MusicSoftEurope & Midipiraten (UG haftungsbeschränkt)
An den Bänken 3
12589 Berlin
As of November 2023
Introduction
MusicSoftEurope is an online shop from Midipiraten UG (haftungsbeschränkt). Midipiraten UG (haftungsbeschränkt) sells and produces music files under the name MusicSoftEurope. These files are midifiles (music titles), styles (accompaniment rhythms), registrations (register settings), voices / patches (sounds that can be played on the keyboard) and audio files for keyboard instruments. The customer knows which files are suitable for which use on the customer side or are compatible with his musical instrument and is not covered by a guarantee from Midipiraten UG.
Song texts, notes and chords that are supplied and incorporated into Midifiles as XF meta information are offered as a free service. Midipiraten UG assumes no liability for incorrect texts, chords and their representation on the keyboard instrument display.
Validity
The provider of this website and contractual partner for orders is the company Midipiraten UG (haftungsbeschränkt) with the data specified in the imprint (hereinafter “provider”). These terms and conditions apply to all orders placed by customers on this website, regardless of whether they are consumers or entrepreneurs. The inclusion of ABG of the customer is hereby contradicted.
Conclusion of contract
By placing an order by clicking on the “Order for a fee” button, the customer submits a legally binding offer to purchase the products in the virtual shopping cart. A contract is only concluded when the provider accepts this offer. Acceptance can take place through an order confirmation in text form, fulfillment of the offered contract or request of the customer to pay.
Content of the contract
The data entered on the website during the ordering process (content of the virtual shopping cart, delivery address, billing address, payment information, etc.) are decisive for order processing. The following changes can be taken into account by way of goodwill, but there is no entitlement to this.
The product descriptions are not guaranteed properties. The customer declares that he is aware of the technical requirements for using the products, even if only short names or product categories are specified (e.g. GM for General MIDI). If the customer has any questions, they can contact the provider before ordering.
Digital Content Rights
In the case of digital content that is not offered on a physical data carrier, with the conclusion of the contract, the customer acquires the right to download as well as a simple, unlimited right of use in accordance with the following provisions:
The products purchased by the customer can be used for commercial and non-commercial performance or music production. The customer’s attention is drawn to the fact that a public performance must be registered with GEMA. The provider is not liable for claims by third parties due to infringement of property rights, provided the customer is responsible for them. Should third parties assert such claims against the provider, the customer releases the provider from this.
All products are protected by copyright and are the intellectual property of the provider. The customer or his employees (licensee) are not entitled to copy the product or parts of the product or have them copied. This also includes technical imitation or reverse engineering. The recovery of the products or parts of the products is the sole responsibility of the provider. It is strictly forbidden to use the products (in particular audio files, MIDI files, registrations, their demos or default settings) for the production of your own repackaged product for electronic musical instruments of any kind. The customer is liable to the provider for any loss or damage in connection with unauthorized reproduction or exploitation that has not been approved in writing.
Any provisions on rights of use contained in the product description take precedence over these terms and conditions.
The granting of rights only becomes effective once the remuneration owed has been paid in full. Until then, the provider can temporarily allow the customer to use it. This provisional granting of use can be revoked at any time.
Retention of title
The provider retains ownership of the delivered goods until the purchase price has been paid in full.
Right of withdrawal
When ordering digital content for download, it is pointed out that by ordering the customer agrees that the provider will begin executing the contract before the withdrawal period has expired. As a result, the customer loses his right of withdrawal at the start of the execution of the contract.
In the case of ordering goods, consumers have a right of withdrawal. Details can be found in the provider’s cancellation policy.
Place of jurisdiction and applicable law
German law applies to all legal relationships between provider and customer with the exception of the UN sales law. For consumers, this choice of law only applies insofar as there are no mandatory legal provisions of the state in which the consumer has his habitual residence.
If the customer is not a consumer, the place of fulfillment and jurisdiction is the provider’s registered office.
As of November 2023
contact: support(at)musicsofteurope.eu