Terms and conditions of Yoursounds for the use of services on „www.your-sounds.com“
1.1. These terms and conditions as amended from time to time apply to the use of all services on www.your-sounds.com, provided by Kuchenbecker & Knon GbR, Eckhard Kuchenbecker/Günter Knon, Aschaffstraße 63, D-63741 Aschaffenburg, E-Mail: firstname.lastname@example.org (“Yoursounds”), by a customer.
1.2. The provisions of a negotiated contract are prior to these terms and conditions. Other stipulations, in particular customer’s terms and conditions, are applicable only if Yoursounds has confirmed those terms and conditions in writing.
2.Services and duties of Yoursounds
2.1. Yoursounds features the possibility to select and to download sound recordings of a sound archive on www.your-sounds.com and to use these recordings for productions (e. g. film-, TV-, advertising-productions) due to the “Terms and conditions for licensing and use of sound recordings of Yoursounds”.
2.2. Yoursounds provides the customer a web based interface, an archive of sound recordings and further resources to download the sound recordings in digital form as mp3 (320kBit/s), WAV (44kHz/16bit) and WAV (48kHz/24) and to save it on a personal computer.
2.3. The customer is authorised to use the sound recordings provided by Yoursounds to create and produce own productions on the basis of the “Terms and conditions for licensing and use of sound recordings of Yoursounds”.
2.4. To purchase sound recordings the customer has got to register on www.your-sounds.com. Yoursounds will open a customer’s account which is protected by pseudonymous login and password (customer’s data). The account can be used for downloading sound recordings as well as for further services provided on www.your-sounds.com. The customer will get access to his personal account by using his login and password.
2.5. After successful login the customer can listen on trial to sound recordings for free and unlimited before selecting and downloading. The trial version of the sound recordings includes a repeating bleep. There is no bleep in the purchase versions of the sound recordings. Every kind of use of the trial versions of the sound recordings and/or the removal of the bleep is prohibited.
2.6. For the purchase of sound recordings there are two different pricing models:
2.6.1. Download of single sound recordings
Every sound recording can be purchased separately. After Login to his account the customer can select a sound recording in the archive of www.your-sounds.com by a click on the button “Checkout”. Then the customer specifies the data required for the payment (section 3.3.) The customer confirms his entries by a click on the button „Confirm Order“. The contract concerning the purchase of the selected sound recording is bindingly concluded by a confirmation of Yoursounds thereof sent by e-mail.
2.6.2. After successful payment of the licence fee according to section 4. (i. e. when the amount has been credited to the bank account of Yoursounds) the selected sound recording will be made available to the customer for downloading in the personal section of his account. The customer will be informed thereof by e-mail. For a period of one week the customer will be able to download and to save (also multiple times) the sound recording to a personal computer. After the expiration of one week the download isn’t possible any more. Yoursounds fulfils its obligations by granting access to download the sound recordings and a notice thereof to the customer by e-mail.
2.6.3. Subscription of sound recordings
In case of regular demand of sound recordings the customer also can take out a subscription. A subscription enables the customer to get access to a great number of sound recordings in the archive on www.your-sounds.com at a bargain price. The payment of the downloads is based on the length of time of the downloaded sound recordings in seconds. The minimum price is based on 60 seconds (also in case of shorter sound recordings). The customer can choose a time credit (“download-minutes”) and download any sound recording of the archive up to the end of his time credit. For more details please see www.your-sounds.com.
To take out a time subscription for regular access to sound recordings the customer has got to select the requested subscription in the personal section of his account by a click on the button “Subscription for x min sounds”. In the next step the customer has got to provide his essential data for payment (section 3.3.). The customer confirms the entries by a click on the button “Confirm Order”. The contract is accomplished by a confirmation of Yoursounds per e-mail thereof. After successful payment of licence fee according to section 4. (i. e. when the amount has been credited to the bank account of Yoursounds) the customer will get a time credit according to the purchased download-minutes, which are available for download within period of the subscription. The access to download sound recordings is possible from the time of getting the download-minutes credited.
The subscription enables the customer to download any sound recordings of the archive of www.your-sounds.com within the personal time credit of download-minutes. The time credit decreases by the time in seconds needed to download the sound recording, in any case at least by 60 seconds. The customer selects the requested sound recording according to section 2.6.1. (in this case an entry of data for payment is not necessary). Then the sound recording will be available to the customer for (multiple) download. The customer will get a notice thereof by e-mail. Yoursounds fulfils its obligations by granting access to download the sound recording and a notice thereof to the customer by e-mail.
After expiration of the time credit downloading is impossible. The time credit expires 3 years after purchase. In case of renewal of a subscription the remaining minutes of the former subscription will be added to the new subscription.
Benefits of a subscription: the subscription can be used on different work stations. All downloads on different work stations are charged to the customer’s account. Sound recordings which have already been downloaded by using the customer’s account, can also be inspected from every of those work stations. After the first download of a sound recording the subscriber can download this sound recording multiple times without additional costs.
Yoursounds is entitled to change and/or to limit services and design of www.your-sounds.com if that doesn’t impact the customer’s services considerably and such a change or limit is reasonable. Furthermore at Yoursounds’ sole discretion certain sound recordings can not be accessible, can be removed or can be changed.
The customer has to pay for the sound recordings and the use thereof subject to the stipulations of section 4.
2.7. Sound-recordings on www.your-sounds.com are legally protected by copyright, trademark-law, right to a name and other. The customer has the right to use the sound recordings only for purposes mentioned in the “Terms and conditions for licensing and use of sound recordings of Yoursounds”. All use in excess thereof is prohibited.
2.8. When the customer registers he has got to specify his personal data including valid e-mail and postal address completely and correctly. Upon conclusion of the contract concerning the download of sound recordings or a subscription the customer furthermore has got to specify the bank account and all data necessary for the payment of the license fee. Subscribers have got to disclose any change of personal data to Yoursounds immediately.
The customer has demonstrably got to be at least at an age of 18 years to download sound recordings on www.your-sounds.com.
The customer is responsible for privacy and security of his account. The customer is obliged to inform Yoursounds immediately in case of any suspicion of an abuse of login data or password. The customer is liable for any activities on his account. Yoursounds reserves the right to block immediately the customer’s access to his account on www.your-sounds.com if Yoursounds comes to know that unauthorised persons use that account.
In case of infringement of these terms and conditions or of other applicable law in using services on www.your-sounds.com the customer is obliged to Yoursounds and other right holders to pay damages including necessary costs of assertion of rights. In case of violation of these terms and conditions or of “Terms and conditions for licensing and use of sound recordings of Yoursounds” Yoursounds reserve the right to block customer’s account immediately and permanently. Remaining (time) credits of the customer can be charged against damages of Yoursounds and/or its licensers or be retained unless the customer verifies that no damages (to this extent) have occurred to Yoursounds and/or its licensers. Further entitlements of Yoursounds and its licensers shall remain unaffected.
3.1. The payment for downloading und using the sound recordings of Yoursounds depends on the chosen price model (single sound recording or subscription) and the price information available on www.your-sounds.com.
3.2. The customer can pay by direct debit, credit card (Visa-Card, Master-Card) or Giro-Pay.
3.3. The payment shall be paid immediately after conclusion resp. extension of the contract. Yoursounds will invoice promptly.
3.4. If debiting the customers’ bank account fails for reasons beyond the control of Yoursounds (irrespectively of payment method), the customer is obliged to compensate all costs and/or expenses which occur, not less than EUR 24,00. This stipulation is not applicable if the customer can prove that costs or expenses didn’t arise or arised in a substantially lower amount.
3.5. If payment is due and the customer doesn’t pay Yoursounds is entitled to block customer’s access to the services of Yoursounds until payment is made upon prior notice with reasonable period for the payment. In case of late payment the customer shall pay interests for delay in the amount of the legal interests. Further entitlements of Yoursounds shall remain unaffected.
3.6. The customer may only offset if the counterclaim is undisputed, accepted by Yoursounds or legally recognized. The customer has got a right of retention only if the counterclaim is based on the same contract.
3.7. For further details regarding the execution of payment please see www.your-sounds.com.
4.1. If a download of a sound recording fails for reasons beyond the control of Yoursounds the customer will get access to that sound recording again. Moreover, in case of any defects of the services provided by Yoursounds the statutory provisions shall apply.
4.2. Yoursounds doesn’t warrant a constant availability and reachability of the provided services, provided that unavailability and unreachability are caused by reasons which are not under control of Yoursounds. That applies particularly to acts of third persons who don’t act by order of Yoursounds, to technical circumstances out of Yoursounds’ influence and force majeure.
4.3. Downloading of the sound recordings requires internet access and compatible device (personal computer), equipped with sound card. Depending on the intended kind of use other hard- and software may be required. The customer is responsible for the necessary technical requirements. Beyond the specifications of the audio formats provided according to section 2.2. Yoursounds don’t warrant the compatibility of the sound recordings to the devices used by the customer.
5.1. Yoursounds is liable for damage, for any legal reason whatsoever, including tortuous act, only if and to the extent to which
5.1.1. the damage was caused by Yoursounds by a negligent violation of essential contractual obligations (cardinal obligations) in a manner that put the purpose of the contract at risk, or
5.1.2. the damage was caused by gross negligence or purpose of Yoursounds.
5.2. If Yoursounds is liable for a violation of an essential contractual obligation due to section 6.1.1. but didn’t act grossly negligent or wilfully, the liability is limited to the foreseeable and typical losses for this type of contract Yoursounds had to be aware of at the time of assignment.
5.3. If Yoursounds is liable for gross negligence or wilful intent of staff, that is not a chief executive officer or executive staff of Yoursounds, the liability of Yoursounds is limited to the extent of the maximum amount according to section 6.2.
5.4. Yoursounds shall not be liable for consequential losses, consequential harms caused by a defect, loss of profit or useless expenses, if it doesn’t result from wilful intent or gross negligence of a chief executive officer or executive staff of Yoursounds.
5.5. Yoursounds is not liable for damage arising from an unlawful use of customer’s account or customer’s data unless that unlawful use is caused by negligence of Yoursounds.
5.6. The exclusion or limitation of entitlements pursuant to the foregoing sections is applicable also to staff and representatives of Yoursounds.
5.7. The liability of Yoursounds for damage to persons, absence of warranted characteristics or the liability under the Product Liability Act shall remain unaffected.
5.8. Yoursounds is not liable for data loss. Yoursounds is not liable for content and websites of third parties. Links to other websites shall not be considered as Yoursounds’ own content.
Customers registered on www.your-sounds.com can post articles and commentaries to Yoursounds’ user forums (e. g. tips and tricks, surround sound forum) by using their customer’s data and make these postings available to other users. The forums are for purposes of information and discussion about the subject of the respective forum.
The customer grants Yoursounds throughout the universe in perpetuity a free licence in and to the right to use all posted articles and contents in connection with services on www.your-sounds.com in which way whatsoever, in particular the right to make it accessible to the public, the right of broadcasting, the right of presentation, the right of reproduction, the right of adaptation and the right of promotion. The customer guarantees to have the necessary exploitation rights in all posted articles and contents. Intellectual property, privacy and personal reputation have got to be respected. Postings of an unlawful, obscene, threatening or offending content are forbidden. Furthermore it’s interdicted to post political or promotional contents, software-viruses, chain letters or any form of “spam”. The customer may not post articles or commentaries which are off topic. For further information on the forums and subjects dealt therewith please see www.your-sounds.com. Yoursounds reserves the right to delete or change articles and commentaries not conforming to the provisions of these terms and conditions or of the website www.your-sounds.com or which violate applicable law.
All articles and contents in forums shall be considered as contents of third parties, for which Yoursounds is not liable in any way whatsoever. Yoursounds is not obliged to control user forums regularly or to check links to websites of third persons as to the lawfulness thereof. The articles will be published under the login name of the customer. The customer must not post articles under another login name than chosen at the registration. It’s forbidden to post misleading statements concerning the origin of the posted contents. In case of infringement of these terms and conditions or other applicable law in using the forums the customer is liable towards Yoursounds and other right holders due to section 3.5.
7.Expiration of the time credit and termination
The time credit of a subscription expires if it isn’t fully drawn down within 3 years from assignment. The customer will get notice per e-mail 3 month before expiration. A subscription can not be terminated by regular notice. The right to terminate the contract extraordinarily shall remain unaffected. Yoursounds is entitled to terminate the contract for important reason particularly if
7.1.1. the customer infringes essential contractual obligations (e. g. sections 3.2., 3.3. and 3.4.);
7.1.2. insolvency proceedings are opened for the customer’s assets or a request to open insolvency proceedings is refused because of insufficient assets. Every termination of the contract shall be in text form which is observed e. g. by sending an e-mail.
Information of the right of revocation
Right of revocation of consumers
The consumer for the purpose of sec. 13 BGB (Bürgerliches Gesetzbuch - German Civil Code) is entitled to revoke his contractual statement within two weeks by text form (e. g. letter, fax, e-mail), without stating reasons. The period starts upon receipt of this information in text form but not until we have fulfilled our duty to inform according to sec. 312 c subs. 2 BGB, sec. 1 subs 1, 2 and 4 BGB-InfoV and our duties according to sec. 312 e subs. 1 s. 1 BGB, sec. 3 BGB-InfoV. The revocation must be sent to:
Kuchenbecker & Knon GbR
The revocation period is observed by a posting of the revocation in due time.
The right of revocation expires if Yoursounds has started the supply of services upon approval by the customer or the customer initiated the supply of services. This is the case if the customer has started to download the sound recordings.
In case of an effective revocation, each party shall return the received services and emoluments (e. g. interests) taken are to be returned. If the customer is unable to reimburse the services received in total or partially or only is able to reimburse it in deteriorated condition the customer is required to offer compensation of equal value. Payments have to be refunded within 30 days. The period starts for the customer by dispatch of the revocation, for Yoursounds by receipt thereof.
There is no right of revocation if the transaction for each party is a transaction in exercise of his or its trade, business or profession.
– End of information of the right of revocation –
Yoursounds collect, process and use customer’s personal data according to the German Data Protection Acts.
8.1. If an individual provision of these terms and conditions becomes completely or partially invalid or not realisable the validity of the remaining provisions shall not be affected. The parties undertake to replace the invalid or not realisable provisions and fill the gap with valid provisions which, considering the party’s interests, come as close as possible to the original purpose.
8.2. Yoursounds reserve the right to update, change or amend these terms and conditions from time to time. Yoursounds will inform about the new terms and conditions by sending the new stipulations to the customer. The customer can object the new stipulations within a period of one month. Should the customer perform the contractual relationship after one month without objecting, this will be regarded as a declaration of consent to the new terms and conditions. In conjunction with the notification of the new terms and conditions Yoursounds will inform the customer about that time period and the legal consequence of silence.
8.3. Any amendment of these terms and conditions must be in writing in order to be valid. The same shall apply to any agreement setting aside the written-form requirement.
8.4. Yoursounds can send notices concerning the services to the customer by e-mail (to the e-mail address provided by the customer) or letter (to the postal address provided by customer), unless another form is stipulated by these terms and provisions.
8.5. Additional unwritten agreements are not agreed.
8.6. This agreement is subject to the German law excluding the United Nations Convention on the International Sale of Goods (CISG). Place of performance and jurisdiction is Aschaffenburg, Germany, to the extent that the transaction for each party is a transaction in exercise of his or its trade, business or profession. Yoursounds reserve the right to bring an action against the customer at the customer’s place of general jurisdiction.
This English version of the terms and conditions is for convenience only. In case of any deviations between the German and the English version the German version shall prevail.