§1 General information
(1) Company GST, Brinkhofstr. 86, D-58642 Iserlohn (in the following referred to as “relax-mp3.com" ) offers a "music-on-demand-service" on its web-sites www.wellness-mp3.com and www.relax-mp3.com. These web-sites offer MP3 downloads.
(2) The services provided by these web-sites are provided under these general terms and conditions of business of relax-mp3.com which represent the essential business contract connecting relax-mp3.com and customers when using relax-mp3.com services. Contracts between relax-mp3.com and customers are only concluded upon these general terms and conditions of business.
(3) Only the general terms and conditions of relax-mp3.com are valid. All general terms and conditions which are altered, deviated or contradictory terms and conditions of the customer are not accepted by relax-mp3.com. The only exception occurs when relax-mp3.com explicitly accepted certain general terms and conditions of the customer in written form.
(4) Contracts stemming from the services offered on the relax-mp3.com web-sites are concluded explicitly between relax-mp3.com and the customer.
(5) The customer has to have both a suitable online technology and access to electronic services and media (internet) which are to be run at own expense and risk in order to use the services provided by relax-mp3.com. If technical standards regarding the internet or the web-site relax-mp3.com change, the customer will have to update those modifications on his own expenses.
§ 2 MP3 downloads
(1) Downloading MP3 files is only permitted for exclusive use. The download does not transfer any further rights on the saved pieces of music.
(2) The MP3 Files, which are coded with 128 kBit/s are packed as ZIP files. To extract the MP3 you need a zip extraction program. More information about formats and packaging could be found in our faq.
§ 3 Liability
(1) relax-mp3.com is only liable for deliberate and/or gross breach of duty. Any liability regarding a contract-related breach of duty is always limited to damages which are related to the type of contract and foreseeable damages. Any liability for consequential or indirect damages is always excluded.
(2) Moreover – except liabilities for deliberate and/or gross breach of duty – the liability for each damage resulting from MP3 downloads is limited to the amount of € 500. Those liability limitations are not valid when legal representatives or executives of relax-mp3.com are blamed for gross breach of duty
(3) relax-mp3.com do everything possible to ensure the liability and functionality of its "music-on-demand-service". Still, relax-mp3.com can not be held responsible when an MP3 audio file does not function properly on a customer´s computer.
(4) The customer has to load third-party software in order to use MP3 files. relax-mp3.com can not be held liable if the software and the audio file used by relax-mp3.com are incompatible with the third-party software or the operating system of the consumer.
(5) relax-mp3.com is not responsible for the correctness and completeness of banner contents and other third party offers or information published on the relax-mp3.com web-site including information and offers published on web-sites which are linked to or from the relax-mp3.com web-site.
§ 4 Copyright law
(1) MP3 files are downloaded with full copyright reservation. It is forbidden to rent out, copy, perform or broadcast any downloaded pieces of music.
(2) The customer accepts that any violation of law, especially the copyright law can and will be prosecuted to the fullest extent of the law
§ 5 Data protection
(1) relax-mp3.com complies to the relevant rules of data protection, especially the broadcast service law and the Federal Data Protection Act.
(2) In order to conclude and carry out a contract, it might be necessary that relax-mp3.com collects, processes and uses person-related customer data. This may contain name, address, e-mail address, bank sorting code, account number or credit card details.
(3) The collection, and use of this data only helps to conclude the contract between the customer and wellness-mp3.com.
(4) If the customer subscribes to the newsletter, the data mentioned in „(2) Data Protection“ is used in the subscription process.
(5) Person-related data is never forwarded to any third party; this also applies to all data concerning the period of use and the clearing system.
(6) User profiles are only produced anonymously, never combined with person-related data and never forwarded to any third party. User profiles are only used to design the individual internet platform.
(7) When a customer enters the internet platform relax-mp3.com, a cookie is placed on his computer.
§ 6 Miscellaneous
(1) This contract is concluded under German law. UN sales law is explicitly excluded.
(2) The place of jurisdiction is Iserlohn, Germany. This also applies when the customer does not have a general legal venue in Germany which also includes situation when the customer moves to a foreign country or to an unknown destination after the conclusion of the contract.
(3) relax-mp3.com preserves the right to change these terms and conditions, especially when legal regulations change or the offer is augmented.
(4) The individual terms and conditions of business can be retrieved from http://www.relax-mp3.com/shop_content.php?coID=3.
(5) When individual terms or conditions of this contract should expire, all other terms and conditions of contract remain unaffected. Expired or deleted terms or regulations are exchanged by the individual legal regulation.
GST
Brinkhofstr. 86 * D-58642 Iserlohn
Telef. +49 (0) 23 74 / 93 73 50
Fax: + 49 (0) 23 74 / 93 73 73
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