Terms & Conditions (Music Downloads)
General Terms and Conditions for Music Downloads from the Passion Factory Online-Shop
This is an agreement between you and
Passion Factory Online-Shop
Dohrow & Schreinzer GbR
Executives: Sven Dohrow und Ronny Schreinzer
Mommsenstrasse 33
10629 Berlin
Germany
Before using the Store, please read these Terms of Use, all rules and policies related to the Store (including any product-specific rules or usage provisions specified on any product detail page or in any link from a product detail page), our Privacy Notice and our Terms & Conditions. If you use the Store, you will be bound by the Agreement.
1. Music Downloads from the Passion Factory Online-Shop
The store offers downloads of digitised versions of audio recordings, artwork and information relating to such audio recordings, and other content (collectively, "Music Content").
2. Music Content
2.1 Rights Granted
Upon payment for Music Content, we grant you a non-exclusive, non-transferable right to use the Music Content only for your personal, non-commercial, entertainment use, subject to the Agreement.
2.2 Restrictions
You must comply with all applicable copyright and other laws in your use of the Music Content. Except as set forth in Section 2.1 above, you may not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or otherwise transfer or use the Music Content. We do not grant you any synchronisation, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Music Content. Our Music Content is available to all registered shop customers worldwide.
2.3 Storage
Music Downloads from this shop can be copied and stored for private use on playback and data storage devices such as MP3-Players and USB Sticks.
2.4 Cancellation, Explicit Content
You cannot cancel your purchase of Music Content once delivery has started. By placing an order to purchase Music Content on the Store, you acknowledge and agree to this. Your other statutory rights are not affected. We have no liability for Music Content you find to be offensive, indecent or objectionable.
2.5 Unique Identifiers
We reserve the right to insert identifiers in the metadata that accompanies Music Content from our company that uniquely identify it as Music Content you have purchased from us ("Unique Identifiers"). These Unique Identifiers may contain information that can be used to identify you as the owner of the Music Content. For example, these Unique Identifiers may include a random number we assign to your order or copy, purchase date and time, an indicator that the music was downloaded from this Store, codes that identify the album and song (the UPC and ISRC), our digital signature, an identifier that can be used to determine whether the audio has been modified, and an indicator whether the music was purchased from this Store. You consent to the inclusion of these Unique Identifiers in the metadata of files you download containing purchased Music Content that may identify you as the owner of the purchased Music Content, and to the storage of those files on any device you use to download purchased Music Content, in order to allow us to meet requirements of the rights owners. These Unique Identifiers do not affect the playback experience in any way. Unless explicitly permitted under applicable mandatory law, you may not, and you will not encourage, assist or authorise any other person to, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Unique Identifiers, whether in whole or in parts.
3. General
3.1 Reservation of Rights, Waiver
The Store, Software and Music Content embodies intellectual property that is protected by law. All licenses granted to you are non-exclusive. Music Content copyright owners are intended third-party beneficiaries under the Agreement and may enforce the Agreement against you and invoke all rights under the Agreement including limitations of liability. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
3.2 Termination, Amendments
Your rights under the Agreement will automatically terminate without refund of any fees or any other compensation if you fail to comply with its terms. We may amend the Agreement at our sole discretion by posting the revised terms on the Store. Your continued use of the Store after any amendment evidences your agreement to be bound by it.
3.3 Contact Information
For communications concerning the Agreement, please write to:
Dohrow & Schreinzer GbR
Mommsenstrasse 33
10629 Berlin
Germany
Tel: +49 (0) 30/921 22 77 2
E-Mail: shop@passion-factory.com
4. Legal
4.1 Place of Jurisdiction
Place of fulfillment for all services is the place of business of Passion Factory in Berlin/Germany.
4.2 Place of Fulfillment
As far as the customer is a merchant according to the Commercial Code of Germany (HGB), a legal entity under public law or special fund under public law, then Berlin/Germany is the place of general jurisdiction. In such case, Passion Factory is also entitled to sue the customer according to the opinion of Passion Factory at their resident court. The same applies if the customer does not have their place of general jurisdiction in Germany, relocates their place of residence or habitual residence abroad after conclusion of the agreement, or their place of residence or habitual residence is unknown at the time of filing of an action.
4.3 Choice of Law
According to these general terms and conditions the agreement is exclusively subject to the law of the Federal Republic of Germany. Recourse to the UN Convention on Contracts for the International Sale of Goods is excluded. As far as the client is a consumer according to § 13 of the German Civil Code and is generally not resident in Germany, the mandatory regulations of this country remain unaffected.
4.4 Severability Clause
If individual provisions of these general terms and conditions are ineffective or oppose the statutory regulations, the rest of the agreement remains unaffected.
Versionnumber of this document: 05/28/2022