The User declares that they acknowledge the following information before visiting the website. By accessing the site, the User expressly and irrevocably agrees to be bound by the conditions set out below.

Conditions of use for the online services of VxM.ch, launched by DRS Musikwelle

1. Applicability

These Conditions of Use govern the use of the online services (communication and data storage services) provided by SRG SSR idée suisse, specifically the public artist's page, "Playlist" and "Comments" services.

Users must be at least 13 years old to use VxM.ch services.

2. Services offered by VxM.ch

As far as technically and operationally feasible in the existing circumstances, SRG SSR provides online services which allow Users to run a public artist's page (open to Swiss musicians or musicians resident in Switzerland only), to manage a musical playlist and to enter comments.

Public artist's pages are dynamic internet sites which are edited and maintained online and can be filled with content. Registered users may, subject to the conditions set out in Section 4, use these pages to enter and publish text and pictures, links to other websites, blogs and audio services. Registered and unregistered Users may also download audio files, provided such files have been released for download by the authors, and may also record comments on public artist's pages under the conditions set out in Section 4. Musical playlists are lists of audio tracks which users can listen to on the site and organise into a specific order.

To use these services, Users must have an internet connection and the appropriate IT equipment, any costs of which they must bear.

3. Personal User data / registration

When registering for the online services, Users select a user name, password and band name for their public web page.

Users are required to ensure that their login data (password, etc.) for VxM online services are kept confidential and to prevent access by third parties. Users bear full responsibility for all actions undertaken via their account using their login data.

Users must give an assurance that the personal data they enter are complete and true. Users accept that their file will be registered and stored electronically by SRG SSR. No files will be passed on to third parties.

Incomplete registration and untrue information will result in Users being rejected. Users are obliged to keep their personal data up to date and must provide immediate notification of any change of address (new home, new e-mail, etc.). SRG SSR reserves the right to delete incorrect or untrue information.

In handling the user's information, SRG SSR undertakes to comply with the applicable statutory provisions.

4. Responsibilities on the part of the User

Users are themselves responsible for all of the content published on their public artist's page, for the names of their playlists and for their comments. Given the volumes involved, SRG SSR does not check the content that is published via its VxM services.

Users undertake, in particular, not to publish any content which violates applicable Swiss law and/or the rights of third parties, including their personal rights.

Furthermore, customers must refrain from offering or providing links to the following content:

• Content which, according to common standards of decency and, in the final instance by decision of SRG SSR, is regarded as obscene, insulting, defamatory, offensive, pornographic, a form of harassment, racist, xenophobic or otherwise objectionable;

• Content which might harm the image of RSR, SR DRS, RTSI, Radio Rumantsch or SRG SSR idée suisse;

• Content which – beyond the promotion of the User's music – constitutes advertising for third-party companies, sexual services, text message or MMS services, personal loans, medicines, alcohol or tobacco;

• Content which might harm others, such as viruses, trojans, spyware, phishing mails or instructions on how to produce such content.

In this regard, Users indemnify SRG SSR against any and all recourse, legal dispute, damages claim or other action or claim which third parties might institute or enforce in any capacity in connection with the input of the Users' data, including pictures and comments.

· Where Users upload their music to the new VxM music portal, the music cannot be downloaded by visitors to the site unless the User in question specifically authorises downloads in their profile.

· Users grants SRG SSR all such copyrights and related industrial property rights which are required to use the music on VxM. Rights exercised by performing rights societies such as SUISA and/or performers' associations are reserved.

· Users must provide an assurance that they hold rights of disposal over the music, including in relation to musicians, the band and their label.

· In this regard, Users must indemnify SRG SSR against any and all recourse, legal dispute, damages claim or other action or claim which third parties might institute or enforce in connection with the publication of Users' music.

· Users' music may be discovered by station management and broadcast on SRG SSR radio stations. It is taken for granted that even if the music has not yet been released – and especially if this is the case – the User consents to such promotion without further discussion.

· Users may download audio files, provided they have been released by the authors for download. Any download must be used for private purposes only. Any other – and specifically commercial – use remains expressly reserved.

5. Suspension of VxM user accounts by SRG SSR

SRG SSR reserves the right to suspend the user account, public artist's page or playlist of a User at any time without stating its reasons or complying with any notice periods. It may also delete published text, pictures, audio files and other files uploaded by the User in question, as well as their comments. This applies in particular if the User fails to comply with the obligations set out above. Such a violation may also have consequences for the User themselves under civil or criminal law.

6. Restrictions on liability

SRG SSR is not liable in any way for the uninterrupted availability of the server, the content and stored news, for the functioning of the service or for the accuracy, suitability, reliability or precision of the published information. This applies in particular to information which is disseminated by the platform's Users.

SRG SSR accepts no liability for the loss of data and/or for other losses incurred by Users or third parties from the use of the services.

SRG SSR accepts no liability for the functioning or compatibility of hardware used by the User. Users are themselves responsible for the hardware they use.

7. Third-party data access via the internet

Users accept the risk that data transmitted via the internet may be read without authorisation by third parties.

8. Support

SRG SSR does not offer any form of technical support in connection with the use of the service.

9. Communications

SRG SSR communications to registered users will be sent out by e-mail. Users accept that SRG SSR will inform them of new VxM-related offerings.

10. Costs

VxM online services, and public artist's pages in particular, are free of charge to users and visitors.

11. Data backup

The data stored by Users under their account is backed up regularly by SRG SSR. Should data nonetheless be lost, SRG SSR will make every effort to restore the system prior to the data loss. No obligation exists in this regard, however.

12. Links

Users of these services may set up direct or indirect links ("hyperlinks") to other websites or other sources (such as pictures or stations) on their public artist's page or in their comments. SRG SSR does not check these hyperlinks and does not guarantee the availability of external sources. SRG SSR has no influence on the current or future design, content or authorship of linked sites. SRG SSR assumes no liability for illegal, incorrect or incomplete content or, specifically, for loss or damage resulting from the use or non-use of the information such sites contain.

13. Release from liability

Users undertake to indemnify SRG SSR against any and all liability and all financial and other obligations which might arise owing to damage or loss as a result of defamatory remarks, libel, violation of personal rights, the unavailability of services to Users or the violation of intellectual property or other rights. In any such case, the costs incurred by the service or by its employees and/or third parties for legal action must be borne by the User.

14. Amendments to the Conditions of Use and to the service

SRG SSR may amend and/or extend these Conditions of Use at any time. SRG SSR reserves the right to modify, interrupt and temporarily or permanently suspend VxM online services at any time without having to inform Users. Such action does not give rise to any claims for damages or other guarantee claims on the part of Users.

15. Entry into force, duration and termination of the agreement

The agreement between VxM and the User comes into being with the allocation to the User by SRG SSR of an VxM user account. The agreement is valid for an unlimited period and may be terminated by either party at any time.

16. Applicable law and legal venue

Swiss law applies, even where users from other countries are registered. The legal venue is Bern.

SRG SSR August 2007