General Terms and Conditions
for the general use of the internet offer on websites by “cocompose.com”
Status 01.01.2010
1. General remarks
Cambiz Seyed-Asgari & Jens-Peter Horvath GbR (cicil law association), Rofanstrasse 11, 81825 Munich, Germany, represented by Cambiz Seyed-Asgari and Jens-Peter Horvath (named in the following “cocompose” or “cocompose.com”), offers you all its services on the basis of the following General Terms and Conditions of Use (named “GTC” in the following). If you use the services, you therefore accept the validity of these GTC and depending on the account type, the Special Terms and Conditions of Use (called “Special Terms and Conditions” in the following).
1.1 Language of conditions and descriptions
1.1.1 As far as cocompose offers you a translation of the German language version of the “General Terms and Conditions of Use”, the “Special Terms and Conditions of Use” or other conditions and descriptions, this is offered to comfort you. The German version of the conditions shall be significant at all times.
1.1.2 As far as existing discrepancies or inconsistencies between the German language version and the translated version, the German language version of the conditions and descriptions shall be significant.
.
2. Area of application
2.1 These GTC apply exclusively for all online and communication services of cocompose which are offered at the internet address (URL) http://www.cocompose.com and with these related addresses (cocompose.net/.eu/.de) together with all the respective subdomains and subpages (“cocompose” website) associated with it.
These are however supplemented in the case of some account types (e.g. “Creative Account”) through Special Terms and Conditions. In so far as a rule is encountered which differs from the following rules then those of the Special Terms and Conditions take precedence.
2.2 These GTC and the Special Terms and Conditions are included in the contract through the so-called click-wrap agreement and in this way accepted by the user. The GTC and the Special Terms and Conditions are available on the online cocompose websites at all times.
2.3 Rules, limitations or extensions on the part of the user departing from these GTC as well as whatever Special Conditions according to account type are essentially not valid. They have no use even when cocompose does not expressly contradict them.
This also applies in particular for General Terms and Conditions of the user.
2.4 These General Terms and Conditions also apply for contracts, which are concluded with users from states other than Germany.
2.5 These GTC and also the respective Special Conditions associated with a particular account type apply for all contract relationships between the user and cocompose – even if they are not referred to again when further services are used by the user or offered by cocompose.
3. Conclusion of contract
3.1 By filling out and sending in the registration form and detailing all the other further information necessary, the user applies to be allowed to use the offer from cocompose.com.
3.2 After sending the registration form, the user receives an electronic confirmation via email written to the address specified by him. After corresponding re-confirmation of this email, the user is activated as a “Simple User” or “Creative User”.
3.3 The user declares and guarantees that all information specified by him at registration and when using the cocompose.com offer is truthful, correct and complete to the best of his knowledge.
This affects in particular name, address and age details. The giving of false names, nicknames, abbreviations, post office box address, false or incomplete house numbers, etc. is not allowed.
Furthermore, the user is obliged to check and if necessary to amend his personal data under “settings“ after his first “login” and also in future to always ensure the correctness of his information to cocompose.
3.4 Having completed the registration procedure, or at least at the latest when logging into the system (login), the user declares with binding force that he can prove that he is over 18 years of age. Without the express consent of cocompose in writing, the online offer may not be used by minors (under age of 18).
cocompose reserves the right to make the use of parts of the offer or of the entire offer by users, wich haven´t reached the age of 18 yet, as the case may be possible on condition, that the express consent in writing of at least one parent (legal guardian) of the user was submitted or an accessory contract referring to this with at least one of the users parents (legal guardian) can be concluded. There is no obligation for cocompose to accept such submitted consents or to conclude accessory contracts regarding the use of the offer by minors.
4. Services and user- / account types
4.1 cocompose offers the user, alongside chargeable services, a multitude of free services on the websites of cocompose.com. The chargeable services are pointed out individually.
4.2 Some of the services generated by cocompose can only be accessed after previous registration and login on the system. There are different account types (“Simple” or “Creative”) with different Special Terms and Conditions of Use and the different account types can be provided with different functions, services and rules depending on the spectrum of services intended for it.
4.3 On the cocompose.com website, users can enter or upload and market self-generated multimedia content, in accordance with the procedures contained in these GTC or in the Special Conditions. The entries executed in this way are combinable for the most part with the entries of other artistically talented users via a system and are as a rule accessible to the public as audio- or multimedia composing, compiled in this way or even as raw material. Such composings can then be obtained by other users for the purposes of playing at fixed locations or on mobile players (in particular in the way of downloading or streaming, etc.) either free or chargeable according to the circumstances. Moreover, the users can enter texts and comments on their own responsibility.
4.4 Depending on the type of membership, the user is provided with the following services:
a) Simple User:
· Free account
· Create audio/multimedia composing through initial voting and allocate names
· Download of free or chargeable audio/multimedia composings as an mp3 and/or mp4 via the shop function (the liability for costs and price is calculated by the system by means of the total of downloads executed by the user)
· Create and play personal playlist
· Submit commentary about projects and tracks
b) Creative User
· All services named under a)
· The special services corresponding with the Special Conditions for the the account type “Creative User” ( http://info.cocompose.com/en/global/TaC )
c) In addition, all users are provided with the following useful services irrespective of a registration and/or login to the system:
· Play audio-/multimedia composings
· Vote on audio-/multimedia composings (rate with his vote)
· Look for audio-/multimedia composings and projects following certain criteria.
· Display track composition for audio-/multimedia composings.
· Launch public shared projects and freely put together and play audio-/multimedia tracks in them
· Read commentaries about projects and tracks
· Read lyrics in public shared projects
5. System requirements
5.1 To be able to access the offer and the services from cocompose.com, the user must have suitable online, computer or device technology and have access to electronic services and media (internet) at his own cost and danger. Should the technical standards in the internet or supplier change, the user is to adjust to these changes at his own cost. The same applies for the computer platform used by the user together with technical equipment such as for example processor speed, storage equipment, speed of network connection, browser software together with its adjustments and installation of the necessary player plug-in, or other software.
5.2 In the case of a free or chargeable download as is the case, the user is to check beforehand whether the device or the necessary software, which is intended for the use of the downloaded files, i.e. with the mp3 format/mp4 format for audio- and mp4 format for multimedia composings, is compatible.
6. Rights and obligations of the user
6.1 The right to the use of the contents of cocompose.com is personal and may not be transferred to a third party. In particular the user may not make his access details (user name and password) accessible to any third party.
The user agrees to keep his password strictly secret and to inform cocompose immediately if he suspects a misuse of his access data or his password.
The user agrees to deal with this data carefully and to bear the responsibility for any dealings/affairs, resulting out of an uncareful handling with this data.
However if the user makes his account accessible to third parties, he is completely responsible for their actions.
6.2 A transfer of the rights and obligations resulting from this concluded contract is only possible for the user with the previous expressly written agreement on the part of cocompose.
6.3 The user agrees to undertake downloads of medial content such as e.g. audio-/video-/image- or text content exclusively via the functions set up by cocompose and described in the offer, no matter if the contents are offered against payment or free of charge.
Currently, the download/purchase of audio- or multimedia composings is provided irrespective of a liability for costs exclusively via the adding of such composings to the “shopping basket” or “my cart”. Such composings can be added to the shopping basket via the corresponding “add to shopping basket” or “add to cart” button labelled with a corresponding symbol. This basic function is also available to non-logged-in users. However, for the final download/purchase, the user must be registered as “Simple User” or as a user of another account type and be logged into the system.
An avoidance of the download set-up provided in particular with the aid of special applications or browser functions or browser extensions suitable for this, is prohibited and is to be regarded as an illegal download.
6.4 Moreover, the user commits essentially to refrain from the misappropriated use of technically-related downloads, such as for example can be indispensable for presentation in the browser or in an extension associated with this, not to open or alter such files and to delete these as soon as possible from his local directories and storage mediums e.g. through regular clearing of his browser cache. Such files are subject to the same copyright regulations as all other contents of the offer.
6.5 The user is prohibited from any unauthorised and/or malicious spying of cocompose.com content or an illegal or misappropriated use of the offer. Among these are counted e.g.
a) the unauthorised download or the unauthorised removal of contents particular to cocompose or also provided for users
b) the unauthorised download or the corresponding removal of programme codes or components thereof, as well as its decompilation
c) the collecting of email addresses or other personal user data
d) the use of cocompose.com’s own programme code in different programmings or on different websites
e) the spying of access data, server or database content, server operating systems, security settings or even the avoidance of security settings
f) all dealings that are intended to disrupt the functionality or the access to the offer at least temporarily, to hamper them or even to completely render them ineffective, or to alter the logical structure of the offer
Infringements can result in a civil and penal prosecution.
cocompose asserts in its entirety its copyright, use- and exploitation rights entitled to it for all its programmings and/or content.
6.6 If the user acquires knowledge of rule or law infringements within the offer or even beyond in so far as they are connected with cocompose content, he is obliged to notify cocompose.com of this immediately, giving the locality, so that cocompose can take the corresponding content from the offer and/or can assert its rights towards the violator, in particular from copyright.
6.7 With the exception of a mere file renaming, the user commits not to alter the downloaded files or manipulate them in any way. In this regard, in the context of working and collaborating on cocompose projects, for specific account types differing rules may apply for the download of individual works offered in their respective projects. These rules are to be taken from the respective account types of associated Special Conditions.
Für bestimmte Accounttypen können diesbezüglich für den in den jeweiligen Projekten angebotenen Download einzelner Werke im Rahmen der Bearbeitung von und Mitarbeit an cocompose.com-Projekten abweichende Regelungen gelten. Diese sind den jeweiligen Accounttypen zugehörigen Besonderen Bedingungen zu entnehmen.
7. Entries of the user
7.1 Depending on the service offer and account type, the users can undertake or send in entries of different kinds. They are e.g. text entries (e.g. forms, naming of a composing, comments about projects and tracks/pieces of work, lyrics texts or captions (comparable with karaoke)) or the uploading of audio, video, image, graphic and if applicable midi- or similar files in the respective data formats, where the content presented in the entries can be of a varying nature.
7.2 In principle the user bears complete responsibility for all the entries and activities made by him.
cocompose does not have any influence whatsoever on the entries of the user, it does not check them and does not endorse them.
7.3 When using the services on the cocompose websites, the user is above all to observe these regulations in the context of his personal entries as well as the effective rules and to ensure that the rights of third parties are not injured. Here, the user is prohibited in particular the inputting of the following content:
a) illegal content
b) content that injures the protection of intellectual property (copyright) or trademark laws
c) copies of protected pieces of music or films, even when these have been legally acquired; not even in sections or as a remix
e) content that is threatening or insulting, pestering or that invades the privacy of others
f) pornographic content
g) racist, neo-nazi, people-inciting or political conten
h) invocations to criminal acts or instructions about criminal acts
i) content with any image of violence towards people/animals
j) content with software viruses, or manipulating programmes of any kind, as well as the offer of sabotaging entries of any kind
k) content of a promotional nature (advertising)
l) mass mailings, chain letters, any kind of spam
m) misleading or false statements or in any way misleading statements originating in his own or extraneous content
o) giving of internet addresses, email addresses or links, not even in transcribed form (at instead of @), in so far as the user is not expressly asked in a relevant form for such an entry, and particularly not if the specified address contains any of the above-mentioned content.
The same applies for the setting-up of linkings by the user in the context of his entries, even and particularly if the setting-up of a link has been allowed by cocompose.
7.4 The user also in this respect undertakes to obtain independently the necessary consent before the activation or the uploading of his entry respectively before publication.
7.5 cocompose expressly reserves the right to delete the entries of the user, which offend against figure 7.3 and/or permanently exclude the user, in the case of an offence against figure 7.3, from the possibility of inputting entries into the system of cocompose.com.
Moreover, cocompose.com reserves the right to temporarily or permanently block the user from accessing his account, in so far as it does not have to be maintained completely or in a limited way for the completion of legal claims like the billing of proper royalties.
7.6 cocompose does not undertake any obligation to check the content on the cocompose websites.
7.7 The user releases cocompose from the claim through a third party, in so far as claims are asserted against cocompose because of content or linking in the context of the entries of the user and the user has injured the above-mentioned obligations. The release also includes the refund of resulting legal defence costs.
7.8 The user declares himself herewith to agree that, in the case of a (threatening) claim from a third party, cocompose.com may give out the data of the user to third parties.
7.9 In principle the following applies without adversely affecting the remaining regulations:
a) If you as a user make entries, send in content or other material, and the content of the entry does not offend against the law in force and/or any rights of third parties, you grant cocompose and its authorised business partners a temporarily and spacially unlimited and exclusive right of use, which includes the publication, the commercial exploitation and other use of your entries, even mentioning your name, for any purposes online as well as offline, as well as the right to re-produce, revise, sub-license, translate and present the contents. cocompose may transfer this right of use to a third party.
b) You undertake to guarantee that, at the time of entry, you hold or control in another way all copyright and rights of use to content sent in by you; that the content is accurate; that the content provided by you does not injure regulations of this General Terms and Conditions of Use (GTC) and/or the Special Terms and Conditions of Use beeing valid for your account type and does not inflict any damage on any other person or facility; that you release cocompose and its business partners from all claims which result from the content sent in by you. By granting the right of use and exploitation to cocompose, cocompose does not become the author. You remain the originator of your entry or your piece of work.
c) If you as a user offend the compulsory priciples according to figure 7.3. and make entries, send in content or other material, and the content of the entry offends against the law in force and/or injures the rights of third parties, you make entries you are not authorized to by cocompose, wich are unwanted by cocompose and wich were expressly not demanded by cocompose. As your entry is affiliated, published and exploited by the system in a automated way and cocompose has no knowledge about this violating act, by submitting your entry you grant cocompose and its authorised business partners a provisionally, ordinary and spatially unlimited right of use on your sole danger, responsibility and liability, which includes the publication, the commercial exploitation and other use of your entries, even mentioning your name, for any purposes online as well as offline, as well as the right to reproduce, revise, sub-license, translate and present the contents.
This provisional right of use and exploitation applies until the time at which cocompose learns that the entry in question offends against the law in force and/or injures the rights of third parties, plus an appropriate period for its removal from the offer of cocompose and its business partners. So long as cocompose has no knowledge of a statutory violation or the injury of third parties, this right of use may be transferred by cocompose to a third party.
In case of the need for a provisional or complete removal of the entry in question from the offer of cocompose and its business partners because of its content beeing illegal and/or injurious to third parties, cocompose and its business partners are entitled to compensation for all the damages and costs resulting from the removal including the compensation of claims of third parties, as well as costs arising for legal defence.
If, retrospectively it is revealed conclusively that the content in question does not offend against the law in force and/or any rights of third parties, or if in the case of an infringement of third parties the adversary reaches agreement, that authorises the user to grant to others the rights of use, the afore mentioned provisional right of use changes into a spatially and temporally unlimited right of use in favour of cocompose at the time of the conclusively and as the case may be legal clarification and/or of the agreement of the adversaries, in accordance with figure 7.9 a) and b). This is also valid if the provisional right of use has been expired in the meantime.
c) If you as a user make entries, send in content or other material, you declare herewith that you enter these into the system on a voluntary basis and free of charge. Should any copyright result to you from the entries made, you as a user grant cocompose and its business partners a right of use free of charge in accordance with the definition in figure 9.7. a) or 9.7. b). This applies in particular for the compilation or mixing of audio/video or other tracks, the naming of a created composing and for other text entries (e.g. in project or track commentaries) on the websites of cocompose.com.
The above-mentioned “free of charge” basis or gratuitousness does not apply for entries , which you undertake as user of an account type if something else is agreed expressly in the Special Terms and Conditions of Use effective for your account type for the kind of entry made by you (e.g. profit-sharing for “Creative User”). The remaining regulations however remain thereby unaffected.
8. Voting / Subvoting
The user undertakes to refrain from a multiple “voting” on one and the same composing.
9. Rights and obligations of the supplier
9.1 All offers are subject to alteration and non-binding. Cocompose expressly reserves the right to alter and/or to amend parts of the pages presented or the entire offer without separate announcement.
In so far as cocompose produces services and performances free of charge, these can be deleted and/or completely adjusted at any time. Any claims from the user can not arise out of this.
In so far as cocompose produces services and performances against payment, these can be discontinued with notice. In so far as nothing else is arranged in the following or in the Special Terms and Conditions, any claims from the user cannot arise out of this.
9.2 In so far as nothing else is agreed, cocompose reserves the right to permanently remove from the offer content published by users and download offers based on this and block for publication or make inaccessible or modify, if there are legal grounds for this. This particularly applies if there is a suspicion that content inputted by the user offends against the rules according to figure 7.3.
The same applies in the case of expiring rights as well as unclear authorship. This also applies in the case of combined content by different users and not all source content is affected by the reason for the removal.
9.3 cocompose reserves the right to integrate advertising for a third party in the context of its offer in a way that seems appropriate to him (3rd party), even in direct interplay with multimedia content put in by users.
9.4 cocompose reserves the right to exploit playlists compiled by users and offer them to other users, in anonymous form, unaltered or re-compiled.
9.5 Cocompose reserves the right to introduce a charge for individual services. In the case of the introduction of a charge for existing services, cocomopose will inform its users of this in advance.
If the user wishes to be able to continue using the now chargeable service, by paying for it, then he is to inform cocompose.
If cocompose does not receive any notification whatsoever within a period of 2 weeks, the chargeable service remains blocked for the user.
9.6 cocompose, for sales purposes, reserves the right to attach its logo to all presentable and downloadable multimedia content in an appropriate way and where applicable provide files with a digital watermark that indicates the origin of the file and if necessary the legal purchaser.
10. Prices, pricing system, payments and account
10.1 If a service is chargeable, before he becomes liable for payment for the respective services, the user is informed of the charges through corresponding notification or price labelling.
10.2 cocompose.com offers services at fixed prices or at market driven, dynamically generated prices, depending on their nature.
10.3 The charges arising for the payment of chargeable services are determined according to each currently valid price in accordance with the offer and pricing system. These result from the respective service specification.
10.4 A potential charge for a download is notified through a corresponding pricing including VAT. The end price of a requested download can consist of individually shown part prices (audio/video/subtitle or possible cover image) depending on the multimedial compilation of the composing requested for download.
The price applies which is displayed to the user at the time of adding to the shopping basket in a pop-up window and immediately afterward in his shopping basket.
The price shown in the shopping basket is limited to the duration of the respective session. If the session has expired through long inactivity of the user or if the user deletes the cocompose.com cookie necessary for the maintenance of the session, the price shown expires and cocompose has the right to remove the composings placed in the shopping basket. The same applies if the user signs off from the system or he is signed off from the system because of long inactivity.
10.5 All contracts where financial transactions are to be done are concluded under the condition that the user is in agreement with the exclusive completion of all payments via Paypal (Europe) Ltd, as business partner of cocompose.
Before incurring charges for special and/or applicable chargeable services of cocompose.com, the user is to inform himself independently, at the address “https://www.paypal.com/de/cgi-bin/webscr?cmd=p/gen/ua/ua-outside" about the General Terms and Conditions of Use (GTC) of Paypal, accept these and set up an account with Paypal.
Cocompose undertakes no liability in the case of errors with transactions via Paypal, since cocompose has no influence whatsoever on the service from Paypal and its functionality.
10.6 Any completion fees and transaction costs charged for the completion of financial transactions via its service are not included in the prices specified by cocompose.com in the offer and are to be born by the user. This applies for all kinds of financial transactions and fees arising relating to this and likewise costs such as for deposits, credit payments, additional charges, arrears and failed charges, for example.
10.7 In the context of a service, agreed flatrates or instalments are payable monthly in advance in so far as nothing else is agreed.
10.8 All fees owing are payable in euros. In so far as nothing else is expressly determined, all prices are inclusive of legal sales tax of Germany, in so far as it incurs.
10.9 cocompose grants the user no credit on user accounts in operation whatsoever. In so far as a user account in operation has sufficient credit, amounts owing from services of the offer are charged with this. Credits on user accounts do not incur interest.
10.10 cocompose reserves the right to adjust the prices for all services, in the case of an increase of the legal valued added tax, from the time the tax increase comes into force. The user is not entitled to any exceptional right of termination for this circumstance.
11. Copyright / use and exploitation rights
11.1 All cocompose.com content is copyright protected. In so far as there is nothing else resulting from this GTC or the respective Special Conditions, the owner of the rights of use is cocompose and/or business partners licensed by cocompose.
cocompose grants the user, for the duration of the contract, the simple right, which cannot be transferred to a third party, to use the offers contained on the cocompose.com portal in the context of the contract.
A use of the portal or its content beyond the contractually agreed usage is illegal. The user is particularly prohibited from copying or storing the whole portal or parts thereof for use by a third party, as well as to duplicate and/or publish images, graphics, audio and video sequences contained in the offer as well as texts in other electronic or printed publications without the express agreement of cocompose.
11.2 With free downloads and downloads against payment correctly obtained via the functions provided for this by cocompose.com, the user acquires a simple right to private use of correctly acquired media files. In so far as the production of copies or a dissemination of downloaded files for a third party is permitted according to the law in force for audio, video, image and text media, the legally established minimum framework relating to this applies.
11.3 All logos and trademarks named and if applicable protected by a third party within the internet offer are totally subject to the regulations of each trademark legislation in force and the right of ownership of the respective registered owners.
11.4 The integration of cocompose.com pages or parts thereof, e.g. via an integrated presentation in so-called frames, on websites external to cocompose.com is prohibited without express authorisation.
11.5 In so far as nothing different is agreed in the Special Conditions, the transfer of rights of use for entries made by the user on cocompose is defined in accordance with the rules in figure 7.9.
12. Right of withdrawal of the user
- Instruction of withdrawal -
You can withdraw your contractual statement within 2 weeks without stating any reasons in textual form (e.g. letter, fax, email) or – if the article is left for you before the expiry of the period – through return of the goods. The period begins on the day after the receipt of the notification in textual form but not before the arrival of the goods with the recipient and also not before fulfilment of our duties to inform in accordance with § 312 c para. 2 BGB i.V.m. § 1 para. 1, 2 and 4 BGB-InfoV as well as our duties in accordance with § 312 e para. 1 S.1 BGB i.V.m. § 3 BGB-InfoV. To observe the cooling-off period the timely dispatch of the withdrawal statement or the article is enough.
Cambiz Seyed-Asgari & Jens Horvath GbR
- cocompose -
Rofanstrasse 11
81825 Munich
Germany
Fax: +49 (0) 89 / 7240 3762
E-Mail: service@cocompose.com
Withdrawal consequences
In the case of an effective withdrawal, the services received on both sides in the context of
legal procedures are to be reimbursed and if any benefits incurred handed over (e.g. interest).
If you cannot reimburse us the services received or only partially or only in deteriorated state,
you must pay us compensation in so far as is applicable. This does not apply in case of surrender of chattels,
if the worsening of the chattels is exclusively arised from its inspection, like it would have been possible
for you in a retail store. You don’t have to accomplish a compensation for lost value if this is caused
by the intended usage of the chattel. Chattels, which can be shipped as parcels are to returned on our costs and risk.
Chattels, which can not be shipped as parcels are picked up from you. The user must fulfil obligations to
refunds of payments within 30 days. The period begins for you with the dispatch of your withdrawal statement or
the article, for us with its receipt.
Special note:
Your right of withdrawal expires prematurely, if on your explicit desire the contract has been completely fulfilled by both parties, before you performed your right of withdrawal.
In accordance with § 312 d para. 4 No. 1 BGB, there is no right of withdrawal for downloads and streams, since the music or film download or stream or the download of other media offered is not suitable for a return because of its nature.
- End of instruction of withdrawal -
13. Termination
13.1 The termination periods and minimum periods of validity for the individual services are to be taken from the service descriptions of the respective service. If no fixed period of validity is agreed, the contracts and memberships apply as concluded for an indeterminate time.
13.2 In so far as no other termination periods are defined in the service descriptions, a termination with a period of one month from the expiry of the calendar month is possible for services for which a period of validity beyond the membership is not agreed, and/or for the membership itself, however not before the expiry of an agreed minimum period of validity if applicable. If a period of validity is agreed, the service and/or the membership ends on conclusion of the agreed period of validity.
13.3 cocompose can exceptionally terminate an existing membership and/or existing contracts without prior notice with immediate effect and exclude the user from the offer if the user offends against the GTC and/or the Special Conditions applicable to his account type. This applies in particular in the case of the misrepresentation of a false identity, a false age, or in the case of dealings deemed to be illegal.
13.4 cocompose can exceptionally terminate an existing membership and/or existing contracts without prior notice with immediate effect if the user falls into arrears regarding an existing payment obligation, or the transmitted billing data does not result in a punctual and complete payment of payable charges from cocompose.
13.5 In so far as nothing else is expressly agreed, every termination is be carried out in writing and can be addressed via email to service@cocompose.com unaccompanied by any forms.
13.6 Durch die Kündigung einzelner Leistungen oder der Mitgliedschaft auf dem Portal von cocompose wird die Übertragung der Nutzungsrechte an den getätigten Eingaben gemäß der Regelungen in Ziffer 7.9 nicht berührt. Sofern diese nicht gegen geltendes Recht und/oder gegen keine Rechte Dritter verstoßen, hat der Nutzer cocompose gemäß Ziffer 7.9 a) ein zeitlich und örtlich unbeschränktes Nutzungsrecht eingeräumt!
14. Guarantee
14.1 cocompose expressly points out that all downloads provided are in that way compiled to composings as its original content was initially entered into the system by users as raw media data and compiled by users to audio or multimedia composings by combinating single audio- and multimedia tracks. These audio- or media files created and offered for download/purchase in this way are not checked by cocompose and, with the exception of the pure compression of the respective files, are not in any way revised or optimised by cocompose. cocompose has therefore no influence on the quality and compiling of the source data which is compiled in a composing and provided as an audio- or multimedia file for purchase or download. This affects in particular the sound and image quality, recording level, volume, start, end, duration, playing speed, synchronisation and pitch, etc. of individual tracks as such, or the tracks in compilation. In so far as the tracks have been reduced synthetically in this way to an audio- or multimedia file, as this is to be expected after assessment of the existing single tracks, there should be no flaw.
The user commits to scrutinise the respective composing of his choice before purchase or download for discrepancies and errors and to abandon the purchase or download if he does not like it. Furthermore, it is expressly pointed out that the sound and image quality experienced can differ significantly depending on the player. Listening to composings before purchase or download if possible via a stereo player plugged into the computer is therefore suggested.
14.2 If the file provided for download proves to be defective, the user (buyer) can demand the removal of the defect or the provision of a flawless file as supplementary performance. Cocompose can refuse the type of supplementary performance chosen, if it is only possible with excessively high costs.
14.3 If an amendment on the part of cocompose goes wrong, or cocompose refuses both kinds of supplementary performance or if cocompose does not produce this within the appropriate period set by you, the user (buyer) is entitled to legal warranty rights (reduction, withdrawal, reimbursement of expenses or compensation instead of service). The rights of the user (buyer) to a reduction and compensation instead of service are excluded if the defect on the audio or multimedia file is only slight.
14.4 The user (buyer) is not entitled to any rights because of defects which were caused by you or a third party through mishandling of the goods, or which he should have noticed when properly checking before purchase or download.
14.5 cocompose expressly points out that all audio or multimedia files and downloads provided using normal procedures are compressed to guarantee a faster listening capability, downloadability, and the greatest possible compatibility with standard portable players. Limitations regarding the audio and/or video quality are to be accepted as a consequence.
14.6 Claims towards cocompose because of defects lapse two years after provision of the goods.
15. Liability
15.1 cocompose undertakes no guarantee for the correctness, topicality and completeness of the content and information provided through cocompose.com.
15.2 cocompose undertakes no guarantee for content, information and data of third parties. This particularly affects the correctness, topicality and completeness of this data but also its freedom from third party rights, their legal legitimacy or other lack of encumbrance.
15.3 Furthermore cocompose undertakes no guarantee for the availability and operability of the offer provided and its content, particularly not for non-function, hesitations and faults which are not directly in the area of responsibility of cocompose. cocompose does not ensure that information or downloads requested by you reach you at a certain time and undertakes no guarantee and responsibility for problems, errors, mistakes, omissions, interruptions, deletions, unauthorised access by third parties or theft, as well as alterations of communications made by users as also for transmissions of information, emails and other messages.
15.4 Cocompose undertakes no liability whatsoever for indirect or direct damages, in so far as these are not based on intention or mere negligence. This exclusion of liability also extends to the liability of the employees, the legal representatives as well as the cocompose agents. The liability for warranted property, guarantees or fraud as well as a liability in respect of the Product Liability Act remains unaffected.
Contained in this exclusion of liability are also in particular faults from offered services
· because of line and connection failure,
· because of interferences from third parties in the form of viruses or the like,
· because of hardware and software errors,
· because of other circumstances which result from the technical and business limitations of the present day.
Cocompose also undertakes no liability whatsoever for poor performance of the portal, caused by simultaneous use by several users of the services offered on the portal.
15.5. Liability by cocompose on the merits of simple negligence is also non-contractually assumed only in so far as it concerns the breach of responsibilities, the fulfilment of which is essential for making possible the due implementation of the contract, the breach endangering the achievement of the aims of the contract, which the user normally expects to be fulfilled (so-called cardinal obligations).
15.6 A liability because of the fault of third parties as well as by an act of god is in principle explicitly excluded.
15.7 In principle this applies: all claims of users between each other – of whatever kind – are to be settled by these themselves in the case of arguments. There is no obligation for cocompose to be involved in any way.
15.8 cocompose is, in accordance with § 10 TMG only responsible for external content if cocompose has knowledge of illegal dealings or content or information and has knowledge of facts, in the case of compensation claims, from which the illegal dealings or content or information becomes evident, and where cocompose has not immediately acted to remove the content or the information or to block access to it as soon as cocompose has obtained knowledge thereof.
15.9 In the case of direct or indirect reference to external pages via linking, cocompose undertakes no responsibility or liability whatsoever for the content of the external target or source pages. The suppliers of the respective pages are solely responsible for the content of these pages. Besides, cocompose has no influence whatsoever over the present and future content of linked external pages and distances itself therefore expressly from all content, linked external pages which have been altered after the time of linking.
This applies for all linkings and references to external pages within its own offer as also for all linkings and references to external pages which users have put in areas and directories provided for you together with databases or on whose content external write accesses are possible as is the case for example in project and track commentaries, subtitles, lyrics, forums, community and chat rooms, as well as in the playable multimedia data itself. The supplier of the linked page is solely liable for illegal, defective or incomplete content and in particular for damages which result from the use or non-use of the above-mentioned information.
16. Indemnity
In case the user offends against these GTC, against the respective Special Conditions effective for his account type or against another law effective with regard to the use of the offer or the content obtained from that, he commits to indemnify cocompose from every damage resulting from this, in particular from claims asserted by third parties, as well as costs incurred from legal defence costs to the amount of fees set by law.
In so far as it concerns the special case of claims against cocompose because of entries of the user, the latter has already indemnified cocompose in accordance with figure 7.7.
17. Data privacy
17.1 Personal data which is necessary to establish or alter a contractual relationship with the user including its form as regards content, is stored and processed by cocompose in accordance with the Federal Data Protection Act (BDSG), the Telecommunications Act (TKG) and the Teleservice Data Protection Act (TDDSG), in so far as this is necessary for the carrying out of the contractual relationship.
17.2 cocompose treats the data as confidential and in agreement with legal regulations.
17.3 Your data is communicated to third parties only to the extent that this is legally intended or admissible. For the indemnification of the offer, it can for example be necessary to pass on data to external service providers e.g. for transaction completion, dunning and claims management. Your data is treated confidentially in this case and only passed on to the extent of this being absolutely necessary. Moreover, cocompose is obliged to answer enquiries from law enforcement agencies and to impart this personal data if necessary.
17.4 Details or data which the user inputs himself in publicly visible areas do not fall under the rules of data protection.
17.5 In so far as the personal data is also necessary to be able to fulfil obligations beyond a terminated contractual relationship (e.g. royalty payments, remunerations), cocompose is entitled to store personal data even beyond the contractual relationship until the obligation is finally fulfilled.
17.6 Furthermore, cocompose is entitled, in accordance with figure 7.7, to pass on the user’s data to a third party in case of a (threatening) claim by them.
18. Final clauses
18.1 ccocompose reserves the right to alter or amend these GTC as well as the respective Special Conditions in the future. In so far as there is a worsening of the user’s position through this, the user is informed in writing about this 6 weeks before the planned alteration is in force and asked for his agreement at the deadline.
If the user declares that he is not in agreement with the planned alterations within the period set, then cocompose can terminate the the membership and/or contract in writing with the appropriate period for orderly termination.
Something different applies in so far as an alteration of these GTC or the respective Special Conditions is necessary because of altered legal procedures or current jurisdiction. In this case, cocompose is to simply display the alteration.
At the same time, it is expressly pointed out to the user that the respective alteration becomes part of the contract between the contractual parties if the user does not contradict this alteration in writing within a period of 4 weeks from notification of the alteration (email, post, fax). If the user contradicts, every party has the right to terminate the contract in writing with the appropriate period orderly termination.
18.2 Cocompose is entitled to transfer the registration of the user as well as the contracts concluded with cocompose to a third party. In this case, the user is entitled to an exceptional right of termination of his membership. The user is informed about this 4 weeks in advance and has the option of terminating his membership within 4 weeks after communication of the transfer via email to service@cocompose.com with immediate effect.
18.3 For all legal relationships between cocompose and the user, the law of Germany applies exclusively. The application of the international convention (CISG agreement) is excluded.
18.4 Exclusive place of fulfilment for contractual obligations is the place of business of cocompose.
18.5 The headquarters of cocompose is agreed as court of jurisdiction for arguments from the contract between the parties if
· the user has no general court of jurisdiction in the country
· the address or usual residence of the user is unknown at the time of the institution of proceedings or
· the user has moved his address or usual residence abroad after the conclusion of the contract.
18.6 Should one or several regulations of these GTC be or become ineffective then the effectiveness of the GTC are moreover not affected by this.