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TERMS OF USE
I. Terms and Conditions of use
The following terms and conditions of use govern your use of the Roba Online Licensing Web site. The Site is made available by Roba Music Verlag GmbH. We may change the Terms and Conditions from time to time, and at any time without notice to you, by posting such changes on the Site. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.
Age Requirement for Use of the Site. This Site is not intended for use by persons under the age of 18 years old. You must be 18 years old or older to access or otherwise use the Site and related services.
Services Available on the Site. We may make certain content and services available to visitors and registrants of the Site. For example, you may be able to read news, articles, interviews and other content, search or browse through music samples, request quotes for music licenses, obtain licenses to use certain music for certain discrete purposes, monitor your account with us, and browse through an online catalog of items available for purchase through our affiliates (these services are collectively referred to herein with the Site as the "Site").
Price Quotes for Music Licenses. Through the Site, you may be able to request price quotes for licenses to use certain music for certain discrete purposes. To obtain such a quote, the Site will make available to you a form to be completed and submitted to us. We will return to you a quote for the applicable license(s). A PRICE QUOTE IS NOT TO BE CONSIDERED AS AN OFFER OR THE ACCEPTANCE OF AN OFFER. IN NO WAY SHALL A PRICE QUOTE CREATE ANY AGREEMENT, LICENSE OR GRANT OF RIGHTS, AND EXCEPT AS EXPRESSLY SET FORTH ON THE SITE, ALL LICENSES WILL BE SUBJECT TO TERMS AND CONDITIONS WHICH ARE MUTUALLY AGREED TO AND EXECUTED OFF-LINE.
Pre-Cleared Music Licenses. Through the Site, you may be able to obtain licenses to use certain "pre-cleared" music for certain discrete purposes by accepting the applicable license agreements (the "License Agreements") electronically online. You may only do so if you are domiciled in Germany. If so, the applicable License Agreements and fee schedules will be made available on the Site. By selecting the "I Accept" button, you agree to be bound by all of the terms and conditions of the relevant License Agreements. Your use of any music is subject to: (1) the terms and conditions of the applicable License Agreements and (2) your payment in full of the applicable license fees either by credit card concurrent with your online acceptance of the License Agreements or by check received by the addressee specified on the Site within seven (7) days after your online acceptance of the License Agreements. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
Proprietary Rights. Your use of the Site does not grant to you ownership of any content, features or materials you may access on the Site. Any commercial use of the Site is strictly prohibited, except as expressly allowed herein or otherwise expressly approved by us. You may not copy, reproduce, distribute or otherwise exploit any music on the Site without our prior written consent. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the German state, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site. You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or otherwise communicate to the Site may be used by us in any manner.
User Information. In the course of your use of the Site, you may be asked to provide certain information to us (such information referred to hereinafter as "User Information”.You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.
Unsolicited Materials. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by e-mail, or in any other way. Unless otherwise expressly agreed prior to your submission of information to us, any information or material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending information or other material to us you represent and warrant that the information is original to you and that no other party has any rights to the material. By submitting or sending information or other material to us you grant us the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in posted materials have been waived.
User Conduct. You warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials that: (a) are protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, except as provided herein or without first obtaining permission from us or the copyright owner; (b) are unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another's privacy, or hateful, (c) restrict or inhibit any other user from using and enjoying the Site, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact. You also warrant and agree that you shall not: (a) impersonate or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming or flooding; (d) retain or attempt to retain copies of audio files that are "streamed" from the Site (sometimes referred to as "stream-catching") or (e) attempt to gain unauthorized access to other computer systems through the Site. Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under German copyright law.
We have no obligation to monitor any content on or through the Site and we assume no obligation. You acknowledge and agree, however, that we do retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our users. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.
You agree to defend, indemnify and hold the Site Proprietors and their directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or the placement or transmission of any message, information, software or other materials through the Site by you.
DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
LIMITATION OF LIABILITY. IN NO EVENT SHALL THE SITE PROPRIETORS OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF SUCH ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL ANY SITE PROPRIETOR BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE SITE PROPRIETORS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $10.00.
Links from and to the Site. You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by Web sites to which you may link from the Site ("Linked Sites"). Links to Linked Sites do not constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such sites. We do not author, edit, or monitor these Linked Sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.
Applicable Laws. We control and operate this Site from our offices in Germany. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Miscellaneous. The Terms and Conditions and the relationship between you and us shall be governed by the laws of the Hamburg district court, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in Hamburg, Germany. You agree to submit to the personal and exclusive jurisdiction of the courts located within Hamburg, Germany. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Modifications to the Site and the Services. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
II. Contact:
Adress:
ROBA MUSIC VERLAG GmbH
Feldbrunnenstraße 50
20148 Hamburg
GERMANY
Tel.: + 49 (0)40 414108 -0
Fax: + 49 (0)40 414108 -0
Email: info@roba.com
Imprint:
ROBA MUSIC VERLAG GmbH
Feldbrunnenstraße 50
20148 Hamburg
GERMANY
Tel.: + 49 (0)40 414108 -0
Fax: + 49 (0)40 414108 -0
Email: info@roba.com
Dresdner Bank AG (BLZ 200 800 00) Kto. 501002000)
CEO/ Owner: Rolf Baierle
Place of jurisdiction: Hamburg HR B 23838
Amtsgericht Hamburg
Umsatz-St.IdNr.: DE 118514585
Tax#. 57-875-03634
Administrator:
florian.prengel@roba.com
To request music files:
info@roba.com
III. Privacy Practices and Policies
This Site provides you with the opportunity to search the ROBA music catalogue, listen to streaming audio samples, design personalized project tools, and submit a request for a license application for specific works of music (a "License Request Form"). The License Request Form is intended only to allow you to request a license for music offered on this Site; an actual license may only be granted offline, subject to a separate written license agreement. ROBA will review a submitted License Request Form and either contact you for more information or forward you a written license agreement.
The information that you provide in a License Request Form will be used to contact you in connection with your request. ROBA may also use this information and your use of the Site to provide you with other ROBA related material that we feel may be of interest to you. You will have the opportunity to request not to receive such other information, though ROBA nevertheless reserves the right to contact you in connection with an executed license for music or a license request.
We will not share the information you provide in the License Request Form with any unaffiliated party without your consent or for any purpose other than as disclosed in this policy. By submitting a License Request Form to ROBA, you represent and warrant that all information that you provide is accurate, complete and current.
If you provide information to ROBA in connection with a promotion with another Web site or entity, the information you provide will be used for the purpose for which you provided the information and will be shared with that partner. Your information may also be used for other purposes that may be disclosed at the time your information is requested.
In order to make the Site more enjoyable for visitors, ROBAconstantly strives to learn how users use the Site. We may use the services of a third party, such as a data processor, for these purposes.
ROBA may disclose or make available information concerning its users to these third parties for these purposes.
[If you would like to listen to audio files available on the Site, you will need to have a listening device, such as MS Media Player, installed on your computer. In order to provide you with a more personalized experience on the Site, ROBA may collect information about your listening preferences and provide you with content and offers based on those preferences.]
Our server automatically collects data about your server's domain address when you visit us. For example, if you visit us from your AOL account, our server will record a visit from aol.com. Our server may also record the page from which linked you to this Site, e.g., via a search engine. We use this information to review how our Site is used in aggregate and non-personally-identifiable form. Our server will not automatically record your name or e-mail address. Your e-mail address and other personally identifying data will be known to ROBA only when you voluntarily submit such information to us through, for example, a License Request Form.
The contents of our song and master catalogues are intended for guidance only. The repertoire contained herein may be available exclusively or non-exclusively and may not be available in certain Territories or at all.
No offer of rights is intended or implied.
All negotiations are subject to contract and we reserve the right to withdraw any title without notice.
Our server also uses "cookies," or text files sent from our server and saved by your World Wide Web browser during your current session on the Site. Once you close your browser, the cookie is terminated. Cookies are not programs and cannot be used to read any data or files on your computer. We use cookies to identify registered users of the Site, and record what pages of the Site are visited. Although you can set your browser not to accept cookies, some features on this Site may not work properly if you do so.
You can make a request to view the information you have provided to us by e-mailing us at info@roba.com. If you find any errors in this information, please contact us and we will try to have the error corrected, or explain how you can correct it.
We retain the right to disclose individual contact information if required to do so by law-for example, pursuant to a subpoena, court order, or in connection with a governmental inquiry.
This Site is not intended for children under the age of 13. If we learn that a person under the age of 13 has provided information to the Site, we will remove that information as reasonably as practicable.
We use reasonable technology to maintain the confidentiality and accuracy of the information you provide to us. However we cannot guarantee that any information you submit to us or that we store on our server will be free from unauthorized third party intrusion.
This Site is hosted and maintained in GERMANY. Users understand and consent to the transfer, maintenance and processing of the information they provide to the Site in Germanyand other countries. German laws apply to and govern the use of the Site.
ROBA may transfer, sell or assign information concerning your use of this Site, including without limitation, personally identifiable information that you provide and other information concerning your use of the Site, to one or more unaffiliated parties, as a result of the sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation of Roba.
If you have any questions or comments about this policy or this Site, please contact info@roba.com
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