Terms and conditions
§ 1 Introduction
1. The terms and conditions below govern the contractual relation between audiohub GmbH, 13 – 17 Schallstr., Cologne, 50931, Germany (“audiohub”, “provider”) and private as well as commercial customers who purchase usage rights on the provider´s website (“customers”).
2. Differing or contrary terms shall not apply except if expressly agreed upon in writing.
§ 2 Applicable law
Any contracts entered into between the provider and the user shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions or mandatory consumer protection laws.
§ 3 Services
The provider offers on his webpage www.audiohub.com audio files for download and usage rights to these files (for details please refer to § 7).
§ 4 Conclusion of Contract
1. The offers on www.audiohub.com are non-binding, but an invitation to the customer to make a binding order himself.
2. Automatically sent emails that confirm the receiving of an order do not constitute the acceptance of the order.
3. Contracts are binding when expressly confirmed by the provider.
§ 5 Registration
1. In order to purchase audio files and usage rights customers need to register an account.
2. Registering an account requires to specify a correct name and email address.
3. The user is not entitled to have his account activated. Activation of user accounts lies solely within the provider´s discretion.
§ 6 Payments
1. All Payments are made in EURO.
2. Eligible payment methods are PayPal, Credit Card and payment on invoice (prior clearance required). Payments on invoice are due within 14 days after receipt.
3. Credits: By purchasing Credit Packs, customers receive a predetermined number of credits, which can be used for purchasing song licenses. Unused credits expire two years after the purchase date. Credits cannot be transferred. Upon termination of the customer's account, all rights to unused credits will be forfeited.
§ 7 License terms
1. Different licensing models are available comprising the following services and usage rights:
1.1 Standard License
The standard license allows unlimited, global use of the piece of music for all valid types of projects, such as a promotional video, an explanatory video, a podcast episode, etc. The full list of valid projects is available here. Explicitly not allowed are: any music productions such as singing, rap, remixes, etc.
Detailed information about the license can be found here. The project may be published on all media channels, including the internet, TV, movies, radio, trade shows, etc. Use for more than one project is not allowed. The license allows for an unlimited number of retrievals.
1.2 Extended License
The extended license allows unlimited, global use of the piece of music for all types of projects and applications, such as promotional videos, explanatory videos, podcast episodes, etc. The full list of possible projects is available here. Explicitly not allowed are: any music productions such as singing, rap, remixes, etc.
Detailed information about the license can be found here. The project may be published on all media channels, including the internet, TV, movies, radio, trade shows, etc. The song may be used for any number of licensee projects. The license allows for an unlimited number of retrievals.
1.3 Free music
Music files, that are offered at https://audiohub.com/free-royalty-free-music, may be used free of charge in multiple private and commercial videos and podcasts, provided that the copyright notice Royalty-free music from https://audiohub.com was correctly inserted into the video and podcast and when published online on the website.
1.5 Exclusive License
The exclusive license allows unlimited, global use of the piece of music for all types of projects and applications, such as promotional videos, explanatory videos, podcast episodes, etc. The full list of possible projects is available here. Explicitly not allowed are: any music productions such as singing, rap, remixes, etc.
The project may be published on all media channels, including the internet, TV, movies, radio, trade shows, etc. The song may be used for any number of licensee projects. The license allows for an unlimited number of retrievals.
This license is exclusive, meaning that only the licensee possesses the sole rights to use the audio file.
2. Usage rights under (1.1) Standard License, (1.2) Extended License and (1.5) Exclusive License are specified as follows:
2.1 The license holder is granted a non-exclusive right of use, not limited in respect of place, time and content subject to the purpose of the contract.
2.2 Usage rights may only be transferred with the provider´s consent. The acquisition of usage rights on behalf of a third party is possible during the online ordering process.
2.3 The following alterations of the original musical works are considered lawful:
cutting, arrangements, transpositions, time stretching, fade out/in, looping, EQing, resonating effect, mastering.
Apart from that alterations require the provider´s consent. Please contact email@example.com.
2.4 The granting of rights may be revoked at any time until the full payment of the license fees.
2.5 The music may not be used in a context that is not compatible with the law and the constitution of Germany or the European Union. In particular, the use of music is prohibited in projects related to political or religious extremism or glorification of violence.
2.6 It is not allowed to upload your project to audio fingerprint-systems like Content ID or Facebook Rights manager via a digital distributor (e.g. AdRev, Distrokid, Tunecore, CD Baby, Indiefy, Haawk, Identifyy, audiam iMusician, Feiyr etc.). The audiohub GmbH retains all ownership rights to the recording.
Uploading projects that use music from audiohub into a fingerprint-system can lead to false copyright claims. This causes problems for other users or for future projects and therefore constitutes a violation of our license terms.
2.7 The music may not be resold or published "as it is", even if it has been edited (for example, by adding vocals, adding effects, shortening / lengthening, etc.). Furthermore, the music may not be used in projects that are to be distributed under a Creative Commons license.
§ 8 Liability
1. The provider is liable according to the statutory provisions, if the customer makes a claim for damages based on intent or gross negligence, including intent or gross negligence of the provider´s representatives or agents. In case of a non intentional breach of contract the liability for damages is limited to foreseeable, typically occurring damage.
2. The provider is liable according to the legal provisions if he culpably infringes any essential contractual obligation; in this case the liability for damages is limited to foreseeable, typically occurring damage.
3. The liability for culpable injury to life, body or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.
4. Unless stipulated otherwise above, liability is excluded.
5. The liability of the provider is particularly excluded if the service of the provider (by the customer/user ordered music) of a third person (previous customer/user of the provider) contrary to § 7 no. 2.6 of these General Terms and Conditions of fingerprint-systems (e.g. via digital distributors like AdRev, Distrokid, Tunecore, CD Baby, Indiefy, Haawk, Identifyy, audiam iMusician, Feiyr etc.) has been uploaded/registered. However, the provider undertakes to cooperate actively in resolving a conflict that may arise and to act against the GTC violation of their previous customer/user.
§ 9 Online-Dispute Resolution
1. The European Commission provides a platform regarding online dispute resolution accessible under: http//ec.europa.eu/consumers/odr
2. audiohub GmbH is neither obliged nor willing to participate in a dispute resolution before a consumer arbitration board.
§ 10 Competent Court
If the Customer is a corporation, limited liability company or commercial partnership or otherwise operates a commercial business or is a legal entity or special fund organized under public law, the court in Cologne, Germany shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases the provider or the Customer may file suit before any court of competent jurisdiction under applicable law.
§ 11 Miscellaneous
Should single provisions of this contract be or become invalid or void, this shall not affect the remaining provisions of this agreement.
B. Consumer Information
1. Company identity
Managing directors: Nikolas Weber, Dominik Weber
email: firstname.lastname@example.org, phone: +49 221 64304905
2. Contract language, storage of the contract
For international customers the language of the contract is English.
The contractual document is sent to the customer´s inbox via email and can be accessed at any time in the customer´s account.
3. Description of goods
A thorough description of the goods can be found on the provider´s internet site
4. Conclusion of contract
The particular steps that lead to a conclusion of contract are the following:
The customer selects a song he wants to purchase usage rights for. By clicking on the button with the note symbol/licensing he is asked to pick a license model (private license or professional license).
From there the customer is forwarded to his shopping cart, where he may pick the license model “background music bundle” by checking the respective check box. By clicking the button “order” the customer gets to the page, where he inputs directions and –if applicable – VAT number. The button “next” takes the customer to the payment screen and he picks a payment method (payment on invoice requires prior clearance). After clicking the button “next” the order is displayed as an overview. The order is finalized by clicking the button “buy now”.
Before the order is binding the customer can make changes to his order at every stage by means of the usual keyboard and mouse functions. Besides the order can be reviewed in the order overview before it is sent off.
6. Warranty, Customer Service
Legal rights on warranty are stipulated in §§ 434 et seq. BGB (German Civil Code).
Customer Service can be contacted Mondays to Fridays: email@example.com
7. Right of withdrawal
Consumers have a right to withdraw from the contract in accordance with the information given before an order is placed and contained in the order confirmation email.
The right of withdrawal expires if the provider begins with the performance of the contract after the consumer has expressly consented to the beginning with the performance of the contract prior to expiry of the withdrawal period, and has acknowledged that by his consent, he would lose the right to withdraw from the contract upon the performance of the contract having commenced.
8. Delivery time
Music files will be delivered immediately receipt via download link in the customer account.