Music Networx GmbH is the operator of an online portal at www.simfylive.com
and other domains (simfy live).
The following Conditions of Use govern access to simfy live, the registration of customers with Concert Online
and the use of simfy live services provided by Music Networx GmbH by registered and unregistered customers.
The online store integrated into the portal is not operated by Music Networx GmbH, but instead by an independent
partner company (Online Store Operator).
1. CONTRACTUAL PARTNERS
1.1.
Contracts for the purchase of digital or physical products are entered into exclusively
between the customer and the respective current Online Store Operator in each case.
The current Online Store Operator is cleverbridge AG, Aachener Str. 209, 50931 Cologne, Germany,
www.cleverbridge.com,
info@cleverbridge.com
1.2.
Other contracts executed via the www.simfylive.de online portal are entered
into between Music Networx GmbH and the customer.
1.3.
The current authorized representatives of Music Networx GmbH are listed in the Site Credits on the www.simfylive.com Web site.
In addition to entering personal information, registration requires that
customers select a user name and password.
2.6.
Music Networx GmbH reserves the right to deny registration to individuals for good cause.
2.7.
After submitting the registration form at
www.simfylive.com, customers
will receive an e-mail from Music Networx GmbH in which they are requested
to confirm their registration. If the customer confirms the registration,
the process is completed with a welcome e-mail from Music Networx GmbH.
3. APPLICABILITY OF THE CONDITIONS OF USE
3.1.
Customers irrevocably acknowledge the applicability of these Conditions of
Use by using the simfy live portal and the services provided there and
no later than confirming their registration. Any contrary or deviating terms
and conditions of the customer are excluded.
3.2.
The present Conditions of Use as amended at the time the contract is entered
into will apply exclusively to all relationships between Music Networx GmbH
and the customer relating to simfy live, i.e., for registration and for
simfy live services.
4. simfy live ACCOUNT
4.1.
When registration is completed, the customer will receive a personal Concert
Online account for an unlimited period.
4.2.
This account entitles the customer to use and manage the products and services
offered by simfy live.
4.3.
The simfy live account also enables the customer to conveniently shop
in the online store integrated into simfy live operated by the Online Store
Operator without registering again.
4.4.
A customer may request to have his/her account cancelled at any time by
sending an e-mail with the necessary information to:
support@csimfylive.de.
The account will then be cancelled immediately.
4.5.
The simfy live account can be terminated by Music Networx GmbH at
any time with notice of two (2) weeks in writing or by e-mail.
4.6.
Both parties are entitled to the right to terminate the simfy live
account without notice for good cause. Music Networx GmbH can terminate
the account in writing or by e-mail.
4.7.
simfy live accounts cannot be transferred to third parties.
5. SYSTEM REQUIREMENTS
5.1.
Music Networx GmbH uses Microsoft's Digital Rights Management (DRM) for certain
products on simfy live. To use these products, customers must have a computer
running a Windows operating system (Windows 2000, Windows XP or Windows Vista)
and access to www.simfylive.com.
DRM-protected products are identified as such.
Windows Media Player is required to play musical recordings and music videos.
5.2.
Customers are responsible for fulfilling the necessary technical requirements
for accessing simfy live via the Internet and using the services offered
by the portal at their own expense. Customers must bear the costs of Internet
access; these are not included in simfy live's services.
If the technical standards applicable to the Internet or simfy live change,
customers must adapt to these changes at their own expense.
6. PAYMENT TERMS AND SETTLEMENT
6.1.
simfy live's services are offered free to customers with the exception
of the purchase of physical or digital products.
6.2.
The prices listed for products are the end prices to be paid by customers
who buy these products through the online store operated by the Online Store
Operator that is integrated into the portal. Details regarding VAT, etc. are
provided in the order process and the Online Store Operator's General Terms
and Conditions of Business.
6.3.
Customers will receive the products they purchase and their invoices along
with all relevant information from the Online Store Operator.
7. SET-OFF AND RETENTION
The customer is entitled to a set-off right in respect of Music Networx GmbH
only if the customer's counterclaims have been established as legally binding
or are not contested by Music Networx GmbH. Furthermore, the customer is only
entitled to exercise a right of retention insofar as his or her counterclaim is
based on the same contractual relationship.
8. CUSTOMER'S DUTIES
8.1.
The customer is responsible for the correctness and completeness of the data
he or she enters. If circumstances occur during the term of the contract that
cause this data to no longer be accurate, the customer must correct his or her
customer profile without delay. If this is not possible, the customer must notify
Music Networx GmbH of this in writing or by e-mail sent to one of the addresses
www.simfylive.com/en/privacy-policy.html.
8.2.
Customers are not permitted to pass on their passwords to third parties and
must keep their passwords protected from access by third parties.
If there is reason to suspect that unauthorized persons have become aware of
the password, the customer must change his or her password without
delay at www.simfylive.com.
Passwords may only be stored in digital media in encrypted form.
8.3.
Customers must be of full legal capacity and in particular must be of age.
If a customer who is of age facilitates a download by a minor using his or
her password, then the customer, not the minor, will be the contractual partner
for that transaction. Customers must ensure that any use of simfy live
services by minors occurs only with their express permission.
9. BREACH OF CUSTOMER'S DUTIES AND VIOLATIONS OF THIRD-PARTY RIGHTS BY THE CUSTOMER
9.1.
In the event of breaches by the customer of his or her duties, Music Networx GmbH
is entitled to suspend the simfy live account or access to individual Concert Online
services. Music Networx GmbH will inform the customer of the suspension in such cases.
Music Networx GmbH is entitled to suspend the account or access to individual services
until the breach of duty has been corrected and/or the customer has provided credible
written assurance that he or she will refrain from breaches of duty in the future.
Music Networx GmbH is entitled to suspend these services even if only reasonable
suspicion exists of a breach of duty. The suspension will remain in effect
in such a case until the suspicion is eliminated.
9.2.
Further rights to damages by Music Networx GmbH remain unaffected by the
preceding paragraph.
9.3.
Music Networx GmbH is not liable for losses resulting from a breach of duty
for which the customer is responsible that could have been prevented if the
customer had complied with the duty.
9.4.
In the event of a violation of third-party rights for which the customer is
responsible, the customer himself or herself is liable to the third party directly.
In cases of valid claims by third parties based on such a violation, the customer
agrees to release Music Networx GmbH from liability provided that the customer
does not provide evidence that he/she is not responsible for the violation resulting
in the loss.
10. GUARANTEE
The provision of performance data or other descriptions of simfy live services,
even if these refer to DIN and/or other standards, does not constitute a guarantee
of quality for simfy live services by Music Networx GmbH.
11. LIABILITY OF MUSIC NETWORX GMBH
11.1.
In the event of intent or gross negligence or absence of a guaranteed
characteristic, Music Networx GmbH is subject to unlimited liability for
all resulting losses.
11.2.
In the event of slight negligence, Music Networx GmbH is subject to unlimited
liability in cases of damage to life, limb or health. If Music Networx GmbH
experiences delays in providing its services due to slight negligence,
if providing its services has become impossible or if Music Networx GmbH has
breached a material duty, Music Networx GmbH is liable for the resulting material
or financial losses that could reasonably have been expected to occur when
the contract was agreed.
11.3.
If Music Networx GmbH experiences delays in providing its services,
Music Networx GmbH is also subject to unlimited liability for this service in
accidental cases, unless the loss would have also occurred if the
service had been provided on time.
11.4.
Liability for all other losses is excluded. Liability in accordance with the
German Product Liability Act (Produkthaftungsgesetz) remains unaffected.
12. DATA PROTECTION
12.1.
All data collected from customers by Music Networx GmbH is treated as strictly
confidential. Personal information is collected, stored and processed solely
for purposes of performance and execution of the contract. Separate consent
is obtained for processing that exceeds these parameters.
12.2.
Customer data can be transferred to companies commissioned for contract data
processing for purposes of contract performance and execution, for the hotline
and for technical support for the simfy live services used by the customer.
If Music Networx GmbH intends to make changes to these Conditions of Use,
customers will be informed of the suggested changes by writing or by e-mail.
The changes will be deemed approved if the customer does not object to them in
writing. Music Networx GmbH will make specific reference to this consequence
in the notice letter. The objection must be received within six (6) weeks
after receipt of the notice. If the customer exercises his or her right of
objection, the suggested change by Music Networx GmbH is considered to be rejected.
The contract will then remain in force without the suggested changes.
The right of the contractual partners to terminate the contract remains
unaffected by this provision.
14. FINAL PROVISIONS
14.1.
This contract is governed by the law of the Federal Republic of Germany.
The United Nations Convention on Contracts for the International Sale of
Goods and conflict of laws rules are not applicable.
14.2.
The place of jurisdiction is Cologne, Germany.
14.3.
If individual clauses of these Conditions of Use are or become invalid or
null and void, this does not affect the validity of the remaining
contract provisions.
