Terms & Legal Conditions
§ 1 - Use of content on this web site:
Any content of this site is accessible without limitation to every visitor for personal audio and video replay. Playback of the content in full length is allowed for free and without any limitation or commitment at any time on a data terminal in your discretion. An obligation in terms of this Agreement arises, as soon as you deploy the content beyond your data terminal or allow access to a third party in any way.
§ 2 - Acquirement of license:
The Licensor offers all downloadable content of this site in cooperation with allied distribution contractors, Catooh Corp. and Jamendo.com. License terms, pay scales and payment conditions shall be designated and governed by these contractors, with all details accessible via the corresponding web sites. The entity of license options is part of this Agreement and may be modified, extended or discontinued at any time by the Licensor.
§ 3 - License options:
The Licensor distinguishes the subsequent license options:
(3 a) - Private use: is given only, if you use the content of this web site solely in your private and family environment (including also friends, school and work mates, etc.). In contrast, private use is not given, if the content is used by an external contractor in order to create a production ordered by a private person, even when this production is to be performed afterwards within the scope of private environment only. In this case, the contractor or producer is liable to purchase a commercial license.
The content's name or titel
(3 b) - Non-Profit application: is only given, when using the content in favor of a charitable organisation or as a trainer in an educational program for schools and universities. Public performance is allowed within the small scope of schools, companies, clubs & associations, as well as in non-commercial web sites and private postings with YouTube, Google Video or similar platforms for non-commercial productions.
(3c) - Commercial use: is always given when using the content in any way for public access or on publishing the content in audio-visual media environment (which is, without pretension of totality: Movie, Video, CD/DVD, audio cassettes, software programs, games, TV & radio programs, multimedia presentations, commercial web sites, trade fairs etc.), no matter whether for a consideration or for free.
The different license options have been listed and described on the Catooh's and Jamendo's web sites. In case that a Licensee intends a very particular use of content, which may not be drafted by the given options, he may acquire a special license on request. The corresponding contact opportunities are accessible under the menu item Contact on top of this site.
§ 4 - Area of license application:
Each license granted by the Licensor is valid for one project without local limitation for all countries of the world. A project in terms of this Agreement is a completed production containing textual, graphic and musical components, which have been compiled electronically. In contrast, the live performance of adapted versions of content of this site is not considered as project and therefore does not constitute a liability to purchase a license. Also this procedure does not require an announcement to local collecting services.
§ 5 - Property of content:
License is granted for each content »as is« without warranty of a particular consistency or property. The Licensee has the possibility for downloading each title of content as MP3-file, or - against appropriate surcharge - as WAV-file via the same way, where these audio parameters shall be guaranteed:
§ 6 - Disclaimer, cancellation and non-material dissociation:
Referred to §5f Abs.4 KSG (Austria) and §312 d Abs.4 Nr.1 BGB (Germany) the Licensee has no right of disclaimer resulting from Distant Selling Act for goods and services, because the content of remote data traffic (namely audio-, video- or software data) is not applicable for reconsignment. With audio files, the Licensor does not have a technical possibility to disable the use of downloaded content after elapse of a trial period. The content is available for audition on both web sites (Creativedition and Catooh & Jamendo respectively) in full length for checking out its property. Full replacement is granted in case that an item has been delivered with technical faults.
§ 7 - Applicable law:
The law of the Federal Republic of Austria, court of jurisdiction is Wiener Neustadt (Austria).