Downloads / Acquisition and use of our audio files and text datasetsDe Loy Media – extended terms and conditions of use / Issued: 15.02.2019
No. 1 contract conclusion
1.1 De Loy Media offers the customer the provision of music in the form of MP3 files as a digital download and stream. With the fee-based download or stream, you declare that you have read the terms and conditions and agree with them. These conditions alone are decisive for the contract. De Loy Media does not accept other terms.
1.2 Of course you can print the terms and conditions. If you also want to have the terms and conditions in printed form, we will gladly send them to you on request (email@example.com).
1.3 Displays and descriptions of the MP3 files on the Internet and in product descriptions do not constitute a declaration of guarantee by De Loy Media. The customer knows the technical application possibilities and conditions of the MP3 files. Upon request, De Loy Media will provide further technical details.
1.4 Your order via our online shop is an offer to us to conclude a purchase contract.
No. 2 usage rights
2.1 The customer receives a simple, unlimited right to use the MP3 files in the scope described below. All other rights of use not expressly stated herein remain in the relationship between the contractual partners at De Loy Media.
2.2 The customer is entitled to use the MP3 files on any technically suitable computer / player for their own use and for public and commercial appearances. The MP3 files may be used at any time only by one person on a computer / player, never simultaneously on two or more computers / players, either by the same customer or by different people. The right of use only applies to the original data record of the ordered MP3 file. The customer can create a backup of the MP3 files, which he may not use at the same time as the original data.
2.3 The customer is not entitled to the MP3 files in any other way than in para. 2.2 technically described to use, reproduce and distribute; · To rent, lend, use together with third parties or otherwise permit the use of third-party MP3 files; Arrangements and arrangements made by the customer (including film music and multimedia works, etc.), to be reproduced and distributed; to modify or remove the copyright notices contained in the data, other legal reservations, serial numbers as well as other features serving the data identification. to pass on the MP3 files to third parties, unless the customer finally suspends the use of the files and does not retain a copy.
2.4 De Loy Media expressly draws the customer’s attention to the fact that the following uses are subject to GEMA registration and compensation: to perform the music, to broadcast, to play in public or to make it accessible to third parties in any other way; Produce arrangements and arrangements (including film music, multimedia works, etc.) to produce, execute, send and publicly reproduce in any other form. (In addition, the consent of the respective owners of the music itself (in particular the GEMA) are necessary), with the exception of the GEMA-free offers of De Loy Media.
2.5 If the use of the MP3 files by the customer does not comply with the requirements of this clause and thereby violates property rights, De Loy Media shall be entitled to charge, without proof, the compensation for the corresponding MP3 files in duplicate as minimum damage. The assertion of further damages is not excluded.
No. 3 defects of title and title
3.1 The delivery or service of De Loy Media shall be free from material defects if, at the time of the transfer of risk, it has the agreed quality or, if the condition is not agreed, it is suitable for the use required under the contract, otherwise if it is suitable for normal use is suitable and has a quality that is customary for deliveries or services of the same kind and the customer can expect the type of service. In the absence of any other contractual agreement on the condition, De Loy Media guarantees the suitability of the delivery or service for normal use, but not its complete technical freedom from errors. De Loy Media guarantees that the MP3 files can be used on the computers / playback devices listed on the De Loy Media WebShop page. In addition, De Loy Media guarantees that the MP3 files were sent to the Internet from the source computer at De Loy Media without any program errors.
3.2 In the event of defects, De Loy Media may initially provide supplementary performance. The choice of remedy is up to De Loy Media. Post-performance is accomplished by posting new files or by De Loy Media identifying ways to mitigate the effects of defects. In case of defects in title, the subsequent performance is provided by De Loy Media the customer a legally flawless use of the MP3 files available or exchange the affected service for an equivalent, the order corresponding performance, if this is acceptable to the customer. If third parties assert property rights against the customer, they will inform De Loy Media immediately. The customer may not recognize the claims of third parties.
3.3 If the subsequent performance finally fails after several attempts, the customer has the right to reduce the remuneration or to withdraw from the contract. For claims for damages and reimbursement of futile expenses, para. 6th
3.4 The customer is obliged to inspect the MP3 files immediately after the transfer and obvious defects at least within a week under exact description to reprimand.3.5The claims of the customer due to defects in quality or defects shall expire in the case of material defects within one year from delivery, in case of defects within one year from delivery, if the legal defect is not in a real right of a third party, on the basis of which the delivered goods can be demanded, and otherwise in accordance with statutory provisions, unless otherwise agreed. If a material or legal defect was deliberately concealed, the statutory limitation period also applies.
No. 4. Delivery
4.1 When purchasing, the MP3 files are either made available to the customer via download or as a stream.
No. 5. Payment, offsetting
5.1 The customer makes the payment by payment in advance / bank transfer, Paypal, credit card, Sofortüberweisung.
5.2 Until all claims of De Loy Media against the customer have been settled, the granting of the rights of use is conditional on the complete settlement of these claims. De Loy Media may revoke the rights of use if it does not comply with the conditions of use (section 2).
5.3 The customer can only offset claims recognized by De Loy Media or legally established. The customer is only entitled to a right of retention within this contractual relationship and only in the event that De Loy Media itself has committed a gross breach of contract or has already received the part of the remuneration for a defective service that corresponds to the value of the service.
No. 6 Liability
6.1 De Loy Media indemnifies or reimburses useless expenses for whatever legal reason (eg breach of duty, unlawful act), only to the following extent: in case of intent and assumption of a guarantee regarding the respectively guaranteed quality in full amount, in case of gross negligence in the amount of foreseeable and typical damage that should be prevented by due diligence, in all other cases only for a breach of such a material duty as to jeopardize the achievement of the purpose of the contract, for compensation for foreseeable and typical damage, but (at the most) per single case to the order value.
6.2 The objection of contributory negligence remains open. The statutory liability for personal injury and under the Product Liability Act remains unaffected.
6.3 De Loy Media shall only be liable for the recovery of data if the Customer has ensured that this data can be reproduced from data stored in machine-readable form at a reasonable cost. This limitation of liability does not apply in case of intent and gross negligence.
No. 7 Right of withdrawal
In the case of download articles, the statutory right of revocation shall be canceled
No. 8 conclusion
All legal relationships arising from this contractual relationship are subject to the laws of the Federal Republic of Germany to the exclusion of the UN Sales Convention. If the customer is a merchant, a legal person under public law or if the customer has his domicile or his branch abroad, the place of fulfillment and place of jurisdiction for all disputes is Berlin. You have the possibility to conclude your purchase contract in German or English. In this case, De Loy Media is also entitled to sue at the customer’s place of jurisdiction or at any other jurisdiction under national or international law.
Additional / complementary
Loss mitigation / warnings
In the case of asserting claims of any kind from copyright, competition law and trademark matters, we ask to avoid unnecessary litigation, warnings and costs to contact us immediately. If claims of the above-mentioned type are claimed, we hereby already give a remedy before a final legally binding clarification by which a possible risk of repetition is bindingly excluded. A still attending cost note of an attorney’s warning without prior contact would then be rejected for failure to comply with a loss mitigation obligation.