(1) TerraSound is a service of Dag Reinbott, Scharnweberstr. 53, D-12587 Berlin.
(2) TerraSound offers a catalog of GEMA-free music via the website terrasound.de which can be licensed for the intended use by means of a simple procedure. By licensing music or other sounds (hereinafter referred to as "works") via the website terrasound.de a license agreement is concluded between TerraSound and the purchaser according to these General Terms and Conditions with regard to the selected work.
(3) The following General Terms and Conditions apply to all licensing via the website terrasound.de by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
With respect to entrepreneurs these General Terms and Conditions shall also apply to future business relations without TerraSound having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if TerraSound has expressly agreed to them.
(1) The offers of TerraSound represent a contractual offer to the purchaser to license the works. With the execution of the order process and by clicking the button "buy now" (for PayPal "pay now") a license agreement is bindingly concluded. Immediately after sending the order, the purchaser will receive an email confirming that the contract has been concluded.
(2) With this email, the purchaser also receives a download link with which he can download the licensed work. The download link remains permanently valid and is accessible from the user account. The work is available in WAV, 44.1kHz, 16bit, stereo format.
(3) Input errors can be corrected directly in the order form.
(4) The German language is available for the conclusion of the contract.
(5) The text of the contract will be saved by TerraSound after the conclusion of the contract and the order data as well as the General Terms and Conditions will be sent to the purchaser by email in the confirmation of the conclusion of the contract. The General Terms and Conditions can also be viewed and downloaded here on this page at any time.
TerraSound offers the following license types. The use of a work which by its nature does not fall under any of these license types requires a separate express written agreement, e.g. for commercials on TV, radio or cinema. For each license type, the types of use covered by that license type are listed.
Includes the use of a Piece of music in a single Project of a Licensee:
Includes the use of a Piece of music in any number of projects of a Licensee
Includes the following type of use:
(1) TerraSound grants the purchaser a non-exclusive right of use to the respective work limited in time, place and subject matter to the extent necessary for the agreed use within the scope of the planned project (hereinafter referred to as "project"). The acquirer shall neither become the owner of the work, nor shall he be authorized in principle to transfer rights of use to third parties or to grant rights to third parties. If the purchaser uses the work himself, he also becomes a licensee. Should the acquirer produce the project, e.g. as a production company or advertising agency, and wish to acquire the rights to the work for a customer's project, the acquirer's own use shall be covered by the scope of the license only to the extent necessary to integrate the work into the project. In this case, the name and address of the relevant customer (licensee) must be indicated during the order process by clicking on "Licensee (if different from invoice recipient)".
(2) The rights of use granted shall be limited. The factual and local restrictions shall be based on the license types and types of use regulated in § 3. The right of use shall only be granted for the type of use which corresponds to the respective selected license type. TerraSound shall remain entitled by way of clarification to exploit the licensed work also in other ways; thus, there is no exclusivity.
(3) The exploitation period of the rights of use granted shall be governed by the license types and types of use regulated in Section 3. If a time limit is specified for the respective license type or the respective type of use within the license type, the exploitation period shall commence upon receipt of payment of the license fee in full.
(4) The authors of the works waive their right to be named, i.e. the acquirer does not need to name the author.
(5) The granting of the rights of use to the agreed extent is subject to the condition precedent of full payment of the license fees. Any prior use of the work is therefore not permitted.
(6) IMPORTANT: The acquirer/licensee (as well as any distributor/distributor) does not have the right to register the licensed music with Fingerprint Technologies or "Facebook Rights Manager". (e.g. via distributors like Distrokid, AdRev, Haawk, Identifyy, CD Baby etc.). This is a clear violation of the terms of use and will be prosecuted.
(7) The purchaser shall in principle not have the right to modify, edit or further process the work himself or through third parties without the express written consent of TerraSound in the individual case. This applies in particular to remixes, samples or sound modifications affecting the moral rights of the composers. However, the purchaser has the right to shorten the work for the intended use in the context of the project, as well as to combine it with third-party works such as text, images or film material.
The following payment methods are available:
(1) PayPal: You pay the invoice amount via the online provider Paypal. In principle, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. You will receive further instructions during the ordering process.
(2) Invoice: For security reasons, the payment method "invoice" is only available to the customer after a successful order via PayPal, credit card or SOFORT bank transfer. Select "Purchase on account" during the ordering process and provide your complete billing address. For corporate customers from other EU countries, a valid VAT ID number must be entered in order to receive a "net invoice". For customers from non-EU countries (Switzerland, Norway, etc.), no VAT will be charged as a matter of principle. The invoice amount is due no later than 14 days after receipt of the invoice and is payable by bank transfer to the account specified in the invoice without deduction.
(3) Credit card (pay by credit card using Stripe): Your credit card will be charged upon completion of the order
(4) Sofort-Überweisung (forwarding to SOFORT): This payment method is only available to customers from Germany and Austria. The debit from your account takes place with the completion of the order.
(1) TerraSound is the owner of all rights of use for all offered works. These are nationally and internationally comprehensively protected by copyright. All works are neither subject to the perception by collecting societies such as GEMA, nor does their use violate the rights of third parties. All exploitation rights are held by TerraSound.
For claims based on damages caused by TerraSound, its legal representatives or vicarious agents, TerraSound shall always be liable without limitation in case of injury to life, body or health, in case of intentional or grossly negligent breach of duty, in case of warranty promises, if agreed, as well as if the scope of application of the Product Liability Act is opened.
In case of breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the purchaser may regularly rely (cardinal obligations) due to slight negligence of TerraSound, its legal representatives or vicarious agents, the liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise claims for damages are excluded.
(2) The purchaser guarantees that the project does not violate the laws of the Federal Republic of Germany, the European Union, public order or morality. This applies in particular to racist, violence glorifying, pornographic or anti-constitutional uses of any kind. A use of a work of TerraSound in such contexts is inadmissible and constitutes a serious breach of contract which entitles TerraSound to terminate the contract without notice. TerraSound expressly reserves the right to further claims.
In case the purchaser is an entrepreneur, TerraSound shall have the right to advertise with the name and/or logo of the purchaser and/or the licensee as reference customer.
(1) For entrepreneurs, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) In case the purchaser is a merchant in the sense of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships shall be the place of business of TerraSound.
In the event that the purchaser is a consumer in a country of the European Union, the following right of withdrawal applies:
You have the right to revoke this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform me, Dag Reinbott, Scharnweberstr. 53, 12587 Berlin, Tel.: 030 - 96 60 14 18, E-Mail: [email protected], by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample cancellation form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We would like to point out that the above right of withdrawal does not apply in the following case:
This is a contract for the provision of data not on a physical medium in digital form (digital content). If, prior to execution of the contract, the consumer has expressly consented to the entrepreneur commencing execution of the contract before the expiry of the withdrawal period and has confirmed his knowledge that, by giving his consent, he loses his right of withdrawal upon commencement of execution of the contract (Section 312 f (3) of the German Civil Code), the right of withdrawal shall not apply.
End of the cancellation policy
(If you want to cancel the contract, please fill out and return this form).
- To Dag Reinbott, Scharnweberstr. 53, 12587 Berlin:
- I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of notification on paper)
- Date
(*) Delete as applicable.
The European Commission provides a platform for online dispute resolution (OS), which you can access at https://ec.europa.eu/consumers/odr you will find. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
