1. Operators and scope
Provider and operator of the online service (hereinafter referred to as "platform" or "treasureLOOPS") and thus the contractual partner of the User of the service (referred to in the following as "User") is the treasureGROUP Ltd. (GmbH), Hermann-Powerful-Str. 10, 14469 Potsdam, Germany. (hereinafter referred to as "treasureLOOPS").
treasureLOOPS operates extent a platform on the self-produced loops and beats that the User presents (uploads) and controls the rights of third parties, may be purchased for the purpose of further private and commercial utilization.
- means any natural or legal person or association of persons registered at treasureLOOPS.
- means any user who sets an audio loop sound file at treasureLOOPS.
- shall mean any user who will actually download an audio loop sound file set in treasureLOOPS.
- "Audio loop sound file"
- is a temporary self-composed sound event that can be played back repeatedly by technical means.
3. Registration, account and contract conclusion
The use of the platform requires a registration of the User at treasureLOOPS and an account creation.
The registration at treasureLOOPS is free of charge.
The User is obliged to specify the data collected during the registration accurately and completely.
In case of any change of the data collected after registration, the User has to update its details in his/her account immediately.
When registering, the User sets a user name and a password (hereafter referred to as "Access data"). User names, the use of which infringes the rights of third parties, in particular name or trademark rights, or which are otherwise illegal or immoral are not permitted. The user has to keep the Access Data in secret and protected it against unauthorized access by unauthorized third parties. If the User has lost the access or noted or he suspected that his/her data will be used by a third party, he/she must inform treasureLOOPS immediately.
After sending the registration form, the User receives an email from treasureLOOPS with a confirmation link and an activation code, also the main information of the User is summarized once again. If the User selects (follows) the confirmation link, he/she accepts an offer to conclude the agreement with treasureLOOPS. This offer assumes that the User's account will be activated by treasureLOOPS. However treasureLOOPS always reserves the right to reject the registration of the User without giving reasons.
The use of treasureLOOPS by individuals under 18 years is without the consent of the parents and other no or limited legal capacity of natural persons is not permitted.
4. Object of the service
treasureLOOPS offers users a platform with high-quality audio loop sound files, which purchased and downloaded to (limited time self-composed sound event that can be played repeatedly with technical means = audio loop sound file).
In the audio loop sound files are not whole or complete toll pieces of music.
The User/Uploader has to ensure, that to the uploaded audio loop sound files no charges apply for collecting societies for E.g. GEMA and others.
The Uploader has the opportunity to present his/her audio loop sound files and make money with the assignment of rights of use at treasureLOOPS. The Uploader grants treasureLOOPS on the basis of license conditions those rights of use, the treasureLOOPS requires for making available the content to the Downloader. treasureLOOPS involves the Uploader subsequently in the income achieved by means of his/her audio loop sound files (hereinafter "merit").
5. Audio loop sound files download, acquisition of coins
For the download of audio loop sound files, the User basically needs coins, which he/she can acquire making a payment to treasureLOOPS.
For this purpose treasureLOOPS maintains a website ("Buy coins"), on which the user may purchase coins packages at different rates.
In the "Buy Coins"-Shop, acquired coins subscription has duration of 3 months, it is billed monthly and ends automatically. During this period, a sum of coins, depending on the selected coins subscription package is transferred to the User. The subscription ends after the expiration of these 3 months, while the acquired coins in addition, are valid.
treasureLOOPS offers as a payment method a credit card and SEPA direct debit. The terms and conditions of the payment service provider PAYMILL shall apply for payment and the ownership of the claims. These transaction costs are already included in the package of the coins.
The buyer of a coins package receives an invoice in electronic form via email to the email address that is associated with the treasureLOOPS buyer's user account within two business days.
6. Prohibited content and behavior
The User is solely responsible for all content that he/she is operating at treasureLOOPS. He/she is committed to treasureLOOPS, set no illegal contents in treasureLOOPS, in particular any content that
- are of a defamatory or derogatory nature;
- the rights of others to privacy or other personal rights;
- violating copyrights, ancillary copyrights or trademark rights of others;
- contain unexplained samples in the context of loops and beats. In the case of the use of unknown samples which has treasureLOOPS from all claims to keep User/Uploader on first request of third parties;
- otherwise in case of any civil or criminal prosecution;
7. Liability of the user, the exemption
If treasureLOOPS taken in consequence of a culpable violation of the duty of the User by a third party to complete, the User keeps treasureLOOPS from any liability and all costs, dates, including any legal costs request other payable compensation payments in full and on first demand. treasureLOOPS will inform the user immediately about the mobilization, and insofar as this is legally necessary and / or possible, given the opportunity for defense of the asserted claim.
8. Liability of treasureLOOPS
treasureLOOPS is liable according to the legal provisions with the following restrictions: resulting from the loss of data, damage of the registered User so treasureLOOPS for this purpose shall not be liable, unless the damage would have been avoided by a regular and complete backup of all relevant data by the User. Where the actual loss does not affect life, limb or health or guarantees acquired separately, the liability of treasureLOOPS is excluded for contract-atypical or unforeseeable damage if only slight negligence.
9. Term and termination of the User Agreement
The User Agreement is concluded for an indefinite period.
It may be terminated at any time properly from both sides.
An immediate extraordinary termination is treasureLOOPS and the user reserved.
The termination of the agreement must in any case be done in writing.
In the case of a blocking of accounts or a notice is given by treasureLOOPS for an important reason's the affected user is prohibited to register again at treasureLOOPS and to open a new account up to an explicit prior consent of treasureLOOPS.
treasureLOOPS will delete the account of the registered user after the termination becomes effective.
For more information on data protection and data security the user finds, in the privacy of treasureLOOPS.
12. Applicable Law
The contractual relationship between treasureLOOPS and the registered user and these general terms and conditions of use shall be governed exclusively by the law of the Federal Republic of Germany under exclusion of the German international private law.
13. Text of the Agreement
treasureLOOPS provides the basis of these general Terms and Conditions nor in connection with the terms of the separate contracts. The content of the agreements concluded with treasureLOOPS follows from these terms and conditions together with the identity of the User and treasureLOOPS as the parties and the subject matter of the agreements concluded. treasureLOOPS "Text of the Agreement" does not store in this respect specifically to the person of the user.
As of August 2014. treasureLOOPS. All Rights Reserved.