A. General Terms and Conditions
This is a legal agreement („Agreement“) between and among you and Goldton Records.
By using the Website, you agree to and are bound by the terms of this Agreement. You must accept and abide by these terms as presented to you, and Goldton Records reserves the right to change, add, or remove portions of this Agreement at anytime. It is your responsibility to check the Agreement each time before using the Website, and your continued use of the Website will indicate your acceptance of any changes. In addition, you agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Website or Content (defined below).
1. Age Requirement.
To register for use of the Website on your own behalf, you must be at least 18 years of age. If you are at least 13 years of age, but under 18 years of age, you must present this Agreement to your parent or legal guardian, and he or she must click „AGREE“ to enter into this Agreement on your behalf. Children under 13 years of age may not register for the Website, nor may parents or legal guardians register on their behalf. If you are a parent or legal guardian entering this Agreement for the benefit of your child or a child in your legal care, be aware that you are fully responsible for the child’s use of the Website, including all financial charges and legal liability that he or she may incur.
All „Content“, including but not limited to digital downloads of sound recordings and related digital content, including songs, mixes and loops, music, downloads or samples, and all software, artwork, graphics, video, text, interfaces, Trademarks, logos, images, photographs, and any other element of the Website, including the layout, look and feel, organization, and coordination of such Content on the Website is the property of or is licensed to Goldton Records, and is protected by Austrian and international trademark, trade dress, copyright, and other intellectual property rights laws. Without the prior written consent of Goldton Records, and except as provided in this Agreement, no Content may be transmitted, distributed, translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitized, marketed, reproduced, altered to make new works, performed, or compiled in any way. Through the use of the Website, you are permitted to listen to Samples (as defined below), and obtain digital downloads of sound recordings and related digital content, including songs, mixes and loops, which is part of the Website’s Content. Some of the Content is „Products“. The Content is only for your personal, noncommercial use.
3. Objectionable Material.
When using the Website, you understand that you may encounter Content that may be deemed objectionable, indecent, or offensive, which content may or may not be identified as having explicit language. You agree to use the Website at your own risk and Goldton Records shall have no liability to you for Content that may be found objectionable, indecent, or offensive.
4. Account Registration.
(a) To use certain services of the Website you must register and provide certain information (e.g. a member (user) name, password, billing information, and valid email address) to Goldton Records („Registration Data“ for the purposes of creating an Account, called my „Account“. You agree to provide current, complete, and accurate Registration Data at the time you register and you will update your Registration Data as necessary to keep it current, complete and accurate. Goldton Records may terminate your Account and any or all rights to the Website if any information you provide is inaccurate, false, or incomplete. You agree that Goldton Records may store and use the Registration Data you provide for use in billing fees to your credit card and maintaining your Account.
(b) You are solely responsible for maintaining the confidentiality and security of your Account. You agree to notify Goldton Records immediately of any unauthorized use of your password and/or account. Goldton Records shall not be responsible for any losses arising out of the unauthorized use of your Registration Data or account, and you agree to hold harmless and to indemnify Goldton Records, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your Account. You may not attempt to gain unauthorized access to the Website. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, Goldton Records will terminate your Account
5. Consent to our communication with You by E-Mail.
By establishing a Goldton Records Account, you grant permission for Goldton Records to contact you at your e-mail address.
6. Charges and Billing.
You agree to pay for all Products that you purchase through the Website. Goldton Records may charge your credit card for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. For subscription services for which recurring billing may be applicable, Goldton Records will charge your credit card on the first day of each new billing cycle as outlined in the terms of the applicable billing agreement. You hereby agree to authorize Goldton Records to charge your credit card for the above mentioned at Goldton Record’s convenience, but within (30) days of credit card authorization. YOU ARE RESPONSIBLE FOR PROVIDING Goldton Records WITH A VALID CREDIT CARD AND THE TIMELY PAYMENT OF ALL FEES. At its discretion, Goldton Records may post charges individually or aggregate your charges with other purchases you make on the Website. If any of your billing information changes, you are responsible for updating the information in the applicable section of your „Member Account“. You are responsible for any charges on your Account that are incurred by any person through your Account, and you are solely responsible for keeping your Account secure and confidential.
Goldton Records may, at its discretion, modify, suspend, or discontinue the Website (or any part or content thereof) at any time with or without notice to you, and Goldton Records will not be liable to you or to any third party should it exercise such rights; provided that if Goldton Records terminates any prepaid subscription service, Goldton Records will refund a prorated amount of such prepaid fees.
You may not cancel your yearly or monthly membership for subscription services during the initial term of such services; however, you may give notice of nonrenewal for the following term. Upon any expiration or termination of your subscription service, you will no longer have access or right to any membership benefits under such subscription service.
7. Limitation on Sales
Goldton Records sells Products to end user customers only, and not to resellers, distributors, music dealers, exporters, wholesalers, or any other businesses with an intent to resell. Goldton Records reserves the right to refuse access to the Website or sale of Products for any reason, to any end user. Goldton Records may terminate any offers for free or special promotions or pricing on merchandise at any time.
8. Right to Change Prices and Product Availability.
Prices and availability of Products offered through the Website are subject to change at any time. Goldton Records does not provide price protection or refunds in the event of a price drop or promotional offering.
9. Sales of Downloads.
Each Download is an individual sale and subject to the terms and conditions of this Agreement. Each purchase of Downloads by you will be regarded as a separate transaction and each delivery of a Download will constitute a separate sale, whether delivery is in whole or partial fulfillment of an order.
10. No Refunds.
All sales are final and all charges from those sales are nonrefundable. Goldton Records will not refund any fees for Products or services that you purchase and then fail to download, unless such failure is caused solely by Goldton Records.
11. No Responsibility for Typographical Errors.
Due to the rapidly expanding, broad selection of Content on the Website, it is possible that Content may be accidentally mispriced. In such an event, Goldton Records reserves the right not to accept end user orders with prices based upon typographical errors.
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
13. Order Acceptance Policy.
Your receipt of an electronic or other form of confirmation does not (1) constitute Goldton Record’s offer to sell and (2) convey Goldton Record’s acceptance of your order. Goldton Records reserves the right, at its discretion, and without prior notice to you, and for any reason, to decline your request for Product(s), or supply less than the quantity you ordered following receipt of your order.
14. Charges and Billing.
Goldton Records currently accepts credit cards (via PayPal), and PayPal. Goldton Records does not accept cash, money orders, or checks. Goldton Records reserves the right to change this policy at any time. You agree to pay all fees and charges associated with your purchase(s), (including any applicable taxes), at the rates in effect when the charges were incurred. You, not Goldton Records, are responsible for any unauthorized amounts billed to your credit card by a third party. As a cardholder, your card issuer agreement governs your use of the designated card, and as such, you must refer to that agreement to determine your rights and liabilities as a cardholder. Obligation to pay for Content or Download orders previously accepted by Goldton Records will survive your termination of your Goldton Records Account. Due to the nature of the service, refunds are only available in exceptional circumstances at Goldton Record’s management’s sole discretion.
15. Limitations of Content Usage and Copyright.
Goldton Records may make available certain Content and Products. Your access to and/or use of any Products will be limited by the rules assigned to the Products by Goldton Records („Product Rules“) and described on the Webpage where you acquire access to the individual Product. You may not attempt, nor support others attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or any of the Product Rules. Goldton Records RESERVES THE RIGHT TO ENFORCE THE PRODUCT RULES WITH OR WITHOUT NOTICE TO YOU.
A „Sample“ is a promotional portion of a Product, in some cases an entire Product, which is made available to you while you are logged onto the Website. Samples may also consist of a promotional music video. Samples are offered at no cost to you, and you may play as many Samples as you like. You may not attempt, or support others‘ attempts, to download, copy, distribute, alter or capture a Sample.
A „Download“ is a purchased Product that you can (1) transfer to a compatible portable device, (2) save to your hard drive with unlimited playback time, or (3) burn to a CD/DVD, in each case for personal private use only and not for commercial or public use or distribution. Goldton Records shall have no liability for lost, damaged, or destroyed Downloads. Any security technology that is provided with a Download is an inseparable part of the Download. The Download capability does not operate to limit any rights of the copyright owners in a Product or any works embodied in them.
Except as otherwise provided herein, you may not copy, reproduce, modify, rent, lease, broadcast, download, transmit, distribute or otherwise disseminate any Downloads or Content contained on the Site except for your own personal, non-commercial use. Any copying, distribution, use or sharing is not permitted by this Agreement or applicable provisions of the Austrian Copyright Code, and is in violation of Austrian and international copyright and intellectual property laws.
16. Prohibited Uses of Downloads.
You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Downloads. You may not play and then re-digitize any Downloads. You may not create any „derivative works“ by altering any of the Content. You may not use the Downloads in conjunction with any other third-party content (e.g., to provide sound for a film). YOU MAY NOT UPLOAD DOWNLOADS TO THE INTERNET. PEER-2-PEER FILE SHARING IS STRICTLY PROHIBITED. Any other manner of network file sharing and transfer of Downloads to devices for such purpose is expressly prohibited and is a violation of Austrian and international copyright law.
17. Loss of Rights by Goldton Records.
Goldton Records may at any time lose the right to make certain Products available. In such an event, you will no longer be able to access such Products from Goldton Record’s Library function or obtain them from the Website catalog.
18. Electronic Signatures and Contracts.
Your use of the Website and establishment of an Account includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of this Agreement and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Website, including notices of cancellation, policies, contracts, and applications.
19. Community Features / Public Areas.
The Website may contain features designed to help members find Content of personal interest by viewing Content that other members have sampled and/or downloaded. These features may include access to members most recently played lists and access to member’s collections of Content. Further, Goldton Records may feature message boards and/or chat rooms that allow for communication and posting of public profiles between users of the Website. The public areas are offered on a read only basis until a user signs up for the ability to post messages in the various forums. Goldton Records HAS THE RIGHT, BUT NOT THE OBLIGATION, TO MONITOR, EDIT, OR REMOVE ANY ACTIVITY OR CONTENT IN SUCH PUBLIC AREAS, OR TO RESTRICT ACCESS TO OTHER MEMBERS TO VIEW YOUR MUSIC, CONTENT COLLECTION OR PUBLIC PROFILES. Goldton Records is not responsible and assumes no liability for any activity, content, messages and the like that you or any other users post to a public area or a public profile, or send to another user over an instant messenger system.
You may not use the Website (or any part of it, including but not limited to public areas) to upload, post, transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a „spamming“ nature, defamatory, or invasive of privacy; (ii) violate (intentionally or unintentionally) a contractual, fiduciary or confidentiality obligation or duty you have to any third party; (iii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer system; or (iv) that infringe third-party rights or harm minors in any way. You may not interfere with or disrupt the Website or any networks connected to or by the Website. In addition, you may not use a false email address or otherwise mislead other members as to your identity or the origin of a message or content.
21. Goldton Record’s Rights.
By posting messages, inputting data, or engaging in any other form of communication through the Website, you agree that Goldton Records may copy, sub-license, adapt, transmit, publicly perform or display any such content to provide and/or promote the Website and/or to respond to any legal requirement, claim or threat. If Goldton Record’s use of such content exploits any proprietary rights you may have in such material, you agree that Goldton Records has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to do so. You represent and warrant that you own or otherwise control all applicable rights to the content, material, messages and the like that you post, upload, transmit or display; that the content, material, messages and the like are accurate; that use of the content, materials, messages and the like that you supply does not violate third-party rights and will not cause injury to any person or entity; and that you will defend indemnify and hold harmless Goldton Records, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for all claims resulting from content, messages, materials and the like that you supply. You agree that any loss or damage of any kind that occurs as a result of the use of any messages, content or material that you upload, post, transmit, display or otherwise make available through your use of the Website is solely your responsibility.
All copyrights in and to the Website, including but not limited to, the Goldton Records music store (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by Goldton Records and/or its licensors. The use of the Website, or any Content on the Website, except for use as expressly permitted in this Agreement, is prohibited and subject to civil and criminal penalties, including possible monetary damages, for copyright infringement. All rights not expressly granted to you in this Agreement are reserved to Goldton Records and/or is licensors.
All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Website are the property of Goldton Records and/or its affiliates or licensors. You may not copy, display or use any of these marks without prior written permission of the mark owner.
24. Violation of Intellectual Property Rights.
If Goldton Records receives a notice alleging that you have engaged in behavior that infringes Goldton Record’s or an other’s intellectual property rights or reasonably suspects the same, Goldton Records may suspend or terminate your Account without notice to you, and shall have no liabilities to you, past or present, for suspension or termination under this paragraph. We take alleged copyright infringement seriously. If you believe that any information or material on our Site constitutes copyright infringement, please send our Copyright Agent an e-mail or other written notice that includes the following information: (a) an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your address, telephone number, and e-mail address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
25. Enforcement of These Terms.
Goldton Records reserves the right to enlist and take measures that Goldton Records believes are reasonably necessary to enforce, or appropriate to enforce, or verify compliance with any part of this Agreement (including but not limited to Goldton Record’s right to cooperate with any legal process relating to your use of the Website and/or Content, and/or a third party claim that your use of the Website and/or Content is unlawful and/or infringes such third party’s rights). You agree that Goldton Records has the right, without liability or notice to you, to disclose any Registration Data/Account information to law enforcement authorities, government official, and/or third party, as Goldton Records believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Goldton Record’s right to cooperate with any legal process relating to your use of the Website and/or Content, and/or a third party claim that your use of the Website and /or Content is unlawful and/or infringes such third party’s rights).
26. No Responsibility for Third-Party Materials or Web Sites.
The Website may include Products, Content, and services from third parties available via the Goldton Records Website. Goldton Records may include links to third party websites, which are provided solely as a convenience to you. Goldton Records assumes no liability or responsibility for third-party materials or websites, and you acknowledge and agree that Goldton Records is not responsible for evaluating or examining the content or accuracy of any such third-party material or websites.
27. Indemnity and Waiver.
By using the Website you agree to defend, indemnify and hold harmless Goldton Records and its agents, employees, directors, contractors, representatives, licensors, technology providers, affiliates, parents and subsidiaries from and against any and all claims, losses, demand, causes of action and judgments (including attorney‘ fees and court costs) arising from or concerning your breach of this Agreement and your use of the Website or the Content and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof. You shall not sue or seek to recover any damages or other payment from Sounds/To/Sample and its agents, representative, employees, Licensors, content and technology providers, and any parent or subsidiary company as a result of its decision to terminate or suspend the Agreement and service hereunder.
If you fail, or Goldton Records suspects that you have failed, to comply with any of the provision of this Agreement, including but not limited to failure to make payment of fees due, failure to provide Goldton Records with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, or violation of these Terms and Conditions or any license to the software, Goldton Records, at its sole discretion, without notice to you may: (i) terminate this Agreement and /or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude your access to the Website (or any part thereof), and seek any other lawful remedy available.
29. Governing Law.
The laws of the State of Vienna, Austria, excluding its conflicts of law rules, govern this Agreement and your use of the Website. Your use of the Website may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Goldton Records or relating in any way to your use of the Website resides in the courts of the State of Vienna, Austria.
30. Disclaimers and Limitations of Liability.
(a) You agree that from time to time Goldton Records may remove the Website for indefinite periods of time, or cancel the Website at any time, with or without notice to you.
(b) Goldton Records makes no warranty that any particular CD burner or portable device will be compatible with the Website or any Content offered on the Website.
(c) Under no circumstance shall Goldton Records be liable for any unauthorized use of the Website or its Content.
(d) To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, Goldton Records shall be entitled to the maximum disclaimers and/or limitation on damages and legality available at law or in equity by such applicable law in such particular circumstance, and in no event shall such damages or liability exceed EUR 10.
(e) All Content on this Website is provided to you on an „as is“ „as available“ basis without warranty of any kind either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Company makes no warranty as to the accuracy, completeness, currency, or reliability of any content available through the website. You are responsible for verifying any information before relying on it. Use of the Website and the Content available on the Website is at your sole risk. Company makes no representations or warranties that use of the website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you may obtain from the Website is free of viruses.
(f) Company specifically disclaims any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the website, even if company has been advised of the possibility of such damages, including but not limited to reliance by any party on any content obtained through the use of the website, or that arises in connection with mistakes or omissions in, or delays in transmission of, information or content to or from the user, interruptions in telecommunications connections to the website or viruses, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the website, or related information or programs.