| General Terms and Conditions |
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§ 1 Scope
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For the business relations of venture music GmbH, Englische Planke 2, 20459 Hamburg
(subsequently called "FAIRtracks.de")
and the user (subsequently called "customer") only these general terms
and conditions apply, based on the version which was valid at the time the order
was placed / the download was performed.
FAIRtracks
is a brand of venture music GmbH and their trademark. In case
of a violation agains the general terms and conditions all your rights related
to the acquisition and use of the audio programs are forfeited.
venture music GmbH does not accept differing terms and conditions
of the customer, except venture music GmbH agreed explicitly to
these terms in writing.
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§ 2 Technical Requirements
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In order to be able to use our services offered on FAIRtracks.de
you need a PC with a current operating system and a corresponding
web browser.
In addition, you need a software application to listen to or burn audio
tracks, a sound card with speakers attached to it and a CD burner or a
USB interface, which allows you to copy the audio tracks you purchased to a
portable player (e.g. MP3 player).
The responsibility to provide the above mentioned technical requirements
belongs to the customer, exclusively.
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§ 3 Usage Requirements
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Downloading goods offered on our website requires a free registration with
your complete user details.
The information supplied with your registration, e.g. name, address, and
e-mail, need to be true, accurate, and complete. In addition, the registration
requires you to supply a user name and a password. The supplied user name may
not violate any rights belonging to third parties, e.g. brands, names, or similar
rights. It may not be insulting or offensive.
You are required to keep your registered password secret, and to not pass it on
to third parties. You are not allowed to make it accessible to others. You are
liable for all actions related to the use of your password. In cause you suspect
the misuse of your user account details or your password, please inform us
immediately using this e-mail address: kontakt@FAIRtracks.de.
As a contract partner you need to be fully capable contractually. There is no
right to become a customer of
FAIRtracks.de, i.e.
a permission granted by us can be revoked at any time without giving specific
reasons.
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§ 4 Privacy Policy
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The personal information required for the registration and the usage of our
services will be treated hightly confidential. They will not be passed on
to third parties and will only be used according to the regulations of the law.
You may obtain additional information from our privacy
guidelines.
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§ 5 Conclusion of Contract
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Your download represents your offer to us for the conclusion of a
contract of purchase. A contract with the venture
music GmbH is only concluded after the complete entry of
your customer details including the payment details, the initiation
of the payment process with the selection of the paymetn method and
the confirmation of the purchase.
After completing the purchase you will receive an order confirmation /
invoice which will be sent to the e-mail address you supplied. Your
download will be available for an additional transfer in your download
overview on FAIRtracks.de, after the successful completion
of each purchase. After the fifth download or when 14 days have passed
by, the track will no longer be available for free.
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§ 6 Service Description and Delivery
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Every track provided on FAIRtracks.de may be listened to in part as
a free trial without any commitment. The downloads will only be available
as long as we are authorized to distribute the tracks and to confer the
rights of usage to you, according to § 9, and as long as you are
registered on FAIRtracks.de
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§ 7 Availability
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In general, FAIRtracks.de is online 24 hours a day.
Because of maintenance or outages in the communication networks
of third parties it may occur access cannot be provided temporarily.
As a result, venture music GmbH is not able to
guarantee permanent access to FAIRtracks.de.
venture music GmbH is not liable for loss or harm
which may be caused by lack of access to or availability of
FAIRtracks.de, except the damage was caused
by venture music GmbH intentionally or because of
wanton negligence.
venture music GmbH preserves the right to replace
the services of FAIRtracks.de with another way of access
which is easy to handle.
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§ 8 Right of Withdrawal
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The right of withdrawal does not apply to
downloads, accoring to the German BGB § 312d Section 4 No. 1 + 2,
since downloads are not subject to reconsignment, because of their
digital nature.
The lawgiver requires us to provide this information.
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§ 9 Acquisition of Title, Copyrights and Watermarks
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You herewith consent to the fact, that all tracks offered on FAIRtracks.de
are subject to copyright. With your purchase you obtain the single,
non-tranferable right to utilize the audio tracks for personal use, only,
in accordance with the copyright and the description of our product offer.
You do not obtain ownership of the content or the audio tracks of
FAIRtracks.de.
You are not allowed to modify the content or the format of the downloaded
tracks in any way. You are neither allowed to use modified versions of it,
nor to copy them for third parties, or to make them publicly accessible. You
are not allowed to forward them or to publish them on the Internet or in
other networks against payment or free of charge. You are not allowed to
imitate, resell, or to use the downloads for commercial purposes.
In order to identify and pursue abuse of the MP3 tracks offered on
FAIRtracks.de repeated inaudible digital
watermarks are added to each file during the download process. MP3 tracks
are marked with the icon "MP3" on FAIRtracks.de.
MP3 tracks may be listened to, burned on CD/DVD, or transfered to portable
devices without limitations, but for personal use, only.
In order to protect the rights of the intellectual property appropriately,
venture music GmbH will use all information and all the
means available to us to take legal action against unauthorized copying
and the associated violation of law. We will file charges whenever possible.
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§ 10 Pricing
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All prices currently displayed on FAIRtracks.de include the amount of value added
tax valid at the time of purchase. We reserve the right to change the prices
of individual tracks at any time.
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§ 11 Payment
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You may select the desired payment method during the registration process. Like all
other data, your payment details are transmitted during the registration process
through a secure SSL encrypted data connection.
If the customer's payment is delayed, FAIRtracks reserves the right to charge default interest
of 5% above the annual base interest rate of the European central bank. In case
FAIRtracks
suffered a higher loss which can be verified, we reserve the right to claim it.
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§ 12 Liability
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The information and data provided on FAIRtracks.de
is true and has a pure informal value.
We do not take any responsibility or warranty for their accuracy.
The venture music GmbH does not guarantee the faultless operation
of hardware or software. We do not guarantee the correction of any errors
on the website or in the hardware and software systems.
You carry the full responsibility for any damages in your computer system or the
other technical devices used. The loss of data or any other damages caused by the
downloads or other transactions related to FAIRtracks.de belong
to your responsibilities as well.
FAIRtracks.de does
not take responsibility for any information which is misrouted or errant. In order
to avoid unnecessary costs you should always ensure your payment details (e.g.
your credit number) are complete, entered correctly and up-to-date.
You can always check your entries directly on our website and perform the necessary
changes by yourself.
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§ 13 Release from Liability
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In case you violate the general terms and conditions of FAIRtracks.de,
you are required to release the venture music GmbH from
any damage resulting from the violation, including the legal costs and attorney's
fees, according to the rates determined by law.
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§ 14 Collection, Processing and Usage of Personal Information of our Customers
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Any information we receive from you helps us to improve your shopping
experience at FAIRtracks.de
by making it more personal and by implementing constant improvements.
We use this information for the process of orders, the supply of
services, as well as the clearing of payments. We utilize this
information also to communicate with you concerning orders, products,
services, and other marketing offers. We use them to update our
records, to host and to maintain your customer account, as well as to
display content and products or services that may be of interest to
you. We utilize your information to improve our platform, to prevent
or discover misuse of our website, as well as to enable third parties
to accomplish technical, logistical, or other services on our behalf.
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§ 15 Release from Liabilities
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The law of the Federal Republic of Germany applies to the exclusion of
the CISG (United Nations Convention on Contracts for the International Sale of Goods).
The court of jurisdiction is Hamburg without any exclusions, as far as this is
permittable by law.
In case one of the regulations among these general terms and conditions is
invalid, the validity of all remaining regulations is not touched.
In place of the invalid regulation, the regulation which is closest to
the invalid regulation in sense and purpose is applied. This also applies
if these general terms and conditions should contain a gap.
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