Terms & Conditions
Conditions of Use
§ 1 contract conclusion
1.1
Another-Beat Music Service offers music titles to the customer to the use as Square Dance music. The music titles are made available as MP3. As soon as the customer sends the order thru the webshop, following conditions as per contract. When ordering music, the customer must read the general trading conditions and agrees with them.
1.2
Representations and descriptions of the music titles in the Internet and in product descriptions are not characteristic warranties. The customer the technical application type are well-known and - conditions of the media of the music titles. On request Another-Beat Music Service communicates further technical details.
1.3
For the musical rights at the music titles Another-Beat Music Service pays the due royalties.
§ 2 area of application
To the business relation between Another-Beat Music Service and the orderer apply excluding the following general trading conditions in their at the time of the order valid version. Deviating conditions of the orderer not on Another-Beat Music Service recognizes, it is, Another-Beat Music Service their validity would expressly in writing have agreed.
§ 3 guarantee
3.1
Another-Beat Music Service ensures that the music titles are applicable according to the ordered medium on the playing devices suitable for the medium. Another-Beat Music Service does not take over a guarantee for the fact that the music titles for the tasks planned by the customer are suitable.
3.2
Another-Beat Music Service does not ensure that provided texts are correct and/or error free, since it concerns a free service on the part of Another-Beat Music Service.
3.3
Another-Beat Music Service can furnish guarantee by rework. The rework takes place after choice from Another-Beat Music Service via hiring of new media or via it that Another-Beat Music Service works these media over again. If the rework fails after several attempts despite in writing set appropriate set period of exclusion finally and clearly, the customer has the right to lower the remuneration or to cancel the contract. To claims for damages § 9 applies.
3.4
The customer is obligated obvious lack to examine the media immediately after the hiring and at least within one week under specification in writing (also by email).
§ 4 rights to use
4.1
The customer receives in the following described extent at the music titles a simple, temporally unlimited right to use in that. All not expressly stated rights to use in all other respects remain in the relationship between the contracting parties with Another-Beat Music Service.
4.2
The customer is entitled, the music titles on any to use technically suitable computers/playing equipment. The music titles may be used however at each time only by a person on a computer/playing equipment, never at the same time on two or several computers/playing devices, neither by the same customer nor by different persons. The right to use applies only to the original data set of the supplied media The customer can provide a backup copy, which he or she may use however not at the same time apart from the original data from the media.
4.3
The customer is not entitled without previous written agreement of Another-Beat Music Service to use the music titles in other way than technically in § 4,2 described to multiply and spread
The music titles to letting to lend to use together with third or to permit in other way the use through third;
Working on and arrangements, which the customer (also film music and Multimedia work, etc.) manufactured, to multiply and spread;
The copyright notices contained in the data, other reservations of rights, to change or remove serial numbers as well as other the data identification serving characteristics.
The music titles third to pass on, is not, the customer stops the use of the files finally and retains a copy.
4.4
Another-Beat Music Service draws the attention of the customers expressly to the fact that it announce the following uses and - remuneration requiring is and/or that it requires for this the agreement of the respective holder of a right of the music titles themselves: to specify
The music titles to send to show publicly or to make it accessible third in other way;
Working on and arrangement (also film music to send and show in other form publicly to manufacture Multimedia works etc.) to implement.
4.5
If the use does not correspond music titles by the customer to the defaults of the rights to use specified here and thereby if patent rights are hurt by Another-Beat Music Service is justified, without computing proof the remuneration for appropriate music titles in double height, however € 250.00 as minimum damage. The asserting of further payment of damages is thereby impossible.
§ 5 prices, discounts and special offers
The current prices and price progressive rates (quantity discount) as well as forwarding expenses in the off-line selling take you from our price list and/or the individual offer.
§ 6 payment
6.1
The customer carries the remuneration out in on-line selling by payment of his customer account or by credit card and/or Paypal.
6.2
Up to the reconciliation of all demands of Another-Beat Music Service opposite the customer, the grant of the rights to use stands under the condition of the complete reconciliation of these demands. Another-Beat Music Service can recall the use powers, if the customer comes into delay of payment and also on written warning with revocation menace does not pay or if it does not keep the use conditions (§ 4).
6.3
A dissolution of the customer account is at any time possible. If the customer has at this time assets on his customer account, it this is returned with consideration of § 6,4. But Another-Beat Music Service raises a handling fee of 10.00 US.
6.4
All due to the agreed upon purchased quantity granted discounts futile and on the actual purchased quantity, to the dissolution of the customer account are again-computed.
§ 7 entrance data to on-line range
7.1
The customer is responsible for the fact that no unauthorized third entrance to its personal on-line entrance data (user name and password) receives.
7.2
The customer will inform Another-Beat Music Service immediately, if him the personal entrance data are misplaced or if in other way the possibility of the abuse of the customer account results through third. After entrance of the loss message Another-Beat Music Service will close the account of the customer immediately. Before entrance Another-Beat Music Service is not responsible to the loss message for an unauthorized call deductions of the customer account, associated by music titles and for. Third call further music titles up in the time between the loss message and the blockage of the customer account, then the customer bears the cost resulted from it as far as a height of 100,00 US, up to the height of the loss lump sum Another-Beat Music Service can place productions also the expenditure for the treatment of the loss message in calculation to the customer.
§ 8 data security
Another-Beat Music Service may process in the context of the contractual relation the personal data become known by machine only for internal purposes and on basis of the data security-legal regulations. Another-Beat Music Service may pass the data on if necessary also at suppliers for the purpose of the achievement and account in fulfilment of the contractual relation.
§ 9 adhesion
9.1
As far as below nothing else results, are large requirements of the customer -- directly from which arguments -- excluded. Another-Beat Music Service is not responsible therefore for damage, which did not develop at the delivery article; in particular Another-Beat Music Service is not responsible for escaped profit or for other financial damages of the customer. As far as the adhesion is excluded from Another-Beat Music Service or limited, this applies also to the personal adhesion of employees, representatives and executing aides.
9.2
Managing limitation of liability does not apply, as far as the cause of the damage is based on resolution or rough negligence or a personal injury is present. Furthermore it applies not if the customer of requirements makes out §§ 1, 4 product liability law, requirements valid because of the absence of a assured characteristic or claims for damages because of default in accordance with §§ 463, 480.
9.3
If Another-Beat Music Service hurts negligently a contract-substantial obligation, the obligation to indemnify for damages to property is limited to the typically developing damage.
§ 10 Return rights
Download of music titles in on-line selling no right of revocation exists, since on-line left files are not suitable for the return at Another-Beat Music Service. Music titles, which are provided in the customer order, are excluded from a return