Terms and Conditions – instantlicensing.com
The term ‘MUSIC.INSTANTLICENSING.COM’ or ‘us’ or ‘we’ refers to the owner of the website, Instant Music Licensing GmbH i.G., whose registered office is at Burgsteige 2, 73728 Esslingen, Germany. Our company registration number is Commercial Register Stuttgart HRB 753364. For additional contact details and information on the commercial registry data as well as the authorised representative please see the section ‘Imprint’. The term ‘User’, ‘visitor’ or ‘you’ refers to the user or viewer of this website. Content on MUSIC.INSTANTLICENSING.COM may include content owned or controlled by us as well as owned or controlled by third parties in form of information, text, files, images, photos, videos, sounds, films, musical or theatrical works, works of authorship, or any other material in any form (hereinafter collectively the “Content”).
(1) MUSIC.INSTANTLICENSING.COM is an original web-based library for music, films and other creative content allowing Users to upload, download, stream, browse, search for, discover, view, share, and license Content. In this respect MUSIC.INSTANTLICENSING.COM helps Users to connect, to present, and to distribute and exploit Content for non-commercial and commercial purposes.
(2) Unless otherwise stated the size of each file to be uploaded on MUSIC.INSTANTLICENSING.COM is limited conforming to your account type. In accordance with general internet practice and custom, advertisements may be incorporated into the website.
(3) The User acknowledges and accepts that MUSIC.INSTANTLICENSING.COM only provides and offers services and electronic tools of a platform on which Users can upload, download, stream, browse, search for, discover, view, share, and license Content and connect with other Users. Users acknowledge to use websites and services of MUSIC.INSTANTLICENSING.COM at their own risk. Hence, if Users enter into agreements with other Users on or through MUSIC.INSTANTLICENSING.COM, we shall not be a contracting party to these agreements, and any User is solely responsible for the execution and performance of such agreements. Also, we shall in no event be held liable if Users are unable to contact each other through MUSIC.INSTANTLICENSING.COM regarding such agreements, or in case of breaches of duty in relation to agreements entered into between Users.
(4) MUSIC.INSTANTLICENSING.COM may host, support, or run competitions, promotions and/or other opportunities on the website, subject to separate terms and conditions of the respective organizers. Details of specific competitions, promotions and/or other opportunities will be specified on the website together with a link to the applicable terms and conditions. Users are solely responsible to read such terms and conditions for details and any eligibility requirements. MUSIC.INSTANTLICENSING.COM is not responsible or liable for actions of any third party organizers or third parties which are otherwise involved in any of these competitions, promotions, and/or other opportunities.
(1) In order to be able to access all functions and services of MUSIC.INSTANTLICENSING.COM Users have to submit a registration, including a valid email-address and unique user-name under which the User desires to appear on the website. Other obligatory registration details are referred to in the Registration Form. In addition to obligatory details the User may submit other personal data which are not strictly required for registration. Users are free to modify any personal data they provide on the form at any time.
(2) As part of the registration process the User has to choose a password. Users are entirely responsible for maintaining the confidentiality of their password and agree not to use the accounts, usernames, or passwords of other Users or to disclose their password third parties. The User agrees to notify us immediately if he/she suspects any unauthorised use of his/her account or access to his/her password. Users acknowledge and accept that if they do share their password or personal information with others, or lose control over their membership accounts or password, they are solely responsible for all actions taken in the name of their account according to our Terms and Conditions.
(3) Registration on MUSIC.INSTANTLICENSING.COM is open for Users which are 18 years of age or older. Users under the age of 18 are prohibited from using the services of MUSIC.INSTANTLICENSING.COM unless expressly authorised by the parents or legal guardian who assume complete responsibility for the online behaviour of the respective User including all legal consequences which may result from the use of MUSIC.INSTANTLICENSING.COM or any services offered in connection with it. We are entitled to verify identities of Users through official documents and reserve all rights to pursue legal action against Users who misrepresent personal information or are otherwise untruthful about their identity and, if necessary, to delete or cancel accounts registered with inaccurate or incomplete information, or for any other reason.
(1) Basic membership registration on MUSIC.INSTANTLICENSING.COM is free (“Basic Accounts”).
(2) We offer, however, a number of fee-based and paid premium subscription services, options or products. If you wish to use such premium offers you must pay the required fee associated with the corresponding Premium Account, pursuant to our policies and any other applicable agreements or terms and conditions. Details about Premium Accounts and applicable fees for are set forth on the MUSIC.INSTANTLICENSING.COM website and can be reviewed here. The fees listed are binding and any payments for Premium Accounts shall be due immediately upon invoicing. We may deliver invoices and payment reminders to Users of Premium Accounts by email. Such invoices are available for Users to download from MUSIC.INSTANTLICENSING.COM for a period of two years from the date of invoicing. You are responsible for paying all fees and applicable taxes associated with the respective services or products in a timely manner with a valid payment method. Payments can be made through various payment methods available on MUSIC.INSTANTLICENSING.COM. If we are unable to collect any fees from an account due to insufficient funds, the User shall bear all costs arising therefrom (including but not limited to bank charges, etc.) in case the User is responsible for these costs.
(3) Unless otherwise stated, all fees are quoted in Euro and include VAT. For Users based in third party countries (i.e. all countries outside the European Community (EC) according to German VAT Law (“Umsatzsteuergesetz”)) the fees quoted are net prices.
(4) MUSIC.INSTANTLICENSING.COM reserves the right to charge fees for certain services, options or products, and to change or discontinue free services, options or products, taking into account the legitimate interests of MUSIC.INSTANTLICENSING.COM and the Users. MUSIC.INSTANTLICENSING.COM will notify Users in the event a specific service becomes subject to a fee in the future.
4. Content / Intellectual Property Rights
(1) This website is copyright of © 2015 Instant Music Licensing GmbH i.Gr. All rights reserved.
(2) Users are not allowed to alter, remove, conceal, or otherwise interfere with any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the MUSIC.INSTANTLICENSING.COM website, or related products and services. Users shall refrain from reproducing, modifying, adapting, publishing, selling, licensing or other commercial exploitation of MUSIC.INSTANTLICENSING.COM without our express written permission in each instance.
(3) We and our authorised partners respectively own all right, title and interest, including all worldwide intellectual property rights in the website, trademarks, service marks and logos contained therein other than those submitted by Users, or Content owned or controlled by any third party. Unless otherwise expressly stated, any redistribution or reproduction of part or all of the Content in any form without the prior written consent of the rights holder is strictly prohibited.
(4) MUSIC.INSTANTLICENSING.COM includes Content from Users and other third parties. We do not claim any general ownership rights in Content uploaded or posted by Users on MUSIC.INSTANTLICENSING.COM. By uploading, posting or displaying Content on or through MUSIC.INSTANTLICENSING.COM, you hereby grant us a non–exclusive, sub–licensable, worldwide and royalty free license to use, modify, publicly perform and display, make available to the public, reproduce, and distribute such Content in connection with MUSIC.INSTANTLICENSING.COM. Users represent and warrant that they own all relevant rights in Content posted by them on or through the MUSIC.INSTANTLICENSING.COM website or otherwise have all unfettered rights to grant the licenses set forth herein, and that the posting of their Content on or through MUSIC.INSTANTLICENSING.COM does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any third party. The use of any Content from MUSIC.INSTANTLICENSING.COM is strictly subject to correct declaration to the applicable copyright royalty collecting societies or other similar organisations or societies, and Users in particular agree to pay for all royalties, fees, licenses, and any other monies owing any person by reason of any Content posted by Users to or through MUSIC.INSTANTLICENSING.COM.
(5) With the exception of the Content published by Users under these Terms and Conditions, it is forbidden to copy, modify, translate, publish, transmit, distribute, present, display or sell Content. You accept and acknowledge that Content stored, uploaded, posted, or otherwise transmitted on or through MUSIC.INSTANTLICENSING.COM may be viewed or otherwise accessed by other Users. We are not responsible for any actions of Users, and you agree to apply reasonable care in communicating with other Users and to respect their rights and privacy. Users must not upload, post, email, or otherwise transmit any Content containing viruses or any other computer code designed to interrupt, destroy or limit the functionality of any software or interfere with the access of any User, host or network. We may at our sole discretion delete any Content that in our sole judgment violates these Terms and Conditions, or which may be otherwise offensive, illegal or may violate the rights of any person, or is inconsistent with applicable laws and regulations.
(6) By uploading or disseminating Content to or through the website, you expressly warrant that you are not uploading or disseminating any infringing material and that you have all necessary rights and/or authorizations from the respective copyright owners, and have paid any royalties, licenses or other fees pursuant to any license agreements or permissions you may have with owners of copyright royalty collection organisations. Failure to comply with these provisions will result in your Content being removed and/or your membership account and personal profile being deactivated with or without prior notice. In addition, you may be personally liable to criminal sanctions (fines and imprisonment) applicable to the Content in question. In addition, you may be ordered to pay damages, where applicable.
(7) If you believe that any Content on MUSIC.INSTANTLICENSING.COM infringes upon intellectual property rights owned or controlled by you, please send a detailed notification of such infringement to email@example.com providing the following information:
• a description of the Content which in your opinion constitutes a violation of intellectual property rights, incl. the location on MUSIC.INSTANTLICENSING.COM;
• a written statement that you in good faith assume that the use of the respective Content has not been approved by the rights holder;
• your full contact details (name, address, telephone number, email address);
• a declaration under penalty of perjury that your statements are true and correct, and that you are the rights owner or authorised representative of the rights owner.
Upon receipt of a proper notification of alleged infringement of intellectual property rights we will promptly remove or disable access to the allegedly infringing Content and may deactivate accounts of repeat infringers as described herein. To the maximum extent permitted by applicable law, we do not assume any responsibility or liability for Content submitted and/or generated by Users or third parties, or for any failure to or delay in removing such Content. We further reserve the right to initiate civil or criminal claims, including but not limited to damages and compensation.
(8) If you believe that Content which you uploaded was removed in error, or that it does not infringe upon any third-party copyright, you may send us a statement here. Your statement will then be forwarded, along with your personal information, to the party which has initiated the takedown notice for your Content. We herewith expressly notify you that unfounded appeals to any takedown notice may be subject to legal action. Any restoration of deleted Content is at our sole discretion.
(9) The illegal copying and distributing of copyright protected Content is a criminal offence. MUSIC.INSTANTLICENSING.COM does not support such behaviour and actively enforces intellectual property rights to the fullest extent permitted by law. Therefore, MUSIC.INSTANTLICENSING.COM encourages Users to notifying us here of instances where other Users may be using or distributing Content illegally.
(1) Each User hereby expressly acknowledges and agrees to be solely responsible for his/her interactions with other Users and that User him-/herself, and not MUSIC.INSTANTLICENSING.COM, is fully responsible for all Content that a User uploads, e-mails, posts, transmits or otherwise makes available through the website or services of MUSIC.INSTANTLICENSING.COM. Due to the collective nature of the website and with respect for the feelings of all, users are responsible for maintaining certain ethical standards regarding Content made available online and, in particular, for refraining from disseminating any violent or pornographic content.
(2) You therefore agree not to upload, post, email, or otherwise make available Content:
• that is false, misleading, deceptive, misinformative, unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, pornographic, invasive of other’s privacy, or harmful to minors in any way;
• that degrades, intimidates or is hateful toward others on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• that misrepresents your affiliation with a third party, or includes personal or identifying information about another person without that person’s explicit consent;
• that constitutes or contains unsolicited commercial advertisement (e.g. affiliate marketing, junk mail, etc.), or any form of advertising or solicitation (incl. links to commercial services or websites) in areas of MUSIC.INSTANTLICENSING.COM not designated for such purposes;
• that infringes any patent, trademark, trade secret, copyright or other proprietary and intellection property rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
• that advertises illegal service or sale of any items prohibited or restricted by applicable laws, including without limitation items the sale of which is prohibited or regulated under German law;
• that contains software viruses or any other computer codes, files or programs intended to interrupt, destroy or limit the functionality of any software or hardware or other equipment;
• that disrupts the flow of communication on the website with an excessive amount of Content, or that otherwise negatively affects the use of MUSIC.INSTANTLICENSING.COM;
• that employs misleading email addresses, forged headers, or otherwise manipulated identifiers in order to disguise the origin of Content.
You further agree not to:
• contact, stalk or otherwise harass anyone who has asked not to be contacted, or make unsolicited contact with anyone for commercial purposes outside the scope of this website;
• collect personal information about Users for commercial or unlawful purposes;
• use automated means, including spiders, robots, crawlers, etc.;
• attempt to gain unauthorised access to our computer systems or engage in any activity that disrupts or impairs the functionality of MUSIC.INSTANTLICENSING.COM.
(3) Users are obliged to keep emails and other messages confidential and to only make them available to third parties with express prior approval of the sender. This also applies to names, telephone and fax numbers, address, and any other contact details.
(4) Users accept the possibility of advertising on MUSIC.INSTANTLICENSING.COM, also in connection with personal user profiles.
(5) MUSIC.INSTANTLICENSING.COM is for the personal use of Users only and may not be used in connection with commercial purposes other than those expressly specified and provided for on MUSIC.INSTANTLICENSING.COM or in these Terms and Conditions. Subject to these Terms and Conditions Users may display a link to MUSIC.INSTANTLICENSING.COM, and as long as such use is not misleading, illegal or defamatory.
6. User Interactions / License
(1) MUSIC.INSTANTLICENSING.COM provides a platform for Users to purchase licenses to specific Content for specific uses from other Users. Users acknowledge and accept that MUSIC.INSTANTLICENSING.COM, by providing Users with the ability to view, distribute, purchase, or otherwise license Content, is solely acting as a passive hosting service provider for such Content. Therefore, to the extent permissible by law, MUSIC.INSTANTLICENSING.COM does not undertake any obligation or liability relating to Content or Users’ behaviour and actions.
(2) Licenses, streams, downloads, or other transactions of Content offered on MUSIC.INSTANTLICENSING.COM are strictly subject to these Terms and Conditions and the policies and rules that appear on the website. If not otherwise expressly stated on the website, downloads of Content are not sold and only licensed pursuant to a limited non-exclusive, non-transferable, and non-sublicensable license for non-commercial purposes. In order to license Content, Users are required to agree to the usage terms for the Content in question and to purchase a license that restricts the use of the Content to the exact terms set out therein. All rights not expressly granted remain the exclusive property of the respective rights holder.
(3) If you bid on or choose certain content for licensing and such bid/offer is accepted, you may be obligated to complete that transaction. In consequence, if you choose or bid on any Content offered on MUSIC.INSTANTLICENSING.COM, you are certifying that you have the legal right to license and receive the Content and submit to and accept the terms set out in the respective offer or bid.
(4) Because MUSIC.INSTANTLICENSING.COM cannot and will not be involved in User-to-User interactions, in the event of any dispute with other User(s), you expressly release MUSIC.INSTANTLICENSING.COM, our agents and employees from claims, demands and any damages of every form and nature arising from or in any way connected with such disputes.
(5) MUSIC.INSTANTLICENSING.COM cannot be held responsible for, and has no control concerning the availability, quality, safety or legality of Content listed or advertised on our website. Therefore we can also not warrant the truth or accuracy of listings, images, or the ability of to complete any transactions initiated by using MUSIC.INSTANTLICENSING.COM.
(6) If MUSIC.INSTANTLICENSING.COM handles a customers pitch for User through active musicsearch/pitch or an individual service made by MUSIC.INSTANTLICENSING.COM the Revenue Share of User will be reduced to 50%.
(1) Users may provide other Users and their network with personal data. Users can change their personal data at any time and in various respects to determine whether and in what form information is accessible for other Users.
(2) MUSIC.INSTANTLICENSING.COM is entitled to send newsletters to all Users at irregular intervals to inform Users of services, offers and products.
(3) Users may invite friends to inform them about MUSIC.INSTANTLICENSING.COM and send them invitations to become members. We store email-addresses so provided by the User in order to be able to add this requested friend to the User’s contact list and send invitations for registration. MUSIC.INSTANTLICENSING.COM will not sell or otherwise unlawfully disclose these email-addresses so obtained to third parties. Recipients of such invitations may contact us under firstname.lastname@example.org to request removal from our database.
(4) We recognise the importance of any information provided by Users to MUSIC.INSTANTLICENSING.COM, and we shall therefore be particularly sensitive in handling personal data. We shall comply with all applicable legal provisions regarding data protection (German Data Protection Act / European Data Protection Directives, or other applicable data protection legislations). In particular, we shall not provide or otherwise disclose any personal data of Users to any third party without authorisation.
(1) Basic Accounts may be terminated at any time without cause by sending an email to email@example.com. The termination notice shall include the User’s registered name and an email address of the User registered on MUSIC.INSTANTLICENSING.COM. Upon termination, the User’s personal profile will be deactivated. Users may, however, reactivate their account by submitting a respective notification to MUSIC.INSTANTLICENSING.COM. We reserve the right to terminate memberships of Users at any time without prior notification.
(2) Premium Accounts have a term equal to the period selected by the User as the minimum term. After this term, the term of the respective Premium Account will be extended by a term of the same length as the original term, unless terminated in due time by the User or MUSIC.INSTANTLICENSING.COM. The User and MUSIC.INSTANTLICENSING.COM may each terminate Premium Accounts without cause to the end of the minimum term chosen by the User in the course of the registration process, or to the end of any renewal period after said minimum term expires. The termination notice shall include the user name and an email address of the User registered on MUSIC.INSTANTLICENSING.COM. Both the User and we may deliver termination notices by fax or letter.
(3) The provisions of clause 8 (2) above shall not affect the right of both parties to terminate the agreement for good cause. Good cause shall be considered any event which makes it unacceptable for us to continue the agreement taking into account all circumstances of the individual case and reflecting both our interests and the interest of the User, e.g. if:-
- a User fails to comply with any applicable legal provisions, or breaches any obligation set forth in these Terms and Conditions;
- a User is a member of a religious sect or a denomination that is controversial in Germany, or promotes or is a member of any association under surveillance by authorities responsible for public safety or the protection of minors;
- our reputation is substantially impaired by the membership of the User;
- the User causes harm to other Users.
In the event of a good cause as specified in above and notwithstanding our right to terminate the contract we are entitled to delete the Content posted by the User and/or prevent the User from accessing services of MUSIC.INSTANTLICENSING.COM.
(4) Users shall not be entitled to claim reimbursement of any advance payments if the agreement is terminated for good cause or if we have restricted the User’s access in accordance with these Terms and Conditions, or if the User has terminated the agreement unless the termination is due to good cause attributable to MUSIC.INSTANTLICENSING.COM.
9. Consumers’ Right of Revocation (“Widerrufsrecht”)
If a User is a consumer in the European Union according to section 13 BGB (German Civil Code) the following provisions shall apply:
(1) You may declare the revocation of your contractual agreement with MUSIC.INSTANTLICENSING.COM in text form (e.g. by letter, fax, e-mail, or the contact form available on our website) within a period of fourteen (14) days. The revocation does not have to specify any grounds. The revocation period commences upon receipt of these instructions, but not earlier than the execution of the agreement and our fulfilment of our informational duties as per section 312c (2) BGB in connection with section 1 (1), (2) and (4) BGB-InfoV, as well as our duties as per section 312e (1) 1 BGB in connection with section 3 BGB-InfoV.
(2) You may revoke the agreement by sending timely notification to Instant Music Licensing GmbH, Burgsteige 2, 73728 Esslingen, Germany, Email: firstname.lastname@example.org.
(3) The right of revocation does not apply for contracts regarding the supply of goods produced according to the consumer’s specifications or clearly tailored to personal needs or which, by reason of their quality, are not suitable for return or may spoil quickly or whose expiration date would be exceeded, or for the delivery of audio or video recordings or of software where the seal on the data carriers has been broken by the consumer, or for the delivery of newspapers, periodicals and magazines.
(4) In case of a valid revocation, any services and fees provided by both parties shall be returned and any economic advantages gained (e.g. interest) are to be repaid. If you are not able to return the services rendered fully or in part, or only in a lesser form, you must reimburse us for the value lost. Hence you may be required to fulfil the contractual payment obligations for the time until cancellation. Both parties shall also be obliged to restore any benefits already received in accordance with the legal provisions, and issue any interest. If a User is unable or partially unable to restore the benefits, or is only able to restore them in poor condition, the User must reimburse us for the corresponding value. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation.
(5) In accordance with section 312d (3) BGB the User’s right of revocation expires prior to the end of the revocation period specified hereinabove if the performance of the services for which the User is registered at MUSIC.INSTANTLICENSING.COM has started with the explicit consent of the User, or if the User has already initiated services on MUSIC.INSTANTLICENSING.COM for which the User has registered.
(6) End of revocation instruction.
(1) Content is not reviewed before its publication and does not reflect views and policies of MUSIC.INSTANTLICENSING.COM. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics or other Content on the website for any purpose. Any reliance on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data, money, revenue, or profits arising out of or in connection with the use of MUSIC.INSTANTLICENSING.COM.
(2) MUSIC.INSTANTLICENSING.COM is not responsible for any material submitted by you. All Content posted on or through MUSIC.INSTANTLICENSING.COM is the sole responsibility of the User from which such Content originated and we shall not be liable for any errors or omissions with regard to any Content. MUSIC.INSTANTLICENSING.COM may only be responsible for Content posted by us or our employees. Notwithstanding the foregoing, in no event are we responsible for any incorrect or inaccurate Content posted by Users and/or other third parties on this website or in connection with the services of MUSIC.INSTANTLICENSING.COM, regardless whether caused by Users or by any of the equipment or programming associated with or utilised for services of MUSIC.INSTANTLICENSING.COM.
(3) MUSIC.INSTANTLICENSING.COM enables Users to link to other websites. Such links are provided for your convenience and to provide further information. We have no control over and responsibility for the nature, content and availability of those linked websites and the inclusion of any link does not necessarily imply a recommendation or endorse the views expressed therein. There is also no guarantee for the transmission of information, files, data, software, emails and other messages. Moreover, MUSIC.INSTANTLICENSING.COM rejects any guarantee or promise for certain results from the use of the website.
(4) This website undergoes constant changing and updating. While we make every effort to keep the website up and running smoothly, MUSIC.INSTANTLICENSING.COM takes no responsibility and will not be liable for the website being temporarily unavailable due to technical reasons. In any event we shall always be entitled to terminate the operation of some or all services on MUSIC.INSTANTLICENSING.COM with or without stating a reason.
(5) We can not assume any guarantee or liability for any loss or damage howsoever that may be caused by data, related codes, and other information on MUSIC.INSTANTLICENSING.COM or on any external website linked to it. We also make no warranty or representation as to the quality, suitability or completeness of any of the Content contained on the MUSIC.INSTANTLICENSING.COM website or any offer in connection with MUSIC.INSTANTLICENSING.COM and hereby disclaim all warranties and representations with regard to the same, including all warranties and representations of merchantability, fitness for purpose, title and non-infringement. The entire risk arising from the use of MUSIC.INSTANTLICENSING.COM and services remains at all times with the User.
(6) MUSIC.INSTANTLICENSING.COM neither accepts responsibility for advertisements published on this website or on the MUSIC.INSTANTLICENSING.COM services of third parties, nor for goods or services included in these advertisements.
(7) Any liability of MUSIC.INSTANTLICENSING.COM is limited to cases of intentional and grossly negligent harm caused by its legal representatives. Any further liability of MUSIC.INSTANTLICENSING.COM shall be expressly excluded.
11. Indemnity / Waiver of Claims
(1) As a condition of access to MUSIC.INSTANTLICENSING.COM, the User agrees to indemnify and hold MUSIC.INSTANTLICENSING.COM, its subsidiaries, affiliates, and their respective officers, agents, partners and employees, free and harmless from any loss, liability, claim or demand or damage of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, including reasonable attorneys’ fees, made by any third party due to or arising from the User’s use of MUSIC.INSTANTLICENSING.COM and/or services in violation or breach of these Terms and Conditions.
(2) The User particularly guarantees to keep MUSIC.INSTANTLICENSING.COM, its respective parents, subsidiaries, affiliates, successors, assigns, employees, partners, agents, directors, officers, shareholders, or other authorised persons acting on behalf of MUSIC.INSTANTLICENSING.COM free from any harm or of any liability and all obligations, expenses and claims which are arising from damage due to insult, libel, violation of personal rights, because of the unavailability of services for other Users, infringement of intellectual property or other rights. This also applies to the cost to prevent such claims.
(3) Users acknowledge and accept that we can not be held responsible or liable for anything that occurs or results from accessing or subscribing to MUSIC.INSTANTLICENSING.COM. The User therefore herewith irrevocably waives the right to assert any claim against MUSIC.INSTANTLICENSING.COM or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, shareholders, or other authorised persons acting on behalf of MUSIC.INSTANTLICENSING.COM in relation to the Content generated, uploaded, transmitted or otherwise used on MUSIC.INSTANTLICENSING.COM, including but not limited to copyright, trademark or other intellectual property, unfair competition, breaches of privacy, contract or confidentiality.
12. Jurisdiction / Applicable Law
(1) In case of any dispute arising in connection with MUSIC.INSTANTLICENSING.COM the User agrees that the dispute shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (“CISG”) and excluding principles of conflict of laws. For resolution of any dispute, action or proceeding arising in connection with these Terms and Conditions and this website, MUSIC.INSTANTLICENSING.COM and the User agree to submit to the exclusive jurisdiction and venue of the applicable courts of Stuttgart/Germany, if legally permitted.
(2) These Terms and Conditions are accepted by the User of MUSIC.INSTANTLICENSING.COM. Failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law.
These Terms and Conditions constitute the entire agreement between MUSIC.INSTANTLICENSING.COM and Users with respect to MUSIC.INSTANTLICENSING.COM and its services, and supersede any prior agreement between MUSIC.INSTANTLICENSING.COM and the Users. If any provision herein is unlawful, void or unenforceable, that specific provision is deemed severable from the rest of the Terms and Conditions, and does not affect the validity or enforceability of any of the remaining provisions.
THE USE OF THIS WEBSITE IS PROHIBITED IN COUNTRIES WHERE ANY PARTS OF THESE TERMS AND CONDITIONS ARE INVALID ACCORDING TO LOCAL LAW, WITHOUT LEADING TO THE ENTIRE OR PARTIAL INVALIDITY OF THE TERMS AND CONDITIONS. I HAVE READ THE TERMS AND CONDITIONS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
You may not use the PayPal service for activities that:
violate any law, statute, ordinance or regulation
relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) ,certain weapons or knives regulated under applicable law
relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f), are associated with the following Money Service Business activities: the sale of traveler’s checks or money orders, currency exchanges or check cashing, or (g) provide certain credit repair or debt settlement services
- involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent
- violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices
involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from PayPal and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.