| general terms of business samplegate.com register loggin |
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general terms of businessFollowing general terms of business valid for samplegate.com and every registered user of the download archive. As of January 2003§ 1 Use and licensing of sounds samplegate.com guarantees, that all sounds, loops, noises and musical fragments offered for download are royalty-free resp. free from rights of copyright control entities. All sounds on our site have been either produced by samplegate.com GbR itself or by order of samplegate.com GbR. Therefore they can be used freely and without any restriction in musical pieces, multimedia applications or videos in private as well as commercial domains. Use, dissemination and provision of single sounds, as they can be found on our site (e.g. on sampling CDs, CD Roms or in internet archives) are prohibited. After payment the customer is granted simple, non-transferable right (under revision of property) for private as well as commercial use of royalty-free pieces of music (usufruct). The customer is not allowed to alter purchased works, for which he has been granted the right for use or to use altered versions or to copy the works for third parties, to provide them to third parties, pass the works forward. Furthermore it is prohibited to imitate, sell or use the works for other purposes than agreed. A further assignment to third parties is strictly prohibited. Information concerning soundlogos: It is forbidden to register so-called soundlogos as a trademark3 (iSd § 3 MarkenG) or to use them as a trademark. Legal advice about protection of trademarks: In case of registration the trademark owner can sue for omission and compensation. Tonarchive.de / Musikerchat.de is not liable in any case. § 2 Free Download No user has rights to availability or completeness of any free sound or soundfile in the samplegate.com archive. The samplegate.com websites and all resulting free services are provided without any assurance concerning availability and quality. § 3 Premium-Sound Archive Every registered user not only has the opportunity for free downloads but also for the purchase of Premium sounds. A contract is signed online, as the user agrees to pay a certain fee for a soundfile. After his purchase the customer is given the time frame of one hour to download the desired soundfile. By providing this time frame for download tonarchive.de GbR fulfils its part of the sales contract. Should technical problems caused by tonarchive or our payment system partners prevent the download of the desired soundfile, tonarchive.de GbR will again grant the customer a time frame for download within an appropriate time span, in case the customer has already paid. The customer has to report the defect to tonarchive.de immediately via e-mail. There is no right for claim for compensation. All premium soundfiles remain property of tonarchive.de GbR until full payment has arrived. Only full payment grants the customer the right to use our soundfiles. Licensing conditions can be viewed during the purchase or from our start page. Tonarchive.de GbR is not bound by law to grant the customer a right for revocation or redemption after the contract has been signed and the download has been completed. § 4 Firstgate paysystem In case the customer decides to use micro-payment system FIRSTGATE click&buy provided by Firstgate, the following rules are valid: Firstgate is responsible for all settlements and data transfer concerning customer and credit cards. Data connected to accounts or credit cards are not being stored by tonarchive.de and neither they are being observed. All data are encoded by Firstgate Internet AG. In case of loss or improper use tonarchive.de GbR cannot be made liable whatsoever. The customer utilizes Firstgate ´s click&buy-system by clicking contents via mouseclick on links. A contract for services against payment based on Firstgate ´s click&buy-system exists between the customer and tonarchive.de Gbr exclusively. By order of tonarchive.de GbR Firstgate prepares an electronic bill for the customer according to our announced prices. All prices include turn-over taxes. FIRSTGATE stores and uses data required for inquiery and settlement of accounts for the services called on by the customer. FIRSTGATE allows us to charge services individually. FIRSTGATE processes the single position on the bill specified to the provider and shows the include taxes. All data relevant to the billing process are being stored by FIRSTGATE for proof according to legal regulations. In case payment transfer to us fails (or only a fractional transfer is possible), FIRSTGATE will provide the necessary data for us to retrieve the payment. FIRSTGATE then blocks the customer from any of our services. FIRSTGATE offers a hotline service with a professionally trained staff (Monday-Friday) via phone, e-mail or fax. Service time is announced online at www.firstgate.de. Reports concerning defects and interferences of the service can be posted 24/7 to service@firstgate.de. We offer our services via FIRSTGATE click&buy-Systems at a certain scale of charges. Defects or faulty products can be reported to the FIRSTGATE Service-Hotline under 0221-2601190. FIRSTGATE will inform us and provides us the specific data to resolve the case. The product in question cannot be used by the customer anymore, until clearance from our side. FIRSTGATE is not liable for correctness, completeness, worth, …. and/or quality of the products of sellers. In case FIRSTGATE cannot collect a payment for a product offered by us, the customer data will be forwarded to us. Generally FIRSTGATE undertakes maintenance on their FIRSTGATE click&buy System during night time. The customer is obliged to use the FIRSTGATE click&buy system in a lawful manner and to respect the laws and rights of third parties. This especially includes the following duties: - Customer guarantees, that his data feed does not contain unlawful content that violates regulations of legal protection of children and young persons, personal rights of third parties or trademarks of third parties, especially copyrights. - Customer agrees to refrain from overburdening our systems by improper spread of data - Customer guarantees that his scripts and programs are not afflicted with errors or viruses, that are able to disturb our service. - Customer is bound to keep usernames and passwords granted by our firm secret. Improper use or loss of this data or a suspicion concerning these has to be immediately reported to our partner FIRSTGATE Internet AG (service@firstgate.de oder 0221-2601190). - Customer guarantees not to use the FIRSTGATE click&buy - system on publicly accessible computers. In case of a violation of these regulations, we entitled to immediately cancel access to products completely or partly and/or terminate the contract. In mentioned case customer has to compensate the caused damage ………………. Customer liability is restricted to cases, he has actually caused. § 5 Data Protection Customer guarantees to truthfully enter all data during registration. Customer agrees that samplegate.com GbR is allowed to store his/her data on a server and use this data for market research, personality profiles or to research customer habits. Furthermore customer agrees, that it is permitted to send him/her e-mail advertising and information about new sounds. We point out to all customers that unencrypted data – even via e-mail – can be read by third parties. We technically have no influence on this. It lies within the responsibility of our customers to protect their provided data from improper use by encryption or other means. We are not responsible for any technical or legal actions for data protection. § 6 samplegate.com GbR can at any time and without giving reasons reject a customer or even block out an already registered customer and grant a new registration. § 7 When using the samplegate websites and services any Customer is obliged to follow all legal regulations. §8 Customer …. samplegate.com GbR from any claim third parties might have against samplegate.com GbR for violation of their rights by the customer causing damages using our service. Customer bears the costs of any necessary legal action of samplegate.com GbR including all costs of action and lawyer ´s fees. This does not apply, if the violation is not caused by the customer. §9 samplegate.com GbR reserves the right to alter these terms of business at any time and without giving reasons. Altered terms of business will be send out to all customers by e-mail one week before coming into force. If customer does not contradict the validity of the new terms of business within two weeks after receiving the e-mail, the new terms of business are considered to be accepted. §10 Provided that one of the clauses of the terms of business becomes invalid, the remaining clauses are not affected. §11 Legal venue is Berlin, Germany, in case the customer is a businessman or a legal entity or if he has no general legal venue in Germany. Should you have further questions concerning samplegate.com GbR please send an e-mail to info@samplegate.com register user loggin |
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