Terms and conditions for licensing and use of sound recordings of Yoursounds
1.Subject matter of the contract
1.1. Yoursounds offers on its website www.your-sounds.com a wide range of tones, sounds, atmospheres and sound design of different kinds (in the following “sound recordings”) for direct download to the customer’s personal computer. This service is subject to a charge. By paying the fee which is due before the download, the customer get access to download sound recordings of his choice and to use that sound recording for dubbing for his productions of any kind (e. g. stage performances and similar shows, radio-, TV-, film-productions, videoclips, other graphic or audio multimedia works like CD-/CD-ROM- and DVD-products, homepages and other internet applications, video- and computer games etc. (“production”).
1.2. Yoursounds and/or its licensers are owner of rights of all copyrights, exploitation rights and ancillary copyrights of the sound recording. Yoursounds transfers all those rights, which are necessary for using the sound recordings according to these licensing terms, to the customer on a non-exclusive basis.
1.3. The details of the allowed use arise from the following licensing terms. The acceptance of these licensing terms is required for all use of the sound recordings provided by www.your-sounds.com. Incidentally, the general terms and conditions of Yoursounds are applicable in their current version.
2.Licensing rights and usage agreements
2.1. Permitted authorisation level
The exploitation rights are granted to the customer worldwide on a non-exclusive basis without time limit. By acquiring the license, the customer achieves the right to use the sound recordings or parts of it for any number of productions.
2.2. Permitted types of use
In detail, the customer gains particularly the following exploitation rights for the use of the sound recordings:
2.2.1. The right to connect works and to produce movies. That is the right to combine the sound recordings with other sound recordings, graphic recordings or other audio-visual works and to use the sound recordings for making audio-visual productions in terms of section 1.1.
2.2.2. The right of adaptation. That is the right to shorten, change or alter the sound recordings in any possible way, and the right to convert the sound recordings into any format (e.g. MP3, WAV, MIDI, AVI etc.), digital and analog, and the right to compress and decompress the sound recordings, to save them in any format and to use these saved and/or altered versions like the sound recordings themselves.
2.2.3. The right of reproduction. That is the right to save the sound recordings on analog and digital sound storage media, audio-visual media and other data processing media with audio-visual contents of any kind while using every possible technical process and to save the sound recordings in the customer’s own tone- and media-archive, as long as the particular process is necessary to make the sound recordings useable for the customer’s own productions.
2.2.4. Private/commercial use
The use of the sound recordings is permitted for private and commercial productions. This includes the use for advertising purposes of any kind and the use for examination, teaching and research purposes.
2.2.5. Concerning productions that are made by using the sound recordings, the customer is allowed to use the audio-visual media comprehensively. The customer is particularly authorized to
2.2.5.1. save the productions on analog and digital sound storage media, audio-visual media and other data storage media with audio-visual contents and to reproduce and distribute the produced sound storage medium, audio-visual medium or data storage medium;
2.2.5.2. make the production accessible to the public as often as required via analog and digital broadcasts (television and radio);
2.2.5.3. make the production perceivable to the public by means of technical devices (performances and presentations) as often as required, irrespectively of the technical embodiment of the presentation, the used audio-/visual storage medium and the way of transportation of the shown signal;
2.2.5.4. use the production in analog and digital electronic data bases (e.g. web server), cable or wireless networks (e.g. internet, CompuServe or similar, intranet, web-TV, web-radio etc.) and to make it accessible to the public in general or limited to a certain group of people resp. an authorized group of people, wireless or wired, in places and times of the customer’s choice;
2.2.5.5. use the production for advertising purposes of any kind, in terms of sound storage media, audio-visual media and data storage media of any kind in any medium.
2.3. Acquisition of rights
After full payment of the due license fee, the customer acquires the non-exclusive right of use of each sound recording chosen by him, starting by the first download thereof. Before starting the download, the customer has to acknowledge the validity of this license.
3.Limitations of use
3.1. All sound recordings are subject to exclusive rights of Yoursounds or its licensers and are protected by the copyright law of the Federal Republic of Germany and the provisions of international treaties. For every use that is not granted to the customer in section 2, an explicit written approval by Yoursounds is necessary.
Any use without the acquisition of a license and any not permitted use beyond the terms and conditions of this license will be prosecuted according to civil and criminal law.
3.2. All rights permitted by these terms and conditions for licensing refer exclusively to the use of the sound recordings in connection with the customer’s own productions and exclude the isolated, detached use of the sound recordings.
3.3. Any isolated or detached transfer of the sound recordings to third parties as pure audio product, which means not as a part of or beyond the customer’s productions, not depending on the form, the data format, the data storage medium, whether it is embodied or not embodied, modified or original, is forbidden.
In particular the resale, the relicensing and every form of gratuitous transfer, distribution or provision of the isolated or detached sound recordings, notwithstanding the technical realisation or the way of distribution, is forbidden.
It is not allowed to provide the sound recordings, modified or original, isolated or detached, in audio archives, audio data bases, on audio storage media or on the internet, in electronic networks, wireless or wired or on file sharing networks or keep them ready for third parties.
Furthermore it is not allowed, to reproduce the isolated or detached sound recordings or parts of it only for purposes of resale or transfer.
3.4. The customer has got to make sure, that a detached transfer or reproduction does not become possible even by third parties. In any use of the production the customer has got to take care that a detached recording or saving of the sound recordings by third parties does not become easily possible. In particular when publishing online the customer has got to make sure that web users can’t save the original sound recording on their own. The customer is liable to Yoursounds for any damage due to unauthorized transfer.
3.5. Yoursounds and/or its licensors retain the copyrights and ancillary copyrights of any modified sound recordings. According to section 3.3. modified recordings may not, against payment or free of charge, be transferred, distributed or sold under a different identification, a different filename or a different description.
