The following terms and conditions apply exclusively. We do not recognize differing or conflicting conditions set out by the customer, unless we have expressly agreed to their validity in writing. Our terms and conditions also apply if we provide the services unconditionally and in the knowledge of differing conflicting conditions set out by the customer.
A. Use of the website www.ringmusik.com
1. The description and accessibility of our works and sound recordings on the Internet does not constitute an offer to conclude a contract within the meaning of § 145 BGB, but serves only to inform the customer. Contractual obligations, for example in the sense of a delivery guarantee, do not arise for us as a result.
2. Listening to the sound recordings by means of streaming is free and unlimited.
3. Downloads of audio files and the use of advanced features such as the clipboard, playlists etc. require our consent and are only permitted after setting up an account. However, a claim on an account and the associated authorizations does not exist for the customer. We reserve the right to refuse the establishment of an account or to request provision of further information by the user. Furthermore, we are free to restrict, modify or revoke permissions to download and use the advanced features after setting up an account.
4. Access to the account is personal. The account holder does not have the right to disclose the login information to third parties or otherwise grant access to his account.
5. In case of subsequent changes to the mandatory information provided by the customer when setting up the account, the account holder must advise us without being asked. This applies in particular to the company name and the country in which the customer has his location.
B. Use of the sound recordings and musical works
1. The works and audio recordings are without exception copyrighted content. All rights of exploitation are with us or have been assigned to the responsible collecting societies. In Germany, these are GEMA and GVL.
2. Any usage of the works and recordings is subject to acquiring a corresponding license.
3. The relevant rights assigned to the collecting society GEMA or other societies, in particular the rights of broadcasting, public performance, reproduction and distribution, recordings in databases, documentation systems or similar storage, electronic transmission and making available to the public must be obtained directly from the responsible collecting societies.
4. Any other rights of use must be acquired from us prior to the start of use. This applies in particular to the use of our works and sound recordings
a) in cinematographic works (also known as “film production right" or "sync right")
b) for purposes of advertising.
5. As sole exception from 4 a), own and commissioned productions of broadcasters who have entered into a general agreement with GEMA shall not be required to separately acquire the sync right for the purposes defined in the general agreement. However, if third parties are involved in the production, or if the television productions are to be used by third parties, license must be obtained from us. In particular, this applies to co-productions.
6. A license application must be sent to us in good time before the intended start of use. A current price list can be requested from us. Types of usage that are not listed on the price list require an individual agreement.
7. Upon grant of license, the licensee acquires the non-exclusive right to use the works and recordings specified in the license application for the purpose specified therein. Further use is not permitted. In particular, the licensee is not permitted to make the recordings available to third parties for use, neither for money nor free of charge. The granting of rights becomes effective upon receipt of full payment in our account. Our claim is based on the granting of rights, regardless whether the licensee makes use of them or not.
8. We assume no warranty for the suitability of the works and recordings selected by the licensee.
9. In case of unauthorized use of our works and recordings, ex-post approval is subject to the payment of the doubled license fee. We reserve the right to assert further claims for damages.
11. German law applies. Place of fulfillment and jurisdiction is Frankfurt am Main.
12. If any of these provisions, regardless of the legal reason, be ineffective or contain a gap, the remaining provisions remain unaffected.