RAKITA

HOER Terms of Use

For free membership and paid membership subscriptions

1 HOER Platform, description of services

1.1 HOER is a place for collectives and musicians to express themselves, create a global community and connect music lovers while also focusing on empowering women, BIPOC, LGBTQI & non-binary people. The mission of HOER is to promote and feature the diversity of electronic music culture. ​​On its online platform hoer.live, HOER is broadcasting and hosting music performances of usually more than one hundred and twenty individual artists per month. The access to the HOER online platform, the streams and other content is free. A registration is not required in order to use most features. However, the free basic registration at hoer.live grants access to some additional features (free basic registration, see sec. 2).

 1.2 HOER also offers complementary paid membership plans. The memberships grant access to a number of additional exclusive features (described in num. 4). Goal of the complementary features is to allow greater participation and extend the HOER experience. As part of the membership plan, we are establishing an Artists’ Share model that will equally and evenly divide the income from subscriptions with the participating artists after covering HOER’s infrastructure and operating costs.

1.3 These terms and conditions apply on all membership subscriptions which are concluded with HOER:

HOER DOT LIVE GmbH

Karl-Marx-Allee 122, 10243 Berlin

Commercial register court: Amtsgericht Berlin Charlottenburg, HRB 235396 B 

Managing Directors (Geschäftsführer): Tor Goffer, Ori Itshaky, Doron Mastey 

Email: support@hoer.live

‍ VAT identification number in accordance with § 27a of the UStG (German Value Added Tax Act): DE 348002316

2. Basic Registration

2.1 The user is not required to register to use most features of the hoer.live platform. However, registered users have access to some additional features (for example the calendar feature). The basic registration is free. 

2.2 When registering to use the platform, the user provides an email address and chooses a username and password for the account. The user has to ensure that the email address provided is valid and remains valid as long as the account is not deleted. All data and any other information provided by the user are treated in accordance with the HOER privacy policy.

2.3 HOER reserves the right to refuse, disallow, remove or reassign certain usernames in certain circumstances, as determined in its sole reasonable discretion, and it may suspend or close any account, with or without warning, if activity occurs on the account that, in HOER’s reasonable judgment, would or may violate these Terms of Service, the HOER Community Guidelines or any applicable law or regulation, or violate the rights of any third party.

2.4 When choosing the username or using the platform (e.g. by making comments), the user shall not knowingly impersonate any person or entity, pretend to do so or provide false information about his affiliation with another person, entity or other third party.

2.5 The user may delete the account at any time in by sending us a message in text form to

HOER DOT LIVE GmbH, Karl-Marx-Allee 122, 10243 Berlin, support@hoer.live

or by using the “delete account” button in the membership menu (URL: https://hoer.live/my-account/edit-account/). HOER retains the right, at its sole discretion, to close any registered user account or take any other action that HOER deems appropriate if the user is in breach with these terms of use. 

2.6 The rights to the user account and to make use of its functions and benefits belong exclusively to the account holder. The account holder is not entitled to allow third parties to use the account or to make the use and benefits of the account accessible to third parties in any other way. This also applies to the paid membership features (e.g. the user is not allowed to pass account details to other parties so that they can make use of the discount for the HOER shop).

3. Sign up for a paid membership subscription

3.1 In order to access the HOER membership subscription benefits, the user requires a registered account on hoer.live and needs to choose a paid membership subscription plan. 

3.2 The presentation on the website does not constitute a legally effective offer. The presentation of the service merely prompts the customer to make an offer.

3.3 On the page hoer.live/members/ the user can conclude a paid membership, which gives the user access to the functions and advantages mentioned in section 4.1.

3.4 After choosing a subscription plan, the user clicks on the “Let’s Go” button. On the next page, the user can summarize and review the order and enter payment information. After consenting with the terms and conditions and the information on the consumers right of withdrawal, the user can make a legally binding offer to conclude a contract on a paid membership by clicking on the “Buy now” button. A contract is only concluded when HOER accepts the offer. HOER will inform the user via e-mail about the acceptance of the proposal. With the proposal being accepted, a contract is concluded between HOER and the user.

4 Description of the scope of services for paid membership subscriptions

4.1 The paid membership subscription gives the user access to additional features, benefits, extended functions and new usage options for the HOER website (membership benefits and extended functions). These are in particular:

1. Support HOER – Keep HOER up and running

HOER has been running primarily as a voluntary project – broadcasting six days a week and hosting more than one hundred and twenty individual artists per month. After three years of operation, we now need to build a strong foundation that will help us to provide reasonable compensation for all the great artists and to push HOER forward. Building the HOER platform has been one of our efforts, and we hope you’re enjoying it. Your subscription fees will help us maintain this space for artists and collectives to operate from.

1. Support Artists – Contribute to our Artists’ Share Model.

Becoming a member supports us, to develop our Artists’ Share Model, which exists to benefit the artists. After covering our infrastructure and operating costs, we will share the earnings we raise from memberships equally and evenly with the artists and DJs who perform on our platform. The details on the Artist’s Share Model will be developed later. HOER reserves the right to decide about the details on artist compensation, especially whether and under what conditions the artists are remunerated.

1. Track ID – Discover new tracks

The Track ID feature will show the playlist of the shows. It’s an easier way of discovering tracks played by the artists. While we are constantly adding new track ID’s, we do not guarantee that all shows will receive track ID’s. 

1. Favorites – Easily listen to your saved shows and tracks

Save all your shows and Track IDs in one place, easy access and organize your favorite content and improve your digging experience

1. Live Comments – Connect with other members

Access the ability to interact and connect live with other like-minded people on our platform.

1. Shop – Get a discount on our shop items and apparel

As a subscriber, the user will receive a discount on HOER shop items that are purchased in the HOER web shop (shop.hoer.live). The discount applies to all sales contracts that are concluded between the subscriber and HOER on HOER shop items during the term of a subscription. Some items might be excluded from the discount. This especially applies for marked brand collaboration items. The discount also does not apply to vouchers. Furthermore, the discount cannot be combined with other discount campaigns or discounts. The amount of the discount is 10 percent of the purchase price for holders of a monthly subscription and 15 percent of the purchase price of the respective subscription for holders of an annual subscription.

We would like to point out that the HOER shop is currently operated and loaded with products on an occasional basis only. We can therefore not guarantee that products can always be purchased in the HOER shop. We encourage you to drop by from time to time.

1. Kryptonite Brick – Numbered “HÖR Member Club” brick – for annual memberships only

You receive one of our exclusive Kryptonite Brick-Numbered “HÖR Member Club” for free. The item is send to your location on our expense. 

1. HÖR Events – Priority queue at our events – for annual memberships only

You have access to the priority queue at our events. However, this does not include a ticket for the event, which has to be acquired. Also limitations or special rules for entering the event might apply.

1. Festivals – Tickets raffle to festivals we team up with – for annual memberships only

Participation in ticket raffles to festivals we team up with.

4.2 HOER reserves the right to add, further develop and modify the membership benefits from time to time. HOER will inform the user about changes.

4.3 The subscription does not cover the availability or readiness for retrieval of certain HOER content.

5. Billing and Payment

5.1 The user is responsible for ensuring that the billing information (credit card or account details for the purpose of SEPA direct debit, etc.) is complete, up-to-date and permissible in order to ensure punctual payments. The billing information can be viewed and changed at any time in the “My Account” area in the HOER service.

5.2 HOER is also entitled to block access to the subscription if the user is in arrears with a payment or if the billing data/documents transmitted does not lead to punctual and full payment of due claims by HOER. 

6. Contract Term and Termination

6.1 The monthly paid membership subscription is extended by a further month if not terminated. It can be terminated by the user at any time with a notice period of 4 weeks.

6.2 The annual subscription is automatically extended by another year after the end of the initial contract period of one year, unless the user cancels within a period of 4 weeks before the end of the term.

6.3 The subscription can be canceled at any time within the given notice periode online on the HOER website (hoer.live/my-account/subscriptions/) using the Button “cancel” button/link, which is available in Subscriptions tab in the HOER user account or via HOER customer service. A confirmation of the cancellation will be sent by e-mail in which HOER confirms the end of the subscription and communicates the exact end date of your subscription.

6.4 If the user cancels the membership, the account will be automatically closed at the end of the current billing period.

6.5 HOER is also entitled to cancel a subscription by notification in text form with a notice period of 4 weeks to the end of a subscription period. The right of both parties to extraordinary termination remains unaffected.

6.6 Once an account has been closed, all information and data which the user provided or that relate to any activity associated with the account will be irrevocably deleted. This does not apply if HOER is required or permitted to retain that data or information for a period of time in accordance with applicable law and regulation and/or to protect our legitimate business interests. 

7. Permitted use and Code of conduct

7.1 One’s own opinion and the opportunity to express it are among the greatest assets of our free society. HOER is fully committed to the right to freedom of expression. It is not permitted to post content or messages on HOER (e.g. in comments) or to use the HOER services in any other way that violate HOER’s general terms and conditions or community guidelines. Example of improper use:

1. Violation of third party copyrights or trademark rights or other intellectual property rights
2. Harassment, insults, slander, dissemination of the most racist content
3. Hateful behavior, threats, especially threats of violence, incitement to commit crimes
4. Sexual content, in particular sexualized violence
5. Violation of the highly personal sphere of life of others
6. Repeated and persistent use for off-topic discussions
7. Posting advertisements or other promotional content without the consent of HOER
8. The behavior represents a danger to others or to the technical operation of HOER
9. Distribution of content that is unconstitutional or unlawful in the legal sense

7.2 HOER reserves the right to remove inadmissible user content (e.g. comments). Furthermore, in the event of serious or repeated misconduct, in particular violations of the HOER platform rules, HOER reserves the right to terminate the membership subscription extraordinarily and without notice and/or to temporarily or permanently exclude the user from further use of the platform.

7.3 The user must not knowingly impersonate any person or entity or otherwise misrepresent the user’s affiliation with any person or entity, such as by registering an account in the name of another person or entity or by using the name of a send messages or make comments to another person.

8. Widerrufsrecht und Widerrufsbelehrung / Right of withdrawal

Below are instructions on the right of withdrawal and model withdrawal forms for withdrawal in German and English language. There are no differences in content. The user may choose the more familiar language variant.

WIDERRUFSBELEHRUNG

Widerrufsrecht

Sie haben das Recht, binnen vierzehn Tagen ohne Angabe von Gründen diesen Vertrag zu widerrufen. Die Widerrufsfrist für Dienstleistungen beträgt vierzehn Tage ab dem Tag des Vertragsabschlusses.

Um Ihr Widerrufsrecht auszuüben, müssen Sie uns:

HOER DOT LIVE GmbH

Karl-Marx-Allee 122, 10243 Berlin

Email: contact@hoer.live

mittels einer eindeutigen Erklärung (z. B. ein mit der Post versandter Brief, Telefax oder E-Mail) über Ihren Entschluss, diesen Vertrag zu widerrufen, informieren. Sie können dafür das Muster-Widerrufsformular auf unserer Internetseite verwenden oder uns eine andere eindeutige Erklärung übermitteln. Machen Sie von dieser Möglichkeit Gebrauch, so werden wir Ihnen unverzüglich (z.B. per E-Mail) eine Bestätigung über den Eingang eines solchen Widerrufs übermitteln.

Zur Wahrung der Widerrufsfrist reicht es aus, dass Sie die Mitteilung über die Ausübung des Widerrufsrechts vor Ablauf der Widerrufsfrist absenden und Sie die Waren über unser Online-Rücksendezentrum innerhalb der unten definierten Frist zurückgesendet haben.

Für zusätzliche Informationen hinsichtlich der Reichweite, des Inhalts und Erläuterungen zur Ausübung wenden Sie sich bitte an unseren Kundenservice.

Folgen des Widerrufs

Wenn Sie diesen Vertrag widerrufen, haben wir Ihnen alle Zahlungen, die wir von Ihnen erhalten haben, einschließlich der Lieferkosten (mit Ausnahme der zusätzlichen Kosten, die sich daraus ergeben, dass Sie eine andere Art der Lieferung als die von uns angebotene, günstigste Standardlieferung gewählt haben), unverzüglich und spätestens binnen vierzehn Tagen ab dem Tag zurückzuzahlen, an dem die Mitteilung über Ihren Widerruf dieses Vertrags bei uns eingegangen ist. Für diese Rückzahlung verwenden wir dasselbe Zahlungsmittel, das Sie bei der ursprünglichen Transaktion eingesetzt haben, es sei denn mit Ihnen wurde ausdrücklich etwas anderes vereinbart; in keinem Fall werden Ihnen wegen dieser Rückzahlung Entgelte berechnet.

Haben Sie verlangt, dass die Dienstleistungen während der Widerrufsfrist beginnen sollen, so haben Sie uns einen angemessenen Betrag zu zahlen, der dem Anteil der bis zu dem Zeitpunkt, zu dem Sie uns von der Ausübung des Widerrufsrechts hinsichtlich dieses Vertrages unterrichten, bereits erbrachten Dienstleistungen im Vergleich zum Gesamtumfang der im Vertrag vorgesehenen Dienstleistungen entspricht.

ENDE DER WIDERRUFSBELEHRUNG

Muster-Widerrufsformular

(Wenn Sie den Vertrag widerrufen wollen, dann füllen Sie bitte dieses Formular aus und senden Sie

es zurück.)

– An:

HOER DOT LIVE GmbH

Karl-Marx-Allee 122, 10243 Berlin

Email: support@hoer.live

– Hiermit widerrufe(n) ich/wir (*) den von mir/uns (*) abgeschlossenen Vertrag über den Kauf der

folgenden Waren (*)/die Erbringung der folgenden Dienstleistung (*)

– Bestellt am (*)/erhalten am (*)

– Name des/der Verbraucher(s)

– Anschrift des/der Verbraucher(s)

– Unterschrift des/der Verbraucher(s) (nur bei Mitteilung auf Papier)

– Datum

___________

(*) Unzutreffendes streichen.

INSTRUCTIONS ON WITHDRAWAL 

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us 

HOER DOT LIVE GmbH

Karl-Marx-Allee 122, 10243 Berlin

Germany

Email: support@hoer.live

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

END OF INSTRUCTION ON RIGHT OF REVOCATION

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

– To

HOER DOT LIVE GmbH

Karl-Marx-Allee 122, 10243 Berlin

Germany

Email: support@hoer.live

– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the

following goods (*)/for the provision of the following service (*),

– Ordered on (*)/received on (*),

– Name of consumer(s),

– Address of consumer(s),

– Signature of consumer(s) (only if this form is notified on paper),

– Date

___________

(*) Delete as appropriate.

9. Statutory warranty

The statutory provisions apply.

10. Grant of Rights

10.1 The HOER content (videos, audio titles, music streams and other materials, Track IDs etc.) are protected by copyright and, if necessary, under other legal aspects. The user can stream HOER content for personal, non-commercial use. The user is not entitled to use HOER content beyond the use permitted in this granting of rights.

10.2 In particular, the user is not entitled to reproduce, attempt to reproduce, rip, record, modify, disassemble, convert, change, and pass on, make available, exchange or otherwise publicly reproduce, display, perform, transmit, share, republish, distribute or otherwise exploit any content, especially audio content, from the HOER Platform or any part of the Platform. 

11. Obligations of the user

11.1 As the “account holder”, the user is responsible for all activities related to the HOER account. In order to maintain control of the account and prevent access by unauthorized persons, the account holder should always have control over the devices used to access the service and should not pass on the password or account details for the selected payment method to third parties. If the username or password is lost or has been made available to unauthorized third parties, the user should inform HOER and change the password at the earliest opportunity.

11.2 The user is also responsible for updating the information provided in connection with your account and for ensuring that it is always up to date.

12. Modification of Services and Terms of Use

12.1 For users with a basic registration, HOER reserves the right, at any time and for any reason, to temporarily or permanently suspend, change, modify or alter, interrupt, terminate or discontinue the access to all or part of the Platform for. In case of a temporary or permanent suspension or termination of access, HOER will inform the registered users in advance and within a reasonable notice period about such decision.

12.2  HOER is entitled to change or modify the features of any account type, withdraw features, products or account types, or introduce new features or account types at any time and for any reason, and may change the prices charged for its paid membership subscriptions from time to time. In case the changes result in a price increase or a significant reduction in the features of a paid membership subscription, affected users will be notified of such change(s) and will only take effect with regard to the subsequent renewal of your subscription. 

12.3 Provided that changes do not unreasonably disadvantage the user, HOER is entitled to change these terms and conditions and other terms of service, in whole or in part, at any time for the following reasons: For legal or regulatory reasons; for safety reasons; to further develop or enhance existing features of the Services and to add additional features; to take technical progress into account and to make technical adjustments and to ensure the future functionality of the services. Before making changes, HOER will inform the user within a reasonable period of time and point out the rights to which he is entitled. The customer has the option to close the user account at any time. If any change is found invalid, void, or for any reason unenforceable, this will not affect the validity and enforceability of any remaining changes or terms.

13. Closing Provisions

13.1 Contract language is English.

13.2 German law applies to the exclusion of the UN sales law (CISG) and the conflict of laws. If the usual place of residence of the user is in another country, the non-exclusive jurisdiction of the courts in Berlin is agreed. If the user is a consumer with his habitual residence in the EU, he also enjoys the protection of the mandatory provisions of the law applicable in the country of residence. As a result, the user can assert claims in connection with these terms of use, which result from consumer protection statutes, either in Berlin (Germany) or at the responsible court in the EU member state in which the user lives.

13.3 The European Commission provides a platform for online dispute resolution, which you can find at https://ec.europa.eu/consumers/odr/. HOER does not participate in consumer arbitration proceedings. Please contact HOER directly with all questions and problems.

13.4 The invalidity of a provision does not affect the validity of the other provisions of the contract. Should this occur, the meaning and purpose of the provision should be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.