1. Scope of Application

 

 

1.1 Patrick Siebenborn, Sandstr. 18a, 67304 Eisenberg (Pfalz), Germany (hereinafter "BornBeat") provides the Services of BornBeat on the Basis of these conditions.

 

1.2 BornBeat is entitled to amend or supplement these General Terms and Conditions with an appropriate announcement period. The announcement will be made exclusively by publication via e-mail and on the Internet on the Pages of BornBeat. The amendment is deemed to be approved by the Customer if he does not Object to the change within one month after receipt of the change announcement or terminates the contract. BornBeat is entitled to terminate the contract in the event of the Customer's objection. With the change announcement, the Customer is entitled to the ordinary termination on the Part of BornBeat, which is Subject to the suspensive condition that the Customer rejects the change. BornBeat will particularly Point out the possibilities for the Opposition and dismissal, the time limit and the legal consequences, in particular regarding a non-compliance, in the Notification of the amendments.

 

 

2. Principle

 

2.1 BornBeat is an Artist who can make his Works available to the Public and offer them for Sale or Purchase.

 

 

3. Registration, use by third-Parties

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3.1 Before the first use, a free Registration of the Customer is required with which BornBeat creates a Customer Account for this Customer. As a registered User, he has the possibility to purchase Content.

 

3.2 The Customer guarantees that the Information provided by him in the course of the Registration or during the Term of the Contract about his Person and other Circumstances relevant to the Contract are complete and correct. The Customer undertakes to notify BornBeat without delay of changes to the Data; At the appropriate Request of BornBeat the Customer has to confirm the Data. In the case of breach, BornBeat is entitled to immediately block the contractual Services and to Terminate the Contract in an extraordinary manner. The Customer undertakes to keep Passwords obtained from BornBeat for the purpose of Access to their Services strictly confidential and to inform BornBeat immediately as soon as he becomes aware of the fact that unauthorized third-Parties are aware of the Password. BornBeat accepts no liability for Damage caused by negligence in the hands of third-Parties.

 

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4. Ordering

 

4.1 The Customer can search the BornBeat Store by Categories, Keywords, etc. and Place the Content to be used in his shopping cart. In Order to be able to conclude the Contract of use between the Supplier and the Customer, the Customer logs in with E-Mail Address and Password at BornBeat (Store).

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4.2 When ordering, the Customer must confirm the respective License-Terms. This is the Reason for the License Agreement between the Customer and the Supplier. The Customer can download the ordered Content within a period of 14 Days from the Order and use it according to the Applicable licensing Conditions; But only on the Condition that the relevant fee is paid for the Content.

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5. Proprietary Reservation

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5.1 The delivered goods (Sound and Video Content) remain the Property of BornBeat even after full Payment. BornBeat only entitles the Purchaser to private use according to the Terms of use (GTC) of the Content.
 

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6. Use of Audio and Video clips in the Public (SocialMedia, Events, etc.)

 

6.1 BornBeat is present in the social Media such as Facebook, Instagram, Twitter, SoundCloud and YouTube, and has the right to publish Content in its own and on behalf of Missor Fashion. This also applies to public Events.

 

6.2 By purchasing a Sound or Video clip, the Contractor (hereinafter referred to as "Buyer") is obligated to make copyright Claims, provided that this provides for use in the social Media. If this does not happen, BornBeat is entitled to transfer the Data of the buyer or the third-Party to law enforcement Authorities and Courts.

 

BornBeat points out that this can be checked by specially developed Filter Systems and can be erased by the relevant Platform in case of breach of the General Terms and Conditions of Use of BornBeat. This requires the purchaser or third-Parties to submit to an order (authorization by the originator, thus BornBeat). Excluded if the buyer or a third-Party does not want to do so, or does not wish to volat it. For this, however, BornBeat does not assume liability, the consequences are to be borne by the buyer or third-Parties. In this Case, the purchase contract will be considered an offer; Under the pretext that the buyer or third-Party complies with the Terms and Conditions of Use of BornBeat. Infringements must be reported to BornBeat without delay.

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Copyright Information:

 

In the social Media it is left to the Buyer or to third-Parties, how this BornBeat or Missor Fashion is marked / inserted in the relevant Article.

 

In the Networks such as Facebook, Instagram or Twitter, there are built-in Features such as. At (@) or Hashthag (#), which can be used. However, BornBeat asks the Buyer or third-Party to use the Hashthag (#) Symbol as a Link to the Pages of BornBeat or Missor Fashion is guaranteed here. In YouTube, however, it does not exist. The following Data is to be entered here: see example List.

 

Examples:

 

BornBeat

 

Facebook/Instagram/Twitter:              YouTube:

 

#BornBeat_Production                         Here, Data such as. Composed by BornBeat

                                                                  www.bornbeat.com / www.store.bornbeat.com/betreffentes Content

 

Missor Fashion

 

Facebook/Instagram/Twitter:

 

#MissorFashion @MissorFashion

 

Note: Likewise, it is the Responsibility of the Buyer or third-Parties to specify who is the Originator of the Products. 

 

5.3 For the use in the Public and/or at Events, a written Authorization by BornBeat is necessary.

 

 

6. Päddixx Gameplay

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BornBeat, hereinafter referred to as Päddixx Gameplay, is a Gamer who works in the Public (social media such as Facebook, Twitter, Insagram, YouTube, etc.) with the (gaming) play of different Games from other Manufacturers. This includes Lets Plays, Tutorials and much more. 

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6.1 Since Päddixx Gameplay is not the owner of the respective Games, he or she can obtain permission from the respective owners to use the respective Game and to integrate them into his Videos. It also adheres to the Guidelines given by the Manufacturer. The owner of the respective Game has at any Time the right Päddixx Gameplay to withdraw these permits unfounded.

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6.2 In general the Provisions of the Respective Manufacturer, the Platform and BornBeat apply.

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6.3 Since Päddixx Gameplay is bound by the Guidelines of the respective Manufacturers, the latter has to take appropriate precautions for the appropriate Protection of the Material and take appropriate Precautions. In this regard, Pddixx Gameplay can refer to the Guidelines of the respective Platform or to its own. Also a reference to the Guidelines of the Platform and BornBeat at the same time is possible. This means that the provisions of the relevant Platform and those of BornBeat apply.

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6.4 Reproduction of the respective Content (Picture, Audio, Video, etc.) is only permitted with the written permission of BornBeat. Any breach of these terms and of the Manufacturer, as well as the respective Platform, may and will be charged to the respective end-User. Accordingly, the relevant Authorities are switched on. In this case, liability is not BornBeat, but the respective end user himself.

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6.5 The adherence to these terms with respect to the further Distribution of the Contents of Päddixx Gameplay is only to be understood if the respective end-User in the respective Process of the dissemination takes and maintains the Information made by Pddixx Gameplay in the original published Content. Similarly, the end-User who is considering a redistribution is expected to indicate from whom the Content is; In this case then by Päddixx Gameplay.

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6.6 Since the contents published by Päddixx Gameplay contain information about Päddixx Gamplay whose image or voice recordings are present, these terms and the corresponding platform and BornBeat apply.

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6.7 The content published by Päddixx Gamplay must not be used in any way for self-enrichment. This means that any use, retransmission in the commercial sense as well as any other commercial activities and unauthorized downloads are prohibited.

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6.8 By playing the contents of Pddixx Gameplay on the respective platforms and on this website, the user agrees that he has read, understood and accepted this and the conditions of use of the respective platforms and manufacturers.

 

 

7. Revocation Instruction

 

Right of revocation

 

You have the right to revoke this Contract within a Period of fourteen days without giving Reasons.

 

The Revocation Period shall be fourteen Days from the Date of Conclusion of the Contract.

 

In order to Exercise your right of Revocation, you must inform us (eg. Patrick Siebenborn, Sandstr. 18a, 67304 Eisenberg, Germany, Phone: +49 (0) 157 32034507, E-Mail: info@bornbeat.com) A letter, or E-Mail sent by Mail) about your Decision to revoke this Contract. You can use the enclosed sample Revocation form, but this is not required.

 

NOTE: If you send the E-Mail Notification to BornBeat by E-Mail, it must be sent to support@bornbeat.com.

 

In Order to keep the Revocation Period, it is sufficient that you send the Notification of the exercise of the Right of Revocation before the End of the Revocation Period.

 

The Right to revoke is excluded for Audio and Video Content.

 

Consequences of Revocation

 

If you revoke this Agreement, we will pay you all the Payments we have received from you, including the Cost of delivery (except for the additional Costs resulting from the Fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us ) Within a Period of fourteen Days from the Date on which the Notice of Revocation of this Contract has been received by us. For such Repayment, we will use the same means of Payment that you have used in the original Transaction, unless you have expressly agreed otherwise; In no case will you be charged for these Pepayment Fees.

 

 

8. Fees

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8.1 The Prices stated in the BornBeat apply at the Time of the Order, the Currency of the Trade is EURO (€). Only BornBeat is entitled to collect the Royalties. The Supplier has assigned his fee Claim to BornBeat and therefore does not have the Right to Demand the User fee directly from the Customer. Therefore a direct Payment to the Offerer does not Release the Customer from his Payment obligation against BornBeat. If the Customer does not Pay or does not Pay in Time, his Right to use the Content expires Retroactively. In this Case, the Customer is obligated to Pay an appropriate expense Compensation for the Period of use.

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8.2 The Customer can only Offset Claims against BornBeat by means of Contradictory or legally binding Counterclaims. The Customer can only exercise a Right of Retention if his Counterclaim is based on the same contractual Relationship. The Assignment of Claims by the Customer against BornBeat to third-Parties is excluded.

 

8.3 The Provider is responsible for all tax Matters related to the license Agreement. At the Request of the Customer, the Supplier must provide an Invoice for the Amount paid.

9. Payment Methods/Billing

 

9.1 Various Payment/Disbursement Methods are available for transactions via BornBeat, in particular the Payment of the acquired Content and the Remuneration of the Provider. When a Customer Orders a Content, the Fee is deducted from his User-Account.

 

9.2 For Orders up to a Credit Limit of € 50.00 (€) per Month, invoicing is made at the End of the Month and includes all Purchase bookings made by the Customer this Month. If the Customer exceeds his Credit Limit, an Immediate invoice is issued. Providers also receive a quarterly bill.

 

9.3 If the Customer is in default of Payment, BornBeat is entitled to terminate the Services and/or immediately block the Account (Access) of the Customer.

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9.4 In the Event that the Fees are paid by Means of a debit Note, and for Reasons which are not within the Area of Responsibility of BornBeat, BorneBeat shall charge a processing Fee of EUR 10.00 (€) per direct Debit plus the Bank Fees incurred for BornBeat. Proof that BornBeat has suffered no or only minor Damage remains unaffected to the Customer.

 

 

10. Vouchers

 

10.1 In Order to redeem a Voucher, the Coupon-Code must be entered in the corresponding Field as Part of an order Process. A Retrospective Deduction of amounts already invoiced is not possible. Multiple Vouchers can also be purchased and redeemed. Only one voucher can be used within one order process, a total of several vouchers per order is not possible. Online vouchers can only be redeemed on the associated BornBeat country page, which has issued the online-Voucher.

 

10.2 BornBeat will only charge the Vouchers for as long as this is stated in the Voucher. After Expiry of the Trrm stated in the online-Voucher, redemption is no longer possible.

 

10.3 Vouchers can not be paid in Cash. A Resale is also not statthaft. If the Voucher value exceeds the total Amount of an Order, the remaining Credit of the Voucher expires when the Order is executed.

 

 

11. Warranty

 

11.1 BornBeat guarantees the Availability of the Servers of 1&1 Internet SE (referred to below as 1&1) of 98% on the annual average. Exceptions are Times during which the Server can not be reached over the Internet due to technical or other Problems which are not within the sphere of Influence of BornBeat (force Majeure, fault of third-Parties, etc.). BornBeat may restrict Access to the Services provided that the Security of the Network Operation, the maintenance of the Network integrity, in particular the Avoidance of serious Disturbances of the Network, the Software or stored Data require this. In principle, such defects are excluded from the warranty, which are caused by external Influences, operating Errors or Modifications, Additions, modifications or alterations carried out by BornBeat, repair Attempts or other Manipulations.

 

11.2 BornBeat does not Guarantee the comprehensive usability of the Files, in particular, BornBeat does not Guarantee that all Files can be edited, stored on any Storage Medium or converted into any File-Format.

 

 

12. Rights of third-Parties

 

BornBeat may not be used to Spread defamatory, Pornographic, or otherwise unlawful Material, or threaten, harass or impede third-Parties' Rights (including the personality Rights). The use of the Service in a Manner which adversely affects the availability of the Database or the other Service of BornBeat for other Users is likewise prohibited. In the Event of an Infringement, BornBeat has the Right to block the Account with immediate Effect. The blocked Customer is not allowed to Register again under another Account or to use the Platform in any other way. BornBeat reserves the Right to take further legal Action against the Interferer. If a Customer violates his own or third-Party Rights, this is to be communicated immediately to BornBeat in writing. BornBeat will then immediately Review the relevant Content and, if necessary, delete it from the Database.

 

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13. License-Controll-System (LCS)

 

The LCS (hereinafter referred to as "License Control System") is only used to verify censes that are claimed by BornBeat.

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14. Liability

 

14.1 BornBeat stores the Content for the Provider or only provides the Access. BornBeat assumes no Liability for the Content of the Information and the Content, which is placed in the BornBeat (Store). Rather, the respective Provider is solely responsible for the Rontents stored by him in the Store.

 

14.2 BornBeat itself also Acts as a provider of Rights and Provides the platform on which the Provider and Customer directly transfer User Rights and Supports the Provider in the purchase processing, in particular the Collection of the Fee. Neither BornBeat nor its legal Representatives or Employees are responsible for the legal Relationships arising from a contractual Relationship between the Supplier and the Customer. BornBeat assumes no Liability in particular for the non-contractual use of the Content by the Customer.

 

14.3 BornBeat shall be liable for the Negligence caused by it or its simple Means of Fulfillment for slight Negligence, including without Limitation, only insofar as an Obligation is violated, Compliance with which is of particular Importance for the Achievement of the Purpose of the Contract (cardinal Obligation) and in Cases of Injury to Life , Body or Health. In the Case of a Breach of a cardinal Liability, the Liability is limited to such Damages, which are typically expected to arise within the Scope of the present Agreement, unless Intent or gross Negligence or due to Injury to Life, Body or Health is mandatory. Liability under the Product Liability Act remains unaffected.

 

14.4 BornBeat shall not be Liable for Damages or Damages which the Customer could reasonably have prevented. In the Case of Data loss, BornBeat is Liable only in the Amount of the Reconstruction effort required in the Presence of Backup Copies. The Customer is hereby expressly pointed out that he is himself responsible for making periodic and sufficient security Copies. BornBeat therefore does not provide a Replacement for a Loss of the uploaded or acquired Data from the Store.

 

5.14 BornBeat strives to protect all Customers with Industry-standard Care. In no Case, however BornBeat Liable for any Damage caused by Data espionage, hacker Attacks, defective Hardware or Software or force Majeure.

 

14.6 A Change of the Burden of Proof to the Detriment of the Customer is not connected with the above Regulations.

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15. Supplements

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15.1 BornBeat is entitled to settle Advertisements and other printed Matter such as comparative Tests, Newspaper Reports, whether or not they originate from BornBeat or from third-Parties.

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16. Data Protection

 

16.1 Personal Data of the Customer shall be collected, processed and used by BornBeat during the contractual Relationship without further express Consent for the Purposes of the Processing of the Contract, including billing. Data Collection, Usage, and Processing is done electronically. BornBeat may Transfer the billing Data of the Customer to other Service Providers and third-Parties, as far as this is necessary to determine the Fee and to settle with the Customer.

 

16.2 The Customer is also reminded that BornBeat is entitled to collect, Process and use the Customer's stock Data and Connection Data for the Detection, Containment and elimination of Faults and Faults in the telecommunication Systems, insofar as this is necessary in Individual Cases. In the Event that the relevant Conditions are met, BornBeat may collect, Process and utilize the Inventory and connection Data necessary to detect and prevent the performance imbalances and other unlawful claims of telecommunications networks and Services. In accordance with the Provisions of this Provision, BornBeat shall provide Information to Law enforcement Authorities and Courts for the purpose of Prosecution.

 

16.3 For the purpose of Advertising, market Research and the need to design the Services, BornBeat creates usage Profiles using Pseudonyms. The Customer has the Right to object to this processing and use of his Data at any Time.

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16.4 BornBeat expressly reminds the Customer that Data Protection and Data Security for Data transmissions in open Networks, such as the Internet, can not be guaranteed according to the current State of the Art. The Customer knows that the Provider can view the Website Page stored on the Web Server at any time, as well as other Data stored there by the Customer from a technical Point of View. Other Participants in the Internet may also be technically able to Access the Network Security without Authorization and to control News traffic. The Customer is responsible for the #Security of his Data and has to take appropriate security Precautions.

 

16.5 The Customer may at any Time demand that his registration Data for the BornBeat Account be deleted, if he no longer wishes to use it.

 

 

17. Termination

 

17.1 Both BornBeat and the Customer may terminate this Agreement at any Time. Claims which have already arisen prior to the Termination shall remain unaffected by the Termination. BornBeat will promptly Invoice the Customer for Orders already placed.

 

17.2 If the customer is a Provider of Content, the Termination automatically ends all Agency Agreements concluded between him and BornBeat. The Account balancing is then determined according to Section 5 of the Agent Conditions.

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17.3 The Notice of Termination shall be sent in writing to Patrick Siebenborn, Sandstr. 18a, 67304 Eisenberg (Pfalz). The written form must be E-Mail (support@bornbeat.com) or Letter.

 

 

18. Final Provisions

 

18.1 The legal Relationship between the Customer and BornBeat shall be exclusively applicable to the Law of the Federal Republic of Germany, with the Exclusion of the International Civil Procedure Law. BornBeat is also entitled to sue the Customer at its general Court of jurisdiction. BornBeat does not participate in a Dispute Settlement Procedure before a Consumer sacking Agency.

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                                                                                                                                                                                              Last Update: 2017/December