1. Area of application
The general trading conditions are valid in the current version for the request, download and acquisition of music titles of Monkproduktionz GbR by private customers. The customer accepts the validity of these terms and conditions and the regulations in each individual case.
2. Offer and characteristics of music titles
The music titles offered for downloading are marked by Monkproduktionz GbR on the Internet site by an appropriate reference.
If nothing else results from the Internet site, the music titles are available in the file format 320Kbps MP3. After downloading, the storing of the music titles on a non removable disk as well as burning on a CD-R and the export on a portable playing equipment is possible for personal, private, non-commercial use only. The music titles offered are not copy-protected and contain NO Digtal Rights Managment (DRM).
3. Acquisition of music titles
The customer puts the offered music titles which he would like to purchase into the shopping basket of the online shop.
Monkproduktionz GbR uses the service of the payment system Paypal in order to offer the customer a safe and simple payment procedure. Regarding the payment procedure, the conditions which the payment system offerer agrees upon directly with the customer are valid.
After the successful completion of the payment procedure the customer is led back to the monkproduktionz GbR online shop. Simultaneously to that, the customer instantly receives a confirmation mail over the purchase of the titles including the download links to the purchased music files. This email also serves as a receipt for any Communication with Monkproduktionz GbR regarding purchase issues.
4. Rights of use on music titles
Rights of use are transfered exclusively for the private use within the borders of German copyright. Other useage is forbidden.
Condition of all rights of use is the successful and complete conclusion of the payment procedure as mentioned in chapter 3.
NOTE: The offered music titles are in copyright matters protected by national and international laws and agreements. An injury of these laws can be prosecuted. Downloading of music titles is exclusively permissible for private, non-commercial purposes. Editing, duplication (except for private and non-commercial use), public performance, public transmission, sharing over email, ftp sites or Internet online exchange services and comparable services is explicitly forbidden. These prohibitions are valid without reservation, even if the customer does not act commercially. Additional rights are not transferred to the customer, in particular no author or other commercial patent rights, trademark laws and rights of the use of names.
5. Limitation of liability
The liability of the Gerd Lachner & Ch. Hübenthal, Monkproduktionz GbR is limited on the purchased price of the requested music titles unless intentional or roughly negligent behavior is at hand. Charges due to the injury of life, the body and the health are excepted from this liability.
Monkproduktionz GbR is not responsible for damage, in particular data loss or hardware failures, which are caused by incompatibility of the components with the music files and/or the use of necessary software and/or application errors on the computer system of the customer, as as well as for system disturbances, which can result from existing false configurations or older, disturbing, not completely removed drivers. The liability according to the regulations of the product liability law remains untouched.
6. Customer Data
The customer is referred to and agrees with the fact that all for the purchase process necessary transferred customer data is stored only for billing and financial law regulation purposes at Monkproduktionz GbR. The use or passing on of customer informations for other purposes is strictly forbidden. Monkproduktionz GbR and Paypal are obligated to the attention of the data protection-legal regulations.
Monkproduktionz GbR will explicitly not pass any customer data onto third parties and will explicitly not use any transferred customer information for advertising purposes!
7. Other conditions
German right is valid for the contractual relationship of the parties. Area of jurisdiction for all disputes is the regional court Würzburg/Germany.