Mixing Monster Terms And Conditions
Mixing Monster Terms And Conditions
The Terms and Conditions were last updated on June 30, 2024 These Terms and conditions apply to this website and to the transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail. By registering with, accessing, or otherwise using this website, you hereby agree to be bound by these Terms and conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree. By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing. We or our licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website. 4.1 All the rights are reserved Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote). Notwithstanding the foregoing, you may forward our newsletter in the electronic form to others who may be interested in visiting our website. Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us. We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information. By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website. Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited. You may register for an account with our website. During this process, you may be required to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information, or secured access to our website or services with any other person. You must not allow any other person to use your account to access the website because you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password. After account termination, you will not attempt to register a new account without our permission. Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media. We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website. Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that: Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional. The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website. Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature. To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date. We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. Any emails sent by us to you will only be in connection with the provision of agreed products or services. We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Statement and our Cookie Policy. Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of Germany. Through this Website we may engage in affiliate marketing whereby we receive a percentage of or a commission on the sale of services or products on or through this website. We may also accept sponsorships or other forms of advertising compensation from businesses. This disclosure is intended to comply with legal requirements on marketing and advertising which may apply, such as the US Federal Trade Commission Rules. You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void. Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you. You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims. Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language. These Terms and Conditions, together with our privacy statement and cookie policy, constitute the entire agreement between you and Simon Kraemer in relation to your use of this website. We may update these Terms and Conditions from time to time. It is your obligation to periodically check these Terms and Conditions for changes or updates. The date provided at the beginning of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions. These Terms and Conditions shall be governed by the laws of Germany. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of Germany. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected. This website is owned and operated by Simon Kraemer. You may contact us regarding these Terms and Conditions through our contact page. You can also download our Terms and Conditions as a PDF.1. Introduction
2. Binding
3. Electronic communication
4. Intellectual property
5. Newsletter
6. Third-party property
7. Responsible use
8. Registration
9. Idea submission
10. Termination of use
11. Warranties and liability
12. Privacy
13. Export restrictions / Legal compliance
14. Affiliate marketing
15. Assignment
16. Breaches of these Terms and conditions
17. Indemnification
18. Waiver
19. Language
20. Entire agreement
21. Updating of these Terms and conditions
22. Choice of Law and Jurisdiction
23. Contact information
24. Download
Mixing Monster Individual Agreement
1. Scope / General Terms And Condtions
1.1
For the business relationship between Mixing Monster, owner: Simon Kraemer, Steilshooper Str. 15, 22305 Hamburg (from now on “seller”) and the customer (from now on “customer”), the following general terms and conditions apply exclusively in the version valid at the time of the order.
1.2
By accessing the website at http(s)://mixingmonster.com, the customer agrees to these terms and conditions, terms of use, and all applicable laws and regulations and acknowledges that he is responsible for compliance with all applicable local laws. If the customer does not agree to one of these terms and conditions, he is prohibited from using or accessing the website above. The materials contained on this website are protected by applicable copyright and trademark law.
1.3
You can contact our customer service at email@mixingmonster.com for questions, revisions, and complaints on business days.
1.4
A consumer within these terms and conditions is any natural person who concludes a legal transaction for a purpose that can predominantly neither be attributed to their commercial nor their independent professional activity (§ 13 BGB).
1.5
Deviating terms and conditions of the customer are only recognized if the seller expressly agrees to their validity.
2. Offers And Service Descriptions
2.1
The presentation of the online shop’s services, access licenses, and products does not constitute a legally binding offer but an invitation to place an order. Service descriptions on the seller’s websites and social media accounts do not have the character of an assurance or guarantee.
2.2
The materials on the seller’s websites could contain technical, typographical, or photographic errors. The seller does not guarantee that the materials on its website are correct, complete, or up-to-date. The seller may change the materials on his website and the terms and conditions at any time without prior notice. However, the seller is not obliged to update the materials. Incidentally, errors remain reserved.
3. Order Process And Conclusion Of Contract
3.1
The customer can select non-binding services, access licenses and products from the seller’s offer, and collect them in a shopping cart using the “ADD TO CART” button. The service, access license, and product selection can be changed, e.g., deleted, within the shopping cart. Coupon codes can be entered into the shopping cart and applied to the permitted services, access licenses, and products in the shopping cart using the “APPLY COUPON” button. The customer can then complete the order process using the “PROCEED TO CHECKOUT” button in the shopping cart.
3.2
If the customer orders services (e.g., mixing and mastering of recorded music material), he acknowledges that he has requested and confirmed the immediate provision of the service before the withdrawal period has expired. The customer further acknowledges losing his right to withdraw after the service started.
3.3
Via the “BUY NOW” button, the customer submits a binding application to purchase the services, access licenses, and products in the shopping cart. Before submitting the order, the customer can change and view the data anytime and use the “Back” browser function to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).
3.4
The seller then sends the customer an automatic confirmation of receipt by email, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt only documents that the seller has received the customer’s order and does not constitute acceptance of the application. The purchase contract is only concluded when the seller confirms the order with a second email, explicit order confirmation, or sending the invoice.
3.5
By explicitly clicking on the necessary check boxes before submitting his binding order, the customer declares his agreement to read and understand these terms and conditions, the cancellation policy terms and conditions, and our data protection declaration.
4. Prices And Shipping Costs
4.1
No VAT is charged on all prices stated on the seller’s website, as the seller is a small business owner according to Section 19 (1) UstG.
4.2
The seller does not charge any shipping costs at the prices stated, as the services, access licenses, and products offered are made available digitally for download.
5. Delivery And Availability Of Services, Access Licenses And Products
5.1
Services, access licenses, and products are delivered/provided exclusively digitally. The seller does not ship any physical products or media. The files and data offered for download are located on servers in Germany.
5.2
The end products of the services offered (e.g., processed audio files), access licenses and digital products are provided via an explicit download function (e.g., “download button”). The seller informs the customer about the possibility of using these download functions and any passwords for access by email. Downloads or access are generally made on secure customer pages or from the customer account.
5.3
Access licenses and digital products the customer purchases can be used/downloaded after creating a customer account.
5.4
Should the delivery/provision of the services, access licenses, and digital products fail due to the seller’s fault despite an attempt to make them available within the delivery/availability periods declared on the seller’s website, the buyer can withdraw from the contract. Any payments made will be reimbursed to the customer immediately.
5.5
Should the customer, after the proper delivery/provision of the services, access licenses and digital products (within the meaning of paragraphs 5.1, 5.2, 5.3) through his fault or the fault of his internet provider, be technically unable to receive the end product of a service, an access license or a digital product within a reasonable time frame, the buyer cannot withdraw from the contract. Any payments made will not be reimbursed to the customer.
5.6
The buyer can withdraw from the contract if the ordered service, access license, or digital product is unavailable because the seller cannot process or provide it through no fault. In this case, the seller will inform the customer immediately and, if necessary, reimburse the customer for any consideration already provided.
5.7
If the customer orders several services (e.g., the mixing and mastering of several audio projects), the delivery times/availability periods naturally increase within the meaning of the corresponding multiplication of the individual delivery times/availability periods.
5.8
Customers are informed about delivery times and restrictions on a separate information page or within the product description.
6. Payment Modalities
6.1
The customer can choose from the available payment methods as part of and before completing the order process. Customers are informed about the available means of payment on a separate information page. The payment methods are not stated in these terms and conditions but on the “payment methods” page.
6.2
Payment must be made in advance without any deductions.
6.3
Their general terms and conditions apply if third-party providers are commissioned to process payments, such as PayPal, WooCommerce, or Stripe.
6.4
The customer is only entitled to offset if the seller has legally established or recognized his counterclaims. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention Of Title, Restrictions And User Rights
7.1
The delivered/provided services, access licenses, and digital products remain the seller’s property until full payment.
7.2
Until full payment has been made, the customer is not permitted to:
- download, modify, or copy materials,
- use materials for commercial purposes or any public presentation (commercial or non-commercial);
- trying to record or decompile content (e.g., audio content) contained on the website,
- remove any copyright or other proprietary notices from the materials or
- transferring the website’s content to another person or “mirroring” the material on another server.
7.3
The customer’s rights to use specific materials / digital products (e.g., granted access licenses to video courses) are limited to online use. A suitable technical device and a permanent, sufficient internet connection are required to access and use these licenses.
7.4
It is forbidden to download, record, photograph, or decompile offered instructional videos, instructional texts/books, or graphics unless the access license and the digital product expressly permit this. Violations will be prosecuted. You are required to destroy any illegally downloaded material in your possession (in any electronic or physical form). Any of these actions are explicit violations of these terms and conditions.
7.5
The content and materials on the seller’s website are subject to German copyright law. Duplication, processing, distribution, or any form of exploitation outside the limits of copyright law, including these terms and conditions, requires the seller’s prior written consent.
7.6
The customer expressly acknowledges that the seller can reject any requests to purchase the services, access licenses, and products in the shopping cart or any revisions to services made without giving reasons.
8. Material Defect Warranty And Guarantee
8.1
The guarantee is determined according to legal regulations.
8.2
The services, access licenses, and digital products delivered/provided by the seller are only guaranteed if this has been expressly stated in the product description and these terms and conditions.
8.3
The seller offers a 50% “money-back guarantee” for first-time customers if the customer is dissatisfied with the end product (e.g., an audio mix) of the service provided, does not want to use free revisions, and expressly informs the seller of this. This 50% “money-back guarantee” generally only applies to a single service, even if the customer bought several services when ordering for the first time. Any discount code previously entered by the customer for this order will be deducted from the 50% refund, or the refund percentage will be reduced. The period in which the customer can claim the 50% “money-back guarantee” is limited to 7 working days after receiving a personal download link for the (possibly revised) end product of the service provided.
9. Liability
9.1
The following exclusions and limitations of liability apply to the seller’s liability for damages, irrespective of the other statutory entitlement requirements.
9.2
The seller has unlimited liability insofar as the cause of the damage is based on intent or gross negligence.
9.3
Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the violation of which jeopardizes the achievement of the purpose of the contract, or for the violation of duties, the fulfillment of which enables the proper execution of the agreement in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4
The above limitations of liability in these terms and conditions do not apply in the case of injury to life, body, and health for a defect after assuming a guarantee for the quality of the product and fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5
Insofar as the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
9.6
The seller tries to keep the information on his website and these terms and conditions up to date but does not accept any liability for the content provided. According to Section 7, Paragraph 1 of the German Telemedia Act (Telemediengesetz), the seller, as a service provider, is responsible for his content on these pages according to the law. According to §8 to 10 TMG, the seller is not obliged to monitor transmitted or stored third-party information. However, the seller will immediately remove such content upon becoming aware of legal violations. In this case, the seller’s liability begins at the time of knowledge of a corresponding breach of the law.
9.7
The materials on the seller’s websites are provided “as is.” Seller makes no warranties, express or implied, and at this moment, disclaims all other warranties, including any implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other infringement of rights. Furthermore, the seller makes no representations or warranties as to the accuracy, likely results, or reliability of the use of the materials on its websites or otherwise concerning such materials or on any other websites linked to its websites.
9.8
In no event shall the seller be liable for damage (including damage due to loss of data or profit or due to business interruptions) resulting from the use or inability to use its websites or their offers, even if an authorized representative of the seller has given verbally or in writing the possibility of such damage was informed. Because some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages, those limitations may not apply to the customer.
9.9
The seller has not checked all external websites linked to its websites and is not responsible for their content. The link to an external website does not imply the seller’s approval of this website. Using such a linked website is at the user’s own risk. Please also check the terms and conditions on external websites.
10. Storage Of The Contract Text
10.1
The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2
The seller also sends the customer an order confirmation with all order data to his provided email address. With the order confirmation, but at the latest with the delivery/provision of the services, access licenses, and products, the customer receives internet links to the websites of the terms and conditions, the cancellation policy, and the information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can see the orders you have placed in your profile area. In addition, we save the contract’s text and offer it online for inspection.
11. Final Provisions
11.1
The place of jurisdiction and fulfillment is the seller’s registered office (see point 1 of these terms and conditions). These general terms and conditions are subject to the laws of Germany and are interpreted accordingly. The user/customer irrevocably submits to the exclusive jurisdiction of the courts in that state or place.
11.2
The seller can change these website terms and conditions without prior notice. Using the seller’s website, the user/customer agrees to the current version of these terms and conditions.
11.3
The European Commission’s platform for online dispute resolution (OS) for consumers is at http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.
