Terms and Conditions
Creative Sounds - Terms and Conditions
No. 1 Agreement
Creative Sounds offers to the customer the release of music tracks in the form of MP3 files. When you send the order email, order the MP3 files you have selected and marked to the following terms. Before you do so, carefully read the terms of the contract. By sending an order email or a telephone order, you declare that you have read the terms of the contract and agree with you. These conditions are the sole determinant of the contract. Other conditions do not accept Creative Sounds.
Of course, you can print the terms and conditions. If you would like to have the terms also in printed form, we will send them to you free of charge (customer service @ Creative Sounds.de).
Descriptions and descriptions of the MP3 files on the Internet and in product descriptions do not represent guarantee claims of Creative Sounds. The customer is aware of the technical possibilities and conditions of use of the MP3 files. Creative Sounds may provide additional technical details upon request.
If you place an order with Creative Sounds, we will send you an e-mail confirming the receipt of your order with us and listing its details
(Order confirmation). This order confirmation does not represent acceptance of your offer, but is only intended to inform you that your order has been received by us. We can accept your order by sending an order confirmation by e-mail or by unblocking the download within five days
No. 2 Usage rights
The customer receives a simple, temporally unlimited right of use in the MP3 files as described below. All non-expressly stated usage rights remain in the relationship between the contract partners at Creative Sounds.
The customer is entitled to use the MP3 files on any technically suitable computer / player for his own use and for public and commercial purposes. However, the MP3 files may only be used by one person on a computer / player at any time, never at the same time on two or more computers / players, neither by the same customer nor by different persons. The right of use applies only to the original data record of the ordered MP3 file. The customer can create a backup copy of the MP3 files, which he can not use simultaneously with the original data.
The customer is not entitled, without the prior written consent of CreativeSounds,
· The MP3 files are recorded in a different way than in 2.2 to use, reproduce and disseminate in a technically described manner;
· Rent, lend, share, share, share, or otherwise use the MP3 files;
· Reproduce and distribute the work and arrangements that the customer has established (including film music and multimedia works, etc.);
· Modify or remove the copyright notices, other legal reserves, serial numbers and other characteristics used in the data identification.
· Pass on the MP3 files to a third party, unless the customer makes the final use of the files and does not retain a copy.
Creative Sounds expressly advises the customer that the following uses are GEMA-reportable and payable.
· To submit, to broadcast, to publicly broadcast the music, or to make it available to third parties in any other way;
· To produce, to perform, to send and to publicly reproduce in other form any processing and arrangement (also film music, multimedia works, etc.).
(In this case, the consent of the respective owner of the musical title itself (in particular the GEMA) is additionally required)
If the use of the MP3 files by the customer is not in accordance with the provisions of this clause, and CreativeSounds infringes intellectual property rights, CreativeSounds is entitled to charge the damages for the respective MP3 files at double the amount of damages. The assertion of further damages is not excluded.
No. 3 Property and legal deficiencies
The delivery or performance of CreativeSounds is free of material defects if it has the agreed upon nature at risk transfer or, if the nature is not agreed upon, is suitable for the use according to the contract, otherwise if it is suitable for normal use and a Which is customary in the case of deliveries or services of the same type and that the customer can expect by the nature of the service. In the absence of any other contractual agreement of the nature, CreativeSounds ensures the suitability of the delivery or performance for normal usage, but not their complete technical fault-freeness. Creative Sounds ensures that the MP3 files can be used on the computers / players listed on the Creative Sounds WebShop page. Creative Sounds also ensures that the MP3 files have been sent to the Internet without any program errors from the output computer at Creative Sounds.
In the case of defects, CreativeSounds may initially provide supplementary performance. Creative Sounds is the choice of the type of supplementary performance. The supplementary performance is provided by surrendering new files or by allowing CreativeSounds to avoid the effects of deficiencies. In the event of a breach of rights, CreativeSounds will provide the Customer with a legally perfect use of the MP3 files or exchange the affected performance for an equivalent performance corresponding to the order if this is acceptable to the customer. If third parties assert their rights to the customer, this Creative Sounds will be immediately notified. The customer is not allowed to recognize the claims of third parties.
If subsequent performance fails after several attempts, the customer has the right to reduce the remuneration or to withdraw from the contract. For damages claims and compensation for futile expenses, 6.
The customer is obligated to examine the MP3 files immediately after the transfer and to report obvious defects at least within one week with a detailed description.
The claims of the customer due to material or legal deficiencies become time-barred in case of material defects within one year from delivery, in case of legal deficiencies within one year from delivery, if the deficiency in the law is not a right in rem of a third party on the basis of which the delivered thing can be demanded out; Otherwise according to the legal regulations, unless otherwise agreed. If a factual or legal deficiency was deliberately concealed, the statutory limitation period shall also apply.
No. 4. Delivery
When shopping, the MP3 files are provided to the customer by download.
4.2 are omitted
No. 5. Payment, set-off
The customer makes the payment by payment in advance / transfer, Paypal, credit card, immediate transfer or direct debit. The method of payment direct debit is available to you after the second successful order.
5.2 are omitted
5.3 are omitted
If the customer is in default with the payment, Creative Sounds may charge interest on arrears at a legal rate of 5% above the base rate. Creative Sounds is entitled to provide evidence of a higher default.
Until the balance of all claims of CreativeSounds against the customer is the granting of the usage rights on the condition of the complete compensation of these demands. Creative Sounds may revoke the user's powers if the customer is in default of payment and also does not pay on written warning with revocation threat or if he does not comply with the conditions of use (clause 2).
The customer can only set off claims recognized by Creative Sounds or legally established. The customer is entitled to a right of retention only within this contractual relationship and only in the event that CreativeSounds himself has committed a gross breach of contract or has already received the part of the fee which corresponds to the value of the service for a defective performance.
No. 6 Liability
Creative Sounds provides damages or compensation for vain expenses, regardless of the legal grounds (for example, breach of duty, tort), only to the following extent:
· In the case of intent and in the event of assumption of a guarantee with regard to the respectively guaranteed quality in full,
· In case of gross negligence in the amount of the foreseeable and typical damage, which should be prevented by due diligence,
· In all other cases, only from a breach of such a material obligation that the achievement of the purpose of the contract is jeopardized, in lieu of the foreseeable and typical damage, but (maximum) per individual failure up to the order value.
The objection of contributory negligence remains open. The statutory liability in the case of personal injury and the product liability law remain unaffected.
For the recovery of data, CreativeSounds is only liable if the customer has ensured that this data can be reproduced from data stored in machine-readable form with reasonable effort. This limitation of liability shall not apply in case of intent and gross negligence.
No. 7 Right of revocation
The statutory right of revocation is not applicable for downloadable articles
No. 8 Closing
All legal relationships arising from this contractual relationship are subject to the law of the Federal Republic of Germany under exclusion of the UN purchase law. If the customer is a merchant, a legal person of public law or if the customer has his place of residence or his establishment abroad, the place of performance and jurisdiction for all disputes is Munich. You have the possibility to conclude your purchase contract in German or English. In this case, Creative Sounds is also entitled to sue at the court of jurisdiction of the customer or at any other court competent under national or international law.
Supplement / Supplement
Duty to mitigate damage / warnings
In the event of the assertion of any kind of claims arising out of copyright, competition or trademark law, I would like to contact you without delay in order to avoid unnecessary legal disputes, warnings and costs. If claims of the above type are complained, I hereby give a remedy before a final legal binding clarification, by which a possible risk of repetition is bindingly excluded. A non-observance of an obligation to mitigate damage would result in a non-compliance with the law.
Online Dispute Resolution Platform
The European Commission provides a platform for online dispute resolution (OS), which can be found here http://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform for the settlement of their disputes. Our email address for consumer complaints is: firstname.lastname@example.org