General Terms and Conditions of Business and UseI. General
1. artistxite ("we"/"us") is operated by City Contor Development CCD AG, Grimm 12, 20457 Hamburg, Germany.
2. The Internet portal www.artistxite.com offers individual music tracks and music videos, complete music albums and compilations of music tracks and music videos in digital form as well as electronic books (e-books) which the Customer may purchase online and subsequently download (hereinafter collectively referred to as "works").
3. The following General Terms and Conditions of Business and Use in their version valid at the time of contract conclusion shall apply to the use of the Internet portal "ar-tistxite.com" (accessible at the Internet domains "artistxite.com", "artistxite.de" and other Internet addresses, hereinafter collectively referred to as "artistxite.com") and to the commercial relationship between us and the Customers. We hereby reject deviating terms and conditions and contractual offers of the Customer. Supplementary provisions may apply to individual services or functions, which shall be separately agreed with the Customer.
4. A "Customer" in terms of these General Terms and Conditions of Business and Use is anyone who uses artistxite.com, in particular anyone who acquires digital content ("works") via artistxite.com.
1. Registered Customers may acquire usage rights to works via artistxite.com. The works are provided as downloads.
2. Offers and services of third-party providers may be provided via partner links. Where the Customer makes use of the services of a third-party provider the contract shall be exclusively with this provider and not with us.
3. A broadband Internet connection (768 kb/s or higher) is recommended for the use of our services.
III. Registration and termination
1. Registration is necessary to use artistxite.com. Any natural person of full legal capacity may register. Registration is carried out through setting up a user account and agreeing with these Terms and Conditions. In the course of registration, Customers will be asked to enter their e-mail address and a password. The usage agreement is concluded upon confirmation of registration. Confirmation is made through sending of a confirmation e-mail by us and activation of the user account by the Customer. There is no claim to the conclusion of a usage agreement.
2. Customer must enter true and (insofar as necessary for registration) complete information in the course of registration. We reserve the right to check the correctness of registration data using legally permissible means. The Customer is under obligation to update registration data in case of any changes without delay.
3. The usage agreement may be cancelled by the Customer at any time by deleting the user account. Deletion may be arranged through the contact form for Customer Services accessible through the "Contact", "Support" or "Customer Service" link or by e-mailing email@example.com. A cancellation of the usage agreement shall not affect the rights and obligations arising from contracts on the acquisition of usage rights via artistxite.com which have already been concluded.
4. User accounts are non-transferrable and may not be made available for use by third parties.
5. Upon termination of the usage agreement we shall be entitled and obliged to delete the user account in question with all contents. In particular, users will not thereafter be able to download previously purchased works again.
6. We are entitled to cancel the usage agreement without notice if there is good cause for cancellation. Good cause is constituted, in particular, by the Customer culpably and significantly, or repeatedly, breaching these Terms and Conditions. Breaches by third parties acting upon the Customer's inducement shall be equivalent to such a breach.
IV. Customer's general duties
1. The Customer shall have sole responsibility for the contents published by him via artistxite.com and our social media services (in particular Facebook, Twitter and Myspace) and for the information contained therein. When using our services, Customers may not infringe applicable legal regulations or contract provisions. In particular, Customers must not infringe any rights of third parties (e.g. personal rights, copyrights, commercial property rights or any other rights).
2. Customers must keep confidential data, especially passwords, secret. In case of misuse or suspicion of misuse the Customer must inform us immediately and change his password.
3. The Customer shall indemnify us against all damage and expense which we may incur as a result of infringements caused by the Customer. The indemnity from liability shall also include the costs of the legal defence to an appropriate, but legally admissible extent.
4. Subject to further claims and rights, we reserve the right to block or delete contents which infringe these Terms and Conditions or legal regulations, without prior notice. Furthermore, we shall be entitled to block contents until the factual situation and legal circumstances have been clarified if third parties allege an infringement against us or we obtain knowledge of the suspicion of an infringement in any other way.
5. The Customer shall only use the contents published via our Internet services on the basis of a valid grant of rights. Use in the absence of a valid usage agreement – re-gardless of whether private or commercial – is not permitted. This shall exclude the technically necessary usage transactions in the context of viewing our websites (replica-tion in the browser cache).
V. Acquisition of usage rights
1. The offering of works by us shall merely constitute an invitation to the Customer to make an offer. The Customer may make this offer by clicking on the respective down-load button, acknowledging these General Terms and Conditions and entering his details for the chosen payment method (via PayPal). By providing the digital content for download we accept the Customer's offer to purchase (declaration of acceptance). In deviation from the above, in cases of pre-ordering the Customer's offer shall be ac-cepted upon debiting of the Customer's PayPal account. The Customer shall receive a download confirmation to the e-mail address entered upon registration, which shall also serve as storable proof of the contractual object which forms the basis of the order. We reserve the right to combine several transactions in one download confirmation.
2. The contractual content of the agreement on the acquisition of usage rights shall be in accordance with the options and scope of rights chosen in each case. Options other than those technically offered by artistxite.com shall not become a part of the contract. The service specifications of the digital contents shall not constitute a declaration of guarantee with regard to universal playability and the quality of the works.
3. The contract on the acquisition of usage rights to works shall be concluded subject to the availability and deliverability of the works requested by the Customer. Where works are not or no longer available for reasons for which we are not responsible we shall not be obliged to deliver. The Customer shall be informed as soon as possible of any non-availability. Any payments already made by the Customer in this regard shall be returned.
4. The option of renewed download is a voluntary service provided by us and does not constitute part of our contractual obligation. The Customer shall be solely responsible for the backup of files of purchased works.
5. Music tracks on www.artistxite.com are provided in MP3 format and other formats. The Customer acknowledges that the playing of contents is dependent on the player used and that special compatibilities or properties of the file format in question shall only become a contractual component upon separate, express agreement.
6. Payment by the Customer must be made through one of the payment methods offered. The choice of payment option is binding.
7. Subject to an agreement to the contrary, Customers may access the files of works to which they have purchased usage rights exclusively in electronic format via our websites. There are no further claims, in particular to the provision of additional copies or data carriers.
VI. Usage rights to works
1. Subject to an express agreement to the contrary, the Customer shall acquire only a non-exclusive, non-transferrable usage right to the acquired piece for his own, private, non-commercial purposes. Any further use, especially in or on not expressly included media, in a deviating time period or geographical area, in a processed form and/or the processed version itself shall require an express additional grant of rights. The transfer of usage rights and sub-licensing shall require the separate and express consent of the rights holder. The same shall apply to any public performance or making publicly available of works (in particular via file sharing sites). Upon expiry of a usage right limited in time the Customer shall be under obligation to delete the data in question, including any existing copies.
2. The Customer herewith pledges to use the usage rights acquired in individual cases exclusively within the permitted scope. We herewith draw the Customer's attention to the fact that any use outside the scope of the grant of rights may result in claims for injunctions, information and damages of the rights holder. Copyright notices must not be removed.
3. All granting of rights shall be valid only where the Customer has provided the agreed consideration, and shall expire upon rescission of the contract on the acquisition of rights.
VII. Right to revoke
We exclusively provide works for download. Under Art. 312d (4) No. 1 of the German Civil Code (BGB) the Customer is not entitled to a statutory right of revocation for such contracts on distance selling, as a good provided for download is by its nature not suitable for return.
VIII. Contract languages and saving of the contract text
1. German and English are available as contractual languages.
2. Once a Customer has logged in to his user account he may trace the digital content purchased under "Account/Locker". However, we do not save individual orders with all details and only keep them for a limited time. Moreover, the contract text is not saved by us and cannot be accessed after completion of the order process. The Customer may print these Terms and Conditions and the order details prior to sending his order and shall receive an e-mail following ordering, which shall again detail the Customer's order (download confirmation).
IX. Prices and payment terms
1. The prices given in the offer in question at the time of ordering apply. Prices are quoted inclusive of the applicable VAT and only apply to the purchase of usage rights within the Federal Republic of Germany.
2. The Customer shall be under obligation to render the payment due for the service in question.
3. Payment is made by direct bank transfer or credit card through the transaction service provider PayPal. The General Terms and Conditions and Terms and Conditions of Payment of PayPal (www.paypal.de) shall separately apply in this context.
4. Depending on the transaction service provider, transaction costs may arise in the context of payments, which are payable by the Customer. Information on the extent of these costs may be obtained from the Customer's payment agent.
5. Subject to deviating Terms and Conditions of Business and Payment of the transaction service providers, invoicing shall be by e-mail only. We shall be entitled to invoice several purchases within a period of a maximum of one month collectively, or individually, via the payment method chosen by the Customer.
6. The invoice amount stated shall be due upon invoicing.
7. The Customer shall be under obligation to pay any sums due as a result of fraudulent use of his account, unless the Customer can prove that he was in no way at fault with regard to the misuse of his login details. This shall also apply to payments incurred through minors or other users using the Customer's account and login details.
8. Where vouchers are used to purchase download content, the applicable value will be deducted from the stated price of the product following entry of a valid voucher code. Vouchers are only offered for particular download contents, so that their value may not be used to obtain deductions from other contents. The voucher options with regard to validity in time and content are determined separately by each individual voucher campaign. The Customer shall under no circumstances have a claim to a cash payout of the voucher value. Where the value of the voucher is not equivalent to the purchase price of the product requested by the Customer the purchase price remaining after deduction of the voucher value is payable by the Customer.
9. The customer shall bear all costs incurred, such as e.g. the costs of access to the internet or for the transfer of data, any required licences for software and any hardware and software necessary for the use of the works.
10. In cases of payment default we shall be entitled, without prejudice to any further rights and claims, to block the Customer's user account until all claims have been met in full. The Customer's obligation to meet on-going payment obligations shall be unaffected.
11. The Customer shall only be entitled to settle up against accounts receivable if his counterclaims have been acknowledged by us or recognised by declaratory judgment. The Customer shall only be entitled to exercise a right of retention against us insofar as his counterclaim is based on the same contractual relationship.
X. Operations and availability
1. artistxite.com is generally available 24 hours a day. However, we are unable to guarantee availability. In cases of temporary non-availability the Customer's claim to serv-ices paid for but not yet obtained shall be preserved.
2. We are entitled to commission third parties to provide parts or all of the scope of services. This shall not affect our responsibility for legal or contractual obligations.
XI. Suspending access
1. We reserve the right to suspend a Customer's access to our services in cases of significant breaches of duty on the part of the Customer (e.g. infringement of copyrights, misuse, incorrect registration data, etc.). In particular, we shall be entitled to block access where the Customer is in default with regard to payment obligations despite warning notice. The payment obligation and the assertion of further claims due to payment default shall be unaffected.
2. We reserve the right to suspend a Customer's account access if login details (e-mail address or password) are entered incorrectly three times in succession. In this case, we shall inform the Customer of the suspension and the steps necessary for release as quickly as possible via the e-mail address provided.
XII. Data protection and data security
1. We respect our Customers' privacy and comply with all applicable data protection provisions. Personal data are use exclusively within the scope necessary to provide our services. In accordance with the statutory provisions, we shall obtain the Customer's consent prior to any other use. In particular, personal data will not be disclosed to third parties without the consent of the party concerned, unless this is a necessary condition for contract performance (e.g. in order to enable the performance of contracts exe-cuted via artistxite.com). This shall not apply where we are obliged to disclose data for legal reasons. Moreover, this shall not apply where the disclosure of collected data is required to investigate misuse or collect receivables. Details may be found in our data protection declaration.
2. We shall be entitled to block Customers who have given occasion to terminate for good cause from renewed use of artistxite.com. The data required for this blockage may be saved by artistxite.com for a maximum period of two years from the end of the usage agreement.
XIII. Other liability
1. Claims for damages against us shall be excluded. This exclusion does not include claims of Customers for damages resulting from the loss of life, limb and health or the breach of material contractual obligations (cardinal obligations) and liability for other damages attributable to a wilful or grossly negligent breach of obligations on the part of us, our legal representatives or our vicarious agents. Material contractual obligations are obligations whose fulfilment is necessary for achieving the purpose of the contract and obligations on whose compliance the Customer as a contractual partner may rely as a matter of course. In the event of a breach of material contractual obligations, we shall only be liable for the contractually typical, foreseeable damage if this was caused through ordinary negligence, unless Customer claims for damages resulting from the loss of life, limb and health are involved.
2. We shall not be liable for the suitability of our services for attaining any particular economic success. We shall not be liable for equipment or services outside of our sphere of responsibility, especially not for the non-availability of our services due to disruptions of the Internet or services or equipment used for the Internet or the provision of ac-cess to the internet.
3.Liability for loss of life, limb and health, any assumed guarantees and liability in accordance with the Product Liability Act (Produkthaftungsgesetz) shall be unaffected by the above limitations of liability.
4. We have checked the offers linked with our websites and have not found any illegal content. However, the content of linked websites may change over time. We do not have any influence over the content of linked websites and do not accept any liability for these contents.
5. Where our liability is limited or excluded this shall also apply to our legal representatives, organs and employees and accordingly to any claims for reimbursement of costs.
XIV. Concluding provisions
1. The law of the Federal Republic of Germany shall apply to all legal relationships arising from the use of artistxite.com.
2. These General Terms and Conditions shall continue to be valid where our services are used outside the Federal Republic of Germany.
3. Any invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions.
4. Where the Customer is a registered trader, a corporate body under public law or a special fund under public law the exclusive place of jurisdiction for all disputes arising between the Customer and us in connection with the contractual relationship shall be Hamburg, Germany. The same place of jurisdiction shall apply where the Customer does not have a general place of jurisdiction within the country or his place of residence or usual place of abode is unknown at the point of commencement of legal proceed-ings.
XV. Online Dispute Resolution
The European commission will soon provide a platform for online dispute resolution. We would like to point out that the link to the online platform is not yet available. As soon as the platform is available, we will link to it from here.
© This document or parts thereof may only be printed and/or used with written authorisation.