TERMS & CONDITIONS
These are the general terms and conditions forming the basis of the legally binding agreement (“Agreement”) between you (“You / Your”) and Schmutz Media UG (“Us / We / Our”) and govern your access and use of the content and services (“Services”) offered by Us to You on this internet site, “www.schmutzberlin.com” as such is part of “www.schmutzberlin.com” (“Site”). You must accept, abide by and agree to this Agreement as presented to You and We reserve the sole exclusive right to change, alter, amend, vary, whether by addition or omission, the terms and conditions embodied in this Agreement at any time. You should read this Agreement on a regular basis as Your continued use of the Site shall constitute acceptance of any such changes, alterations, amendments or variations.
The Site provides digital recordings of music, artwork, audio-visual material, software and other associated products that You may download in accordance with the terms and conditions of this Agreement. You are permitted to listen to samples (“Samples”) of audio clips and obtain digital downloads of sound recordings (“Tracks”) and audio-visual material (“Material”) (collectively “Content”). The Service is provided strictly on a personal use basis and none of its Content should be used for commercial use.
In order to use the Service You require a compatible computer, internet access and certain software. Any responsibility to pay any fees and expenses associated with the use of and / or connection to the Service using any of the above shall rest with You. From time to time You may have to obtain updates or upgrades in order to use the Service which shall also be done at Your expense. The Service is not part of any other product, and no purchase or obtaining of any other product shall be construed to represent or guarantee You access to the Service.
When using the Site and the Service You acknowledge and understand that You may encounter Content that may be deemed objectionable, indecent or offensive. You agree that Your use of the Service is at Your own risk and agree that We are is no way liabile for Content that may be considered objectionable, indecent or offensive.
INFORMATION PROVIDED BY YOU.
In order to use the Service You agree to provide accurate, up to date and complete information as is required to register with the Service (“Registration Information”). You further agree to keep such information accurate, up to date and complete as and when required. If any information provided by You is false, incomplete or inaccurate We reserve the right to terminate Your right to use the Service. You agree that We may contact You via e-mail for any reason relating to Your account. You agree that We may store Your Registration Information in order to charge fees to Your credit card and maintain Your account. A condition of registration is that You provide Us with a method of payment in order to make purchases from the site, including access to downloads which we may offer for free from time to time, as introductory offers.
You agree that it is Your responsibility to ensure the confidentiality and security of Your account. You agree to abide by all rules outlined in this Agreement and to notify Us immediately in the event of any unauthorized use of Your password and/or account. You shall not access or attempt to access an account You are not authorised to access. We shall not be responsible for any loss arising out of such unauthorized use and You agree to indemnify and hold Us harmless, including Our subsidiaries, agents, affilates, partners, licensors, from any claim, liability, expenses, arising by way of such use.
USE OF SERVICE.
You acknowledge that Your use of the Service provided is regulated by trademark, copyright and other intellectual property laws and You agree to abide by such laws at al times when using the Service.
You agree not to:
(i) use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
(ii) post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
(iii) post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
(iv) threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
(v) use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
(vi) make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
(vii) collect or store personal information about others, including email addresses;
(viii) advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
(ix) impersonate any person or entity for the purpose of misleading others;
(x) violate any applicable laws or regulations;
(xi) use the Website/Services in any manner that could damage, disable, overburden or impair the Services or interfere with any other party’s use and enjoyment of the Services;
(xii) post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
(xiii) attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Services through hacking, password mining or any other means.
We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these terms and conditions or is otherwise objectionable.
You acknowledge that Your use of the Service shall be strictly for personal use and in no way whatsoever for commercial use. You are only permitted to download, store, make copies of, burn, the Content for personal use. You shall not attempt, assist or encourage the circumvention or modification of any part of the Service and the Site, including security, technology or software. You are not permitted to upload anything from the Site to the Internet. File sharing is strictly prohibited. You acknowledge that Your use of the Service is provided on an “as is” basis and We reserve the right to alter the Content at any time.
a. Agreement to pay. You agree to pay Us for all Content You purchase through the Service and further agree that We may charge You for such Content via the payment method You designated during registration for any additional amounts (including any taxes and late fees, as may be applicable) as may be accrued by You. In the event that You wish to change Your payment method or status You must do so in the “My Account” section. You acknowledge that time for payment is of the essence and You are responsible for the timely payment of any and all fees due. You further acknowledge that You are responsible for providing us with a valid credit card or other valid payment method to enable Us to receive any payments due.
b. Right of refusal. We reserve the right to refuse sale of Content or access to the Service for any reason.
c. Refunds will be considered on a case-by-case basis.
d. Right to change prices and availability of Content. Prices and availability of any Content are subject to change at any time. In the event of a price drop or promotional offer We do not offer refunds or price protection.
e. Sales. We sell Content to end users only and not to any person, firm or company that has an intention to resell.
f. Taxes. It is Your responsibility to pay any governmental taxes imposed on Your purchases (as applicable).
g. Payment Methods. Your obligation to make payment for purchases survives any termination of Your use of the Service.
h. Electronic Signatures and contracts. In order to use the Service You should have the ability to enter into agreements and / or to make purchases via electronic means. You acknowledge that any electronic submissions constitute Your agreement and intent to be bound by such an agreement and to pay for any purchases made via such agreements.
g. Delivery of Content. In the event that technical problems delay or prevent delivery of Content Your sole and exclusive remedy shall be to receive a refund of the price paid or replacement of such Content, as determined by Us.
h. Typographical errors. In the event that any Content is accidentally mispriced due to constant replacement or addition to the Content available to You We reserve the right to decline Your order where such order is based on a typographical error.
RIGHT TO EXPLOIT.
By inputting data into the Service You agree that We may copy, transmit, display, publicly perform, adapt or sublicense such information to provide, including to promote, the Service and / or respond to legal claims, threats or requirements. Should this involve use of any proprietary rights owned by You, You hereby grant Us a perpetual non-exclusive worldwide royalty free license to use such rights. You warrant that You own any such rights and therefore are able to grant a license.
You acknowledge that We own / license all of the Content and are the owners / licensees of any and all intellectual property rights subsisting in the Content and the Service and that such rights are protected by the applicable intellectual property laws. As such You shall not use any intellectual property right in any way whatsoever unless permitted to do so by Us in this Agreement. You agree not to create derivative works, reproduce, rent, lease, loan, modify, adapt, change, alter, sell, distribute or amend any part of the Service. You shall at all times use the Service in accordance with such ownership rights and the applicable laws.
Schmutz Media UG reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Schmutz Media UG Services at any time, for any or no reason, with or without prior notice, and without liability.
You acknowledge that Schmutz Media UG reserves the right to charge for the Schmutz Media UG Services and to change its fees from time to time in its discretion.
We may at Our discretion, at any time and without notice to You suspend and / or terminate Your account, use of the Service and access to the Site if at any time You fail to, or We suspect that You have failed to, comply and adhere to the terms and conditions of this Agreement. You shall remain liable for any and all payments owing on Your account up to and including the date of termination.
DISCLAIMER AND WARRANTIES.
a. By agreeing to the terms and conditions of this Agreement you accept that Your use of the Service and the Site is at Your sole risk. The Site and the Service are provided on an “as is” and “as available” basis and without warranties of any kind wither express or implied, to the extent permitted by law.
b. We shall make all reasonable efforts to ensure that Your use of the Service shall be uninterrupted and error free but We do not guarantee, warrant or represent that Your use shall be uninterrupted and error free and you acknowledge and agree that We may from time to time and without notice to You suspend, remove or cancel the Service for indefinite periods.
c. We shall make all reasonable efforts to protect information submitted by You but You acknowledge and accept that Your submission of such information is at Your sole risk and We are in no way liable to You for any loss or liability relating to such information.
d. We shall make all reasonable efforts to ensure that the Site is and will continue to be free from viruses, corruption, loss or other security intrusion but You acknowledge that We have no liability in relation to such.
e. In no way whatsoever, to the extent permitted by law, shall We, including but not limited to Our directors, employees and agents, be liable for any direct, indirect, consequential, incidental or special damages arising from Your use of the Service and the Site in any way whatsoever.
THIRD PARTY WEBSITES AND MATERIALS.
We are not responsible or liable for the content, functionality, accuracy and viability of any other website linked to the Site. We do not endorse any other website.
Nothing in this Agreement shall be deemed to constitute a partnership, agency or joint venture between You and Us.
Any and all notices sent by Us may be sent via e-mail to the e-mail address used for the Service or registered post to the postal address used for the Service. Any and all notices shall be deemed effective on the date of delivery.
We reserve the right to modify, alter, change, amend, update, revise in any way whatsoever this Agreement. Such modifications, alterations, changes, amendments, updates, revisions shall be deemed immediately effective and shall form part of this Agreement.
YOUR CONTINUED USE OF THE SERVICE SHALL CONSTITUTE YOUR ACCEPTANCE OF ANY SUCH MODIFICATIONS, ALTERATIONS, CHANGES, AMENDMENTS, UPDATES, REVISIONS.
This Agreement sets forth the entire agreement between You and Us with respect to the Service and the Site. This Agreement supersedes any prior agreements.
Should any part of this Agreement be deemed unenforceable or invalid the unenforceable or invalid part of this Agreement shall be struck out. The remainder of this Agreement shall remain effective in full.
COMPLIANCE WITH LAW.
The Site and the Service are controlled and operated in Germany. You agree to abide by the laws of Germany which apply to Your use of the Service and the Site.
This Agreement is governed by German law. Your use of the Service may also be subject to the laws of other countries. You agree that exclusive jurisdiction lies with the Courts of Germany.
We recognise that your privacy is very important to you and that it is your right to control your personal information. We know that providing personal information is an act of trust and we take that trust seriously.
If you register for any of the Services you will be asked to provide basic personal information. The information is used solely for notifying you of changes or updates to the Website/Services. Schmutz Media UG will not store your credit card or debit card details. Further Schmutz Media UG will not sell, rent or otherwise disclose any of your personal information, including your email address, to any third party without your consent unless: 1) we are required to by law; or 2) if it is necessary to provide the Services.
COMMUNICATIONS FROM US AND MAILING LISTS
In order to keep our users informed about the operation of our Website/Services, we may send e-mails and announcements to your personal email address that you have provided to us upon registration. We may also offer options for you to sign up for our mailing lists without having to use any product or service. For additional information and offers, we give you the option of joining our mailing lists and you can unsubscribe at any time. We may also use website cookies in order to gain information about our visitor demographics and activity, and in order to advertise about our Content to said visitors, where relevant.
If you pay Schmutz Media UG for the Services, your payment information will only be used to check that it is a valid method of payment and to process your payment. No payment information is kept by Schmutz Media UG other than to facilitate the provision of Services to you.
To monitor and improve the performance of our technology, we capture other data such as search criteria, results, downloads and purchases. We also gather information such as date, time, connection speed and IP address of all service users. We keep this information for our internal security audit log, aggregate trend analysis and system administration. We sometimes use third party service providers to help us track the activity and user flows within our service. These third parties may use temporary cookies and/or web beaconing technology to facilitate such tracking. Such tracking would track an individual user’s movements but the data would not be tracked in a personally identifiable way. Such data would be stored and analyzed on an aggregated basis solely for the purpose of internal analysis by Schmutz Media UG to improve the Service.
Schmutz Media UG has implemented technology and security features, as well as strict internal guidelines, to safeguard the privacy of your personal information from unauthorized access or improper use. We employ SSL encryption to secure your personal data and payment information. We will continue to enhance our security procedures as new technology becomes available. While we make every effort to ensure that your information is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.