Klangwirkstoff Records
Ambient Music meets Science
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| Ambient Music meets Science |
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Terms of use
1. Area of application of the Terms of Use
The Internet service on the domain myx2u.com is a service of the Myx2U UG (haftungsbeschränkt), Hansaring 98, 50670 Cologne, Germany - hereinafter referred to as Myx2U. (to imprint)
The following Terms of Use contain the basic rules for using this service; these apply starting from their inclusion for each future use of the services offered and provided on the domain myx2u.com. By utilising the service and the checkbox, which must be activated during the registration procedure for a service requiring registration, the user expressly agrees with the following Terms of Use.
2. Services of Myx2U
Myx2U operates a download site on the domain myx2u.com for the legal download of digital media against payment, in particular of music tracks (mp3 format), for the purpose of permanent storage on data media of users - hereinafter referred to as Contents.
The registered user can select individual contents on-line, which are available in his/her music box after accomplishing payment. The user has the option of downloading the purchased contents ten times from his/her music box within seven days after acquisition. The purchased contents are automatically deleted from the music box after expiration of seven days and cannot be downloaded by the user anymore. The user is not entitled to renewed provision of the acquired contents by Myx2U after expiration of seven days. The user can only download contents digitally. Acquired music tracks can be played on all popular end devices for digital music. Myx2U does not guarantee compatibility with the end devices of the user.
The user can use the Search for Music button on the welcome page of the Myx2U database to search for contents of all labels using the selection criteria album, artist, song title and label as a full text search as well as for contents of individual labels in the respective label lists using the selection criteria album, artist, song title and label as full text search. The tracks corresponding with the search criteria are displayed to the user in a hit list. The provision of these search functions is free of charge and exclusively for private use.
The user can listen to samples of the individual contents free of charge before making a purchase decision. In order to listen to the audio samples, a music player is integrated into the Myx2U websites to play the audio samples. Audio samples cannot be stored and are only meant to help the user come to a decision concerning the download of a music track for a fee. Myx2U neither guarantees compatibility of the integrated music player with the user's computer nor with the software used by him/her on his/her computer.
Myx2U explicitly reserves the right to offer further services on the domain myx2u.com for a fee in the future. In this case, the user will be advised of the fee before using the respective service. The user will therefore not incur any hidden costs.
3. System requirements
In order to use the services of Myx2U, the user must have an up-to-date Internet access for electronic services and media with DSL speed, which he/she maintains at his/her own expense. Furthermore, the user requires an up-to-date web browser and an mp3 compatible software player. Myx2U does not guarantee compatibility with the devices used by the user.
4. Registration and duration of the use authorization
In order to use the services of Myx2U, the user must register on the website myx2u.com and create an account. Registration and creation of the account is free of charge for the user.
Apart from trade professionals, companies and other enterprises, registration is only possible for natural persons who have full legal capacity. Myx2U reserves the right to request proof of legal capacity at any time.
The user is obligated to supply truthful and correct information according to the specifications on the registration form when registering. Successful registration is only possible if all mandatory fields have been completed.
The user determines a user name at registration. No rules apply when selecting the user name. The user receives an automatically generated password from Myx2U after registration, which he/she can change and redefine in his/her account after initial registration. The new user password must consist of at least six characters and can contain numbers, punctuation marks and so-called special characters apart from letters.
The user is obligated to keep his/her access data secret and not to pass the data on to third parties. Myx2U is entitled to close the user's account if the user name and/or password have been repeatedly entered incorrectly. The user is obligated to correct the information in his/her account immediately, if the data specified at registration changes at a later date.
Myx2U is entitled to examine the registered information of the users by suitable measures and to refuse incomplete and/or untruthful registrations and/or to delete the entire account. Myx2U is entitled to immediately block access to and/or delete the entire account, if misuse of an account and/or access data is suspected.
The user receives an account for an unlimited period at conclusion of the registration. He/she is then entitled to use and administer all services offered on the website myx2u.com for an unlimited period.
The user can terminate his/her account with three months' notice effective at the end of each month. The notice of cancellation must be forwarded to Myx2U in writing by letter or email. (imprint).
Myx2U is entitled to terminate the use authorization of the account temporarily or finally and without prejudice to further legal measures, if the user breaches one or several of these Terms of Use.
Reuse of a service requiring registration on the domain myx2u.com by the user is dependant on prior, express written agreement of Myx2U, if a breach of these Terms of Use has resulted in termination of the use authorization.
Irrespective thereof, Myx2U can cease to provide the services offered on the domain myx2u.com at any time, without stating the reason and/or previous announcement. In this case the authorization of the user to use the service ends with termination of the services.
Myx2U will notify the user as soon as possible of the termination of the offered services, so that the user has sufficient opportunity to download the acquired and still available contents in his/her music box before termination.
Myx2U is entitled to delete the user's account and music box in all cancellation and/or termination cases. Individual music box contents are no longer available to the user after deletion. The user is advised that the data he/she made available are likewise deleted. The user has no right to have the data he/she made available returned or surrendered in a tangible form.
The Terms of Use continue to apply in all account cancellation and/or termination cases, as far as their application refers to conclusion of a contract or conduct before the end of use. The rights of use granted with the acquisition of contents continue to apply after termination of use pursuant to these Terms of Use.
5. General obligations of the user
Myx2U permits the user to utilise the services offered on the domain myx2u.com in line with these Terms of Use and the existing legal regulations.
The user recognizes that he/she is exclusively and without restrictions responsible for all activities, which are carried out via his/her user profile, in particular concerning the acquisition of contents. This also applies to the use of his/her user profile by unauthorized third parties and the consequences of this misuse, e.g. fees, which have resulted due to unauthorized acquisition of contents via the user's account.
The user undertakes to use the services offered on the domain myx2u.com exclusively for his/her own and private purposes. The user in particular undertakes not to lease or sell his account to third parties or offer or make it available to third parties for advertising purposes.
The user furthermore undertakes to desist from all activities, which could impair the operability of all services offered on the domain myx2u.com.
The user is obligated to reimburse to Myx2U all ensuing damages and expenditures including all legal expenses, if he/she breaches one and/or several of the above-mentioned obligations or other contractual agreements.
6. Conclusion of Contract
The presentation of downloadable contents offered by Myx2U, does not constitute an offer to conclude a contract, but is merely a request to the user to submit an offer. The user submits a binding offer as a registered user, by selecting individual contents, placing these in his/her shopping cart and submitting a binding order for the contents of the shopping cart to Myx2U, by clicking the order button.
The user is automatically redirected to the website of the payment service, in order to pay the ordered contents. We refer to item 7 of these Terms of Use and to the General Terms and Conditions of the respective payment service concerning details and payment procedure terms. (General Terms and Conditions of PayPal, General Terms and Conditions of Word Pay) After successful payment the user returns to his/her account at Myx2U via a link on the website of the respective payment service, where the acquired contents are available in his/her music box for downloading and further use. The provision of the ordered contents in the user's music box is considered Myx2U's declaration of acceptance of the offer to enter a contract.
Every contract between Myx2U and the user is concluded subject to availability and deliverability of the contents ordered by the user. Myx2U is not obligated to deliver contents, if these individual contents are not available or not available any longer. Myx2U will inform the user on the unavailability of ordered contents. Fees already paid will be refunded to the user, as the case may be.
Myx2U reserves the right to refuse the user's application for conclusion of contract for important reasons, in particular if these Terms of Use have been breached and/or in the case of existing payment arrears from preceding orders and/or known copyright infringements or other infringements by the user.
7. Prices and methods of payment
The respective prices for individual contents can be inferred from the respective on-line advertisement and/or description of the individual contents. Myx2U is entitled to change the prices for individual contents at any time. All prices include the legal value added tax. There are no additional delivery and forwarding charges.
The user can use the PayPal payment service to pay for the individual downloads. The user must hold an account at PayPal for this purpose. We refer to the General Terms and Conditions of PayPal concerning opening of such an account and further payment terms via PayPal (General Terms and Conditions of PayPal).
The user can also use the World Pay payment service and the associated credit card and other payment companies to pay for the individual downloads. We refer to the General Terms and Conditions of World Pay concerning the terms applicable for using this service (General Terms and Conditions of Word Pay).
We advise the user that the payment services can charge further transaction fees for handling the payment. The user is furthermore advised that further costs can possibly accrue when acquiring or downloading contents, which are charged by the respective Internet service provider of the user for providing the Internet connection.
If not otherwise governed in the General Terms and Conditions of the settlement service providers of Myx2U, the user invoice is issued by forwarding the invoice to the music box of the user after each successfully accomplished and paid order. The user can download every invoice from his/her music box and print it within a six-month period after the respective order. Each invoice is at the same time also considered storable proof of all subject matters of the contract underlying the orders.
8. Acquisition of rights
Upon acquisition of contents the user is granted the simple, non-transferable right to use the acquired contents unrestricted by time or place for personal and private use. After that, the user is in particular entitled to download the acquired contents from his/her music box to his/her computer, to store them there, to copy them on different data storage devices, to burn them on data media and in particular to play them. Myx2U is entitled to restrict the granted rights in individual cases.
The user is advised that contents offered by Myx2U are protected by copyright and that the user may only use acquired contents pursuant to these Terms of Use.
The user is not permitted to utilise the acquired contents for commercial purposes, i.e. sale, marketing, or other means of disposition. The user is not entitled to modify or edit the acquired contents and/or to make them accessible to third parties by exchange (e.g. in so-called Internet file sharing services).
Myx2U reserves the right, to use a Digital Right Management System (DRM), in order to provide protection against unauthorized use of contents and/or to apply a digital watermark to individual contents.
9. Offset
The user is only entitled to offset, if his/her counterclaims have been established legally binding or are not contested by Myx2U. The user is only entitled to exercise the right of lien, if his/her counterclaim is based on the same contractual relationship.
10. Guarantee, liability and limitations of liability
Myx2U guarantees neither the sound quality of the contents made available for acquisition nor that these can be played on all players. The guarantee regulations pursuant to sales law govern the user's rights in case of defects of the provided contents.
The user uses the services provided on the domain myx2u.com at his/her own risk. Myx2U is not responsible for damage to the computer system of the user, for the loss of data and other damages, which the user could sustain during use of the offered services.
The liability of Myx2U for neglect of contractual duty as well as for offence is limited to intent and gross negligence. Myx2U is only liable for slight negligence, if substantial contractual obligations (so-called cardinal obligations) have been breached. In this case, the liability of Myx2U is limited to the typically foreseeably ensuing damages at conclusion of Agreement.
The liability for injury to live, body or health, pursuant to the Product Liability Act as well as the assumption of warranties or fraudulently concealed defects in connection with the services offered on the domain myx2u.com remains unaffected.
The above-mentioned limitations of liability also apply to all affiliates of Myx2U as well as to the personal liability of personnel, employees, coworkers, representatives, partners and vicarious agents of Myx2U as well as to all affiliates of Myx2U.
11. Availability of the offered services
Myx2U strives to make the services provided available to the users at any time and in its entirety. Myx2U does not assume any liability for continuous usability and/or accessibility of the offered services as well as for transmission delays, incorrect transmissions, memory losses, and associated restrictions of the offered services. Myx2U expressly points out that temporary interruptions of the Internet service and/or individual services can occur in the course of necessary maintenance work on the website.
Myx2U expressly reserves the right to suspend completely or partly the offered services at any time and without previous announcement and/or to limit their availability.
12. Indemnity
The user expressly undertakes to indemnify Myx2U and the personnel, employees, coworkers, representatives, partners and vicarious agents of Myx2U and/or affiliates of Myx2U from all claims, asserted by third parties on account of and/or in connection with contents, which the user acquires in the scope of the services offered on the domain myx2u.com or on account of any other use of an offered service or if these Terms of Use have been breached by a user. The user will reimburse to Myx2U all damages and expenditures ensuing in this respect including possibly accruing legal expenses.
13. Copyright, ancillary copyright, trademark and other industrial property rights
The user acknowledges that only Myx2U is entitled to all rights to the Internet service on the domain myx2u.com and its designation including any copyrights or ancillary copyrights, patent, trademark, and licensing rights, rights of ownership or other rights or comparable legal positions in relationship to the user and that these rights may not be used to an extent exceeding these Terms of Use without express prior written agreement by Myx2U.
14. Data protection
Use of the Internet service on the domain myx2u.com is subject to Myx2U's Privacy Policy, which is an integral part of these Terms of Use for reference purposes.
15. Final provisions
The user agrees expressly that legal statements of Myx2U can be forwarded to him/her by email. For this purpose, emails are considered as delivered if they are stored in the email box of the user or that of his/her Internet provider as retrievable.
Myx2U reserves the right to amend or supplement these Terms of Use at any time with future effect. The user will be notified of all amendments of the Terms of Use by email forwarded to the e-mail address previously indicated during registration and requested to confirm inclusion into the existing contractual relationship by clicking on the specified link at the end of the respective email. The user also agrees with the amendments of the Terms of Use, as soon as he/she uses the services requiring registration on the domain myx2u.com for the first time after the amended Terms of Use have been forwarded to him/her.
The user furthermore agrees to be notified of innovations and/or modifications of the Internet service on the domain myx2u.com by newsletter and expressly accepts receipt of the newsletter by email at the email address specified during registration. The user has the option of cancelling the newsletter at any time by email using the indicated link at the end the respective newsletter.
Should one of the above Terms of Use be or become ineffective and/or incomplete, then all other Terms of Use shall not be affected thereby. The ineffective and/or incomplete provision shall be replaced by such a provision, which comes nearest to the legal purpose of the ineffective and/or incomplete provision. The same shall also apply if the Terms of Use are found to contain omissions.
Place of jurisdiction for all disputes arising from and in connection with these Terms of Use is governed by the laws of the Federal Republic of Germany. Cologne in the Federal Republic of Germany is agreed as exclusive place of jurisdiction, if the user is a merchant, public entity or a special estate under public law. The same place of jurisdiction applies, if the user has no place of general jurisdiction in Germany or his /her domicile or place of residence is not known at the time of filing action.
The laws of the Federal Republic of Germany with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods govern this Agreement.
This Terms of Use can be downloaded here as a PDF-file. Herefore you need the free Adobe Acrobat Reader.
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