Terms and Conditions of Use
§ 1 Scope of application
(1) brandtrax is a service of:
Kirschstein + Neuser GbR
Pfuelstrasse 5 | Aufgang VI
§ 2 Enjoying brandtrax
(1) brandtrax is a service that, for a monthly fee, allows you to perform individualized searches of a comprehensive music library in order to find titles that best fit your marketing project. Search queries can be optimally tailored to your marketing project using various search categories.
(2) With your registration on our website you have the possibility to test the service for 30 days free of charge and to perform an unlimited number of search queries ("test period").
(3) In order to be able to use the service beyond the test period, you must conclude a contract with us for a fee. You have the choice between different contract terms:
a) monthly subscription (i.e. termination two weeks before the end of a month)
b) half-year subscription (i.e. termination four weeks before the end of a half-year period)
c) annual subscription (i.e. termination six weeks before the end of a year)
(4) A contract with us is concluded after we have expressly or impliedly accepted your offer which you submit via our website.
(5) The prices are listed on our website.
(6) If necessary, we may offer other services subject to a charge, which you can order via our website.
§ 3 Payments, extension, cancellation
(1) [hier folgen die Zahlungsmodalitäten, sobald ein Payment eingefügt wurde]
(2) Your subscription of brandtrax will automatically renew at the end of the applicable subscription period unless you terminate your paid subscription before the end of the current subscription period.
(3) Send your notice to terminate in due form (i.e. e-mail or letter) to:
Kirschstein + Neuser GbR
Pfuelstrasse 5 | Aufgang VI
(4) Periods of notice are written in section 3(3), depending on the contract selected.
§ 4 Right of withdrawal and standard withdrawal form
If you have not effectively waived your right of withdrawal, you are entitled to a statutory right of withdrawal as follows if you are resident in Germany:
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us
Kirschstein + Neuser GbR
Pfuelstrasse 5 | Aufgang VI
Telefon: +49 30 6110 3131
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Standard withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
- To Kirschstein + Neuser GbR, Pfuelstraße 5 | Aufgang VI, 10997 Berlin
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper), - Date
(*)Delete as appropriate.
End of instructions of withdrawal and standard withdrawal form.
§ 5 User guidelines
(1) brandtrax respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure Spotify stays enjoyable for everyone. You must follow these rules and should encourage other users to do the same. The following is not permitted for any reason whatsoever:
a) reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Spotify Service, Content or any part thereof except to the extent permitted by applicable law;
b) selling, renting, sublicensing or leasing of any part of the Spotify Service or the Content;
c) removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or the Service or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
d) providing your password to any other person or using any other person’s username and password;
e) transferring copies of cached Content from an authorized Device to any other Device via any means;
(2) You acknowledge and agree that any violation of these User guidelines may result in immediate termination or suspension of your account.
(3) Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.
§ 6 Service limitations and modifications
(1) brandtrax will make reasonable efforts to keep the brandtrax service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions.
(2) Notwithstanding the foregoing, if you have prepaid fees to brandtrax for paid subscriptions that brandtrax permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments and cancellations section), brandtrax will refund you the prepaid fees for the pre-paid period after such discontinuation.
(3) You understand, agree, and accept that brandtrax will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the service, or to provide all or any specific content through the service. brandtrax and/or the owners of any content may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.
§ 7 Customer support
(1) For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit our Customer Service department using the Customer Service contact on our website.
(2) We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.
§ 8 Warranty disclaimer
(1) You understand and agree that brandtrax service is provided “as is” and “as available” without extress or implied warranty or condition of any kind.
(2) brandtrax make no representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement.
§ 9 Disclaimer of liability
(1) brandtrax shall be liable without limitation under the agreements for damages resulting from intentional or negligent injury to life, limb or health as well as for other damages resulting from intentional or grossly negligent conduct by brandtrax or its legal representatives or vicarious agents.
(2) Insofar as brandtrax is not liable without limitation under the provisions of the first paragraph, in the event of a breach of an essential contractual obligation based on simple negligence, brandtrax' liability shall be limited to damages or reimbursement of expenses to the typically foreseeable damage. Material contractual obligations are obligations that are essential for the fulfilment of this agreements (cardinal obligations).
(3) brandtrax’ liability based on the applicable product liability regulations shall remain unaffected.
(4) brandtrax shall not be liable beyond the aforementioned cases. In such cases, in the event of problems or dissatisfaction with the brandtrax Services, the sole and exclusive remedy available to you shall be to terminate the use of the brandtrax Services.
(5) We shall not be liable for damages due to loss of data if the damage could have been prevented if you had made backup copies at reasonable intervals.
§ 10 Change to the Agreements
(1) Occasionally we may make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email.
(2) In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully.
(3) If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us.
§ 11 Final clauses
(1) The law of the Federal Republic of Germany shall apply exclusively. Irrespective of the above regulation on the choice of law, consumers with usual residence outside the Federal Republic of Germany may always also apply the law of the country in which they have their residence.
(2) To the extent permitted by law, Berlin shall be agreed as the place of performance.
(3) If the customer is a merchant, the exclusive (also international) place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be Berlin. In the case of cross-border contracts, this also applies to non-merchants. brandtrax reserves the right to appeal to any other internationally competent court.
(4) From 15 February 2016, the European Commission will provide a platform for online dispute resolution here. The e-mail address of the organizer is firstname.lastname@example.org.
(5) brandtrax is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration body.