The following terms and conditions govern the use of the DJTUNES websites and - if applicable - other services offered via the internet or a mobile device, hosted by the DANCE ALL DAY Musicvertriebs GmbH, Raiffeisenstr. 4, 83377 Vachendorf-Traunstein, GERMANY, represented by Armin Wirth. The use of DJTUNES websites and the regarding services is only allowed under the following terms and conditions.The present Terms and Conditions also contain the essential information concerning the German law act on the duty to inform and regarding the burden of proof.
As a consumer in the sense of the legal regulations, you may cancel your contractual statement within 14 days without indication of reasons, in textform (e.g. Letter, fax, email). The respite begins after receipt of this instruction in text form, however not before contract conclusion as well as not before fulfilment of our duties to supply information according to Article 246 § 2 in accordance with § 1 Abs. 1 und 2 EGBGB as well as our duties concerning § 312e Abs. 1 Satz 1 BGB in accordance with article 246 § 3 EGBGB. For observing the time limit of revocation, duly sending off the revocation meets the period of revocation.
The revocation is to be addresses to: DANCE ALL DAY Musicvertrieb GmbH, Kampenwandstr. 17, D-83278 Traunstein, GERMANY; info at djtunes dot com.
In case of a valid withdrawal, all mutually received performances as well as emoluments taken (e.g. interest), of applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise to us or can only restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicable. This can lead to an obligation on your part to fulfil the contractual payments until termination. Obligations concerning compensation of payments have to be carried out within 30 days of the declaeration of revocation. The respite starts for you by sending your notification of withdrawal, for us it starts with the respective reception.
Please note: The Right of withdrawal expires premature if the contract is fullfilled entirely by both parties with your explicit consent, before you executed your right of wihdrawal.
§ 1 Definitions
You are user as long as you navigate our websites without being registered. Members are registered users. Customers are members that use a service that is subject to a fee or charge.
§ 2 Conditions of utilisation
(1) To use the services offered to you by DJTUNES to the full extent you need a computer capable of playing back music-files (e.g. via a soundcard), access to the internet (preferable DSL), the latest version of your web-browser and if applicable a CD-burner or a USB or FIREWIRE capable MP3-Player or any future device capable of playing back digital music-files.
(2) The use of the DJTUNES websites, meaning the navigation on the website, the browsing of the range of music and services as well as the pre-listening music tracks is possible without registration. To enable the usage of services subject to a fee or charge and / or to be able to use the community-features of DJTUNES, you have to register, thus be a member. Membership is free.
(3) Every use of DJTUNES is bound to the following utilisation responsibilities.
In using DJTUNES you may not:
Each violation of the Terms and Conditions results in civil law claims by DJTUNES. If you have violated any of the above terms, DJTUNES has the right to refuse your registration or usage of an account or to cancel your existing account.
§ 3 Rights of use and enjoyment
(1) All music-files, materials or clips, and all software, artwork, graphics, video, text, interfaces, trademarks, logos, images, photographs, and any other element of the "DJTUNES" branded websites (collectively "Content"), including but not limited to the layout, election, organization, and co-ordination of such Content on the website is - as ling as not stated different in these terms and conditions - the property of DJTUNES or is licensed to us for the respective use, and is protected by trademark, copyright, and other intellectual property rights laws. Without the prior written consent of DJTUNES, and except as provided in these Terms and Conditions, no Content may be copied, reproduced, transmitted/translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, given away, distributed, digitized, marketed, reproduced, altered to make new works, performed, or compiled in any way to any other computer, website, or other medium for any commercial purpose.
(2) With the purchase of music-files you are granted the simple, non-exclusive, non-negotiable right to use the music-file and related content solely for private and personal purposes. You may copy and use the purchased music-files only for your own enjoyment. This includes the grant of right to copy or burn the music-file to MP3-Players and/or other storage-media or future device and use these for personal and private purposes. In no way you are allowed to safe, copy or offer the purchased music-files, extracts of purchased or offered music-files or relating information, artworks or other contents in data networks by any means. The use of music files for a commercial purpose is forbidden, including but not limited to reselling, distribution, copying, remixing of music files or other uses with the intent of producing income. Within the utilisation of purchased or in other ways offered music-files and relating content you have to follow the statutory provisions, especially the german "Gesetz über Urheberrecht und verwandte Schutzrechte (Urheberrechtsgesetz)" and the national laws following the "Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society".
(3) For the duration of a Streaming subscription you are granted the simple, non-exclusive, non-transferable right, to select music files online and to listen to the selected music files in way of streaming arbitrarily frequently and in full length. You may create and administer your own playlists and publish them in the community area of DJTUNES. A use going beyond the mentioned is not permitted. Permanent storing of music files on any device (downloading) is non-permissible. The duplication of the music files, the production of copies and/or recording of individual music files or assembled playlists and the commercial use of the music files and playlists are non-permissible, in particular the sale, distribution and marketing of music files or playlists is non-permissable.
(4) You can pre-listen music-files at DJTUNES. The quality of pre-listened music-files differs from the quality of the finished product (i.e. the music file you purchase and download). You are not allowed to record pre-listening files or use them in any way other than listening to it from the website. You may not downoad, record or copy streamed media. You may not use streamed media by any commercial means, including but not limited to selling, distributing or making them otherwise available to third.
(5) Any violation of the granted rights makes you liable to damages done to the holder of the respective intellectual property right and/or copyright and may involve prosecution, penalty and conviction. DJTUNES will file charges for each exceedance of the granted rights and will take legal steps against it.
§ 4 IDV3-Tags, security technologies
(1) The offered music-files may contain IDV3-Tags, which deliver information concerning the music files. This may cause that players which do not support IDV3 may not recognize the music files as such.
(2) Any security technology that is provided as part of the downloaded music-files is an inseparable part of the downloaded music-files. Deleting a security technology from a music files is a violation of this Terms and Conditions.
§ 5 Registration
(1)You can apply for an account by choosing a member-name and member-login password in the course of registration. A member account is granted without temporary restrictions and authorizes you to use and administrate your DJTUNES services. The use of several services requires the additional conclusion of contracts, whose regulation you find at the according position of these Terms and Conditions.
(2) When filling out the registration request truthful data is to be given. In case of improbable or incorrect data we reserve ourselves the right to reject the requested account or directly cancel the registration
(3) Due to legal regulations we cannot accept members younger than 14 years of age. Members of at least 14 years of age need the consent of their legal representatives until completion of their 18th year. You may not create an account for your corporation or other business entity.
(4) After an examination of your data we dispatch the confirmation of your member account. With the confirmation of your registration at DJTUNES a contract is concluded that allows you to use our services as a customer. With a registration as a customer at DJTUNES you explain your agreement with this Terms and Conditions.
(6) There is no right to optain a member profile, DJTUNES may deny your registration withoit giving cause.
§ 6 Liability for the member account
(1) The use of the member account is entitled only to you as respective customer. In respect to this, you are bound to protect your account information against the access of third natural persons or legal entities. It is forbidden to provide third with your account information. Account information in this sense are all sequences of numbers and/or letters which serve to exclude the use of your member profile by unauthorized persons, consequently code- and/or passwords. For damage and costs caused by third users via your account or your IP address you are personally responsible, if you cannot prove other.
(2) You are responsible for the correct input of data necessary for the processing of contracts and/or the use of our services. Changes on this data are to be communicated - as far as this is possible - immediately and personally online, otherwise immediately by E-Mail to DJTUNES by using the contact-form. As far as you cannot prove the fact that no obligation injury can be put to you, you are hold responsible for the abusive use of your member profile.
(3) A transmission of the member account to a third person is only possible with the previous written agreement of DJTUNES. Any violation of this obligation makes you liable to damages and may involve prosecution, penalty and conviction.
(4) Please also read § 17 of this Terms and Conditions concerning the further liability of members, users and customers.
§ 7 Community functions
(1) As a DJTUNES member you can evaluate and comment all tracks available at DJTUNES, create a (public) User-Profile, write messages to other users and create your own playlists and newsposts. Creating playlists and newsposts is reserved to members who already bought music at DJTUNES. You have to respect the behavioural obliations mentioned under § 2 of these user terms.
§ 8 Prices and availability
Prices of the individual music titles or streaming subscriptions are indicated in relation with each product or service and is - after you added the product or service to your shopping cart - shown and summarized in the shopping cart. All prices are quoted including legal value added tax, which is 19 % in Germany. Due to license arrangements it may occur that some music files are available only in certain countries, certain quantities, for a certain time or country-specific at differing prices or at changing prices. Further details on payment and costs of a respective service subject to a fee can be found within the description of the respective service.
§ 9 The DJTUNES Wallet
(1) The DJTUNES Wallet is your virtual purse, allowing you to use fee-based services at DJTUNES. The Wallet is functioning like a banking account you keep at DJTUNES. Every transaction made at DJTUNES is handled via the Wallet. It serves the simplification of payment transactions at DJTUNES and spares you from submitting your personal payment information when handling fee-based services.
(2) You can top up your Wallet via credit card payment or using a third party's electronic payment system. Please attend the details on conventional payment-methods in § 10 and 11.
(3) Further there is the possibility to boost your wallet with promotion-codes edited by DJTUNES. There is no claim for the receipt of promotion-codes, as long as they are not explicitly offered by DJTUNES.
(4) After the transferred money is received by DJTUNES, the respective amount is credited to your Wallet. Please notice that we are depending on the time your bank needs to effect the transaction and crediting your Wallet is only possible after we received the transaction.
(5) With crediting your DJTUNES Wallet you gain the right to attend fee-based in tune of the respective amount. Please take notice of the right of withdrawl at the beginning of these Terms and Conditions. When you delete your DJTUNES account, you cannot use up the amount credited to your Wallet. If you choose to become a member again, using your "old" member nickname, your account will be restored including your credit account, unless you choose to delete all of your personal data when deleting your profile. Even though it is recommended to use up the credit in your Wallet before deleting your account. Please read part 9 with respect to deleting your account.
§ 10 Payment Conditions
(1) To pay for music files, services, subscriptions or other content that is subject to a fee you have to supply DJTUNES with information and details on your preferred payment method. The payment for fee-based content can be effected via the DJTUNES Wallet, credit card or electronic payment systems by third parties, whereas the respective payment system operator's terms and conditions apply in each case. Completion of fee-based legal relations takes place using our secure servers.
(2) Back-posting fees of banks and savings banks resulting from wrong account data or back-postings and not based on DJTUNES' negligence are imposed upon to you.
(3) With indication and/or confirmation of your payment details you authorize DJTUNES or the operator of the payment system to collect the appropriate amount. In any case you are obligated to payment in advance, which means the purchase price becomes due immediately with contract conclusion.
§ 11 Conventional payment methods
(1) To pay by credit card you have to submit details on the type of credit card used, your credit card number, the credit card owner's name, the expiry date of the credit card and the VBN-number. Please notice that DJTUNES is not allowed to accept credit card payments effected from credit cards owned by third and DJTUNES therefore reserves the right to refuse your registration or purchases. Your credit card will be charged immediately after placing your order.
(2) You may also effect your payments using electronic payment systems provided by third parties. You will have to verify DJTUNES as authorized for collection. This verification is enabled during the payment process via a link or a Pop Up window leading you to the respective payment system's operator. The respective costs are likewise indicated to you before contract conclusion. Your bank account will be charged immediately after placing your order if you choose to pay via direct debit.
§ 12 Music-downloads
(1) Music-downloads are subject to a fee as far as not expressly differently indicated. DJTUNES offers its music files in the MP3-Format (128 kbps or 320 kbps quality). For the purchase of a music file you have to log into DJTUNES with your member name and password. A music file must first be added the shopping basket and can then be bought out of the shopping basket or the "My DJTUNES" area. You will have to supply the required data and attend the following remarks.
(2) You buy music files from your shopping basket. The costs resulting from a purchase are indicated regarding certain contents and are summed up in your shopping basket including value added tax. In order to purchase content from your shopping basket, first click on the according indicated link. After the steps of purchasing have been carried out DJTUNES notifies you by E-Mail including your receipt. Your order represents an offer to purchase a product which is accepted by us when we send you an order confirmation via e-mail or provide you with the download link to the purchased file. Details on payment can be found in point "V Payment transactions at DJTUNES" of the terms and conditions.
(3) After an automated electronic examination of your provided payment, links to the respective files will be shown via that you can download the just bought music. If you wish to effect downloads at a later point in time, you may do so by logging in at DJTUNES and accessing the "My DJTUNES" area. There you will find a link to your downloadable files. If you have problems effecting the download, the downloaded music file is defective or the download aborted without any effort on your part, DJTUNES gives you the chance of downloading the music-files again for up to two times. If you still encounter problems with your downloads please contact DJTUNES using the contact form. Downloads can also be effected at a later point in time, by logging in to your "My DJTUNES" area and going to the "My Download area".
§ 13 Streaming Subscriptions (soon)
§ 14 Storing / Saving of contracts
We point out that you can access, save and print this Terms and Conditions when you access to an respective offer or visit our website. In your user-account a history of your last transactions and purchases is kept. After purchasing music titles a bill will be sent to your E-Mail address.
§ 15 Warranty Claims
You are entitled to submit warranty claims as stipulated by German law. Please be aware that German law applies to each contract relation between you and DJTUNES. Concerning claims made valid by customers, who are not consumers in the sense of § 13 BGB (German Bürgerliches Gesetzbuch), DJTUNES is justified after its choice to defect removal or replacement. If neither is possible, the customer is entitled to require reduction of the purchase price.Please notice that the circumstance that some MP3-Players don´t support files with IDV3-Tags is not concerned a flaw of the music file.
§ 16 Set-off and lien
Your right to offset against claims demands your counterclaims are validly determined or are undisputed or accepted by DJTUNES.
§ 17 Limitation of warranty claims
All claims for damages - excluded claims in tort - fall under the lawful statute of limitations starting at the end of the year the damage occurred and knowledge of the contractual partners is given.
§ 18 User / Member / Customer liability
(1) Users of the DJTUNES websites are liable for violation against this Terms and Conditions, including but not limited any violation of utilisation responsibilities. Users are also liable for charges and damages resulting from false statements during the registration process, not being due to a default by DJTUNES.
(2) Members are liable to all claims arising from their utilisation of the DJTUNES websites, included but not limited to breaches of this present Terms and Conditions and the utilisation responsibilities. Members are responsible for Links they post and comments they post using community-functions. Members are liable for their account within the scope of this present terms and conditions.
(3) If rights of utilisation are exceeded, the member identified as customer of the respective product by our watermarking, is liable, unless the member can proof that he didn't incur a breach of duty or os not liable for duty-vreaches by third persons.
§ 19 Liability of DJTUNES
(1) In case of intent and rough negligence DJTUNES clings for damage attributed to us unrestrictedly, however only in the context of the company form of the limited company (German GmbH) and its legal limit of liability. As far as an assignable obligation injury is attributed on simple negligence or a substantial contract obligation is culpably breached, our liability is limited to the typical, predictable, comparable damage. In the case of injuries of life, body or health or a liability after the German Produkthaftungsgesetz the liability is unlimited in the context of the company form of the GmbH.
(2) The above mentioned term (1) is applicable to all claims of damage (including indemnification and compensation) regardless the cause in law, especially regarding shortcomings, breach of duty or tort. It is also applicable for useless expenditure, default and the impossibility of performance.
(3) A liability for the substituiton of indirect disadvantages, especially for loss of profit, is only warranted in cases of intent and culpable negligence of executives, legal agents or other servants of DJTUNES.
(4) A disadvatage concerning the users' burden of proof is not linked to the aforementioned regulations.
§ 20 Limitation of liability and disclaimer
(1) DJTUNES is not liable for data and information provided by . In particular DJTUNES is not liable for incorrect transmission to the E-Mail address indicated by you due to circumstances DJTUNES is not accountable for.
(2) DJTUNES liability for data loss is restricted to cases caused by errors or breakdowns occurring to our own servers. DJTUNES is not liable for data loss and/or hardware malfunction occurring to the users, customers or members caused by errors or breakdowns occurring to our servers or by their use of incompatible hard- and software, already consisting problems in configuration and/or old, useless or incomplete erased or installed drivers, data or data-fragments.
(3) We are not responsible for damage, which results from viruses, which infect your computer, your software, your data or your other property in context of any use of our web pages. DJTUNES is not liable for damaged or destroyed music files you already downloaded.
(4) DJTUNES is not liable for the loss, damage or destruction of music files you already downloaded.
(5) While DJTUNES endeavours to ensure to be normally available 24 hours a day, we will not be liable if for any reason the "DJTUNES" branded websites are unavailable at any time or for any period. In particular DJTUNES is not liable for the loss of profit due to unavailability.
(6) In the case of use for purpose other than intended as well as during neglect of the prescribed way of use or during neglect of the indicated exclusions of the use of DJTUNES' services and products the liability of DJTUNES is excluded.
(7) DJTUNES assumes no liability for troubles concerning the network, which are not caused by DJTUNES.
(8) As long as there is the possibility to get connected to databases, websites or services of third parties, for example via links, DJTUNES is not liable for accessibility, constancy, or safety of these databases or for the content on linked websites. DJTUNES is especially not liable for the legality, contentwise correctness, completeness and/or actuality.
§ 21 Consequences of default
(1) In case of your default in payment, DJTUNES is justified to demand default interests at a value of 5 percent points over the German Federal Bank's given basis interest rate per annum. DJTUNES is entitled to lodge a higher claim if a higher damage caused by default is provable developed by DJTUNES.
(2) If DJTUNES is in default of a contractual service, we are unrestrictedly liable including liability of coincidence, unless the damage would also have occurred with punctual service.
§ 22 Liability for third-party services
There may be services provided by third parties announced on the DJTUNES website(s). As far as you choose to access these third party services, you solely contract with the third parties.
§ 23 Liability for links
(1) The "DJTUNES" branded websites may also contain links to third party websites. If you use these links, you leave DJTUNES. DJTUNES' host does not control these websites and is not responsible for these websites or their content or availability by any means. DJTUNES therefore neither endorses nor makes any representations about them, or any material found there, or any result that may be obtained from using them. If you should decide to access any of these third party websites linked to the "DJTUNES" branded websites, you do so entirely at your own risk.
(2) By using community functions, you may link to other websites. It is forbidden to link to websites with content violating the laws. DJTUNES reserves the right to delete links without mentioning the cause of the deletion.
§ 24 Termination of the member account
(1) You can cancel your DJTUNES member account at any time by deleting it in the member area of DJTUNES, i.e. the "My DJTUNES"-section.
(2) When deleting your account you will be asked if you want all of your personal data which is stored on our servers to be deleted. Please note that with the deletion of these data likewise all contractual relations, you effected with your member account are deleted and will no longer be available for you. Neither credit notes nor the assets on your DJTUNES Wallet (§ 10) nor subscriptions can any longer be used up or otherwise be demanded. We therefore call upon you to use up your credit notes, Wallet assets and subscriptions before terminating your account and the related data.
(3) However if you decide to terminate your account without deleting your personal data, you can register with your old nickname at a later point in time again and get access to your assets like you never terminated the account.
(4) In any case of termination, be it on your behalf or on the behalf of DJTUNES, it is impossible to download purchased music files or get hold of your download history again after re-registering. Therefore we recommend to keep the respective vouchers and invoice as prove of your purchase and to provide backup copies of downloaded music.
(5) When cancelling your account, most of the data you contributed to the DJTUNES community, will be lost. Ratings, comments and forum entries are obtained even after the termination of your account.
§ 25 Special Terms concerning streaming subscriptions (soon)
§ 26 Blocking and deleting of an account on behalf of DJTUNES
(1) DJTUNES reserves the right to block a member's account in case of violation of any parts of these terms and conditions and unlock it only after settlement of any (legal) conflicts or omission of obligation injuries.
(2) In case there are tangible hints that a member violates legal regulations, the present terms and conditions or third party rights, or if DJTUNES holds another legitimate interest, particularly in order to protect members from fraudulent activities, PinkMap is authorised to conduct the following actions:
(3) A member can be irrevocably excluded from usage of DJTUNES if he:
(4) There is no claim on recovery of a membership account or the content related to it after a member was finally blocked. The blocked member must not use DJTUNES with another membership account either and must not sign up anew.
§ 27 Practice of rights through third parties, contract novation, closing down of business
(1) DJTUNES may entitle third parties to carry out its contractual dutys and / or rights.
(2) With an announcement period of four weeks DJTUNES is entitled to transfer its rights and obligations from this contractual relationship totally or partly to third parties. In this case the member is entitled to quit the his membership by email to DJTUNES.
(3) With an announcement period of 14 days DJTUNES is entitled to stop its rights and obligations from this contractual relation totally or partly. This is also valid for the opertion of the total platform. We will inform you in this case of the forthcoming deletion, so that you can use up acquired credits.
§ 28 Extraordinary notice of cancellation
The right concerning extraordinary notice of cancellation of the member account and/or the streaming subscription for important reason remains reserved to the contracting parties. The notice of cancellation may take place on both sides in writing or by email.
§ 29 Use of mobile devices
(1) DJTUNES is entitled to edit, process, adept or change content that was integrated by users for public purpose, in order to make them displayable on mobile devices.
(2) Before entering into a contract using a mobile device, you are obliged to check back on the legal scope of your action, especially if the prior notice of terms and conditions only available on the DJTUNES website is necessary.
§ 30 Changes, deviations and/or additions of these present terms and conditions
(1) Changes, deviations and / or additions to the present terms and conditions by a user or customer are only possible when DJTUNES acknowledges them by ist written consent. The written consent ios also necessary to deviate from the necessity of written consent.
(2) DJTUNES informs it's members concerning changes, deviations and / or additions to the present terms and conditions by DJTUNES with electronic notice.
(3) Members will be informed about changes, deviations and / or additions to the present terms and conditions by a notification in the member area. The changes are applicable 14 days after notification. If you log into your account after the new Terms and Conditions are in use, you accept the changes to the Terms and Conditions. If you dont accept the changes to the terms and conditions, please delete your account or notify us regarding your will to cancel your membership.
§ 31 Applicable Law, place of jurisdiction
(1) These Terms and Conditions are subject to the laws of the Federal Republic of Germany under exclusion of the UN Sales Law. In case of tort (civil offence) following Art. 40 of the German EGBGB (Einführungsgesetz zum Bürgerlichen Gesetzbuch) you may choose between the appliance of the law of the place of delivery or the place of action, as far as possible governed by the following terms. In case of a legal conflict your choice between the respective laws has to be made until the beginning of the first oral proceedings.
(2) Place of jurisdiction and venue is as far as admissible the place of fulfilment, i.e. Bochum, Germany. This does not apply if you are consumer as stated in § 13 BGB, meaning a natural person, contracting for purposes not assignable to her commercial or self-employed activities. If you are consumer, place of jurisdiction is assigned by the statutory provisions.