Service Terms of CultureLoad



Preliminary remark


(1) CultureLoad operates under www.cultureload.net a platform on which artists provide audio (e.g. music, audio books, and readings), video, text or photo files (hereinafter referred to as objects) for retrieval (download/stream) for you.
(2) This contract shall regulate your rights and duties in connection with the use of the platform by CultureLoad.
 


A. Scope of application of the Standard Terms and Conditions of Business


These Service Terms of CultureLoad shall apply to each legal transaction between you and CultureLoad; they shall apply exclusively, unless amended by an express written agreement between you and CultureLoad.
 


B. Application for registration and conclusion of the contract 


a) Application for registration

You may only retrieve the entire services of CultureLoad if you have applied for registration beforehand on the platform under www.cultureload.net stating the data requested in the registration mask.
 

b) Conclusion of the contract

(1) The offers on the Internet page of CultureLoad shall represent a nonbinding invitation to you to procure services at CultureLoad.
(2) By clicking on the order button, you make a binding offer to conclude the intended contract to CultureLoad. CultureLoad may accept the offer with an order confirmation, which shall be sent to you per email by CultureLoad no later than 48 hours after sending your email to CultureLoad. If the period set expires without a reaction by CultureLoad, CultureLoad shall reject the acceptance of your offer.


 

C. Rights and duties 


a) Your rights and duties as user 

aa) Standard duties
(1) The services by CultureLoad are intended exclusively for your personal use and may not be used in connection with commercial purposes, with the exception of purposes that have been expressly approved by CultureLoad.
(2) You may only apply for registration if you are at least 12 years old. If you are 12, but not yet 18 years old, you must obtain the prior consent of your legal representative for the conclusion of the contract, unless the expenses are brought about by funds that have been entrusted to you for this purpose or for free disposal by your legal representative or with his / her prior consent by a third party.
(3) You confirm that all details that you enter into the registration mask are correct.
(4) You shall neither permit third parties to use your user access (account) nor grant access to this or its use.
(5) You shall inform CultureLoad without delay if you have the suspicion of an unauthorized use of your account or an access to your password. You are solely responsible for the use of your account.
(6) You shall have the possibility to allocate a photo to your user name. You affirm that you have the required rights to have the photo published in the Internet.
(7) The content of your commentaries on www.cultureload.net shall not be in breach of applicable law.
(8) You shall inform the administrator of CultureLoad by EMail if you discover unlawful objects on the pages of CultureLoad.
 
bb) Password
When applying for registration at CultureLoad, you must select a password. You undertake to keep the password secret and not pass this on to third parties. Keeping the password secret shall be exclusively and solely on your responsibility.
 
cc) Download of Objects
(1) You shall have the possibility to download objects.
(2) You shall not use the account in such a way that an overloading of the platform www.cultureload.net occurs.
 
dd) Streaming of Objects
(1) You shall have the possibility to stream objects without saving.
(2) You shall not use CultureLoad in such a way that an overloading of the platform www.cultureload.net occurs.

ee) Promotion of Objects (Widgets)
(1) You shall have the possibility to promote objects by artists and labels within “widgets” on external websites in case it is not prohibited by the external website.
(2) You get a commission on all sales that were made through the widgets that you have implemented on other websites. The amount of commission is depending on the share that the artist of an object is willing to offer. It is displayed on the page where you can create a widget.
(3) You can use your earned commission for all payments on CultureLoad or can request a withdrawal to your PayPal or Moneybookers account. The minimum amount for payouts is 10 Euro.


b) Rights and duties of CultureLoad 

aa) Standard duties
(1) CultureLoad shall provide a platform under www.cultureload.net, which displays functionalities based on which you have the possibility to acquire objects with rights of use, which the artists have specified.
(2) You may search through categories. You may write commentaries on the fan page of an artist if you are logged in.
(3) CultureLoad shall make available to you the use of an email tool.
(4) You shall not use the email tool for the spread of dishonest advertising or SPAM messages and no viruses or other damaged files (in Zip, RAR) through the portal of CultureLoad.
 
bb) Claim for indemnification and costs of the usage by CultureLoad
You shall indemnify CultureLoad against all third party claims in the case of a breach of the obligations stated in the foregoing section (C. b) aa) (1) (4)) of these Terms of Services and shall support CultureLoad in the defence of the usage of CultureLoad by third parties. You shall bear any costs (legal representation, court fees, penalties, etc.) that arise through this.
 
cc) Costfree services
If CultureLoad provides costfree services or performances, these may be modified or discontinued at any time and without prior notification. You are not entitled to any claims for supplementary performance, reduction of the purchase price, reimbursement or damages based on the modification or discontinuation.
 
dd) Availability
(1) The platform of CultureLoad shows a 95% availability of the services. This means that the platform is online for 478 of 504 hours in a period of 21 days and is thus available.
(2) CultureLoad must regularly carry out both scheduled and unscheduled servicing work, which in total may not exceed 25 hours in a period of 21 days. All servicing work shall be announced to you in a suitable form no later than two days before its performance and takes place on the date announced in the time announced.
(3) When selecting the date and duration of the scheduled servicing work, CultureLoad shall take into account your legitimate interests to an appropriate extent.
(4) In the event of unscheduled servicing work on the platform www.cultureload.net, CultureLoad shall commence and carry out the required work without delay. If the unscheduled servicing work may have or have effects on services for you, CultureLoad shall inform you without delay in suitable form (e.g. on the platform www.cultureload.net or by email) about the malfunction or disturbance and the expected duration of the malfunction or the disturbance.
 

 

D. Interests in the objects, prices, payment conditions, setoff and right of retention 


a) Interests in the objects

Each artist shall allocate a licence to each object, which shall be oriented to the Creative Commons Licence or to the licence conditions set by the GEMA (Gesellschaft für musikalische Aufführungs und mechanische Vervielfältigungsrechte) or comparable international collecting societies. You shall therefore acquire the rights that are identified for each individual object.
 

b) Prices

(1) The usage of services of CultureLoad shall be settled in Euro.
(2) For the download, the prices in Euro applicable at this time, which are published on the website of CultureLoad, shall apply.
(3) For the stream, the prices in Euro applicable at this time, which are published on the website of CultureLoad, shall apply.
 

c) Settlement and costs of the payment

(1) You may only acquire objects on the CultureLoad platform if you have first concluded a contract with the payment services provider "PayPal" (www.PayPal.com) or "Moneybookers" (www.moneybookers.com) and your account there shows money on account sufficient for the price of the object requested or if you have sent money via bank transfer.
(2) For adding funds on CultureLoad via PayPal or Moneybookers there is a minimum incoming payment amount of 5 Euro. Incoming payments via bank transfer do not have a minimum amount.
(3) CultureLoad points out that the use of these payment services providers is subject to regulations on their part, and namely in particular with regard to minimum outward payment and maximum incoming payment amounts.
(4) CultureLoad reserves the right to charge you the real transaction costs by PayPal and Moneybookers in future.
(5) CultureLoad reserves the rights to enable downloading of  purchased files once the transfer is finished.

d) Setoff and right of retention

(1) You may only set off against CultureLoad with counterclaims that are undisputed, disputed and ready for a decision or confirmed by final judgement.
(2) You shall only be entitled to assert a right of retention on account of counterclaims arising from the respective contract.
 

e) Assignment

You may not assign claims arising from this contract with CultureLoad without the prior consent of CultureLoad, unless this is expressly permitted in an individual contract.
 

f) Performance of the contract by third parties

CultureLoad is entitled to engage the services of third parties to perform the obligations incumbent on it.

 
 

E. Limitation on liability 


(1) Your claims for damages or the reimbursement of futile expenses shall be guided by the following regulations.
(2) For damage or losses arising from the injury to life, limb or health that is based on a negligent breach of duty by CultureLoad or an intentional or negligent breach of duty of a legal representative or vicarious agent of CultureLoad, CultureLoad shall have unrestricted liability.
(3) In other respects, CultureLoad shall have unrestricted liability only in the event of the nonavailability of the guaranteed quality and for intention and gross negligence of its legal representation and vicarious agents.
(4) CultureLoad is only liable for simple negligence if a duty is breached whose observance is of particular importance for achieving the purpose of the contract (cardinal obligation). In the event of simple negligence of a cardinal obligation, the liability shall be limited to 100 € as well as to such damage or losses whose occurrence must typically be expected within the scope of contracts of the present type.
(5) This shall not affect liability under the German Product Liability Act [Produkthaftungsgesetz].
(6) Liability for data loss shall be limited to the typical restoration expense that would have arisen in the event of regularly making backup copies in accordance with the risks, unless one of the preconditions as provided in para. 2 is satisfied.
 

 

F. Termination of the contractual relationship 


a) Termination by you

You may terminate and thus end the contractual relationship with CultureLoad at any time. It shall be sufficient to cancel the account through the function provided.
 

b) Termination by CultureLoad

CultureLoad shall have the right to terminate the contractual relationship at any time by giving 14 days' notice.
 

c) Termination without notice on grounds provided for by statute or agreement by CultureLoad

CultureLoad shall have the right to terminate the contractual relationship without notice on grounds provided for by statute or agreement if you have acted in breach of C. a) aa) (7) or C. b) bb) of these SERVICE TERMS. CultureLoad shall in this case additionally have the right to cancel all your commentaries from the platform without delay.

 
 

G. Final provisions 


a) Applicable law

(1) The law of the Federal Republic of Germany shall apply exclusively to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, CISG).
(2) If a provision has not become part of the contract or are ineffective in whole or in part, the contract shall remain effective in other respects. If the provisions have not become part of the contract or is ineffective, the content of the contract shall be governed by the statutory provisions.
 

b) Amendment to the contract, written form

(1) Any changes or amendments to a contract must be made in writing. Changes and amendments must be expressly identified as such and signed by you and CultureLoad.
(2) No incidental verbal agreements have been reached.
 

c) Amendments to the Service Terms

CultureLoad is entitled to change or amend these service terms at any time by observing an appropriate notice period. You shall have the right to object against the change or amendment. If you fail to object to the notification of a change within six weeks after the receipt of the notification of a change, the changes or amendments shall be effective. CultureLoad shall inform you about the possibility of raising objections and the set period for raising objections together with the notification of a change.


Effective: December 2009