§ 1 contract conclusion

1.1

Gramophone Productions offers music titles to the customer to the use as Square Dance music. The music titles are made available as CD, mini disk, on-line ones as MP3 or Vinyl record. As soon as the customer sends the order, it is as Mailorder (“order by email”), or over a Onlineshop, orders it the music titles selected of it to the following conditions as per contract. This applies also to a telephone and postal order. Before you do this, read please carefully the conditions as per contract. With the order of Musiltiteln of Gramophone Productions explains the customer that it read the general trading conditions and agrees with them.

1.2

Representations and descriptions of the music titles in the Internet and in product descriptions are not characteristic warranties. The customer the technical application type are well-known and - conditions of the media of the music titles. On request Gramophone Productions communicates further technical details.

1.3

For the musical rights at the music titles Gramophone Productions pays the due royalties to the GEMA.

§ 2 area of application

To the business relation between Gramophone Productions and the orderer apply excluding the following general trading conditions in their at the time of the order valid version. Deviating conditions of the orderer not on Gramophone Productions recognizes, it is, Gramophone Productions their validity would expressly in writing have agreed.

§ 3 guarantee

3.1

Gramophone Productions ensures that the music titles are applicable according to the ordered medium on the playing devices suitable for the medium. Gramophone Productions does not take over a guarantee for the fact that the music titles for the tasks planned by the customer are suitable.

3.2

Gramophone Productions does not ensure that provided texts are correct and/or error free, since it concerns here a free Zusatzleistung on the part of Gramophone Productions.

3.3

Gramophone Productions can furnish guarantee by rework. The rework takes place after choice from Gramophone Productions via hiring of new media or via it that Gramophone Productions works these media over again. If the rework fails after several attempts despite in writing set appropriate set period of exclusion finally and clearly, the customer has the right to lower the remuneration or to cancel the contract. To claims for damages § 9 applies.

3.4

The customer is obligated obvious lack to examine the media immediately after the hiring and at least within one week under specification in writing (also by email) to rügen.

§ 4 rights to use

4.1

The customer receives in the following described extent at the music titles a simple, temporally unlimited right to use in that. All not expressly stated rights to use in all other respects remain in the relationship between the contracting parties with Gramophone Productions.

4.2

The customer is entitled, the music titles on any to use technically suitable computers/playing equipment. The music titles may be used however at each time only by a person on a computer/playing equipment, never at the same time on two or several computers/playing devices, neither by the same customer nor by different persons. The right to use applies only to the original data set of the supplied media The customer can provide a backup copy, which he may use however not at the same time apart from the original data from the media.

4.3

The customer is not entitled without previous written agreement of Gramophone Productions to use the music titles in other way than technically in § 4,2 described to multiply and spread

-         the music titles to letting to lend to use together with third or to permit in other way the use through third; ·

-         Working on and arrangements, which the customer (also film music and Multi mediawerke, etc.) manufactured, to multiply and spread; ·

-         the copyright notices contained in the data, other reservations of rights, to change or remove serial numbers as well as other the data identification serving characteristics. ·

-         the music titles third to pass on on, is not, the customer stops the use of the files finally and retains a copy.

4.4

Gramophone Productions draws the attention of the customers expressly to the fact that itannounce the following uses and - remuneration requiring is and/or that it requires for this the agreement of the respective holder of a right of the music titles themselves (in particular the GEMA): to specify ·

-         the music titles to send to show publicly or to make it accessible third in other way; ·

-         Working on and arrangement (also film music to send and show in other form publicly to manufacture Multimedia works etc.) to implement.

4.5

If the use does not correspond music titles by the customer to the defaults of the rights to use specified here and thereby if patent rights are hurt by Gramophone Productions, Gramopho ne Productions is justified, without computing proof the remuneration for appropriate music titles in double height, mindesten however € 250.00 as minimum damage. The asserting of further payment of damages is thereby impossible.

4.6

Depending upon order Gramophone Productions commits itself to grant to the customer a use exclusivity. Are intended: ·

-         Absolute exclusivity: Gramophone Productions will sell the title only to the firstordering customer for use. A passing on to third is not intended of both parties. Copyrights remain however in each case with Gramophone Productions.

-         Exclusivity limited: Gramophone Productions will sell the title to the firstordering customer for exclusive use for one year. A passing on to third is not intended of both parties in this time. Afterwards a marketing can take place via Gramophone Productions as „Small Series (see there). Copyrights remain however in each case with Gramophone Productions. ·

-         Small Series: Gramophone Productions will manufacture the title according to the desires of the firstordering customer and will sell the title in a begrenten edition. Copyrights remain in each case with Gramophone Productions. The titles can be specified of the GP-Staff for advertising purposes. Gramophone Productions reserves itself to publish the titles of the Small Series generally available again two years after appearance. Gramophone Productions reserves itself to reject the production of individual titles as Small Series and to offer as entrance the limited exclusivity

§ 5 prices, discounts and special offers

5.1

The current prices and price progressive rates (quantity discount) as well as forwarding expenses in the off-line selling take you from our price list and/or the individual offer.

5.2

Gramophone Productions reserves itself, with larger production costs, which are caused by changes of the customer, production costs after expenditure and previous consultation with the customer to place in Rechung.

§ 6 payment

6.1

The customer carries the remuneration out in on-line selling by payment of his customer account or by credit card and/or in the off-line selling by debit, transfer or cash on delivery.

6.2

Up to the reconciliation of all demands of Gramophone Productions opposite the customer, the grant of the rights to use stands under the condition of the complete reconciliation of these demands. Gramophone Productions can recall the use powers, if the customer comes into delay of payment and also on written warning with revocation menace does not pay or if it does not keep the use conditions (§ 4).

6.3

A dissolution of the customer account is at any time possible. If the customer has at this time assets on his customer account, it this is returned with consideration of § 6,4. But Gramophone Productions raises a handling charge to 5.00 EUR.

6.4

All due to the agreed upon purchased quantity granted discounts futile and on the actual purchased quantity z.Zt. to the dissolution of the customer account are again-computed.

§ 7 entrance data to on-line range

7.1

The customer is responsible for the fact that no unauthorized third entrance to its personal on-line entrance data (user name and password) receives.

7.2

The customer will inform Gramophone Productions immediately, if him the personal entrance data are misplaced or if in other way the possibility of the abuse of the customer account results through third. After entrance of the loss message Gramophone will close Producti ons the account of the customer immediately. Before entrance Gramopho ne Productions is not responsible to the loss message for an unauthorized call deductions of the customer account, associated by music titles and for. Third call further music titles up in the time between the loss message and the blockage of the customer account, then the customer bears the cost resulted from it as far as a height of 50,00 EUR (loss lump sum). Up to the height of the loss lump sum Gramophone can place pro ductions also the expenditure for the treatment of the loss message in calculation to the customer.

§ 8 data security

Gramophone Productions may process in the context of the contractual relation the personal data become known by machine only for internal purposes and on basis of the data security-legal regulations. Gramophone Productions may pass the data on if necessary also at suppliers for the purpose of the achievement and account in fulfilment of the contractual relation.

§ 9 adhesion

9.1

As far as below nothing else results, are large requirements of the customer -- directly from which arguments -- excluded. Gramophone Productions is not responsible therefore for damage, which did not develop at the delivery article; in particular Gramophone Productions is not responsible for escaped profit or for other financial damages of the customer. As far as the adhesion is excluded from Gramophone Productions or limited, this applies also to the personal adhesion of employees, representatives and executing aides.

9.2

Managing limitation of liability does not apply, as far as the cause of the damage is based on resolution or rough negligence or a personal injury is present. Furthermore it applies not if the customer of requirements makes out §§ 1, 4 product liability law, requirements valid because of the absence of a assured characteristic or claims for damages because of default in accordance with §§ 463, 480 exp. 2 BGB.

9.3

If Gramophone Productions hurts negligently a contract-substantial obligation, the obligation to indemnify for damages to property is limited to the typically developing damage.

§ 10 of revocation - and return right

10.1

With orders by email, and by means of other remote means of communication customers, the consumers have fax, letter, telephone are (thus lock the contract over music titles neither in practice of their commercial nor their independent vocational activity) a right for the revocation of the contract in accordance with §§ 312 D, 355 BGB. This applies however only, if the customer orders the music titles on CD/MD, and if the customer did not unseal the supplied media (§ 312d exp. 4 numbers. 2 BGB). With the Download of music titles in on-line selling no right of revocation exists, since on-line left files are not suitable for the return at Gramophone Productions (§ 312d exp. 4 numbers. 1 BGB). Music titles, which are provided in the customer order, are excluded from a return.

10.2

The period for the revocation begins in the case of supply by post office with the entrance supplied music titles at the customer. A condition for the commencement of a term is further that Gramophone Productions communicated at the latest up to the supply of the commodity the legally prescribed information (§ 312c exp. 2 BGB) to the customer. The right of revocation expires also without report of these information at the latest 6 months after supply of the music titles.

10.3

The revocation is in text form, i.e. by email to explain letter or fax to the following address:

Gramophone Productions

Stankertstrasse 35

78052 VS-Tannheim

info[at]gramophoneproductions.de

FAX: +49 12126-joekromer

The revocation can be explained also by return of the commodity to this address. It does not have to be justified. For observance the punctual sending off meets the two-week period of revocation.

10.4

If the customer exercised his right of revocation, then he is committed to supplied music titles to the return. Gramophone Productions refunds the costs of the return, if the purchase order value amounts to at least 25.00 €. Gramophone Productions pays the purchase price back as well as return costs which can be refunded by transfer on the account specified by the customer, or when desired as credit note on the service account, if this is present.

10.5