Terms and Conditions
§ 1 Scope of Application
1. The following general terms and conditions govern the contractual relationship between audiohub GmbH, Schallstr. 13-17, 50931 Cologne, Germany (hereinafter "audiohub", "Provider") and individuals who purchase licenses to use music titles through the provider's website (hereinafter "User").
2. The provider does not recognize conditions that are deviating or contrary unless they have been expressly agreed to in writing.
§ 2 Applicable Law
This contract is subject to German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the contracting party is a consumer, statutory provisions for the protection of consumers in the country of the contracting party remain unaffected. The CISG shall not apply.
§ 3 Services
audiohub provides music titles for download on the websites audiofire.de, audiofire.fr, audiofire.io, for which the User receives usage rights (see § 6).
§ 4 Conclusion of Contract
The contract is concluded by downloading the music file.
§ 5 Registration
1. To be able to obtain audio files and usage rights to them, the User must download the desired music file. Registration is not required for this.
2. Registration/creation of a User Account is optional. The provider activates the User Account. There is no entitlement to account activation. An account offers advantages such as storing favorites, creating licenses.
§ 6 Licensing Terms
1. The license model includes the following services and usage rights:
"Free" License
The free audiofire service (license name "Free") may only be used by individuals. The included music titles can be downloaded for free and used in any number of own videos. These videos can be published indefinitely online on the user's own social media channels and website (e.g., on YouTube, Facebook, Instagram, TikTok, Twitter, Twitch).
Published videos containing music from audiofire automatically receive a copyright notice, allowing ads to be placed over the video. The ad revenue goes to the copyright holder of the music. Thus, channel monetization by the User is not possible. Whitelisting or claim resolution is also not possible. The copyright notice has no negative impact on the channel.
The usage rights according to (1.) "Free" include the following details:
2.1 The transfer of usage rights and the distribution of the audio files are prohibited unless explicitly agreed by audiohub GmbH.
2.2 The following edits aiming at a precise integration of an audio file into a video are permitted without the copyright holder's consent:
Cutting, rearranging, transposing, timestretching, fading in/out, looping, EQing, reverb effects, mastering, pitching.
2.3 The music title may not be used in a context that is not compatible with the laws and the constitution of the Federal Republic of Germany or the European Union. In particular, the use is prohibited in projects related to political or religious extremism, pornography, or glorification of violence.
2.4 It is not allowed to register the music title in fingerprinting databases (e.g., Content-ID, Facebook Rights Manager) via a digital distributor (e.g., AdRev, Distrokid, Tunecore, CD Baby, Indiefy, Haawk, Identifyy, audiam, iMusician, Feiyr, audible, Zebralution etc.). audiohub GmbH retains all ownership rights to the recording.
2.5 The music title may not be resold or published as such - even if it is sung, rapped, or altered in any other way. Furthermore, the music title may not be used in videos intended to be distributed under Creative Commons or other Public Domain licenses.
2.6 The music title may only be used in videos. Use in other media (e.g., in podcasts or audiobooks) is not permitted.
2.7 Videos can only be published online. Offline publication (e.g., TV, cinema, venues, events) is not allowed.
2.8 Customer orders and projects by companies, editorial offices, and authorities are not covered.
§ 7 Liability
1. The provider is liable according to statutory provisions if the User claims damages based on intent or gross negligence, including that of representatives or vicarious agents of the provider. As far as no intentional breach of contract is attributed to the provider, the liability for damages is limited to the foreseeable, typically occurring damage.
2. The provider is liable according to statutory provisions if he culpably violates an essential contractual obligation; even in this case, however, the liability for damages is limited to the foreseeable, typically occurring damage. An essential contractual obligation is present when the breach of duty pertains to a duty on which the User has relied and was entitled to rely.
3. Liability for negligent injury to life, body, or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.
4. Unless otherwise regulated above, liability is excluded.
5. The provider's liability is particularly excluded if the provider's performance (music downloaded by the User) was uploaded/registered in audio fingerprint databases by a third party contrary to § 7 para. 2.5 of these terms and conditions through distribution service providers (e.g., AdRev, Distrokid, Tunecore, CD Baby, Indiefy, Haawk, Identifyy, audiam, iMusician, Feiyr, audible, Zebralution etc.). However, the provider commits to actively cooperate in resolving any conflict that may arise and to take action against the breach of these terms and conditions.
§ 8 Dispute Resolution
1. The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at http://ec.europa.eu/consumers/odr/.
2. The provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
§ 9 Venue
The exclusive venue is Cologne, provided that each party to the contract is a merchant or legal entity of public law or has no general jurisdiction in Germany.
§ 10 Final Provisions
Should any of the preceding provisions be ineffective, the effectiveness of the remaining provisions shall remain unaffected.
B. Consumer Information
1. Identity of the Entrepreneur
audiohub GmbH
c/o audiofire
Managing Directors: Nikolas Weber, Dominik Weber
Schallstr. 13-17
50931 Cologne
Germany
Email: info@audiohub.com
2. Storage of Contract Text and Contract Language
The text of the contract can be viewed by the User at any time.
The contract language is German.
3. Essential Characteristics of the Services
The essential characteristics of the services offered can be found on the respective product pages.
5. Information about Delivery Conditions and Delivery Time
The audio files are made available for download immediately after the conclusion of the contract. The User can access the download link by clicking on the MP3 download button next to the desired music title. Licenses can be generated using the License button.