General Terms and Conditions for Digital Content

Here you can find our current terms and conditions for digital content (online services and e-books).

WhatsMusic.de

Robert Schulz

Badergraben 18

04808 Wurzen

Phone: +49 3425 8259 210

Fax: +49 3425 8259 211

E-Mail: info@whatsmusic.de

 

Scope of application

These general terms and conditions apply to contracts for the delivery of digital content (in particular e-books (PDF and EPUB), downloads, ONLINE services) not located on physical data carriers by WhatsMusic.de represented by Robert Schulz – hereinafter referred to as WhatsMusic – by the customer – hereinafter referred to as CUSTOMER – within the scope of the user contracts concluded with the CUSTOMER.

They apply in addition to our General Terms and Conditions.

Right of withdrawal for consumers in the case of contracts for the use of digital content

Consumers are generally entitled to a statutory fourteen-day right of withdrawal in the case of distance contracts (contracts in which the entrepreneur or a person acting in his name or on his behalf and the consumer exclusively use means of distance communication for the contract negotiations and the conclusion of the contract). Consumer in the sense of § 13 BGB is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to his commercial nor his independent professional activity.

Expiry of the right of withdrawal

  • According to § 356 Abs. 5 BGB your right of withdrawal expires, if WHATSMUSIC has started with the execution of the contract after you have
  • expressly agreed that we begin with the execution of the contract before the expiry of the revocation period, and
  • you have confirmed that you were aware that by giving your consent you lose your right of withdrawal upon commencement of the execution of the contract.

Data protection

  • Personal inventory and usage data of the client will be collected, processed and used in machine-readable form within the scope of the purpose of the contractual relationship.
  • The personal data will be used by WHATSMUSIC exclusively for the purpose of fulfilling the contract. The CLIENT may at any time receive information about the data stored about him. WHATSMUSIC treats this information confidentially and does not pass it on to third parties, except to partner companies which need the data to process the order or for the technical implementation of the use of the ONLINE service. In addition, we refer to our privacy policy.

ONLINE-Services

  • WHATSMUSIC ONLINE services are database works, which can be accessed and used online by means of access data for the duration of the user contract.

Access data, technical requirements

  • The CLIENT receives individual access data (username and password) from WHATSMUSIC after the conclusion of a user contract (single license), by means of which he can log in to the password-protected ONLINE-Service via remote data transmission. These access data entitle him to use the ONLINE services within the scope of his user contract. If the CLIENT is an institution (public authority, company, etc.), several persons can be authorized to use the ONLINE service after an appropriate agreement (so-called network license agreement), whereby each authorized user receives his own access data.
  • Institutions have the possibility to connect to the ONLINE services of WHATSMUSIC via IP-Check (IP = Internet Protocol) if the corresponding technical requirements are met. In this case, the obligation to log in with user name and password may be omitted and the respective agreed prerequisites shall then apply.
  • The CLIENT shall provide the individual technical requirements for the access to and use of the ONLINE-Services, also in case of further development of the software platform or other technical system components by WHATSMUSIC, in particular to provide the necessary hardware and operating system software, internet connection as well as an up-to-date browser software; WHATSMUSIC shall inform the CLIENT on request about the browser to be used in each case.

Rights of use

  • The CLIENT receives the contractually agreed, limited to the duration of the usage contract, non-transferable, simple right to use the ONLINE service.
  • The retrieved contents and documents may be used by the CLIENT exclusively for his own use. Any commercial use, in particular the selling, renting, leasing or lending of programs or documents, both in printed and file form, is prohibited. The permanent storage of substantial amounts of data for the production of own systematic collections is not permitted.
  • In the case of several users, only the number specified in the network license agreement shall be entitled to use the software.

Secrecy and misuse of access data

  • The access data provided to the CUSTOMER on the basis of an individual or network license shall exclusively entitle the CUSTOMER as a contractual partner to use the ONLINE service and shall be kept secret by the CUSTOMER. Unauthorized use by third parties is prohibited and must be prevented by the CLIENT.
  • When using a network license, the CLIENT must ensure that the authorized users working in its institution also comply with this obligation. The CUSTOMER is obligated to limit IP access to the ONLINE service to the authorized users of its institution and to prevent unauthorized use by third parties.
  • The CLIENT is liable for any misuse for which he is responsible. WHATSMUSIC has the right to block access to the ONLINE service if necessary. If the CLIENT becomes aware of a misuse of the access data or the IP check, he is obliged to inform WHATSMUSIC immediately.

Scope of services, periods of unavailability

  • WHATSMUSIC is responsible for the connection of its servers to the internet and has to ensure the accessibility e.g. by suitable contracts with its provider.
  • The WHATSMUSIC ONLINE services can generally be used seven days a week, 24 hours a day. A use with reasonable response times is assured. WHATSMUSIC strives for an availability of the ONLINE services of 98.5% on an annual average.
  • When determining downtimes, times of non-availability are not included
    • due to a lack of technical requirements to be provided by the CUSTOMER for access and use of the ONLINE service,
    • due to disturbances in the data transmission network or defects within the responsibility of the data transmission company,
    • due to force majeure, in particular power failures or disturbances of the telecommunication networks,
    • due to routine or necessary maintenance or updating measures between 22:00 and 6:00. Extraordinary maintenance periods between 6:00 a.m. and 10:00 p.m. shall not be deemed to be downtime, provided they do not exceed a maximum of three hours per month.

Reservation of right to change

WHATSMUSIC reserves the right to change contents of the ONLINE service at any time, in particular to reduce or extend the scope of the service appropriately.

Costs and terms of payment

  • WHATSMUSIC charges the CLIENT as remuneration for the subscription a monthly price specified in the usage agreement. All prices are final prices in Euro and include the statutory value added tax.
  • Invoicing is done annually in advance (billing period). Unless otherwise agreed in text form, the usage fee shall be due for payment without deduction on the stated due date after receipt of the invoice. The invoice may also be issued in electronic form.
  • The CUSTOMER has the option to pay by credit card or PayPal. In order to pay with the online payment service PayPal, a PayPal account is required. Further information on this can be found at www.paypal.com. When paying by credit card, a credit check is always carried out on the CUSTOMER in advance. The credit card account will be charged upon completion of the order. In the event that the CUSTOMER pays by direct debit, the period for pre-notification shall be reduced to 3 working days before the due date of the respective invoice amount. A separate pre-notification shall not be made if such pre-notification already results from other documents provided (e.g. invoice). The CUSTOMER warrants to ensure that the account is covered.
  • A direct debit mandate given by the CLIENT includes future orders as well as already existing continuation orders with WHATSMUSIC. An existing customer account is generally converted to direct debit. A revocation of the direct debit mandate is possible at any time.
  • If the CLIENT is in default of payment, WHATSMUSIC is entitled to claim a handling fee and default interest in the amount of 5% above the prime rate p.a. as announced by the European Central Bank. In case of default of payment, WHATSMUSIC is entitled to revoke the rights of use and to block the access to the ONLINE-Service without giving further reasons.
  • Notwithstanding No. 4.5, WHATSMUSIC may increase the remuneration due to cost increases. The adjustment of the remuneration shall be communicated to the CLIENT. In this case, the CLIENT has the right to terminate the contract without notice to the end of the current subscription period.

Term and Termination

  • Subscriptions to ONLINE services shall be concluded with a minimum contract term of twelve months. Deviating from this, individual agreements may be made in the usage contract.
  • The contract term shall be extended by another twelve months in each case if the contract is not terminated in text form with a notice period of four weeks to the end of the contract term (date of receipt).
  • In the event of premature termination or expiry of the subscription in accordance with the contract, access to the ONLINE service shall be blocked immediately.

Warranty for defects, notification of defects

  • A material defect exists if the ONLINE service does not have the agreed quality and the contractual use is consequently not possible or only possible to a limited extent. The agreed quality of the ONLINE service results exclusively from the user contract, the description on the WHATSMUSIC website, from advertising materials or help texts. Information and statements about the ONLINE services are not to be understood as a guarantee or assurance of a property.
  • The CLIENT shall immediately notify WHATSMUSIC of any defects or malfunctions by means of a comprehensible, written description of the defect. Upon receipt of the written description of the defect, WHATSMUSIC shall remedy the defect within a reasonable period of time.
  • The CLIENT shall only have the right of extraordinary termination if the defect cannot be remedied by WHATSMUSIC within a reasonable period of time for the individual case. In all other respects, the statutory provisions shall apply.

Limitation of Liability

  • WHATSMUSIC shall exercise due care in the selection, maintenance and up-to-dateness of the contents of the ONLINE-Services. As far as WHATSMUSIC is dependent on the supply of texts of third parties, WHATSMUSIC does not assume any liability for the correctness, topicality and completeness of the provided contents and their selection as well as compilations.
  • WHATSMUSIC is not liable for damages caused by malfunctions of lines, servers and other facilities which are not under the responsibility of WHATSMUSIC.
  • For damages due to injury to life, limb or health, in the case of intent or gross negligence by WHATSMUSIC, a legal representative or vicarious agent, as well as for damages covered by a granted guarantee or warranty, WHATSMUSIC shall be liable in accordance with the statutory provisions.
  • In the event of slight negligence, WHATSMUSIC shall only be liable for compensation for foreseeable damages typical for this type of contract and only insofar as an obligation, the proper fulfillment of which makes the execution of this contract possible in the first place and on the fulfillment of which the contractual partner could rely (cardinal obligation), has been violated by WHATSMUSIC, a legal representative or vicarious agent. In all other respects, liability is excluded to the extent permitted by law.

Copyright

  • The digital contents and ONLINE services in question are database works specially produced by WHATSMUSIC, specifically databases in the sense of §§ 4 para. 2, 87a para. 1 UrhG (German Copyright Act). The associated computer programs are protected by §§ 69a ff. UrhG.
  • WHATSMUSIC is the rights holder regarding all other elements of the ONLINE-Databases, especially regarding the rights of use and ancillary copyrights for contents and documents.

 

E-books, PDF and audio downloads

Upon completion of the order process via the WHATSMUSIC homepage, the CLIENT shall receive the simple, non-transferable right to use an e-book or an audio book download (both hereinafter referred to as “Downloads”) for exclusively personal use in accordance with the Copyright Act in the manner offered in each case.

The right of use begins as soon as WHATSMUSIC has made the download option available to the CLIENT. This is done by sending an e-mail to the e-mail address provided by the CLIENT and registered with WHATSMUSIC.

This e-mail contains a link to download the download. The download link is available for a period of 30 days.

The CLIENT is responsible for transferring the file to his end device in time before the expiration of this period and to protect the file there by security measures (e.g. backup).

Downloads contain a watermark with the CUSTOMER’s personal data to protect against illegal copying.

The transfer of downloads to different computers or mobile devices of the CLIENT is permitted for personal use. Furthermore, it is not permitted to change the content or editorial content of downloads in any way or to use modified versions, to copy them for third parties, to make them publicly accessible or to forward them, to post them on the Internet or other networks against payment or free of charge, to imitate them, to resell them or to use them for commercial purposes.

Any further transfer of rights to third parties is excluded.

General

  • Place of performance is Leipzig.
  • The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
  • If the CLIENT is a registered merchant or a person under public law or if the CLIENT has no permanent residence in Germany, the place of jurisdiction for legal disputes arising from or in connection with this contract shall be Leipzig.
  • WHATSMUSIC does not participate in dispute resolution proceedings before a consumer arbitration board.
  • Ancillary agreements, amendments or supplements must be in writing to be effective, as well as the cancellation of the requirement of writing.
  • Should any of these provisions be or subsequently become invalid, this shall not affect the validity of the provisions as a whole.