Terms and Conditions

1 Introduction

This website is owned and operated by MusicOnPlanet. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors Soundsets for Digital Musical Instruments. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

In order to use our website and/or receive our services, you must be of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

2 Commercial Terms, License and Use

When buying an item, you agree that:

• you are responsible for reading the full item listing before making a commitment to buy it:

• you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process. The prices we charge for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

Your purchase of one of our products constitutes our granting to you of a non-exclusive, non-sublicensable, non-transferable license to download and access that product for the purpose of your own personal use and reference, for your own storage, retention and reference (the “purpose”).

You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose. For the avoidance of doubt, you shall not

• copy,

• re-sell,

• sublicense,

• rent out,

• share or

• otherwise distribute

any of our products, whether modified or not, to any third party. You agree not to use any of our products in a way which might be detrimental to us or damage our reputation.

You shall not attempt to decompile or reverse engineer any software contained on MusicOnPlanet’s web site, remove any copyright or other proprietary notations from the materials, or transfer the materials to another person or “mirror” the materials on any other server.

3 Refunds and Chargebacks

You agree that the execution of the contract will start before the expiration of the withdrawal period. Due to the electronic nature of our products, you agree that the right to withdraw expires with the execution of the contract.

Once a product has been purchased by you, no right of cancellation or refund exists under the Consumer Protection (Distance Selling) Regulations due to the electronic nature of our products. Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter any of our prices from time to time.

4 Warranties and Liability

We make every effort to ensure that our products are accurate, authoritaive and fit for the use of our customers.

However, we take no responsibility whatsoever for the suitability of the product, and we provide no warranties as to the function or use of the product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose.

You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, we shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.

5 Intellectual Property

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of MusicOnPlanet. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.

MusicOnPlanet has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by MusicOnPlanet of the site. Use of any such linked web site is at the user’s own risk.

6 Modifications of terms, services, and user access

Terms

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

Services

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

User Access

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

7 Preference of law and dispute resolution

These terms and conditions constitute the entire agreement and understanding between you and us for the supply of downloadable digital products, and shall supersede any prior agreements whether made in writing, orally, implied or otherwise. The failure by us to exercise or enforce any right(s) under these terms and conditions shall not be deemed to be a waiver of any such right(s) or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter, as a waiver of another or constitute a continuing waiver. You agree that monetary damages may not be a sufficient remedy for the damage which may accrue to us by reason of your breach of these terms and conditions, therefore we shall be entitled to seek injunctive relief to enforce the obligations contained herein. The unenforceability of any single provision within these terms and conditions shall not affect any other provision hereof. These terms and conditions, your acceptance thereof, and our relationship with you shall be governed by and construed in accordance with German law and both us and you irrevocably submit to the exclusive jurisdiction of the German courts over any claim, dispute or matter arising under or in connection with these terms and conditions or our relationship with you.