General – Terms & Conditions | OHRFILM 04.06.2016
Welcome to www.ohrfilm.com (the „Site“).
BY USING THE SITE YOU AGREE TO BE BOUND BY THESE GENERAL – TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Copyrights & Trademarks
The Site is owned and operated by OHRFILM - Matthias Tode under a license agreement to be hosted by Hosteurope GmbH. All Content of the Site, including the Site itself and the elements of which it is composed, is owned, controlled or licensed by OHRFILM („OHRFILM“, „we, „us“), and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
The availability of mp3 music files for download within the membership only area is subject to these music files being used for the purposes of auditioning said music for use in bona fide commercial audio visual by professionals working within those industries.
No other licence or use of said music files is given or implied by their availability on this Website. All use of this music in your project is subject to a synchronisation licensing agreement. Please contact email@example.com in order to obtain such a licence.
Certain features or services („Service“) offered on or through the Site may require you to register and provide certain data. In consideration of use of such features or Services, in registering and providing such data, you represent and warrant that:
(a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by the various Site registration forms (“Registration Data”) and
(b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You agree that it is your responsibility to ensure that your email address is current, otherwise certain Services and functions of the Site will not be available to you.
You agree that it is your responsibility to maintain the confidentiality and security of your Registration Data, especially your User Name and Password. You will not allow others to use your User Name or Password and you will notify OHRFILM immediately of any unauthorised use of your User Name or Password. OHRFILM shall not be responsible for any losses arising out of the unauthorised use of your User Name and/or Password and you agree to indemnify and hold harmless OHRFILM for any improper, unauthorised or illegal uses of the same.
Your use of the site
In order to use the Site, you must have access to the World Wide Web
(„www“) and must navigate the Internet to http://www.ohrfilm.com.
You must be at least 18 years of age to agree to and enter into these General – Terms and Conditions on your own behalf and to register for use of any portion of this Site.
You agree that you will not use the Site to collect or store personally identifying information about other users for commercial or unlawful purposes.
You agree that you will not take any action to increase the number of plays of music on the Site, or use automated means, including additional computers, software and scripts that impose an unreasonable or disproportionately large load on the infrastructure of the Site or any systems or networks connected to the Site.
You agree not to use any device, software or routine to interfere or attempt to interfere with any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not use the Site or any content for any purpose that is unlawful or prohibited by these General – Terms and Conditions and any legal agreement posted on the Site, or to solicit the performance of any activity which infringes the rights of OHRFILM.
You confirm and warrant that you will only use the Services and the Site for the purposes referred to in these General – Terms and Conditions or in any other legal agreement posted on the Site.
By becoming a member and gaining access to the music available to stream and download from the site you are agreeing to use the music for auditioning purposes only.
Please do not abuse the download membership service. We are able to provide you with so much music for free because of our agreement with our clients, the music owners.
Members are responsible for the activity associated with their account and their account may be terminated at any time if we deem that there is unauthorised activity taking place.
OHRFILM DO NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS AVAILABLE”
BASIS. OHRFILM CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
OHRFILM DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
OHRFILM DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICES. YOU ASSUME
TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.
YOUR SOLE REMEDY AGAINST UNITED MEDIA FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE AGREEMENT BETWEEN THE PARTIES.
The above disclaimers apply to any damages, liability or injuries caused by any failure of performance, error, omission,interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
OHRFILM reserves the right to do any of the following, at any time, without notice: to modify or change the Site, or any portion of the Site, and any applicable terms and conditions or legal agreement posted on the Site; (b) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site or any Service, for any reason; and (c) to interrupt the operation of the Site, any portion of the Site or any Service as necessary to perform routine or non-routine maintenance, error correction, or other.
Limitation of liability
Except where prohibited by law, in no event will OHRFILM be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if OHRFILM has been advised of the possibility of such damages.
You acknowledge that we may change the terms of this Agreement, and any other legal agreement posted on the Site, by posting new agreement(s) on the Site. You acknowledge that it is your responsibility to check the Site regularly to ascertain if changes have been made and we will use our reasonable endeavours to advise you of any changes. However, your continued use of the Site after such a change will constitute your acceptance of the change.
Consequense of a breach of your warranties or agreements
OHRFILM may terminate your access to the Site or any Service should you
fail to comply with these General – Terms and Conditions or any other legal agreement published by OHRFILM on the Site. Any such termination shall be at OHRFILM’S sole discretion and may occur without prior notice, or any notice.
OHRFILM reserves the right at all times to disclose any information that they deem necessary to comply with any applicable law, regulation, legal process or governmental request. OHRFILM may also disclose your information when applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
OHRFILM may preserve content and may also disclose content if required
to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the General – Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of OHRFILM, the Site users and the public.
You agree to indemnify and hold harmless OHRFILM from and against any
and all claims, losses, demands, causes of action and judgments (including solicitors’ or attorneys‘ fees and court costs) arising from or concerning any breach by you of these General – Terms and Conditions
for your use of the Site and you agree to reimburse OHRFILM on demand
for any losses, costs or expenses OHRFILM incur as a result thereof.
Any and all notices to be given to OHRFILM shall be deemed to have been
duly given if personally delivered addressed to OHRFILM e.K.,
Beerenweg 6-8, D-22761 Hamburg, Germany or any other place to
which OHRFILM may have transferred its principal office.
Any and all notices to be given to any User shall be deemed to have been duly given if sent by email to such User at the email address of such User as it appears on his account.
Legal notices and law
If any part of these General – Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
These Terms and Conditions shall be governed by and construed in accordance with the law of the Federal Republic of Germany and you hereby submit to the exclusive jurisdiction of the German courts.
General – Terms and Conditions
Last update JUNE 2016
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