conditions of use and general terms and conditions

modernmusix operates a system that enables the user to search audio and score files (music scores) on the www.modernmusix.com website and to download this for a fee.

The following General Terms and Conditions (GTC) regulate the use of the modernmusix service on the www.modernmusix.com internet site. The user's alternative GTC+C159 are not applicable even where modernmusix, despite being aware of the user's general terms and conditions, provides services to the user despite refuting these terms and conditions.

The Conditions of Use and General Terms and Conditions include all updates and supplementary conditions to which reference is made. In order to agree to these conditions please click on the "accept" field. In the event that you do not agree with the conditions for using the platform, you will not be able to use the service. Modifications, partial acceptance and additions to these conditions are not permissible.

modernmusix reserves the right to refuse access to the service if you do not comply with this agreement completely or partially.

§ 1 conditions of use and system requirements

The modernmusix service is intended for users who are at least 13-years old. Users who are between the age of 13 and 18 years old should read and discuss these conditions together with a parent or a guardian in order to ensure that they and their parent or guardian understand and accept these conditions.

The user must have an internet-compatible computer with sound card with internet connection and an email address. Certain uses may require the deployment of other hardware (such as a CD writer) which the user alone is responsible for obtaining. As the use of the service is dependent on the use of hardware, software and access to the internet, the possibility of using the service is dependent on the performance of these. A high-speed internet connection is expressly recommended. The user is responsible for ensuring compliance with the system requirements as may change from time to time.

§ 2 procedure

(1) Shop

Users can avail of the service via a browser and pay for the audio and score files for downloading by means of the available payment methods. The effective completion of the purchase transaction is conditional upon the user correctly entering the requested data. The services of the providers of payment systems are regulated by the terms and conditions of the respective provider. These terms and conditions can be viewed on the homepage of the various providers.

(2) Registration

Prior to use modernmusix users are required to register by entering their names and addresses (grouped email address not permitted). The use of so-called trash email addresses is not permitted. The user selects a user name and password. Having registered the user will promptly receive an email confirming the registration. This mail contains a confirmation link. Clicking on this link will complete the registration procedure.

(3) Password

The user is responsible for maintaining the confidentiality and security of his account. He may not pass his account data on to any other person nor may he use the account of any third person. He is liable for all activities that are undertaken via or in connection with his account. He undertakes to inform modernmusix about each and every unauthorised use of his account. modernmusix assumes no liability for losses resulting from the unauthorised use of account, unless this concerns negligent conduct on the part of modernmusix.

§ 3 purchase agreement

(1) Contractual partner

The contractual partner of the user in relation to the purchase/download of an audio or score file via the www.modernmusix.com internet site is modernmusix, Mr Marcus Antonius Wesselmann, Suelzburgstrasse. 209, D-50937 Cologne / Koeln, Germany.

(2) Object of the agreement

The object of the agreement is a service that enables the user to search and execute online retrievals and downloads of audio and score files which are presented and offered via the modernmusix.com internet site.

Any given file may only be downloaded three times per transaction. Once the user has purchased, downloaded and received a file, he bears the risk for loss, destruction and damage. modernmusix is not liable for loss, destruction and damage of content unless it has caused this through its (at the very least) negligence.

Through the purchase the user acquires the simple, non-assignable right to use purchased audio and score files for his exclusive, personal and private use. As a rule the usage right encompasses the right to copy titles solely for private purposes, to write it to data carriers and use these exclusive playback purposes. These rights can be restricted in specific cases. Any more extensive use may be restricted through the use of a Digital Right Management Systems (DRMS). In using the purchase files, the customer must comply with the statutory provisions and the provisions of the Copyright Act (UrhG) in particular.

Any use beyond the scope of the granted rights, including (by way of example but not exhaustive) reselling, passing on, transfer, public performance or sub-licensing, etc. as well as the commercial use of audio files is prohibited, unless permitted by overriding statutory provisions. This also applies in particular to audio CDs burned by the user following the download.

(3) Purchase procedure

By using the selection or search function the user accesses an overview of the searched works and their price. All prices are stated inclusive of applicable VAT. By clicking on the "shopping basket" function the selected file is placed in the user's shopping basket and can be viewed there.

(4) Contract

By clicking on the "buy now" button in the opened shopping basket window, the user is submitting an offer to modernmusix to download the selected audio and score files in return for paying the displayed price. By making the files available to the user for download, modernmusix accepts the user's offer and a purchase agreement is established between the user and modernmusix.

(5) Confirmation email and download activation

Promptly following the conclusion of the agreement the user will be sent a confirmation email to his email address and the purchased audio or score file will be activated for download in ACC and/or MP3 surround or PDF format. Users will be transferred to the download site directly following the conclusion of contract. The download is made available for a period of three days, during which the user can download the file onto his computer.

(6) Payment

The user may pay the fee stated in each case by means of the methods offered on the modernmusix.com internet site. Payments are subject to the GTC of the respective companies who facilitate the payment procedure.
Administered credit accounts are only available and retrievable for logged-in users in the side bar under [account] in the [credit] line. The information relating to the account balance is not binding and does not establish any automatic right to modernmusix services to the corresponding value.

(7) Warranty and return

In the event of a faulty download operation the user has the option of again receiving the title(s) without any further payment. Credit notes will be issued upon the user demonstrating the unsuccessful download operation. Users may inform modernmusix of purchasing difficulties by email by using the address set out in the legal notice by means of one of the contact options presented there.

§ 4 right of revocation

Audio and score files that are delivered by modernmusix via the internet are excluded from the right of revocation pursuant to Section 312 d para. 4 no. 1 German Civil Code.

Where the right of revocation is not excluded on this basis, the user declare its written declaration of intention to modernmusix to revoke the contractual agreement within 4 weeks without specifying reasons, by sending the revocation to Mr. Marcus Antonius Wesselmann, Suelzburgstrasse 209, D-50937 Cologne / Koeln, Germany. The revocation period is met if the notification is dispatched within the specified time. The revocation period starts to run with this legal instruction, but no earlier than the receipt by the user of the goods. With an effective revocation any contractual performance already received must be returned by each party. The user will be required to pay a reasonable sum of compensation for any deterioration of the article through its prescribed use or for any services already provided by modernmusix.

§ 5 liability/disclaimer

(1) Obligations of the customer

The user is responsible for ensuring that his personal log-in data is kept secure from being accessed by third parties and is liable for every transaction performed with this data. In particular he must make the payments connected with purchases undertaken with his account. The user is duty bound to indemnify modernmusix in the event of justified third party claims, unless he can demonstrate that he is not responsible for the breach of duty that has caused the loss.

(2) Principles of liability

The user's claims for compensation are excluded. Excepted from this exclusion are the user's compensation claims arising in relation to death and personal injury, or from the infringement of a significant contractual obligations (cardinal obligation) as well as the liability for other damage/loss arising from the intentional or grossly negligence breach of an obligation on the part of modernmusix.com. Significant contractual obligations are those without which the contractual objective could not be achieved.

In relation to the breach of significant contractual obligations, modernmusix is only liable for the contractual, foreseeable damage/loss where this was caused through its ordinary negligence, unless the issue relates to the user's compensation claims arising from death or personal injury.

The limitations contained in these paragraphs are also valid in favour of the legal representatives or vicarious agents of modernmusix in the event that claims are asserted directly against these persons.

(3) Warranty for availability

modernmusix reserves the right to interrupt the access to products in order to carry out maintenance works. As modernmusix is required to use third party services and distribution channels, over the continuous availability of which modernmusix has no influence, modernmusix does not warrant the undelayed relay of the products ordered by the user within third party-maintained distribution channels/lines. modernmusix is not liable for any temporary or permanent interruption of the data relay to the user's computer. Moreover, modernmusix does not warrant the continuous availability of the products and services offered, e.g. in the event of the failure of a provider of for certain information.

(4) Warranty and liability for software, etc.

In order to utilise modernmusix products it is necessary to use technical systems such as terminal equipment, software programs, communication channels, telecommunications and other third-party services, through which the user may incur further costs including connection charges in particular. The user is required to acquire the aforementioned services and equipment through a separate contractual arrangement. modernmusix does not assume any liability for the up-to-datedness, completeness or accuracy of communicated information or for its prompt and fault-free technical relay. The liability of modernmusix for orders of electronic files is excluded if the cause for the defective communication lies with the user, in particular as a result of the utilisation of non-compatible hardware and/or software.

(5) Liability for conduct, etc.

modernmusix is not liable for the conduct of users or any third parties or for content or declarations which are relayed from users or other third parties as a result of using the service. modernmusix is also not liable for damage/losses arising from the use or impossibility of using the internet page. In particular modernmusix is not liable for costs that are incurred in connection with messages received or other transactions or through the modification of the entry of data. modernmusix is also not liable for damage/losses, arising from the interruption, temporary suspension or cessation of the internet site.

(6) Material defects and defect of titles

Apparent defects and erroneous deliveries must be reported to modernmusix in writing by the user within seven (7) days of receiving the goods. If no fault notification is submitting with this period the user has no claims whatsoever in relation to apparent defects or erroneous delivery. Rights arising in relation to any material defects and defect of titles are based on the statutory provisions and are limited as follows: In relation to the purchase of products by consumers the applicable limitation period for statutory claims for material defects or defect of titles is two years; for all other purchasers who are not consumers the limitation period is one year.

(7) Characteristics and usability of the contents

modernmusix does not make any guarantee in relation to the characteristics of the contents by setting out configuration data or descriptions of the contents. A guarantee only exists where it has been expressly declared to the user. modernmusix does not warrant the full usability of the contents, particularly not that such content can be processed or stored on any storage media or that it can be converted into any data format.

§ 6 termination

The customer is entitled to terminate the agreement in accordance with the statutory provisions. In the event of a breach of contractual obligations or any default of payment on the part of the user, modernmusix reserves the right to block the user's account and to prevent any new registration by the user.

If the user's credit account contains credit at the time of an extraordinary cancellation of the agreement by the user due to a significant reason lying with modernmusix, the latter will pay out the credit upon receiving a written demand to do so from the customer. In relation to the disbursement of credit modernmusix will charge the customer an administration fee of between 5.00 and 7.00 Euro depending on the time required. The customer is entitled to demonstrate that a lower loss has been incurred. The reimbursement of credit is excluded in all cases other than the termination of the agreement by the customer due to a significant reason.

§ 7 data protection

(1) personal data

Pursuant to Section 33 para. 1 Federal Data Protection Act and the provisions of the German Teleservices Act, the user is informed that his data will be stored in a machine-readable form and utilised. In the following paragraphs modernmusix is observing the provisions regulating data protection. Personal data such first name and surname, email address, postal address, telephone numbers and age, will be requested such as during registration and will be used exclusively for internal purposes.

Any resale or relay of such data to third parties will only be performed by way of the law or in the event of a court order. modernmusix does, however, use such data for internal marketing and promotional purposes, in order to provide better support to marketing campaigns, to establish contact with users (e.g. email for the purposes of sending newsletters, which also relate to "non-requested" issues and for internal researches concerning user behaviour on this website). In this context once the user has again received information from modernmusix he may prevent this occurring again in the future by contacting sales@modernmusix.com. modernmusix can accept no liability or responsibility on the basis of errors occurring during data processing and/or in relation to unauthorised third-party access.

(2) non-personal data

Alongside the personal data described above, modernmusix also stored non-personal data such as web browser, operating system, domain name of the internet providers and/or previously visited websites. This information is used solely for statistical purposes and no inferences can be made about the respective user. modernmusix uses cookies (text files) that are automatically stored on the user's hard-drive. The purpose of these is to enable the user on his next visit to access the information retrieved during his previous visit more quickly. This does not involve accessing any other files on the user's computer. If cookies are not wanted, the user can adjust his browser accordingly.

§ 8 text and images

All text and images are protected by copyright and may not be copied or re-used or used for commercial purposes. All rights to the website and its contents remain with modernmusix or the respective copyright holder. Any and all uses of text and/or images, in particular the propagation, reproduction, processing, translation, storage, modification of such text and/or images, requires the written permission of modernmusix.

§ 9 applicable law, court

In the event of any legal dispute relating to the website the user and modernmusix agree that the law of the Federal Republic of Germany will apply. Where permissible, disputes will be heard before the applicable court of Cologne. The place of performance is likewise Cologne.

§ 10 no liability for links and third party offers

Certain content, products and other offer available through modernmusix may contain links to third-party content. modernmusix may also provide links to third-party websites. modernmusix is not responsible for examining or evaluating the contents or the accuracy of contents or third-party websites. modernmusix does not warrant or accept any liability for contents or websites or for other third-party materials, products or offers.

§ 11 amendment of the gtc

modernmusix reserves the right to amend these GTC at any time and without stating the reasons for doing so. The user will be informed of any changes prior to the first log-in following any amendment of the GTC. Prior to log-in a new window will open in which the new GTC can be viewed. These must be accepted in order for the user to continue logging in as normal. In the event that the user does not agree with the amended terms and conditions, he must inform modernmusix of this fact.