Terms and Conditions of music2me

Preamble

The music2me entrepreneurial company (limited liability) (in the following only music2me) operates an online video-lesson-portal at music2me.de, whose users practice the e-guitar or piano through high-quality teaching videos.

1) Validity of terms and conditions/data protection

The following conditions apply to all music2me business areas. The services of music2me for users are exclusively offered on the basis of these terms and conditions.

2) Participation contract

The participation at music2me requires a concluded participation contract based on these terms and conditions. The participant’s contractual partner is the music2me company (limited liability). All private individuals have the right to participate. The participation is limited to people above the age of 18.

Please note that you will need an appropriate instrument for most of the exercises.

The participant makes an offer to conclude a participation contract by filling in and submitting the registration form. music2me only confirms the approval once the full scope of services has been activated. Only then has the participation contract become valid.

The activation of the full scope of services takes place against the participant’s prepayment for the paid period of time, immediately after payment receipt. Until then, the participation contract has not been executed yet, and music2me is free from any service obligation.

For subscriptions, the due participation amount will be debited at maturity according to the participant’s selected method of payment.

3) Revocation instruction

Right of revocation

You can revoke your contract declaration within 30 days in textual form (e.g. letter, fax, e-mail) without giving reasons. The deadline begins after receiving this instruction in textual form, but not before the contractual execution and neither before fulfilling our information duties according to article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB (Introductory Law to the German Civil Code) as well as our duties according to § 312 g paragraph 1 section 1 BGB in conjunction with article 246 § 3 EGBGB (Introductory Law to the German Civil Code). Timely dispatch of revocation is suffice to send off the revocation in due time.

The revocation is to be sent to:

music2me company (limited liability)
Bamberger Str. 9
63743 Aschaffenburg

info@music2me.de

Revocation consequences

In the case of an effective revocation, the mutually received benefits and, if necessary, uses made thereof (e.g. interest rates) are to be returned. If you cannot return the received benefits as well as uses (e.g. benefits of use) or if you can only hand them back partly or in a deteriorated condition, you are obliged to render us a value replacement in this respect. This could have the effect that you have to fulfil the contractual payment obligations for the period of time until revocation. The obligations to reimburse payments need to be fulfilled within 30 days. For you, the period begins from the moment of sending your notice of revocation, for us, with its reception.

Special instructions

Your right of evocation expires prematurely if the contract is, as your explicit wish, completely fulfilled on both sides before you have made use of your right of evocation.

Your music2me company (limited liability)

4) Prices, price changes

The participants’ contribution as well as possible discounts and reductions comply with the respectively valid price list for participants. The legal sales tax is included in the prices stated in the price list.

Advertisement offers on the internet, in emails, as well as in brochures, notices, or any other promotions by music2me are all non-binding and without commitment. This also concerns possibly forwarded price details.

Participant contributions are charged in advance. music2me is free of any service obligations, if the contributions are not paid or only paid partially by the participant.

The payment via checks, bank transfers, or payments per credit card are accepted only on account of payment. Costs for chargebacks via the debit transfer system are to be paid by the participant. The same applies to costs which arise after a payment rejection through the credit card company. The participant is only entitled to compensation if the counterclaim was determined undisputedly, decisional, or legally.

The music2me company is free to provide you with bills per post or electronically (e.g. per e-mail or via the music2me portal).

5) Special terms of use

All music2me videos are protected by copyright and intended exclusively for personal use. Any use beyond this permission, e.g., unauthorized copying, public screening, transmission, or any other commercial use, is prohibited and will be

prosecuted under civil and criminal law.

6) Communication contributions in the music2me forum

The participant shall bear sole responsibility for the legal harmlessness of his or her provided contents as well as communication contributions in the music2me portal.

Texts, images, film and sound recordings provided by the participant (short: texts & data) must be free of rights of third parties that could be opposed to a publication or any other use within music2me.

The participant bears liability for the content of his or her submitted texts & data. These are excluded from publication if they violate current legislation, these terms and conditions, or principles of morality.

Moreover, insults, sexually explicit contents, presentations of violence, menacing or discriminating comments, or presentations in relation to race, sex, religion, nationality, disability, sexual orientation, age, or any other content violating current legislation, will not be tolerated in the interests of the participant community. This also applies to links to sites with respective contents, for which the participant is responsible. The participant must consider rights of third parties, especially also intellectual and/or industrial property rights of third parties in all his acts.

If music2me is prosecuted by third parties due to a participant’s act or failure from a responsibility field mentioned above, for which he or she is responsible, then music2me will prosecute the participant for the caused damages.

music2me reserves the right with regard to the interests of the participant community as well as to legal regulations, to reject a participant, to cancel the participant’s contract without notice, as well as partially or completely deleting the participant’s communication contributions in the portal in its sole discretion, if there is strong suspicion that he or she has seriously breached the above mentioned rules, without giving further reasons.

7) Cancellation

If the participant’s contract has a fixed term, a cancellation is not foreseen before expiration of the arranged fixed term. In case that the participant has made a contract with an automatic extension, the agreed fixed term is extended to the according period of time if the participant has not objected to the extension on time, before the expiry of the time limit agreed in the contract.

The cancellation or the objection against an automatic extension must be forwarded in written form or via email.

Concerning participant contracts with a fixed term, a (partial) reimbursement of paid contributions can be made in exceptional cases. This shall not affect the legal consequences of the participant’s right of revocation according to § 3 of these terms and conditions.

The mutual right to extraordinary termination for important reasons shall remain unaffected.

Please take note of the extraordinary cancellation right of music2me in accordance with § 6 of these terms and conditions.

8) Expiry / Responsibility

The exact participation expiry can be looked up in the directions of use on the music2me internet pages.

9) Commercial use

The unauthorised commercial use of the music2me’s services is not permitted and will be legally prosecuted. The referral to products or services from other (internet) providers, no matter whether they are commercial or private, are not permitted.

All publications or any other provided content from participants must be of private purpose. They should not be intended to achieve a material profit. music2me reserves the right to immediately delete commercial or any other unauthorised contents and claim any compensation. The assertion of this compensation claim does not affect further rights of music2me.

10) Technical prerequisites and indications

To use the music2me internet pages, you need

  • a current internet browser like Mozilla Firefox (version 48 or newer), Internet Explorer 11, Apple Safari 10, Google Chrome 60 or Opera version 41
  • a current version of the flash player plugins from Adobe (at least version 9.1), or a HTML5 compatible tablet pc (iPad, Samsung Galaxy…)
  • a broadband internet connection with a download speed of at least 768kbit
  • Your internet browser must allow to use JavaScript and cookies

11) Exclusion of liability

As music2me has no influence on data transmission via internet, as well as on the peculiarities and insecurities of the internet outside of the music2me server, music2me cannot assume liability for any errors concerning data transmission.

music2me makes an effort to offer the best possible online service availability, yet, for technical reasons (server backup, maintenance, etc.), a constant faultless availability cannot be guaranteed. Operational interruptions are possible. Therefore, we cannot assume any liability to damages caused by a temporal unavailability or an only limited availability. On annual average, music2me provides a minimum availability of 90% of its full services. Thereof, times are excluded in which the webserver was not accessible due to technical or any other problems, which were not in music2me’s area of influence (force majeure, third party negligence, etc.).

Any other liability of music2me, irrespective of their legal grounds, is limited to the actually so far paid-in sum of the regress/claim demanding participant. Other claims for compensation are excluded, provided they were not caused intentionally or due to gross negligence by music2me employees. This also includes the liability of material and immaterial (consequential) damages, which were caused by the unintended or technically caused erroneous data transmission. This preceding exemption and limit to liability does not apply to damages arising from injury to life, body, and health, which are based on an intentional negligence of duty by music2me, or an intentional or reckless

negligence of duty by a legal representative or vicarious agent of music2me, as well as any other damages, which are due to gross negligence of duty by music2me, or to an intentional or gross negligence of duty by a legal representative or vicarious agent.

12) Liability for links

music2me expressly dissociates itself from all contents on linked pages or images and does not adopt ownership. Any violation of the current law, terms and conditions of music2me (see § 6), or of good morals, which are detected by music2me, result in the immediate deletion of links, entries, graphics, or the like.

13) Legal validity of terms and conditions

In the case that a regulation of these terms and conditions becomes ineffective, the validity of the other regulations is not affected. The participant will be informed about updated versions of terms and conditions via email. The participant has the right to object to the new version within six weeks. In the case of an objection, the changes of the updated version are treated as not accepted. These terms and conditions are valid with effect from 01.12.2011 until further notice.

14) Place of jurisdiction / applicable law

The place of jurisdiction is Aschaffenburg, if the participant has no general place of jurisdiction in Germany.

The legal relationship between the participant and music2me shall be governed exclusively by German law.