Terms 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.

License Agreement:
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.

Grant of Licence :
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 permitted hereby.

This licence 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 Use" or 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 immidiately.

Copyright and Trademarks :
All the material on this web site which includes words, pictures, sound and other things ("Content"), is owned by Massivetracks.

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 property.

License to use the Site :
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the "Welcome page english / german" 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 Waiver, Severability :
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.

Changes :
We reserve the right to change these terms, prices, information and our License and Privacy Policy without notice.

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 included.

Transferability, duration, validity:
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.

format:
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.

Additional Purchase Conditions :
1. All Content purchase online and on CD or otherwise is on the terms of our "terms and conditions".

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 Paypal. Prices, offers and products are subject to availability and may change before ( but not after ) we accept your order.

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 $ ( USD ).

6. When you order you will have an opportunity to check the details and correct any input errors.( paypal )

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, or similar).

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.

disclaimers :
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 provisions.

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, www.massivetracks.de) operate under the exact same privacy and security policies.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MASSIVETRACKS BY USING THE PRODUCT YOU AGREE TO BE BOUND BY THIS LICENCE

Place of performance and jurisdiction:
Place of performance shall be Munich and place of jurisdiction Munich.
German law shall be applicable.

Massivetracks, Schertlinstr. 10 A, 86159 Augsburg, Germany

Massivetracks General Terms January 2005