Terms and conditions

musicfox's general terms and conditions

GTC

musicfox’s general terms and conditions
Important:
Please note: You agree to the German General Terms and Conditions which have been translated to English for your convenience only. The German General Terms and Conditions are binding.

The terms and conditions form the basis of the contract for the use of musicfox.com, a service provided by musicfox UG (limited liability).

Your contract partner is:
musicfox UG (limited liability)
Hauptstraße 95
63486 Bruchköbel


§ 1 Scope of application

1.1 The following terms and conditions apply to all offers, orders, deliveries and services of musicfox UG (limited liability), hereinafter referred to as MUSICFOX UG. Any agreements differing from these terms and conditions are only effective if they have been made in writing and have been expressly accepted by MUSICFOX UG. These terms and conditions shall be deemed accepted by the customer at the latest upon acceptance of the deliveries and services from MUSICFOX UG.

1.2 MUSICFOX UG reserves the right to change these terms and conditions at any time without specifying its reasons for doing so. These changes will come into effect as soon as they are posted on the website. Amendments will be communicated to the customer in writing or by e-mail. If the customer does not object to the changes within 6 weeks of their receipt in writing, they are deemed approved. If the customer rejects MUSICFOX’s request for modification, the contract will be continued without the proposed changes to the terms and conditions. The right of MUSICFOX UG to terminate the contract shall remain unaffected.


§ 2 Contractual object & conclusion of contract

2.1 MUSICFOX UG offers works of music on the website musicfox.com, for which the customer can purchase a use license. The file containing the piece of music is regarded as an accessory part of the license.

2.2 All offered works of music are free from claims or rights of domestic or foreign performing rights organizations (for example, GEMA, ASCAP, PRS, SECAM, SUISA).

2.3 The available music tracks can be previewed by the customer in a demo version and downloaded as a layout version. The layout version may only be used by the customer to test the suitability of the music track for the project.

2.4 The customer can order licenses via the MUSICFOX UG shop system. The customer’s order represents a binding offer to MUSICFOX UG. A contract for the use of the music track is concluded when MUSICFOX UG sends a confirmation email. The transfer to the customer of the contractually guaranteed rights of use is made only after full payment of the license fee.

2.5 After receipt of payment, MUSICFOX UG provides the ordered music title in several file formats (WAV, MP3), the invoice, the license agreement and the royalty exemption document to the customer’s account for download.


§ 3 Registration and terms of use

3.1 In order to use MUSICFOX UG’s online services, the customer is required to register on the website musicfox.com. Customer registration is free of charge. After successful registration, the customer will be given an account for an unlimited period and will be entitled from that point on to use the services made available by MUSICFOX UG.

3.2 The customer undertakes to provide all personal data during the registration process in an accurate and complete manner and to make corresponding adjustments to his/her account without delay in the event of any changes to this data.

3.3 The customer must ensure that his/her password is not made accessible to third parties. The customer is solely responsible for any actions taken in connection with the use of the customer's password. MUSICFOX UG expressly accepts no liability for improper use of passwords.

3.4 The customer undertakes to pay for all licenses ordered from his/her account. This also applies if the orders have been made by third parties within the customer account.

3.5 Cancellation of the customer account is possible at any time with immediate effect. Existing licensing agreements remain unaffected by termination.


§ 4 Licensing terms and rights of use to music titles

4.1 The music titles offered by MUSICFOX UG are protected by copyright. By acquiring a license, only usage rights are granted.

4.2. The right to use a music title is granted exclusively to the person who has been identified as a "licensee" during the ordering process and is not transferable to a third party. The customer is permitted to specify a licensee other than himself/herself during the ordering process. The transfer of the rights of use to further persons or persons other than the named licensee is excluded. The right to use is unlimited in terms of time.

4.3 The customer is entitled to convert the purchased files into any file format as required. Furthermore, the customer is given basic editing rights. These rights include, in particular, cutting as required, the generation of loops and the creation of fades of all kinds.

4.4 Any further processing of music titles is expressly prohibited.

4.5 The copyrights of the music title remain with the copyright holder, even after editing, thus excluding distribution by the editor in his/her own name.

4.6 The customer is expressly prohibited from granting sublicenses to third parties. In particular, selling via other online shops is not permitted. Also, the posting and distribution of the music files via exchange platforms such as Emule is forbidden. The use of the music titles may not take place in a context which is not compatible with the law and the constitution of the Federal Republic of Germany, the European Union, public policy or accepted principles of morality. In particular, the use of music is forbidden in projects which are connected with racism or the glorification of violence.

4.7 Each music title can be purchased in conjunction with any of the following license types. The usage right resulting from the purchase of the license is always linked to the project described in the order process.

Mini

15€ (net)

One of the following applications:
Private project
info

Kindergarten project
School project
University project
Background music in public rooms
info

Basic

35€ (net)

One of the following applications:
Music on hold
Website background music
Smartphone app
Podcast/Videocast
Show music
info

Power point presentation
Online tutorial video
Audio logo, Intro-/Outro music
Short film
info

Audio guide
Casual games / flash games

Standard

75€ (net)

One of the following applications:
Image film / product film
info

Documentary
Editorial online video
Radio spot (regional)
TV spot (regional)
Cinema commercial (regional)
Corporate TV
Editorial TV
IPTV broadcast
Browser games / online games
Mechanical reproduction up to 1,000 copies

Premium

145€ (net)

One of the following applications:
Online commercial
"Point of sales" spot
"Public viewing" spot
TV movie / TV series
Mechanical reproduction up to 4,000 copies

Star

195€ (net)

One of the following applications:
Cinema spot (national)
Radio spot (national)
In stream video ad
Mechanical reproduction up to 10,000 copies

All Together

345€ (netto)

All applications with the exception of TV spots.

Superstar

695€ (net)

TV commercial (national & international)

4.8 The use of a musical title in connection with an application not listed in section 4.7 requires the written consent of MUSICFOX UG.

4.9 MUSICFOX UG is entitled, in case of non-compliance with these license terms, to suspend the customer’s account until further notice and, if necessary, to file for prosecution under civil and criminal law.


§ 5 Licensing terms and right of use to sounds

5.1 After licensing a sound, the customer is entitled to use this non-exclusively and commercially, with no limitations in terms of time or location for the production of media end products, whereby an end product must consist of a combination of the sound with other elements. Examples: TV spots, mobile apps or podcasts. The customer is entitled to use the sound in any number of projects.

5.2 The customer has the right to edit the sound (e.g., looping, cutting, time stretching, or adding effects) and combine it with other elements.

5.3 The sound may be used within productions that the customer creates for himself/herself or for one of his/her customers. If the sound is used within a production for a customer, then the customer must be informed that he/she is allowed to use the sound exclusively within the end product.

5.4 The sounds as such may not be sold - even if they have been modified (for example, by adding an effect). Also, the resale of the sounds in sound bundles or templates is forbidden.

5.5 The sounds may only be used in legal projects.

5.6 In the case of a breach of the licensing terms, the license may be withdrawn.


§ 6 Contract period and right of revocation

6.1 Unless otherwise agreed, the licenses granted by MUSICFOX UG are unlimited in duration and are formulated in accordance with the licensing regulations listed in §4 (music titles) and §5 (sounds).

6.2 If the customer is a consumer, he/she has the right to revoke his/her declaration of intent to purchase a license within the period of one month. The revocation must be made by the customer and in written form to MUSICFOX UG.

6.3 Please note that in the case of online delivery of goods no right of revocation exists since the transmitted data are not suitable for return due to their nature (§ 312 d para 4 no. 1 BGB).

6.4 In the case of an effective revocation, the services and any benefits (e.g., interest) received by both parties must be returned. If the customer cannot return the received services in whole or only in part or in a deteriorated condition to MUSICFOX UG, the customer must reimburse MUSICFOX UG for the value accordingly. The obligation to reimburse payments must be fulfilled within 30 days. For the customer, the period begins upon dispatch of the notice of revocation, for MUSICFOX UG upon receipt of the same. The right of revocation expires prematurely if the contract has been executed in full by both parties upon explicit request before the customer has exercised his/her right of revocation.

6.5 If the delivered product is defective or does not correspond to the ordered goods, the right to assert claims under warranty is not affected by the right of revocation.


§ 7 Breaches of obligation and infringements on the part of the customer

7.1 Should the customer breach the license terms or his/her obligations, the customer account may be suspended by MUSICFOX UG.

7.2 MUSICFOX’s further rights to compensation remain unaffected by the preceding paragraph.

7.3 MUSICFOX UG is not liable for damage caused by a customer breach of rights or obligations which the customer could have prevented by observing his/her obligations.

7.4 Should a third party claim damages from MUSICFOX UG for an infringement of rights caused by the customer, the service provider shall inform the customer thereof. The customer indemnifies the service provider from all claims of the third party and any damage resulting thereof.


§ 8 Liability

8.1 MUSICFOX UG is liable for defects of its services in accordance with statutory provisions. MUSICFOX UG does not accept any liability for any financial losses on the part of the customer.

8.2 The customer is entitled to rectification by MUSICFOX UG if he/she receives a defective file. The customer is only entitled to withdraw from the contract if MUSICFOX cannot rectify the defect.

8.3 Liability for all other damages is excluded, whereby liability in accordance with the German Product Liability Act remains unaffected.


§ 9 Data protection

MUSICFOX UG handles all personal data collected about the customer in accordance with the applicable data protection regulations of the BDSG (German Federal Data Protection Act).

The use of the website is normally possible without providing personal data. If personal data (e.g., name, address or e-mail addresses) are collected on our website, this is always done on a voluntary basis as far as possible. These data will not be passed on to third parties without your express consent.

We would like to point out that internet-based data transfer (for example, communication by e-mail) can pose security risks. It is not possible to protect such data completely from access by third parties.

The use of contact data published within the framework of the obligatory impressum by third parties to send unsolicited advertising and information material is hereby explicitly prohibited. The website providers expressly reserve the right to take legal action if unsolicited advertising material is sent, such as in the form of spam mails.


Data protection statement on the use of Google Analytics

This website uses Google Analytics, a web analysis service provided by Google, Inc. ("Google"). Google Analytics uses so-called "cookies", text files which are stored on your computer and which enable an analysis of your use of the website. The information generated by the cookie about your use of this website is generally transferred to a Google server in the USA and stored there. However, if IP anonymization is activated on this website, your IP address will be truncated by Google within the Member States of the European Union or in other contracting states of the Agreement on the European Economic Area.

Only in exceptional cases will the full IP address be transferred to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity, and to provide the website operator with other services related to website and internet usage. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

You can prevent cookies from being saved by adjusting your browser software settings accordingly; please note, however, that in this case you may not be able to fully utilize all the functions of this website. In addition, you can prevent Google from collecting and processing the data generated by the cookie and related to your use of the website (including your IP address) by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

Information, deletion, blocking

You have the right, at any time and free of charge, to request information about your stored personal data, its origin and recipients, the purpose of its collection as well as the right to correct, block or delete this data. To this end, and for any further questions regarding the subject of personal data, you can contact us at any time via the website operator’s address specified in the impressum.



§ 10 Terms of payment and processing

10.1 All prices quoted on musicfox.com are net excluding value added tax. Customers outside the European Union and customers from EU member states (except Germany) must pay the VAT themselves. If a valid VAT identification number is provided with the order, only the net price is payable to musicfox.

10.2 After ordering, the customer must pay the invoice within 14 business days after the invoice has been issued. Payment is made via the payment method specified by the customer during the ordering process. If the customer has chosen "direct debit" as the method of payment, the amount due is debited from the customer’s account by Musicfox. If the above-mentioned payment is not made within 30 days of issue of the invoice, default commences in accordance with § 286 III BGB (German Civil Code).


§ 11 Other provisions

11.1 This contract is governed by the laws of the Federal Republic of Germany with the exclusion of colliding standards of international private law and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

11.2 Place of performance and jurisdiction for all matters relating to these terms and conditions is Frankfurt am Main. The same applies if the customer does not have a general court of jurisdiction within Germany or transfers his/her domicile or habitual residence abroad after conclusion of the contract or his/her domicile or habitual residence is unknown at the time when the suit is filed.

11.3 A set-off or the assertion of a right of retention by the customer is only permitted in connection with counterclaims that have been recognized or established as final and absolute.


§12 Severability clause

A change or the possible invalidity of one provision does not affect the validity of the remaining provisions. In the event of invalidity of a provision, the buyer is obliged to reach an agreement with us about an effective regulation which most closely reflects, in a manner permitted by law, the economic purpose of the invalid provision.

musicfox UG (limited liability)
Hauptstraße 95
63486 Bruchköbel
Represented by the managing directors: Frau Ines Weimer, Herr Erik Ohl

District Court Hanau, Commercial Register 93304