and conditions for use of the massivetracks website
and purchase of content.
This document sets out the terms and conditions
for use of the Massivetracks web site and comprises
a legal agreement between you and the company
("we", "us"). You must read
all these terms before using the site or downloading
any music. You should also read our Privacy
Policy which describes how we
use your personal data/information. These documents,
as amended by us and posted on the site from time
to time, are the entire agreement between us.
If you do not agree them cease use of the site
not and do not continue with any purchase.
If you are entering this agreement on
behalf of your employer, the licence granted and
restrictions and limitations recited herein apply
to your employer as well as to you as a representative
of your employer. Should you cease working for
your employer, your employer may continue to operate
under this Agreement.
Massivetracks grants you the non-exclusive, non-transferable
license to use and modify The Product subject
to the restrictions contained herein.
For Music products,
when submitting programmes incorporating the recordings
to broadcasters, the composer's name and track
details shall, where appropriate, be included
on a "Cue sheet".
The broadcaster will be responsible for paying
public performance fees. No copyright
royalty or synch fee is payable to Massivetracks
or the relevant artists in respect of the uses
does not permit the following uses :
The Product may not be sublicensed, resold or
otherwise made available for use or distribution
separately or detached from a product or web page.
Using The Product
in a way not covered by the "Acceptable
that is specifically prohibited, without prior
written consent from Massivetracks is a violation
of Federal copyright law. This licence is in force
until it is terminated. If you do not comply with
the terms and conditions in the "Acceptable
Use", this licence automatically
terminates. At termination, any use is forbidden
and Trademarks :
All the material on this
web site which includes words, pictures, sound
and other things ("Content"), is owned
You may not copy any material on the web site
without our permission and all content and the
appearance and structure of the site remain our
License to use the Site :
You are granted a limited, revocable,
and non-exclusive right to create a hyperlink
to the "Welcome page english
as long as the link does not portray us or our
products or services in a false, misleading, derogatory,
or otherwise offensive matter. You may not use
our trade names or logos as part of the link without
our express written consent.
We do not guarantee that our web site is compatible
with all PCs and MACs.
Guaranty and retention of title:
Any use of our music (or parts of our music) without
notifying us is forbidden.
For every use of our music that exceeds the extent
of the requested licence, or takes place without
permission, at least twice the licence-fee that
is usually charged for the stipulated use falls
due. The licence is only valid after payment.
In Case of legally acquired
licence of use we release the user of all third-party
rights (musicians, producers, etc.). All licences
are not exlusive.
No action by us, other than an express
written waiver or amendment, may be construed
as a waiver or amendment of any of this agreement.
Should any clause be found unenforceable, wherever
possible this will not affect any other clause
and each will remain in full force and effect.
We reserve the right to
change these terms, prices, information and our
Prices and terms of payment:
Prices for Licences comply to range (temporal,spatial),
type and number of copies. If there is no further
agreement, the payment has to take place imediately
after order. The licence for using the track (=written
e-mail licence-release) is only valid after complete
payment. The prices at the time of order are valid.
Price changes reserved. 7% value added tax are
If there is no further agreement: A licence is
not transferable and has no time limit. A licence
is only valid for one (1) track. A licensed track
can only be used for one medium in the ordered
category. If you want to use a track with more
than one medium of one category (for example internet
and fair movie), you have to acquire a licence
for each medium. Changes reserved.
All our tracks are available in a sendable format.
The length is at least 1:00 minute (exceptions
reserved). Formats in detail:
- .wav (standard cd-audio
format), 44.1 KHz, 16 bit stereo
- .mp3 (high quality 196 kbit)
- other fotmats by agreement.
Purchase Conditions :
1. All Content purchase online and on
CD or otherwise is on the terms of our "terms
2. You agree to pay the fees set out on our web
site for the Content which you purchase in the
manner specified. You must pay by
offers and products are subject to availability
and may change before ( but not after ) we accept
3. We do not accept orders from anyone under 18
or who does not have capacity to form a contract
under their own local laws.
4. Fees are subject to value added tax where required
by law and the sum for this is included in the
total amount (7% vat). VAT rates may change from
time to time and we reserve the right to add whatever
is the then prevailing rate.
5. Fees are payable in € ( EURO ).
6. When you order you will have an opportunity
to check the details and correct any input errors.(
7. When you place an order we will send you an
e-mail confirming receipt of your order and containing
the details of your order. With placing your order,
you agree to recieving e-mails concerning your
purchase (confirmation receipt, download links,
8. When ordering for delivery outside Germany
(UK / USA etc.) you may be subject to import duties
and taxes, which are levied in your home state.
Any additional charges for customs clearance must
be borne by you; we have no control over these
charges and cannot predict what they may be. Customs
policies vary widely from country to country,
so you should contact your local customs office
for further information. Additionally, please
note that when ordering from us, you are considered
the importer of record and must comply with all
laws and regulations of the country in which you
are receiving the goods. Please note that cross-border
deliveries are subject to opening and inspection
by customs authorities.
Except as specifically stated in these Terms or
elsewhere on this website, or as otherwise required
by applicable law, neither we nor our directors,
employees, licensors, content providers, affiliates
or other representatives will be liable for damages
of any kind (including, without limitation, lost
profits, direct, indirect, compensatory, consequential,
exemplary, special, incidental, or punitive damages)
arising out of your use of, your inability to
use, or the performance of this website or the
Content whether or not we have been advised of
the possibility of such damages.
We do our best to ensure the website is accurate
and up to date but we exclude to the greatest
extent possible under applicable law any warranty,
express or implied, including, without limitation,
any implied warranties of merchantability, satisfactory
quality or fitness for a particular purpose.
If links to other
sites are given on this web site we do not control
those third party sites and are not responsible
for their content. Some countries' local laws
do not permit the exclusion or limitation of implied
warranties or liability for certain categories
of damages. Therefore, some or all of the limitations
above may not apply to you to the extent they
are prohibited or superseded by state or national
Force Majeure :
We are not liable for any loss or delay
caused by circumstances beyond our reasonable
control including without limitation Act of God,
strike, riot, terrorist activity, fire, accident
or emergency, changes in law or regulations, trade
embargo or other event.
All MassiveTracks Royalty
Free Music web site domains (www.massivetracks.net,
operate under the exact same privacy and security
THIS IS A LEGAL AGREEMENT BETWEEN YOU
AND MASSIVETRACKS BY USING THE PRODUCT YOU AGREE
TO BE BOUND BY THIS LICENCE
of performance and jurisdiction:
performance shall be Munich and place of jurisdiction
German law shall be applicable.
Massivetracks, Schertlinstr. 10 A, 86159 Augsburg,
Terms January 2005