GENERAL TERMS AND CONDITIONS EDITION TUNESforMOVIES
Scope of Application
(1) The following General Terms and Conditions (hereinafter “GTC”) apply to any and all uses of the Production Music Library and licenses granted by EDITION TUNESforMOVIES, Ostheimerweg 4, 82319 Starnberg, Germany (hereinafter “TFM”). General Terms and Conditions of the customer do not apply.
(2) By registering on the TUNESforMOVIES-Website in accordance with clause 3 or by requesting the submission of a data carrier according to clause 4, the Customer (as defined in clause 2) irrevocably accepts the application of these GTC.
(3) TFM will notify the Customer of any amendments of or supplements to these GTC in writing (email sufficient). If the Customer does not object in writing (email sufficient) within two (2) Weeks following the receipt of such notification, the Customer’s acceptance of such changes of the GTC is deemed to be given. TFM will advise the Customer of this consequence in the amendment-notification.
(1) TFM makes available to the Customer (hereinafter “Customer”) musical recordings (hereinafter “Recording(s)”) and the musical works embodied in the Recordings (hereinafter “Work(s)”; Recordings and Works hereinafter jointly “Title(s)”) of the Production Music Library for audio-visual media productions (films, advertisements, video games, etc.) in accordance with these GTC and the individual stipulations of the respective license agreement.
(2) Excluded from the licenses granted by TFM are the rights transferred to collecting societies (e.g. GEMA, GVL), which have to be acquired from the respective collecting society. Affected from this exclusion are in particular commissioned and in-house productions of TV-broadcasters for their own broadcasting purposes. Further details are stipulated in the GEMA Deed of Assignment (GEMA-Berechtigungsvertrag), in particular in § 1 i). The Deed of Assignment is included in the applicable GEMA-Yearbook (available under https://www.gema.de/presse/publikationen/jahrbuch.html).
(3) The Titles of the Production Music Library may be listened to and selected either via the online-catalogue according to clause 3 or via sound-carriers lent to the Customer by TFM according to clause 4. The use of the Titles is only allowed after entering into a respective license agreement according to clause 5.
(4) All offers and music you are using from the TUNESforMOVIES-Website (www.tunesformovies.com) are exclusively for business customers of the film, music and media sector (B2B Business) and are not allowed for private use.
- Using the online-catalogue
(1) The Customer may listen to the Production Music Library via the online catalogue on the TUNESforMOVIES-Website (www.tunesformovies.com) and download them after successful registration and activation of a customer access.
(2) For acquiring a customer access, the Customer is required to register on the TUNESforMOVIES-Website and to set a user name and a password. As far as any details are required for the registration, the Customer is obliged to provide complete and correct information. The registration does not establish any right for the Customer to claim activation of the customer access or any specific functions. TFM is rather entitled to deny the activation of the customer access and to delete customer accounts subject to its own discretion.
(3) The Customer is expressly prohibited to make his customer access available to third parties. The Customer is obliged to secure his access data from unauthorised use of third parties. The Customer is furthermore obliged to indemnify TFM from any liabilities in connection with an unauthorised use of the Customer’s access data, unless the Customer can establish prove that he is not responsible.
(4) The Customer is obliged to actualize any changes of customer information in the customer account without undue delay. If any costs should accrue to RR due to a default in actualising the Customer data, the Customer shall reimburse TFM for any such costs.
(5) In case of positive assessment of the Customer’s data, TFM will open a Customer profile and activate the Customer account. After successful activation of the Customer account, the Customer has access to further functions. To the extent that the download-function has been activated, the Customer may download Recordings from the Online-Catalogue.
(6) Copying or recording of the Recordings via digital recording instruments or software while using the listening-function of the Online-Catalogue, is expressly prohibited.
- Selecting Titles via Data Carriers
(1) Upon the Customer’s request, TFM may lend to the Customer data carriers containing Recordings for selecting music suitable for the Customer’s production. However the customer has no legal right to claim the lending of such data carriers. If and to which extent such carriers will be lend to the Customer is at all times subject to TFM’s sole discretion. The data carriers remain the sole property of TFM.
(2) TFM may, subject to TFM’s sole discretion demand the return of the data carriers. In case TFM demands the return of the data carriers, the Customer is obliged to send the carriers back to TFM within three (3) working days. The costs for returning the sound carriers (packaging, porto, etc.) shall be borne by the Customer.
(3) The Customer is liable for any damages, destruction or loss of the data carrier From the day of the Customer’s receipt of the data carrier until the day on which the data carrier has returned to TFM (decisive is TFM’s receipt).
- License Agreement
(1) The Customer is not entitled to use the Recordings without having entered into a license agreement regarding the use of the Titles and the full payment of the license fee.
(2) The license agreement will be established through offer and acceptance. The Customer establishes the offer by submitting the completed license request form to TFM (email or fax sufficient). By submitting the license request form to TFM, the Customer accepts the GTC and the price list as applicable on the day of submission. TFM’s accepts the Customer’s offer by returning the counter signed license request form or the respective invoice for the license fee.
(3) In cases where the Customers uses the Titles for third parties (e.g. service producers, agencies, etc.) and therefore submits a copy notification only, the submission of such copy notification establishes an offer by the Customer’s client. TFM accepts such offer by returning the countersigned copy notification. The license agreement will then be established between the Customer’s client and TFM. The Client hence acts in the name and on behalf of its respective client. The Customer is obliged to send the GTC as of the date of submission of the copy notification to its client. For the rest, the provisions of this GTC apply accordingly.
- Scope of the Licensed Rights
(1) Subject to full payment of the License Fee, TFM licenses to the Customer the right to use the Titles specified in the license agreement one time for the production of the media production specified in the license agreement and to exploit the so synchronised media production for the duration and in the territories and the further conditions stated in the license agreement. Excluded from the licensed rights are the rights which are transferred to collection societies and must be acquired from the respective society. If it is not stated otherwise in the license agreement, the license is unrestricted in time.
(2) For all uses of the Titles without proper licensing an uses which exceed the rights licensed in the license agreement, the Customer has to pay at minimum the double of the ordinary license fee that would otherwise apply according to the price list.
- License Fee and Payment Conditions
(1) The license fee is specified in the price list (available on the TUNESforMOVIES-Website) applicable at the date on which the Customer submits his licensing request and the further conditions specified in the license agreement.
(2) The license fee becomes due upon receipt of TFM’s respective invoice and is payable within 14 days plus VAT.
- Offsetting and retention
The Customer has no right to set of any payment claims unless such claims are non-appealable, undisputed or recognised by TFM. The Customer may only claim a retention right in case such claim is reciprocal and derives from the same contractual relationship.
- The Customer’s Obligations
(1) The Customer is obligated to provide TFM with detailed information with regard to type and scope of use of the Title within two weeks following the completion of the media production. Furthermore, the Customer shall together with such information provide TFM with the cue-sheet that has been sent to the collecting society.
(2) To the extent the performing, broadcasting and mechanical reproduction rights which are managed by the GEMA or any other collecting society, the Customer is obligated to acquire such rights from the respective collecting society.
(1) TFM is only liable for damages which occur in connection with the use of the TUNESforMOVIES-Website and the definition of performance between the Customer and TFM, regardless of whatever reason in particular with regard to breach or contract or unlawful act, only according to the following provisions:
a) In case of intent, claims according to the product liability act and harm to life, body or health, TFM is liable to the applicable legal regulations;
b) in case of gross negligence, TFM’s liability is restricted to compensation of the typical predictable damage provided that such damage is not caused by a leading employee of TFM;
c) in case of simple negligence TFM’s liability is restricted to violation of essential contractual obligations. Essential contractual obligations are obligations on which the Customer may rely on in general and which non-performance would put the achievement of the contractual purpose at risk (“cardinal obligation”). In such case TFM’s liability is restricted to the compensation of the typical predictable damage;
d) in case the Customer is not businessman in the meaning of § 14 of the German Civil Code (BGB) or a legal entity of public law, TFM is liable for gross negligence without restriction.
(2) If TFM should offer on the TUENESforMOVIES-Website any Titles for use without charge, TFM’s liability with regard to defects in material or title of such content, particularly with regard to their accuracy, correctness, absence of defects or the absence of claims or third party rights (e.g. copyrights) is excluded, except in case of fraudulent concealment.
(3) TFM has no control over the content of linked websites. Insofar TFM does not assume any liability for risks and damages of any kind caused by visiting or use of linked websites. To this extent RR expressly distances from all content of linked websites and does not adopt them.
- Courtesy Copies, Self-Advertisement / Showreel
(1) The Customer shall provide TFM with five (5) courtesy copies of the respective media production (DVD or digital format) to the (if available).
(2) To the extent the Customer controls the necessary clip rights, TFM shall be entitled to use the excerpts of the production which have been synchronized with the licensed Title(s) for self-advertising purposes. TFM is especially entitled to make available such excerpts (if applicable with reference to the Customer) on the TUNESforMOVIES-Website, in social networks, YouTube-channels, etc. The Customer grants to TFM such clip rights without restriction in time or territory and guarantees to be authorized to grant such rights to TFM. TFM and the Customer shall, however, discuss in good faith the possibility to use the excerpts prior of TFM’s use.
- Data Protection
With regard to TFM’s legal obligation to inform about the use of data in connection with the use of the Website, it is referred to the data protection declaration.
- Final Provisions
(1) If any or the provisions of these GTC should be or become be invalid, the rest of the provisions remain unaffected. The invalid provision shall automatically deemed replaced by a valid provision that equals the regulation intended by the invalid provision. Any changes of these GTC are subject to the written form requirement as stated hereunder. Same applies to the requirement of the written form.
(2) Venue of performance is TFM’s registered office. If the Customer is a businessman or, legal entity under public law or special fund under public law, the competent courts at TFM’s registered office with regard to all disputes arising out of or in connection with these GTC or the use of the TUNESforMOVIES-Website.
(3) The legal relationship between the Customer and TFM shall be subject to German Law and the UN Sales Convention shall not apply. The regulations of art. 29 para. 1, 3, and 4 of the EGBGB shall remain unaffected.
As of: July 2017