General Terms and Conditions
1. Scope of Application
- These General Terms and Conditions apply to use of the www.klangraum-library.com portal (hereinafter referred to as “Platform“ ) as well as the music tracks and music track excerpts which can be found on the platform (hereinafter referred to as “Music Tracks“), including the acquisition of utilisation rights to the Music Tracks for the purpose of use in film productions, multimedia applications, websites or the like. The Platform is operated by Bernhard Hering and Matthias Krüger Klangraum Verlag GbR, Grabenstr. 55, 55125 Mainz, Germany (hereinafter referred to as “We“ or “Us”). We grant utilisation rights (licenses) for use of the Music Tracks as so-called ‘archive music-’ by TV programmes, film production companies, cutters, authors, producers, music supervisors and film composers.
- User or customer terms and conditions deviating from or supplementing these General Terms and Conditions shall not form part of the contract.
- The Music Tracks are provided on the platform so that platform users can listen to them before purchasing a license. Music Tracks may be downloaded for this purpose, and also demonstrated to film producers and the like. Other uses are not permitted until a license has been purchased, unless it is not possible to grant a license for a Music Track in accordance with 2 (4) due to a framework agreement with GEMA.
- Licenses for various uses of the Music Tracks, e.g. for film productions or websites, can be purchased from us. To purchase a license contact us at . Licenses are non-exclusive unless expressly stated otherwise in the specific licensing terms. Rights to the name of the composer/artist or to the title of the Music Track are not granted under the license.
- The rights which are managed by the collecting societies (GEMA, GVL etc.) are not granted under our licenses and must be procured for the specific use from the collecting societies.
- If the Music Track can be licensed for the specific use under a framework agreement with GEMA (e.g. for own or contract productions for TV and radio broadcasting companies which have concluded a framework agreement with GEMA), it is not necessary to purchase a license from us provided that the restrictions on content and territory, and other restrictions imposed by the framework agreement with GEMA are complied with.
- The user is required to notify GEMA or the relevant other collecting society promptly about the use of the Music Tracks.
3. Exclusions and Limitations of Liability
Our liability for damages shall be subject to the following:
- In case of intention or gross negligence, also on part of any persons assisting us in the performance of our obligations, we shall be liable in accordance with the applicable laws. The same shall apply in case of a damage caused by negligent violation of life, body or health.
- In case of a damage to property or a financial damage, we shall solely be liable in case of breach of an essential contractual obligation, subject, however, to a maximum amount equal to the damage which was foreseeable at the time of conclusion of the contract and typical for the contract; essential contractual obligations within the aforesaid meaning shall be deemed such obligations the fulfilment of which is a prerequisite for performance of the contract and which the other party may generally expect to be complied with.
- Otherwise our liability, regardless of its legal grounds, shall be excluded.
- The exclusions and limitations of liability under the above paragraphs (1) to (3) shall apply correspondingly in favour of the persons assisting us in the fulfilment of our obligations.
- Any liability based on the assumption of a guarantee or under the German Product Liability Act (“Produkthaftungsgesetz”) shall not be affected by the exclusions and limitations of liability under the preceding paragraphs (1) through (4).
4. Choice of Law, Jurisdiction
- Applicable Laws
The laws of Germany shall apply. The Convention on the International Sale of Goods shall not apply.
Where the customer is a Consumer, such choice of law shall only apply to the extent that it does not affect mandatory provisions of the country where the customer has its habitual place of abode.
- Court of Jurisdiction
For dealings with merchants, legal persons under public law or separate estates under public law, the courts of our place of business shall have jurisdiction over all conflicts arising hereunder. However, we shall remain entitled, at our choice, to file a lawsuit at the user's location instead.