Unbenanntes Dokument1. Scope of Application, Definition of Terms
1.1 These General Terms and Conditions (T&C) form the contractual basis between the website operator for www.audiocabin.com (hereinafter “website”) and the users of the said website. The T&C shall be considered in the form valid at the time at which the parties enter into the agreement. General terms and conditions supplied by the users, or any other user regulations, do not apply, unless audiocabin explicitly agrees to their incorporation.
1.2 The website operator and contracting party for all users is Alexander Maas, Altforweilerstr. 12, 66740 Saarlouis, Germany (hereinafter “audiocabin”).
1.3 audiocabin reserves the right to change the existing T&C. Changes will be effected only in the case that there is a valid and founded reason. Possible reasons for changing the T&C include legal or technical changes, experience of user conduct or unintended gaps in clauses currently included in the T&C. Users shall be informed of these changes via e-mail and/or when they next visit the website. Users may choose not to accept the changes. In the case that changes are rejected, audiocabin reserves the right to terminate any existing agreement as of the date on which the changes become effective and binding. Changes shall be considered accepted and acknowledged if a user does not reject these changes within 14 days of the changes being announced by audiocabin.
2. Object of this Agreement
2.1 People and companies (hereinafter “users”) can visit www.audiocabin.com to obtain works of music (hereinafter “content” or “music”) from the website.
2.2 The contracting party and, as such, exclusive licensor for all works of music shall be audiocabin. Using the website does not constitute a contract between the user and the author of any content.
2.3 audiocabin offers two types of licenses: “Regular” and “Commercial”. The details of the regulations pertaining to these types of licenses can be found under “Rights of Use”.
3. Entering into an agreement, accepting the T&C, scope of the offer
3.1 By registering on the website, users accept the existing T&C and declare themselves of age, or to have obtained their parents’ or guardians’ consent to use the offer. In the case that a user does not agree to the existing regulations, they may not use the service.
3.2 audiocabin and the user enter into an agreement on licensing music when the user clicks on “Purchase” after having selected content. Prior to clicking “Purchase”, as part of the checkout process, the user can detect input errors at any time and correct them by clicking on the corresponding data fields. Having entered into an agreement, the user will receive confirmation via e-mail. The agreement is written in English. audiocabin shall save the wording of the agreement Users may access and download agreements into which they have entered at all times on audiocabin.com.
3.3 audiocabin shall strive to constantly expand its offer, to maintain it and to make it available. The offer shall constantly evolve and shall be reasonably adapted according to different parameters, such as user requirements, market requirements as well as the technical and business situation. The service shall therefore always be made available in its most current form. Users do not have any claim to the service offered remaining unchanged in terms of scope, content, or the inclusion of certain functions. They equally hold no claim to the offer being available and accessible at all times, nor to its functioning without fault.
3.4 If audiocabin learns that content already licensed to a user should not have been licensed, e.g. this constitutes copyright infringement, audiocabin shall immediately inform the user of this. audiocabin shall strive to provide an acceptable equivalent under the same licensing regulations.
3.5 audiocabin reserves the right to completely or partially withhold the services offered.
3.6 When registering on the website, users are obliged to complete all data fields on the registration form correctly and in full. In order to successfully register on the website, all requested data must be provided. The user confirms that the address provided for registration is also their billing address. The user shall ensure that their login data is not accessible to third parties and shall not disclose this data to any third party. If the user should lose their login data, they shall immediately inform audiocabin.
3.7 The user is not authorized to circumvent the website by attempting to contact authors in order to arrange direct licensing agreements with the authors.
4. Prices, Payment Methods, Fees
4.1 The prices quoted on the website are final and include statutory VAT.
4.2 Payments shall be effected via the payment service providers available and as selected during the order process. Users can choose between Paypal and Credit Card (Stripe).
4.3 Users are informed that music, for which collecting companies (e.g. GEMA, GVL etc.) have been authorized to assert the author’s rights, shall be subject to additional fees charged by the collecting companies when the music content is used in public. audiocabin does not have any influence over these fees. In the product overview on the website, audiocabin shall mark music that is subject to fees applied by a performance rights organization (P.R.O).
5. Rights of Use
5.1 audiocabin offers users two types of licenses: “Regular”(non-commercial) and “Commercial”. The choice of license depends on both how and to what extent the content is intended to be used.
5.2 The “Regular” license covers use of the content for all purposes that are not directly intended to generate profit and which are based on either private or charitable intentions. In the case that the revenue gained from a given project is intended only to cover the costs of the said project, or the revenue shall be used for exclusively charitable or non-profitable purposes, this license is appropriate. This includes (but is not limited to) the following types of use:
- Use of content by non-profit-organizations (NGOs)
- private wedding videos
- internet use (YouTube or Vimeo, where such a video channel is not offered commercially)
- private websites
- presentations (e.g. for school, education or professional purposes)
- non-commercial film and theater application
- Use of content in connection with applications and games (iOS/Android/online) where these are offered free of charge and free of advertisements
5.3 The “Commercial” license includes use of the content for all purposes that are primarily intended to generate profit. This includes (but is not limited to) the following types of use:
- TV or radio productions (incl. documentaries)
- talk shows and reality TV
- YouTube videos incl. monetization
- Advertising, in particular commercials, company presentations and product videos
- DVDs, CD-ROMs, USB sticks and other forms of data storage
- Audio- and video streaming
- Use of content in connection with applications and games (iOS/Android/online) where these are offered at a charge or are financed by advertising.
- Audiobooks
- Software
5.4 Unless otherwise stated, the user shall receive simple, non-exclusive rights of use without restrictions in terms of time and place. In all cases the rights of use shall be limited to a certain project or product, e.g. for a certain media project (a specific TV commercial for instance). Cut downs and edits of the project are included (e.g. a 15 seconds version of a commercial). In the case that the same content is to be reused for a repeated media project, it must be relicensed.
5.5 The following uses of the content are not authorized:
- Reselling the content or sub-licensing the music outside of the planned applications of use, particularly as a downloadable file, as a music catalogue or in an edited volume.
- Inclusion of the music into a company trade mark such as an audio logo or an audible brand.
- Using the content in an illegal way or in misconduct; this in particular covers use of the content for racist, xenophobic or pornographic purposes or those glorifying violence.
- Distortion of content
5.6 By obtaining a license the user does not obtain any property claim for the music, nor the right to the artist’s name or the name of work. The user may not present him or herself as the author of the content at any time.
6. Liability
6.1 audiocabin accepts unlimited liability, where damages have been caused by gross negligence or by willful intent.
6.2 Additionally, audiocabin assumes liability in cases where main duties have not been met due to slight negligence. This covers all duties which failure to fulfill negatively impacts the contractual purpose or the fulfilment of which is a prerequisite to executing the contract and which the client has reason to trust shall be fulfilled on a regular basis. In this case, however, audiocabin only assumes liability for predictable damages typical for the type of contract. audiocabin shall not assume any liability for slightly negligent behavior in regard to any duties other than the aforementioned.
6.3 If the rights to licensed music content are represented by a performance rights organization and the said content is nonetheless listed as P.R.O.-free, and the user subsequently faces P.R.O. fees, audiocabin will not assume liability in the following circumstances: a) audiocabin was unaware of the music being subject to P.R.O.-collection, and b) audiocabin will cede its right of recourse against the artist in the amount of damages incurred.
6.4 The aforementioned limitations to liability do not apply in case of death, bodily injury and damages to health, for defects after a guarantee for product conditions has been issued, or for defects that have been willfully concealed. Liability according to the German Product Liability Act remains unaffected.
6.5 Where liability limitations or exclusions apply for audiocabin, these also apply for the personal liability of its staff, representatives and assistants.
7. Privacy Protection
7.1 audiocabin saves and processes user-related data only as required and in line with legal provisions. audiocabin uses the personal data provided for use of the platform (e.g. name, e-mail address, physical address and payment data) to execute and process the existing contract. All data will be treated with confidentiality and will not disclosed to any third party other than those involved in the order, delivery or payment process, unless audiocabin has a legal obligation to do so (e.g. toward investigating and tax authorities).
7.2 All users have the right to submit a free written request for information regarding the personal data which audiocabin holds about them. Additionally, all users have the right to amend incorrect data, and to request that their personal data is blocked or deleted, provided that there is no opposing legal obligation for this data to be retained. Incidentally, all data stored shall be deleted, once the purpose for which the data had to be saved has become obsolete, or in the case that deletion of the said data is required by law.
8. Final Provisions
8.1 All agreements between audiocabin and its users shall be governed by the law of the Federal Republic of Germany and both UNCISG as well as reference provisions in German private international law shall explicitly not apply, unless legal provisions mandate a corresponding application.
8.2 In the case that a user identifies as a tradesman or a special body governed by public law, the place of jurisdiction shall be audiocabin’s registered address.
8.3 Where individual provisions of the existing contract prove to be legally ineffective, this shall not affect the remaining provisions of the existing contract.
