General Terms and Conditions

Last change: 23.02.2017

§ 1 Contractual Partner and General Information

1. The following General Terms and Conditions – hereinafter called GTC – shall govern the contractual relationship between

IMAscore audio experience
Owner: Kübler, Kübler, Krause, Schlipper, Willebrand u. Wunsch GbR
Kamp 30-32
33098 Paderborn
Germany

- hereinafter called „IMAtunes -

and customers, which purchase licenses for offered musical works and audio-logos stipulated the license terms noted in § 9 of the GTC on www.IMAtunes.de and www.IMAtunes.com – hereinafter called „IMAtunes websites“. Furthermore, these GTC contain customer information according to the BGB (German Civil Code) info regulation. The contractual language shall be German.

2. By confirming the registration on the IMAtunes websites, the customer accepts the validity of these GTC. Deviating terms and conditions shall be excluded if not agreed upon in written form between the customer and IMAtunes.

3. The following General Terms and Conditions shall apply to each and any service of IMAtunes, which the customer uses, in the version valid at the time the contract was concluded.

4. IMAtunes reserves the right to change these GTC at any time without giving any reasons. Each and any suggested changes shall be disclosed early to the customer of IMAtunes by email. The changes shall be considered to be approved if no customer enters an objection in written form. IMAtunes commits to make specific reference in the notification of the suggested changes to the customers.

For a valid objection, the customer has to object within 6 week after receiving the notification. If the customer exercises his right of objection, the change request of IMAtunes shall be deemed to be rejected and the existing version of the GTC shall remain valid unchanged. IMAtunes' right to cancel the contract shall remain unaffected by this.

§ 2 Quotation and Conclusion of Contract as well as delivery

1. IMAtunes enables the customer to order licenses for musical works and audio-logos on the IMAtunes websites. In advance, IMAtunes provides the opportunity of sample-listening the musical works and audio-logos on the IMAtunes websites.

2. Ordering the license of a musical work or audio-logo by a customer shall constitute an offer to IMAtunes for the moment. It will be accepted by the email confirmation, which IMAtunes sends to the customer. This confirmation shall materialize a contract about the usage of the concerned musical work or audio-logo.

Furthermore, IMAtunes shall send a license agreement about the purchased license to the customer and delivers this agreement together with the invoice to the customer as pdf-files by email. The license agreement as well as the invoice will be saved by IMAtunes and shall be sent again to the customer by email on request.

3. Musical works and audio-logos shall be offered in digital form for download. The download shall be available to the customer in the customer account after the order has been confirmed. The download shall be provided to the customer as zip-file format, which will be saved on the customer's computer in the course of the download.

4. The customer shall have the option of receiving the download titles on a data CD against payment of a flat administration fee. For this the according check box has to be selected during the order process.

5. If the customer deletes his customer account on the IMAtunes websites, he will not be able anymore to download the musical works and audio-logos. Therefore, IMAtunes suggests to all customers to make back-up copies of the musical works and audio-logos.

6. Should it be impossible for the customer to download the desired musical work or audio-logo because of technical reasons, IMAtunes shall be notified by email immediately. Then, IMAtunes will strive for providing the musical work or audio-logo to the customer in another way within an appropriate time period of time.

§ 3 Warranty and Liability

1. IMAtunes shall not accept any liability for the applicability regarding the intended way of use of the offered musical works or audio-logos.

2. The customer shall check the downloaded musical work or audio-logo and also – if applicable – the received CD for errors and defects immediately upon receipt insofar this is possible in the ordinary course of business and to notify IMAtunes promptly in case errors or defects have been found. Subsequently, IMAtunes shall strive for an immediate correction of the error.

3. Warranty claims of the customer are firstly limited to subsequent improvement or replacement delivery by IMAtunes. If subsequent improvement or replacement delivery fail, the customer shall have the right to choose between reducing the payment or cancellation of the contract.

4. If nothing to the contrary emerges, further claims of the customer – no matter on what legal grounds – are excluded. Especially, IMAtunes shall not accept liability in regard to loss of profit or other financial loss of the customer. Insofar the contractual liability of IMAtunes is excluded or limited, this shall apply to the personal liability of employees, representatives and/or subcontractors.

The foregoing limitations of liability shall not apply to damages based on intent or gross negligence or violation of essential contractual obligations or if personal injury is involved. Furthermore, it shall not apply to customer claims arising under the product liability law.

Should IMAtunes negligently violate a significant contractual obligation, the duty of compensation in regard to property damages shall be limited to typically occurring loss.

§ 4 Right to Offsetting and Retention

The customer shall have the right to offsetting only if the counterclaims on his part were stated legally binding or are undisputed. The customer shall be entitled to exercise the right to retention if his counterclaim bases on the same contractual relationship.

§ 5 Violations of Third Party Rights and Customer Obligations

1. Already in case of reasonable doubt in regard to substantial noncompliance with the obligations imposed on the customer or license terms according to § 10 of the GTC, IMAtunes shall be entitled to freeze the respective customer account with immediate effect and withhold services until the final clarification of the issue. IMAtunes shall inform the customer promptly about the reason for freezing the account.

2. IMAtunes shall not accept any liability for damages resulting from a breach of duties or infringement for which the customer bears responsibility. In case of a breach of third party rights, the customer shall be liable to this third party personally and directly. Furthermore, the customer commits to indemnify IMAtunes against all claims and third party rights resulting from breaches of duty or infringement for which the customer bears responsibility.

§ 6 Contract Duration and Revocation Right

1. The duration of the contract shall be for an unlimited period of time.

2. Customers of IMAtunes shall be entitled to revoke their contractual declaration without stating any reasons in written form (e. g. letter or fax) or by returning the data CD within 14 days. The revocation period shall start after the release of the download or the receipt of the data CD, however, not before receiving this cautioning in written form and also not before IMAtunes fulfilled its information duties according to § 312c par. 2 BGB i. V. m. § 1 par. 1, 2 and 4 BGB-InfoV and also its information duties according to § 312e Abs. 1 par. 1 BGB i. V. m. § 3 BGB-InfoV. To comply with the revocation period it shall suffice to send the revocation note or the data DC in time. The revocation note shall be sent to:

IMAscore audio experience
Kamp 30-32
33098 Paderborn
Germany

or by fax to:

Fax: +49 (0) 5251 2 97 98 89

3. The customer's revocation right shall be terminated when the customer started or completed the download of the musical work or audio-logo before the revocation period ends.

4. In case of an effective revocation, the services received on both sides shall be refunded and if applicable the uses made thereof (e. g. interests) shall be disbursed. If a received service cannot be returned in whole or in part or only in a deteriorated condition by the customer, the customer shall possibly compensate IMAtunes insofar.

5. If the musical work or audio-logo provided by IMAtunes is defective or does not correspond to the ordered musical work or audio-logo, the right to claim warranty shall not be affected by the revocation right at any time.

6. IMAtunes profoundly points the revocation right out to the customers and instructs them about the consequences of revocation even before placing the order on the IMAtunes websites.

Sample Revocation Form

§ 7 Data Protection

1. Data Collecting and Processing

Each access to the IMAtunes websites and each retrieval of a file stored on the IMAtunes websites will be recorded. The storage is meant for internal system related and statistical purposes. Stored will be: name of the retrieved file, date and time of the retrieval, transferred data volume, message about successful retrieval, web browser and inquiring domain. Additionally, the IP addresses of the inquiring computer will be recorded. Further personal data will be recorded only in case the customer provides these information voluntarily, like within an inquiry or registration.

2. Usage and Disclosure of Personal Data

If the customer provides personal data to IMAtunes, IMAtunes shall use these only to answer inquiries, to process concluded contracts and for the technical administration.
Personal data shall not be disclosed to third parties or relayed in any other way.
The stored personal data shall be deleted as soon as the customers revokes his approval to storage, the knowledge is no longer necessary to fulfill the purpose pursued by the storage or in case the storage is forbidden for other legal reasons.

3. Use of Cookies

IMAtunes uses cookies – small files with configuration information. These help detecting user individual settings and realizing special user functions. IMAtunes does not record any personal data through cookies. All functions of the website are usable without any cookies, however, some user defined features and settings are not available then.

4. Google Analytics

The IMAtunes websites use Google Analytics, a web analysis service of the Google Inc. - hereinafter called „Google“. Google Analytics uses so called „cookies“, text files saved on your computer enabling an analysis of your use of the website.
The information generated by the cookie about your use of this website (including your IP address) will be communicated to a server of Google in the USA and stored there. Google will use this information to evaluate your use of the website, to compile reports about website activities for the website operator and to render further services related to the use of website and internet.
Likewise, Google will possibly disclose this information to third parties, insofar this is required by law and insofar third parties process this data on behalf of Google. On no account, Google will link your IP address to other Google data. You can avoid the installation of cookies through a respective setting in your browser software; however, we point out to you that in this case you might be unable to use all functions of this website completely.
By using this website, you declare your consent to the processing of the data collected about you by Google in the above described manner and for the aforementioned purpose.

5. Hotjar

This website uses Hotjar web analytics service. Hotjar may record mouse clicks, mouse movements and scrolling activity. Hotjar collects information regarding pages visited, actions which are taken, country, device used, operating system, and browser used. Hotjar does not collect personally identifiable information (PII) that you do not voluntarily enter in this website. Hotjar does not track your browsing habits across web sites which do not use Hotjar services. More informationen about Hotjar is available here.

6. Right to Information

Customers of IMAtunes shall have the right to information about the data stored related to their person, their origin and recipient as well as the purpose of the data collection and processing at any time. Information about the stored data shall be given to the customer through an informal request by email to info@IMAtunes.com or in writing.

7. Security Advice

IMAtunes strives for storing personal data by using all technical and organizational opportunities in a way that makes them not accessible to third parties. Because, we cannot ensure complete data protection for communication by email, IMAtunes suggests to its customers the postal way for confidential data.

§ 8 Payment Conditions, Payment Methods, and Default

1. The prices noted on the IMAtunes websites are valid, they include the legal VAT applicable at the time of the order.

2. The customer can choose between prepayment, immediate transfer, direct debit, credit card, and Paypal as payment methods. The payment methods direct debit, credit card, and Paypal are provided by the PayPal (Europe) S.à r.l. & Cie, S.C.A. and the payment method direct debit by the SOFORT GmbH. Further, IMAtunes has no influence on the payment procedure of third party providers. Furthermore, it is possible that further personal data will be collected according to the data protection provisions of PayPal (Europe) S.à r.l. & Cie, S.C.A. or the SOFORT GmbH.

3. The customer shall be obligated to pay also the charges, which are generated by each and any joint user of the customer account. This shall apply also to abusive use unless the customer is able to prove to IMAtunes that no violation of duties by him can be established.

4. The payment of the prices charged by IMAtunes shall be made within 14 working day after receiving the invoice. If the customer gets into default, IMAtunes shall to be notified about this immediately. The right to charge default interest to the statutory amount shall remain unaffected by this, just like the assertion of time-delay claims extending beyond.

§ 9 Usage Rights and License Terms

1. All musical works and audio-logos, which are offered by IMAtunes on the IMAtunes websites, are liable to the copyright of its respective composer and sound designer according to the copyright law of the Federal Republic of Germany. IMAtunes is entitled to granting license. Customers of IMAtunes purchase a license of these according to the following separately noted licenses and license conditions for musical works and audio-logos.

2.1. Licenses for Musical Works

Upon full payment of the respectively valid license fees, the customers of IMAtunes purchase a non-exclusive right to use the musical work within a project the customer has to specify under reserve of the license terms under § 9.3.

IMAtunes offers usage rights for musical works within the following licenses:

Private License – 29,00 EUR

Commercial License – 59,00 EUR

The commercial license contains the following combinable additional options with the cost additionally involved:

Inserted Advertising Regional
  • Radio + 70,00 EUR
  • Cinema + 70,00 EUR
  • Internet + 70,00 EUR
  • TV + 130,00 EUR
Inserted Advertising National
  • Radio + 130,00 EUR
  • Cinema + 130,00 EUR
  • Internet + 700,00 EUR
  • TV + 700,00 EUR
Inserted Advertising International
  • Radio + 400,00 EUR
  • Cinema + 400,00 EUR
  • Internet + 2.100,00 EUR
  • TV + 2.100,00 EUR

2.2. Licenses for audio logos

Upon full payment of the respectively valid license fees, the customers of IMAtunes purchase a non-exclusive or an exclusive right to use the audio logo within a project the customer has to specify under reserve of the license terms under § 9.3.

IMAtunes offers usage rights for audio logos within the following licenses:

Private License – 19,00 EUR

Commercial License – 49,00 EUR

The commercial license contains the following combinable additional options with the cost additionally involved:

Exclusive rights of use + 150,00 EUR

Exklusiv lizenzierte Audiologos werden ab dem Zeitpunkt der Lizenzierung weder von IMAtunes noch von möglichen Vertragspartner weiterhin angeboten. Das Nutzungsrecht steht somit fortan ausschließlich dem Lizenznehmer zu.

3. License Terms

All licenses underlie the following license terms.

3.1 IMAtunes confirms and guarantees that there are no rights hold by domestic or foreign collecting societies (e. g. GEMA) on the musical work or audio-logo at the time the contract is concluded and also in future.

3.2 IMAtunes grants the customer depending on the purchased license the worldwide, national, regional, and/or local right of usage on the musical works or audio-logo exclusively for the purpose of realizing the project and for an unlimited period of time within the use for the stated project.

3.3 IMAtunes grants the licensee all broadcasting, performance, reproduction and publication rights on the music depending on the purchased license. The mechanical reproduction (CD, DVD, BlueRay, USB) as well as virtual reproduction are unlimited.

3.4 Furthermore, IMAtunes grants the customer depending on the purchased license the right to

  • generate a safety copy for data backup,
  • convert, compress, and uncompress the audio file to other file formats,
  • generate an unlimited number of language versions,
  • cut and also partial usage

3.5 IMAtunes does explicitly not grant the customer the right to

  • changes to the general musical character,
  • generate remixes or cover versions,
  • sub-licensing to third parties both in existing and in modified form,
  • reselling within music archives or music data bases,
  • using the music in website templates,
  • stand-alone resale,
  • usage other than explicitly allowed by this license contract.

4. In case of non-compliance with these license terms, IMAtunes reserves the right to initiate civil and criminal actions as well as to freeze or delete the user account, respectively, with immediate effect.

§ 10 Other Provisions

1. These General Terms and Conditions and the entire legal relationships of the parties are subject to the law of the Federal Republic of Germany with exclusion of the UN purchasing law (CISG).

2. 2. Place of jurisdiction for all disputes because of or in relation to these GTC or the license terms of IMAtunes shall be – to the extent legally permissible – Paderborn. This shall apply also if the customer has no general domestic place of jurisdiction or transfers his place of residence or usual abode to a foreign country after the this contract was concluded or his place of residence or usual abode is unknown at the time of filing legal actions.

3. 3. Should individual provisions of these GTC be or become ineffective or require supplementing, this shall not affect the other provisions. The parties shall be under the obligation to agree on replacing or supplementing the ineffective provision by such a legally permitted provision that comes as nearly as possible to the commercial purpose of the ineffective provision.

IMAscore audio experience
Owner: Krause, Kübler, Kübler, Schlipper, Willebrand u. Wunsch (GbR)
Kamp 30-32
33098 Paderborn
Germany
Tel.: +49 (0) 5251 2 97 98 92
Fax: +49 (0) 5251 2 97 98 89
eMail: info@IMAtunes.com
www.IMAtunes.com

Geschäftsführung:
Andreas Kübler, Xaver Willebrand

Steuernr.: 339/5740/1080
VAT-ID Nr.: DE265750969

This website uses cookies to improve user experience. By using our website you consent to all cookies in accordance with our Cookie Policy. Read more