Terms and Conditions
DM DIGITAL MUSICIAN GMBH offers services on the basis of the following General Standard Terms and Conditions ("TERMS"). By using the services offered, you acknowledge the validity of these TERMS. If you do not wish to be bound by these TERMS, you may not use the services offered!
1. SCOPE OF VALIDITY
These General Standard Terms and Conditions are applicable to the DIGITAL MUSICIAN NET service offered by DM DIGITAL MUSICIAN GMBH, LILIENSTRASSE 11, 20095 HAMBURG, MANAGING DIRECTOR MANFRED RÜRUP (hereinafter referred to as "DIGITAL MUSICIAN GMBH") on the Internet website at URL www.digitalmusician.net and related subsites (hereinafter referred to as "OFFER").
2. USER GROUPS AND CONCLUSION OF AGREEMENT
2.1 This OFFER is available to persons in the music business (musicians, producers, composers, etc.) after prior application for membership. In order to make use of the offer, you must arrange for access to the World Wide Web and all technical equipment required for the same, and must bear all charges incurred in this regard. Internet access is not a component of the OFFER.
2.2 The user must fill out the application form completely and correctly and send it to DIGITAL MUSICIAN GMBH. No nicknames, incorrect particulars, abbreviations, cover names or PO box addresses are permitted. The user will receive electronic confirmation of membership after receipt of the application form at DIGITAL MUSICIAN GMBH. The user is obligated to voluntarily update his records in case of any changes and promptly inform the company by e-mail at email@example.com about the changes.
2.3 The agreement between DIGITAL MUSICIAN GMBH and the user shall come into effect once the application form is submitted and utilization rights to the offer are granted by DIGITAL MUSICIAN GMBH. The user will be given an opportunity to correct input errors before submitting the form. The user is entitled to make use of the offer only during the term of his membership.
3. DIRECTIONS OF REVOCATION
3.1 Right of revocation
The user is entitled to revoke his contractual declaration within two weeks in textual format (E.G. letter, fax or e-mail) without providing any reasons. The period begins with the conclusion of the agreement. Timely submission of the revocation notice is sufficient for compliance with this deadline. The revocation notice should be addressed to: DM DIGITAL MUSICIAN GMBH, LILIENSTRASSE 11, 20095 HAMBURG, E-MAIL: firstname.lastname@example.org, TELEFAX: +49 (0) 163 83 63 032
3.2 Consequences of revocation
In case of effective revocation, services that were mutually provided must be returned and utilizations drawn (E.G. interest) surrendered if applicable. A user not returning the service received in whole or in part or doing so only in a deteriorated condition must pay compensatiion to DIGITAL MUSICIAN GMBH to the extent applicable.
3.3 Lapse of the right of revocation
The right of revocation shall lapse prematurely if DIGITAL MUSICIAN GMBH commences implementation of services with the explicit consent of the user before the termination of the period of revocation or the user himself occasions the same (E.G. through downloads, logging in, etc.)
3.4 End of directions for revocation.
For purposes of clarification, it is pointed out that this right of revocation does not extend to services not offered by and agreements not concluded with DIGITAL MUSICIAN GMBH, such as offers from collaboration partners or arrangements with other offer participants. The respective partners to the agreement are referred to here.
4. DATA PROTECTION
4.1 DIGITAL MUSICIAN GMBH shall treat user personal data with confidentiality and shall provide data to third parties only to the extent permitted under data protection legislation or consented to by the user. The user's attention is explicitly drawn to the fact that personal data posted to the "Community" and "Artists and Studios" homepages by the user himself can be viewed and used without restriction by all other users of the OFFER. This data is therefore not confidential data according to Clause 1.
4.2 DIGITAL MUSICIAN GMBH points out that the personal data of its users will be processed electronically. The data will be used only for the implementation of the agreement unless agreed otherwise.
4.3 After expiry of the agreement, stored user data will be deleted within statutory timeframes.
5. OBSERVANCE OF COPYRIGHT AND ANCILLARY COPYRIGHTS
5.1 The user may only release, use in the framework of the offer or upload or transmit contents and statements to which he has the required rights (particularly utilization rights to copyrights and ancillary copyrights). Use and distribution of copies of copyright-protected or ancillary copyright-protected third party services is specifically prohibited. The user may post recordings as sound samples on the "Community", "Artists or Studios" pages only if he is the exclusive copyright holder of the recorded compositions.
5.2 Particularly prohibited are,
- the reproduction or arrangement of third party compositions or performances – even partially – without the explicit prior consent of the rights holders.
- the use of so-called sound samples from pre- existing recordings. –The use if applicable of lawfully produced so-called “private copies” in accordance with ??? 53 URHG.
The user guarantees that no third party rights will be infringed through his services and activities in the context of utilization of the offer. Accordingly, the user is solely and personally responsible particularly for any claims asserted by third parties in connection with the arrangement of protected compositions, the so-called sampling etc. He is even as of now, obligated to fully defray costs accruing to DIGITAL MUSICIAN GMBH from any legitimate claims asserted, namely, he shall also compensate DIGITAL MUSICIAN GMBH for all costs and damages, regardless of what kind. The user hereby exempts DIGITAL MUSICIAN GMBH from all legitimate claims asserted in this connection by third parties, and also indemnifies DIGITAL MUSICIAN GMBH for all expenses and other consequences arising in such event..
5.3 If the user produces recordings in conjunction with or for other users in the context of utilization of the OFFER, creates copyright-protected compositions or renders other copyrightable services, the utilization and compensation of such copyrighted services needs a contractual arrangement between the participating users in case of doubt. DIGITAL MUSICIAN GMBH shall in no way intervene in such arrangements. DIGITAL MUSICIAN GMBH itself shall acquire no utilization rights to the work products of the user.
5.4 The OFFER and its contents are protected from reproduction and misuse through copyright terms. Illegal reproduction, distribution or release of contents of the OFFER or its plagiarism will invite civil action, and if need be criminal prosecution, by DIGITAL MUSICIAN GMBH.
6. SOFTWARE LICENSE
With confirmation of membership, the user obtains the right to conclude a separate software license agreement for the software "Digital Musician Link" (VST 2.0 plug-in) free of charge. The conclusion of this license agreement shall take place in the context of the software download procedure. The user's right to use the software is limited in time to the term of his membership in the DIGITAL MUSICIAN.NET service from DM DIGITAL MUSICIAN GMBH at URL: www.digitalmusician.net. The utilization rights to the software granted in the license agreement shall be provided to the user free of charge in the context of utilization of the OFFER. Once the membership comes to an end and the user is no longer entitled to use the OFFER, his right to use the software in accordance with the license agreement also terminates at the same time (condition subsequent).
7. RIGHTS AND OBLIGATIONS OF THE USER
7.1 The responsibility for all information, data, texts, software, music, sounds, photographs, illustrations, videos, news or other material ("contents") generally released or privately transmitted lies exclusively with the user who originates such contents.
7.2 The user must protect his access privileges from unauthorized third party use, and in particular must ensure that his password remains secret. The user shall be liable for every instance of unauthorized use of his access privileges occasioned by his actions, if found to be at fault. He must immediately inform DIGITAL MUSICIAN GMBH by fax at +49 (0) 30 85 60 49 01 via e-mail at email@example.com, if a reasonable suspicion exists that his access privileges are being misused.
7.3 Users are obligated to comply with the law of the Federal Republic of Germany. Above all, youth protection regulations that are in force must be observed. This means, among other things, that the OFFER may not be used for unlawful purposes. The release, transmission or distribution of illegal contents and/or statements is especially prohibited. These include in particular defamatory, inflammatory, discriminative or pornographic contents. THIS ALSO APPLIES TO CONTENTS THAT CAN BE REACHED VIA LINKS PROVIDED BY THE USER.
Digital musician GmbH is not responsible or liable for the availability of such external sites or sources or for contents accessible on or via such sites or sources, and excludes any liability or guarantee in this regard.
7.4 The use of indecent contents, ambiguous terms and other representations whose illegality can be presumed but not conclusively determined is also prohibited.
7.5 User actions aimed at disabling OFFER functionality or even impeding its use are prohibited and can invite civil and criminal action. In particular, measures that can affect the physical and logical structure of the OFFER are forbidden.
7.6 The OFFER may not be used by users for commercial purposes, with the exception of musical work products achieved by the user when using the OFFER. Inconsiderate advertising, which includes in particular the bulk mailing of contents unsolicited by the recipient (so-called spamming), is prohibited, as are chain letters, pyramid selling schemes or other forms of solicitation.
7.7 Any kind of advertising aimed at other users of the offer is also forbidden, as is the use and storage of data about other users for commercial purposes and for purposes of passing on to third parties.
7.8 The user is entitled to discontinue the use of the OFFER at any time.
8. RIGHTS AND OBLIGATIONS OF DIGITAL MUSICIAN GMBH
8.1 DIGITAL MUSICIAN GMBH does not check the contents and statements publicly distributed by users before their distribution, transmittal or release.
8.2 Unless arranged otherwise below or in individual cases, DIGITAL MUSICIAN GMBH does not acquire any rights of utilization to the copyright or ancillary copyright-protected services of the user.
8.3. With respect to the recordings and compositions (demos) posted by the user in the "Community" and "Artists and Studios" area, DIGITAL MUSICIAN GMBH is granted the nonexclusive right for the duration of the membership of the userto exploit these within the framework of online applications, especially Internet applications, of all types and on all systems, to use them in databases, data networks (e.g. the Internet and its associated services) or the like, to feed, store, and distribute them in these areas, and especially to transmit them to users of databases/data networks by means of cable or other methods of transmission for retrieval for purposes of acoustic, optical or other exploitation and/or reproduction and/or distribution. The right to provide the contract recordings by way of so-called streaming is especially covered by the contractual transfer of rights. This right includes in particular the right to offer and provide the contract recordings to the general public by intangible means, with the transfer in particular of the rights to feed these onto a server, all kinds of intermediate storage including temporary or partly temporary, the offer of contents to the general public, the provision of contents to the general public, but not the transmittal to clients for storage at the client site (downloads). The above rights shall be transferred only to the extent that they have not already been transferred by the user to a performing rights society. THE USER SHALL GUARANTEE THAT NO THIRD-PARTY RIGHTS ARE VIOLATED BY THE ABOVE TRANSFER OF RIGHTS AND THAT HE HAS NOT ALREADY TRANSFERRED THE RIGHTS TO A THIRD PARTY (E.G. A RECORD COMPANY). THE USER SHALL OBTAIN ANY PERMISSIONS REQUIRED FROM THIRD PARTIES BEFORE UPLOADING THE RECORDINGS.
8.4 DIGITAL MUSICIAN GMBH may use the name, photograph and the person of the user in the context of the OFFER column "Featured Artists and Studios". Any other commercial use by Digital Musician GmbH is permitted only with the explicit consent of the user.
8.5 In regards to the interests of the participant community as well as statutory regulations, DIGITAL MUSICIAN GMBH reserves the right to reject a user suspected of having violated the above regulations, to terminate the utilization agreement without notice, as well as to partially or completely expunge the user records entered by the user in the database at its own discretion without specifying any reasons.
9. TERMINATION/DISCONTINUATION OF THE OFFER
9.1 DIGITAL MUSICIAN GMBH reserves the right to discontinue or restructure the OFFER at any time or change it in any other way. This includes an amendment to these terms and conditions of utilization. In particular, DIGITAL MUSICIAN GMBH reserves the right to levy charges for individual services in future. DIGITAL MUSICIAN GMBH shall inform the user in advance about the same.
9.2 The user is entitled to terminate the utilization relationship within four weeks of receipt of notification regarding the amendment to the utilization terms and conditions or to the OFFER. IF THE USER DOES NOT TERMINATE THE UTILIZATION RELATIONSHIP, IT SHALL BE CONTINUED UNDER THE AMENDED TERMS AND CONDITIONS.
9.3 Both DIGITAL MUSICIAN GMBH and the user are entitled to terminate the utilization relationship with a notice period of six weeks without specifying any reasons.
10.1 DIGITAL MUSICIAN GMBH does not guarantee that its services are accessible and free from defects at all times. This is particularly applicable if access to the OFFER is hampered by malfunctions outside the scope of DIGITAL MUSICIAN GMBH. The offer is provided "as is" without warranties and guarantees. Use of the offer is at one's own risk.
10.2 If the OFFER is not accessible or in case of any other service interruptions, the user may contact customer service at firstname.lastname@example.org.
11.1 DIGITAL MUSICIAN GMBH is liable only for intentional or grossly negligent behavior on the part of DIGITAL MUSICIAN GMBH, its vicarious agents and/or its legal representatives.
11.2 A statutorily prescribed no-fault liability of DIGITAL MUSICIAN GMBH, especially a liability in accordance with the German Product Liability Act as well as any other statutory liability for breach of warranty, shall not be affected by the above restrictions on liability. The same applies to DIGITAL MUSICIAN GMBH's liability for culpable injury to life, body or health.
11.3 Digital Musician GmbH is liable in no way for any agreements, arrangements, contracts, services and supplies that are effected between users (peer to peer principle) orally, in writing, by e-mail or by fax. It can neither monitor nor check these nor can it issue any statement about the integrity of the services offered. Rights violations, including copyright violations in the context of these user-to-user transactions, cannot be asserted against Digital Musician GmbH, but must be handled under civil law between the parties of the respective users. This also applies to claims from supplies and services negotiated privately between users that must be prosecuted between the parties (users) due to nonperformance, if need be. By acknowledging these General Standard Terms and Conditions, the user exempts Digital Musician GmbH from all claims and damages resulting between users from the recording of musical data and/or legal disputes resulting therefrom.
11.4 Items 11.1 and 11.2 include all claims whether contractual or non-contractual that may arise out of this arrangement or the utilization of the OFFER.
12. FINAL PROVISIONS
12.1 The law of the Federal Republic of Germany shall apply. Application of the UN Sales Convention is excluded.
12.2 Should a provision of these General Standard Terms and Conditions be or become ineffective, the effectiveness of the remaining provisions shall not be affected hereby. The ineffective or missing provision shall be replaced by a provision that comes closest to the ineffective provision in economic and legal terms.
12.3 No joint-venture partnership, employment relationship or agencies relationship between DIGITAL MUSICIAN GMBH and the respective user will be established through this agreement or the utilization of the OFFER. The place of jurisdiction is Hamburg, Germany as far as permitted under law.
DIGITAL MUSICIAN GMBH