GTC

Contracting Parties

Your contracting party is: YourCamSound, Achim van der Meulen und Sascha Lechner GbR, Sudetenstraße 20, 35440 Linden. The managing partners of YourCamSound, Achim van der Meulen und Sascha Lechner GbR, are Achim van der Meulen and Sascha Lechner (hereinafter referred to as “YourCamSound” within the context of the Terms of Use).

Contract Formation

The YourCamSound download shop allows you to select music tracks/audio files/sound files, video files and/or photo files and to add them to a shopping basket. Subsequently, you must enter your login data and select a payment method. After you have selected the payment method, click on the “Pay now” button and, in doing so, you submit a binding offer to purchase the music tracks/audio files/sound files, video files and/or photo files in the shopping basket. YourCamSound then provides you with a link and, by providing this link for the download, accepts your offer to purchase the music tracks/audio files/sound files, video files or photo files. Upon confirmation of his/her e-mail address, the customer irrevocably accepts the validity of these GTC. Any provisions of the customer that conflict with or deviate from these GTC shall be excluded.

Registration and Ordering

Before using this service, the customer must register by providing his/her name, password and a valid e-mail address. After the customer has submitted the registration form, he/she will receive an e-mail from YourCamSound, prompting him/her to confirm their registration. Following the successful confirmation, the customer will be able to use all functions on www.yourcamsound.com to their full extent. When you register or place an order, we will use, collect and process the personal data, which you have provided, within the scope of the applicable data privacy acts. Form fields for details, which we will require in order to provide the services requested by you, will be marked as mandatory fields, whilst other form fields are optional. Depending on the individual case, we will require contact details, such as name, delivery address, billing address and e-mail address, as well as information on the payment method you have selected, for the formation and implementation of a contract. Furthermore, we will use your data to maintain our customer database to ensure that only accurate information is stored there.

Order Confirmation

After you have submitted your purchase, an order confirmation and an invoice will be sent to the e-mail address specified by you.

Delivery

YourCamSound delivers the purchased music tracks/audio files/sound files, video files and/or photo files via a link that is sent to you. You can use this link to start downloading the relevant file(s). At the same time you are given the option of saving/storing the music tracks/audio files/sound files, video files and/or photo files on your hard drive/computer.

Format

The format of the relevant music tracks/audio files/sound files is mp3. The format of video files is MPEG and for photo files JPG, BMP, GIF etc.

Samples

YourCamSound gives you the option to sample/preview all tracks that are part of the selection. Of course, sampling/previewing tracks is both non-binding and free of charge. A special digital watermark is embedded in all samples and downloadable music tracks/audio files/sound files and video files. Unlawful recording and transfer is not permitted and will be reported. Of course, video and photo files can also be previewed.

Digital Watermark

The customer must not circumvent or remove the digital watermark used by YourCamSound, any technical safety devices and/or information regarding rights management. 

Prices

The prices stated next to the product at the time of ordering shall be authoritative. All prices stated exclude VAT. They do not include any online costs incurred with your Internet service provider for the download. A number of different payment methods are available to the customer. 

Licences – Private & Commercial Right of Use

Licences (use of private & commercial music tracks/audio files/sound files, video files and/or photo files) regulate which conditions the customer must fulfil in order to be permitted to use the music tracks/audio files/sound files, video files and/or photo files obtained and purchased from YourCamSound.

Requirements for Use

These General Terms and Conditions apply to the purchase of music tracks/audio files/sound files, video files and/or photo files for download (hereinafter referred to as “music tracks/audio files/sound files, video files and/or photo files”) on www.yourcamsound.com/de and its corresponding sub-pages. Customers worldwide are able to use the YourCamSound download shop at www.yourcamsound.com . The obtained and purchased music tracks/audio files/sound files, video files and/or photo files may under certain conditions be used for private and commercial purposes in accordance with applicable law, in particular copyright. Here we distinguish between “private right of use” and “commercial right of use”“.

Licences:

Private Use of the Music Tracks/Audio Files/Sound Files/Video Files/Photo Files:

The following regulations apply to private use:  

Private use means the use with social networks (networks/platforms), such as Facebook, Youtube, MyVideo etc.. Our name should be mentioned in the closing credits of the customer’s video (“Music by www.yourcamsound.com”). The music tracks/audio files/sound files, video files and/or photo files are available by clicking on the corresponding button of the respective price. After you have selected the payment method, click on the respective price and, in doing so, you submit a binding offer to purchase the music tracks/audio files/sound files, video files and/or photo files in the shopping basket, which are intended for private use. Furthermore, by clicking on the respective price button, you confirm that you accept our conditions, which are a requirement for the purchase and use of the music tracks/audio files/sound files, video files and/or photo files for private purposes. The use and the integration of the purchased music tracks/audio files/sound files, video files and/or photo files (for private purposes), within the scope of a private website, is permitted. This applies only to the integration in a private, not in a commercial, website. If you intend to integrate the music tracks/audio files/sound files, video files and/or photo files in a commercial homepage/website, you will have to purchase a music track/audio file/sound file, video file and/or photo file for commercial purposes. Private use means all uses/posts, where the customer/user does not generate any income with the use of the music tracks/audio files/sound files, video files and/or photo files. The use of our music tracks/audio files/sound files, video files and/or photo files, which are intended for private purposes, in the fields of radio/TV and advertising is prohibited and forbidden, as is transferring them to a third party. These areas of application (radio/TV/advertising etc.) are only possible and covered through purchasing music tracks/audio files/sound files, video files and/or photo files for commercial purposes; these are, of course, also available at YourCamSound. Any violation of our specifications/General Terms and Conditions will be prosecuted. Any copyright infringements will reported immediately (the same shall apply to any products offered by us).

Licences:

Commercial Use of the Music Tracks/Audio Files/Sound Files/Video Files/Photo Files:

If the customer wants to use the music tracks/audio files/sound files, video files and/or photo files commercially, the following provisions shall apply: Separate, specially listed prices apply for the commercial use and purchase of the music tracks/audio files/sound files, video files and/or photo files. The music tracks/audio files/sound files, video files and/or photo files are available by clicking on the button of the respective price after/next to the “COMMERCIAL” button. After you have selected the payment method, click on the respective price after/next to the “COMMERCIAL” button and, by doing so, you submit a binding offer to purchase the music tracks/audio files/sound files, video files or photo files in the shopping basket, which are intended for commercial use. Furthermore, by clicking on the respective price after/next to the “COMMERCIAL” button, you confirm that you accept our conditions, which are a requirement for the purchase and use of the music tracks/audio files/sound files, video files and/or photo files for commercial purposes. “COMMERCIAL” means all uses where the customer generates turnover, i.e. gains a financial advantage. The same applies to broker companies, such as agencies etc., which purchase our procured music tracks/audio files/sound files, video files and/or photo files on behalf of their customers and transfer/resell them. After purchasing the music tracks/audio files/sound files, video files and/or photo files for  commercial purposes through our YourCamSound-Shop, broker companies, such as agencies, are permitted to resell these music tracks/audio files/sound files, video files and/or photo files once only. We are happy to leave the pricing to the broker companies, when reselling our music tracks/audio files/sound files, video files and/or photo files to their customers. Repeated use in projects for different clients is not permitted. In this case, a further (commercial) licence/music track/audio file/sound file, video file and/or photo file must be purchased for each client. As a matter of principle, the music tracks/audio files/sound files, video files and/or photo files (licences) are not transferable. Exception: The right to the contents may only be transferred to one individual third party, provided that this transfer is done within the scope of fulfilling a customer project, e.g. from an advertising agency to its client. This means that any music track/audio file/sound file, video file and/or photo file purchased from us by a broker for commercial purposes, may only be resold once (1x), i.e. 1x per customer. Therefore, if the broker intends to resell the same file to another customer, then this file must be purchased again from our shop (i.e. 1x new purchase per customer) by the broker (music tracks/audio files/sound files, video files and/or photo files for commercial use). Any violation of our specifications/GTC will be prosecuted. Any copyright infringements will reported immediately (the same shall apply to any other products offered by us).

Rights and Duties

YourCamSound grants you the non-exclusive, irrevocable and non-transferable right to use the purchased music tracks/audio files/sound files, video files and/or photo files solely for personal purposes as specified in these GTC. You are not permitted to copy, distribute or sell the purchased music tracks/audio files/sound files, video files and/or photo files, or to support such use thereof or circulate or exploit them in any other way. For commercial use, you must only purchase the music tracks/audio files/sound files, video files and/or photo files that are intended for this purpose. The same applies to the resale through broker companies, such as agencies etc. As far as brokers are concerned, every purchased music track/audio file/sound file, video file and/or photo file (for commercial use) must only be resold 1x (i.e. 1x per customer)! Repeated use in projects for different clients is not permitted. In this case, a further licence must be purchased for each client. If a broker intends to transfer/sell the same music track/audio file/sound file, video file and/or photo file to another customer, then the broker must purchase this file again from our shop (music tracks/audio files/sound files, video files and/or photo files for commercial use). Therefore, the broker is without exception prohibited from selling the relevant file(s) twice! Any transfer of the rights to a third party is expressly excluded. The transfer of rights is concluded upon completion of the download, subject to payment of the full purchase price.

Violation of Customer Duties or Third-party Rights by the Customer

In the case of a serious breach of the customer’s duties, YourCamSound shall be entitled to block the YourCamSound account or individual services. The customer will then be notified of the reason for the block by YourCamSound. The block will remain in place until the committed breach has been remedied. The same applies if a serious breach of duty is merely suspected. Furthermore, YourCamSound has the right to delete individual items of the customer. Again, the block shall remain in place until the issue has been fully resolved. YourCamSound shall not be liable for any damage resulting from a breach of duty by the customer, which could have been prevented if the duties had been observed. In the case of a violation of third-party rights by the customer, the latter shall be personally and directly liable to said third party.

Intent and Gross Negligence

YourCamSound shall only be liable for intent and gross negligence, with the exception of injury to life, body or health of a person, as well as in the case of a breach of fundamental contractual obligations. Fundamental contractual obligations are such duties that are necessary for achieving the objective of the contract and the compliance with which the contracting party can constantly rely on. In the event of a breach of fundamental contractual obligations through ordinary negligence, YourCamSound shall only be liable for any foreseeable damage typical for the contract, unless the damage claim is for injury to life, body or health.

Cancellation of Account

The customer may cancel his/her YourCamSound account at any time by deleting it at www.yourcamsound.comen. The saved customer details will then be completely deleted. The contracting parties reserve the right to an extraordinary cancellation of the YourCamSound account for cause. YourCamSound may cancel the account in writing by post or by e-mail.

Right of Revocation

There is no right of revocation as the music tracks/audio files/sound files, video files and/or photo files are not suitable to be returned due to their nature.

Liability

Damage in connection with download. YourCamSound shall not be liable for any damage due to incompatibility of the music tracks/audio files/sound files, video files and/or photo files with the customer’s existing software or hardware.

Customer Access

The customer is solely responsible for entering his/her details correctly. If a YourCamSound account has already been set up for the customer, the customer must immediately amend or correct his/her customer profile at www.yourcamsound.com if there is a change to his/her details. Furthermore, the customer must not pass on his password/access for the use of his/her YourCamSound account to any third party. The account must be protected against third-party access. If there is any suspicion that an unauthorised person has gained access to the customer’s account, the customer must immediately change his/her password.

Ratings

The customer may be given the option to rate the music tracks/audio files/sound files, video files and/or photo files. The ratings represent the opinion of the respective author. YourCamSound explicitly distances itself from the contents of such ratings. YourCamSound may post the ratings of the author on its website and make them available for retrieval. The author grants YourCamSound the irrevocable right to post his/her ratings on the website of YourCamSound, copy them, make them available for retrieval, maintain this availability and to make them publicly accessible, in perpetuity throughout the universe/world in all media now known or hereafter devised. The author assures YourCamSound of the legitimacy of his/her rating and shall not post any contents that are in violation of the law or personal rights, or that are libellous or punishable under criminal law.The rating function must not be abused; furthermore, it is forbidden to transfer or post any information that is illegal or immoral and it is forbidden to refer to any information that, within the meaning of Sections 130, 130a and 131 of the German Penal Code (Strafgesetzbuch – StGB), serves incitement to hatred and violence against segments of the population (or minority groups), induces criminal offenses or glorifies or trivializes violence, is sexually offensive or pornographic within the meaning of Section 184 of the German Penal Code, causing serious moral harm to children or adolescents or affecting their well-being, or damages the reputation of YourCamSound. The provisions of the Interstate Treaty on the Protection of Minors in the Media (Jugendmedienschutz-Staatsvertrag – JMStV) and the German Youth Protection Act, the national and international copyrights, trademark rights, patent rights, rights to a name, rights to logos, brands and trademarks and any other industrial property rights and third parties’ personal rights must be observed.

Applicable Law

These GTC shall be governed by German Law.

Severability

Should one or several provisions of these GTC be or become invalid, the remaining provisions of the contract shall remain in full force and effect.