HIGHRESAUDIO UG Terms of Service (Last Updated: 01. January 2016)
Note: We would like to point out that we offer only digital products for sale. These are download music formats, not a physical CD. All of HIGHRESAUDIO offered songs are available with permission of the copyright holder and are therefore completely legal. HIGHRESAUDIO offers music downloads only of complete albums in the audio format (codec's) FLAC, ALAC, DSD, DXD-FLAC and MQA in 24-bit (without copy protection).
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND HIGHRESAUDIO STATING THE TERMS THAT GOVERN YOUR USE OF THE HIGHRESAUDIO DOWNLOAD AND/OR BURN-ON-DEMAND STORE, THE HIGHRESAUDIO WEBSITE AND ALL RELATED SERVICES, THE HIGHRESAUDIO SOFTWARE, AND THE DIGITAL CONTENT PURCHASED FROM HIGHRESAUDIO.COM (THE "SERVICE"). THIS AGREEMENT-TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF HIGHRESAUDIO RULES AND POLICIES-COLLECTIVELY CONSTITUTE THE AGREEMENT ("AGREEMENT") BETWEEN YOU AND HIGHRESAUDIO. BY USING THE SERVICE, OR PURCHASING CONTENT USAGE RIGHTS FROM US, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. DO NOT USE THE SERVICE OR PURCHASE CONTENT USAGE RIGHTS FROM HIGHRESAUDIO UNLESS YOU WANT TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
1. The Service
HIGHRESAUDIO offers high-resolution Studio Master quality music and allows you to purchase this digital music ("Digital Content") via download and/or burn-on-demand in accordance with the terms of this Agreement. The Digital Content we offer is the copyrighted property of third parties and must be used by you in accordance with the terms of this Agreement applicable to that particular content. Each copyright owner has its own rules concerning how their digital content may be distributed, sold, priced and used, and thus your ability to transfer or make copies of Digital Content may vary, depending on the rights that the respective rights owner has established. Further, there is no assurance that the Digital Content will be compatible with any particular portable device, media server, or other software or hardware product. Please check our FAQ and Download-Guide for compatibility prior to purchasing Digital Content from us because ALL SALES ARE FINAL.
2. Digital Content
2.1 License to Download
Upon your payment of our fees for Digital Content, we grant you a non-exclusive, non-transferable license to use the Digital Content for your personal, non-commercial, entertainment use, subject to and in accordance with the terms of this Agreement. You may copy, store, transfer and burn the Digital Content only for your personal, non-commercial, entertainment use. You agree to provide accurate, current, and complete information required to register with the Service and Products and at other points as may be required in the course of using the Service and/or Products ("Registration Data"). You further agree to maintain and update your Registration Data and Account Information as required to keep it accurate, current, and complete. HIGHRESAUDIO may terminate your rights to any or all of the Service, Products, and Digital Content if any information you provide is false, inaccurate or incomplete. You agree that HIGHRESAUDIO may store and use the Registration Data and Account Information you provide (including credit/ debit card and PayPal information, even if we state we are not storing your credit/ debit card and PayPal information) for use in maintaining your accounts and billing fees to your credit/ debit card and PayPal account.
You represent, warrant and agree that you will use the Service only for your personal, non-commercial, entertainment use and not for any redistribution of the Digital Content or other use restricted in this Section 2.2. You agree not to infringe the rights of the Digital Content's copyright owners and to comply with all applicable laws in your use of the Digital Content. Except as set forth in Section 2.1 above, you agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or otherwise transfer or use the Digital Content. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Digital Content. You acknowledge that the Digital Content embodies the intellectual property of a third party and is protected by law.
2.3 Explicit Content
You agree that we have no liability to you for Digital Content you find to be offensive, indecent or objectionable.
2.4 All Sales Final; Downloading and Risk of Loss; Availability of Digital Content
All sales of Digital Content are final. We do not accept returns or issue refunds of Digital Content. You acknowledge that use of Digital Content may require the use of other hardware and software products. Once Digital Content is purchased and you receive the Digital Content, it is your responsibility not to lose, destroy, or damage the Digital Content, and HIGHRESAUDIO shall be without liability to you in the event of any loss, destruction, or damage.Once you have purchased Digital Content, we encourage you to download it promptly and to make back-up copies of it. If you are unable to complete a download after having reviewed our online help resources, please contact the HIGHRESAUDIO customer service. You bear all risk of loss after purchase and for any loss of Digital Content you have downloaded, including any loss due to a computer or hard drive crash. We may, from time to time, remove Digital Content from the Service without notice.
3. Reservations of Rights
Except for the rights explicitly granted to you in the Terms of Service, all right, title and interest in the Service, Products, and Digital Content are reserved and retained by us, our licensors, and our Digital Content providers. You do not acquire any ownership rights in the Service, Products, or Digital Content as a result of downloading the Service, Products, or Digital Content.
4. Territorial Restrictions
As required by our Digital Content providers, Digital Content can be restricted to customers located in, by the Digital Content providers, approved territories. The Service, Products, and Digital Content is currently available worldwide. Nevertheless, due to license agreements and territory restrictions some Digital Content are not available. We use Geo-Targeting and Geo-Filtering to protect the licensed territories. The purchasing button in the shop will be disabled and not be displayed. You agree not to use or attempt to use the Service, Products, and Digital Content from outside of the available territory, and that HIGHRESAUDIO may use technologies to verify your compliance.
5.1 Disclaimer of Warranties; Liability Limitations
HIGHRESAUDIO does not guarantee, represent, or warrant that your use of the service will be uninterrupted or error-free, and you agree that from time to time HIGHRESAUDIO may remove the service for indefinite periods of time, or cancel the service at any time, without notice to you and without liability to you. You expressly agree that your use of, or inability to use, the service, including, but not limited to the digital content, is at your sole risk. the service and all products and services delivered to you through the service, including but not limited to the digital content, are (except as expressly stated by HIGHRESAUDIO) provided "as is" and "as available" for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you. In no case shall HIGHRESAUDIO, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the services or for any other claim related in any way to your use of the services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any digital content or other content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, HIGHRESAUDIO' liability shall be limited to the extent permitted by law. HIGHRESAUDIO shall use reasonable efforts to protect information submitted by you in connection with the services, but you acknowledge and agree that your submission of such information is at your sole risk, and HIGHRESAUDIO hereby disclaims any and all liability to you for any loss or liability relating to such information in any way. HIGHRESAUDIO does not represent or guarantee that the service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and HIGHRESAUDIO disclaims any liability relating thereto. You shall be responsible for backing up your own system.
5.2 Electronic Signatures and Contracts
Your use of the Service and Products includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO WHEN USING OUR SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
5.2 Waiver and Indemnity
By using the service, you agree to indemnify and hold HIGHRESAUDIO, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this agreement, your use of the service or the digital content, or any action taken by HIGHRESAUDIO as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. This means that you cannot sue or recover any damages from HIGHRESAUDIO, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the service, or to take any other action during the investigation of a suspected violation or as a result of HIGHRESAUDIO' conclusion that a violation of this agreement has occurred. this waiver and indemnity provision applies to all violations described in or contemplated by this agreement.
5.3 Termination; Amendments
Termination by HIGHRESAUDIO, Amendments. If you fail, or if HIGHRESAUDIO suspects in its sole determination that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of Fees due, failure to provide HIGHRESAUDIO with a valid credit/ debit card or with accurate and complete Registration Data, Billing Information, User Profile information, and information in Add Funds, failure to safeguard your Account information, or violation of the Usage Rules or any license to the software, HIGHRESAUDIO, in 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) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof). Furthermore, this Agreement will terminate immediately without notice from HIGHRESAUDIO. If you fail to comply with any term herein. In case of such termination, you must cease all use of the Service and Digital Content, and we may immediately revoke your access to the Service without notice to you and without refund of any fees. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of our rights. We may amend any of this Agreement's terms at our sole discretion by posting the revised terms on the Service's website. Your continued use of the Service, the Products or the Digital Content after any such amendment's effective date evidences your agreement to be bound by it. Upon termination, you agree to erase, destroy or otherwise remove the Digital Content from all computers, media servers, and digital audio devices within your possession or control. b. Termination of the Service. HIGHRESAUDIO reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and HIGHRESAUDIO will not be liable to you or to any third party should it exercise such rights.
5.4 Enforcement of These Terms
HIGHRESAUDIO reserves the right to takes steps HIGHRESAUDIO believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to HIGHRESAUDIO' right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that HIGHRESAUDIO has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as HIGHRESAUDIO believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to HIGHRESAUDIO' right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).
5.5 Prices and Payment
All prices listed for Germany, Austria and Switzerland in our online store are in EURO (?) and already include the corresponding value added tax (said prices are shown at the shopping cart). All prices outside Germany, Austria, Switzerland and the EU-countries are shown in US-dollar ($) and/or British Pounds (£) and is the final sales price as shown in the shopping cart. IMPORTANT: All countries have different customs duties so we cannot say exactly what this figure will be. We cannot account for overdue customs taxes! Please inform yourself about the customs duties in your country. Your payment card will be charged in Euros. The Service supports payments by using VISA, MasterCard and PayPal. Our payment service provider utilizes up to date technology to ensure that your payment information is treated in a secure and professional manner.
6. Promotional and Voucher redemption
One Voucher or Promotional Discount per person per campaign is allowed. HIGHRESAUDIO maintains the right to refuse, and refund if relevant, (even following acceptance of an order) any transaction where, in its sole opinion, the customer / transacting party are achieving multiple discounts. Voucher promotions and incentives are specifically restricted to geographical, domain and currency limitations. The Company will not honour redemptions which do not comply with the above. Some promotional vouchers attract a minimum contribution for any purchase made. These minimum values differ between our sites and ensure that promotional vouchers can not be used to purchase an item in full. HIGHRESAUDIO reserve the right to cancel (and refund any part cash paid) any transaction which may contain a voucher/promotional code.
6.1 Off-Line Promotions
Offer limited to agreed number and value of vouchers as per advertised promotion, which will be distributed on a first-come, first-served basis, redeemable against purchases only. Offer closing date is as stated in promotional offer. This offer is valid to an agreed number of readers of the specific issue as stated in promotional offer only. Only one redemption per person. Any persons applying more than once will be automatically disqualified. This offer is non-transferable, voucher/benefit valid to legitimate qualifying recipients only. To redeem the voucher, you must sign up as a HIGHRESAUDIO member and remain a member for 31 consecutive days from sign-up/offer closing date (whichever is later). We take no responsibility for the non-receipt of vouchers. HIGHRESAUDIO is not responsible for non receipt of the emails sent by HIGHRESAUDIO or by customers applying for any promotional offer. It is also recommended to check your spam/junk folder, should our e-mail be filtered into these folders. No correspondence will be entered into between offer closing date and voucher issue date. To redeem a voucher you must be logged-in as a member via www.highresaudio.com only and no other affiliated site. Vouchers are for single use only. You can only use one voucher per transaction and must not have linked through via any other site. Value of vouchers redeemed against orders which are later cancelled will only be refunded or re-issued within the duration of the promotion only. Once the promotion has expired, no vouchers will be refunded or re-issued. All vouchers are redeemable up to their full value only. Once this value is redeemed, the voucher is void.
6.2 How to redeem a voucher
Paste the code into the voucher code field in the checkout. Click "redeem" and the voucher amount will be deducted from the outstanding amount
7. General Compliance with Laws
The Service is controlled and operated by HIGHRESAUDIO from its offices in Berlin, Germany. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
HIGHRESAUDIO, the HIGHRESAUDIO logo, High-Res Downloads, and other HIGHRESAUDIO trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of HIGHRESAUDIO. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
All copyrights in and to the Service, including but not limited to, the HIGHRESAUDIO (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by HIGHRESAUDIO and/or its licensors. THE USE OF THE DIGITAL CONTENT, THE PRODUCTS, THE SERVICE, AND ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SAME AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
These Terms of Service constitute the entire agreement between you and HIGHRESAUDIO and govern your use of the Service, superseding any prior agreements between you and HIGHRESAUDIO. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. HIGHRESAUDIO' failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. HIGHRESAUDIO will not be responsible for failures to fulfill any obligations due to causes beyond its control.
11. Damages Cap
Without limiting the Disclaimer of Warranties and Limitation of Liability in Section, above: (i) in no event shall our or our software licensors' total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Software exceed the amount of fifty Euros (50.00); and (ii) in no event shall our or our Digital Content providers' total liability to you for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to you through the Service , exceed the amount you paid to purchase, on the Service, the Digital Content related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.
12. Governing Law
The laws of Berlin, Germany, excluding its conflicts of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with HIGHRESAUDIO or relating in any way to your use of the Service resides in the courts of Berlin, Germany.
13. Contact Information
For communications concerning this Terms of Service, please write to HIGHRESAUDIO UG, Waldenserstrasse 2-4, Gebäude D, D-10551 Berlin-Tiergarten, Germany or send an E-Mail to: firstname.lastname@example.org.