1/Intermediary role of Labelcrush
The ultimate aim for Labelcrush is to create a safe and thrustworty platform that connects buyers with sellers, and vice versa. Labelcrush remains therefore a mere intermediator and can never be seen as a party in the agreements between users. Labelcrush can therefore not be held to perform the obligations of the website-users, nor can Labelcrush be liable for any actions performed by the website users.
This intermediary role is to be stressed regarding to the legal obligations of sellers on the platform. Every seller should, as an individual party, comply with the general legal obligations that exist, such as consumer law and e-commerce law. Labelcrush has informed the sellers of these legal obligations and created her website in such way that these legal obligations can be easily fulfilled. Labelcrush is therefore not liable when a seller has failed to comply with these rules.
To conclude; Labelcrush remains at all times an independent website-provider with an engagement to create a high quality website. Labelcrush remains in the possibility to alter her services at all times.
2/ Use of the website
Every use of the Labelcrush-website is at own risk. The website preserves an essential role for its users which implies that content, links and downloads cannot always be checked on desirability and legality. The website is furthermore, due to its public character, a possible target for rogue actions by third parties. Labelcrush does not allow such use of the website and attempts to nil down the risks. A realistic view implies that this is an obligation of best effort from Labelcrush, which limits her liability consequently.
Labelcrush’s only obligation is to perform the connection between buyers and sellers, regardless any premium-accounts. This obligation is also an obligation to best effort. However Labelcrush cannot guarantee the all-time accessibility and/or safety nor the undisrupted and/or un-interfered use of the website and its services. Labelcrush is, consequently, not liable for any indirect damages, damages due to force majeure or causes foreign to Labelcrush.
3/ Content on the website
Every user plays a vital role in the existence of the Labelcrush-website as they are the main provider of content on the website. Labelcrush is a so-called ‘user-generated content’-website. This implies that the users are the prime responsible for the content that they embay, for example in terms of accuracy, offensive or violating content. Although Labelcrush may perform an active role in making the content public, this can never be seen as an acceptance of the content and a shift of responsibility. Labelcrush can therefor never be held liable for any violations of legal provisions and rights of third parties.
Labelcrush assigns all its users a duty to notify possible violations regarding to content, and reserves the right not to act upon notification. Labelcrush puts the responsibility for any foreign content on the website solely at the source.
4/ Intellectual Property
The Labelcrush-website and its content are protected by Intellectual Property rights, which belong to Labelcrush or the rightful claimant. Such Intellectual Property relates to trademark-law, copyright-law, software-law and database-law etc. Labelcrush is a registered trademark at OHIM, under filing number 012338927. Every user should be aware of the existence of these rights and make sure that their actions don’t infringe these rights. The Intellectual Property on content includes both own ‘Labelcrush’-content and content of users and third parties.
The user should ask explicit permission upon infringing such rights, or should in case of doubt at least contact Labelcrush or the rightful owner.
The liability of Labelcrush is restricted as mentioned in the General User Agreement. Labelcrush is in no way liable for damage due to ‘foreign actions’, such as force majeure or actions of users and third parties. The users are held to safeguard Labelcrush from any consequences, in such case. Labelcrush may take any measure that is necessary in order to reach satisfaction, including judicial measures.