and protect user information.
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Refund Policy: In the event of service-related concerns, our refund policy provides information on eligibility and procedures for requesting refunds.
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Cookie Policy: Our cookie policy explains how we use cookies and similar technologies to enhance user experiences while maintaining user privacy.
Contact Information: If you have any questions or require assistance, please don’t hesitate to contact us.
Advertisements: Users are informed that the service may contain advertisements, and these advertisements are necessary to support and provide the service. In other words, the platform relies on advertising to maintain its operations.
Communications from SOURSZ.COM: Users acknowledge that they may receive various types of communications from SOURSZ.COM. This includes service announcements, messages from other users, administrative messages, and updates to their personal profiles. These communications are considered an integral part of the SOURSZ.COM membership, and users cannot opt out of receiving them.
New Features: Any new features or enhancements to the current service, including the introduction of new properties related to SOURSZ.COM, will be subject to the terms of service. This means that users should be aware that changes and updates to the platform may occur.
Service “AS-IS”: Users are reminded that the service is provided “AS-IS,” meaning it is offered in its current state without any guarantees or warranties. SOURSZ.COM does not take responsibility for the timeliness of communications, the deletion of user content, or the failure to store user preferences and settings.
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access.
- confirm that you have read and agree with our ‘PROHIBITED ACTIVITIES‘ and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
- warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licences to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
- warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorised framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (‘gifs’), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanisms’ or ‘pcms’).
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
- Sell or otherwise transfer your profile.
- Use the Services to advertise or offer to sell goods and services.
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
20. DISPUTE RESOLUTION
Binding Arbitration
Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the Ombudsstelle E-Commerce in Switzerland. The seat of arbitration shall be Bulle, Switzerland. The language of the proceedings shall be French. Applicable rules of substantive law shall be the law of Switzerland.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Website Disclaimer for Swiss Creative Global Sàrl d/b/a Soursz (“Soursz”)
1. Affiliations and Trademarks
Swiss Creative Global Sàrl, operating under the name Soursz, is not affiliated, associated, authorized, endorsed by, or in any way officially connected with Universal Music Group, Sony Music, Warner Music Group, Atlantic Records, Spotify, Meta, DistroKid, Ditto Music, TuneCore, CD Baby, UnitedMasters, or any of their subsidiaries or affiliates. The trademarks displayed on this website, including but not limited to Spotify, are the property of their respective trademark owners and are used on this website for descriptive purposes only. Soursz’s use of these trademarks does not imply any affiliation with or endorsement by their respective owners. This statement is compliant with the Federal Act of 19 December 1986 on Unfair Competition under Article 3 of the Unfair Competition Act (UWG).
2. No Guarantee of Results
Soursz provides promotional tools and services designed to assist musicians and artists in enhancing visibility and engagement. However, we do not guarantee specific results such as streams, royalties, followers, placements, or other performance metrics. The success of promotional efforts depends on factors that are outside of our control, including but not limited to the artist’s talent, music industry conditions, the quality and appeal of the music, and audience response.
3. User Responsibility for Third-Party Compliance
Soursz does not manage or operate any accounts on third-party platforms and does not agree to any terms of service of such platforms. Users of third-party platforms must agree to their terms independently. Soursz and its assets are not users of these services and have no connection with them. Users of our services are responsible for ensuring their use complies with the terms, guidelines, and policies of any third-party platforms involved. Users must hold all necessary rights to the content they promote and are solely responsible for any violations of third-party rights or terms of service.
4. Intellectual Property Rights
Users retain ownership and responsibility for the intellectual property rights of the content they promote using Soursz’s services. By using our services, you grant Soursz a non-exclusive, royalty-free license to use your content to the extent necessary to provide the promotional services agreed upon.
5. Limitation of Liability
Soursz shall not be liable for any direct, indirect, incidental, consequential, or punitive damages resulting from the use of our services or from the inability to use the services. This limitation of liability applies to damages arising from the use of our services, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party on the service, or any other matter relating to the service.
6. Amendments to the Disclaimer
We reserve the right to amend this disclaimer at any time. Any changes will be effective immediately upon posting on the website. Your continued use of our services after such changes will constitute your acceptance of the new disclaimer.
7. Governing Law and Jurisdiction
This disclaimer and any disputes related to the services provided by Soursz shall be governed by and construed in accordance with the laws of Switzerland. Any legal actions or proceedings shall be conducted exclusively in the courts of Switzerland.
8. Disclaimer of Warranties
The services provided by Soursz are offered on an “as-is” and “as-available” basis. By using our services, you agree that your use is at your sole risk. To the fullest extent permitted by law, Soursz disclaims all warranties, express or implied, in connection with the services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Soursz makes no warranties or representations about the accuracy or completeness of the services’ content or the content of any websites or mobile applications linked to the services.
Soursz assumes no liability or responsibility for any of the following:
1. Errors, mistakes, or inaccuracies of content and materials.
2. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services.
3. Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein.
4. Any interruption or cessation of transmission to or from the services.
5. Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the services by any third party.
6. Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services.
Soursz does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. Soursz will not be a party to or in any way responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Swiss Creative Global Sàrl
(Swiss Creative Global Ltd liab. Co.)
Rue de la Lécheretta 21
1630 Bulle
Switzerland
Help Center
Customer support: +41 (0)76 529 28 49
Legal: +41 (0)76 472 04 60
Customer support: [email protected]
Legal: [email protected]
UID: CHE-410.703.306