Terms & Legal Conditions

Preamble:

The subsequent Terms Of Use (»Agreement«) are a legal and binding addendum to the contract between you (»Licensee«) and CREATIVEDITION Heimo Bratke e.U. (»Licensor«). This Agreement governs the use of any content accessible on the Licensor's web site, which may be downloaded from the data server operated by the Licensor or allied distribution contractors. Such contract becomes effective by deploying content of this web site in any way described below.
Please read carefully this Agreement prior to using any content of this web site. By using or otherwise accessing the site, or any component thereof, you hereby consent to and do become a party to this Agreement and you agree to be bound by and comply with the terms and conditions contained herein. If you do not accept and agree to all of the terms and conditions of this Agreement, please do not use the site. »Use of the site« means any access or attempted access for downloading any content of the site.
At the bottom if this page you find a link for downloading this Agreement as PDF (Adobe Reader required).

§ 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.
The Licensor declares, that he is either the unrestricted owner of the downloadable content, or that he has been entitled by the legal owner of the work to deploy the content exclusively or in part thereof.
Any use of content of this site as described in §3a thru 3c shall constitute your status as a Licensee with the obligation of payment of fees, which have been assigned by the Licensor and shall be paid to him or the allied distribution contractor.

§ 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.
The Licensee is entitled to acquire the non-exclusive right of private and/or commercial use of content of this site, by applying one license option for each selected item of content. Application is to be activated by completion of the respective form in the web based cart system of Catooh or Jamendo, which is accessible by clicking onto the corresponding button in the column Buy License in the sound pool pages of this site. After having activated the required number of licenses, the cart system allows the completion of secure payment via PayPal. The Licensor assures, that he shall use the Licensee's personal data for administration of this contract only.
After the payment has been confirmed by PayPal, the Licensor shall send an e-mail to the Licensee, containing a direct link for downloading the licensed content, as well as the invoice of the license fee for all activated licenses, becoming valid henceforward. In addition, the Licensor shall supply a Standard Release to exempt the Licensee from any further obligations towards the local collecting societies (like GEA, AUME, SUISA, ASCAP a.o. This Standard Release shall not be edited with a license to private use).
The Licensee shall be responsible to follow the restrictions as determined by the acquired license options and is liable to indemnification in case of varying use of content.
Further conditions in terms of disclaimer and cancellation shall be treated in §6.

§ 3 - License options:

The Licensor distinguishes the subsequent license options:

• Private use
• Non-profit application
• Commercial use

(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.
A private use is also given, when using the content as pupil, student or apprentice within a class or educational training on your own initiative. In this case please observe the following restrictions:
You are obliged to apply credits to »Hasba Calling Sound System« in the documentation of your work. On synchronizing content with a movie or a video a copyright note is obligatory in the front credits or end titles of the movie:

The content's name or titel
© Hasba Calling Sound System
www.hasba.net

(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:
File format PCM-WAV, sample rate 44.1 kHz, 16 Bit, stereo.

§ 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.
Each license to use the content is valid after the payment has been accomplished, depending on the license options selected. After this, the contract between Licensor and Licensee due to this Agreement is non-redeemable for both parties. In particular there is no title of refund of license fees, if the Licensee abandons the right of use, as granted by the selected license option. However he is allowed to modify the use of content in terms of an inferior type of use than dedicated by the selected license option, but with no refund of the remaining amount.
The Licensor does not influence the way of use of the content, applied by the Licensee. Notably the Licensor does not accept any responsibility in terms of an ideological connection between the licensed content and the Licensee's project. A copyright advice, pointing out the licensed content, is optional (except for educational purpose, see §3a), but it must refer to the licensed content without ambiguity.

§ 7 - Applicable law:

The law of the Federal Republic of Austria, court of jurisdiction is Wiener Neustadt (Austria).

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