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1. Introduction 

 

These Terms of Service (the "Terms" or "Agreement") govern the contractual relationship between Maxime Luft, Komposition & Audio-Design (hereafter referred to as "We", "Us", "Our", "the Licensor"), a business specialized in providing music and audio-design content located at Friedrichstraße 46, 79098 Freiburg im Breisgau, Germany, VAT number: DE360246401, and customers (either an individual or a single entity, hereinafter referred to as the "Buyer") who purchase licenses for the usage of the Content via www.streamtechmusic.com (the "Site"). By purchasing, downloading, or using our Content (as defined below), you are agreeing to be bound by the terms of this Agreement.

 

This Agreement pertains to the granting of usage rights for the sound libraries titled as "Streamtech Music", inclusive of license keys and documentation, collectively referred to as the “Content”. Please note that the term 'Streamtech Music' is a label we use to identify a portion of our business operations; it is not a registered trademark. The Content remains the property of the Licensor, Maxime Luft, Komposition & Audio-Design. By accepting the terms of this Agreement, you, the Licensee, acknowledge that the intellectual property rights and ownership of the Content remain with the Licensor. 

 

By accessing or using the Site, the Buyer acknowledges that they have read, understood, and agree to be bound by these Terms, thereby forming a legally binding agreement with the Licensor. If the Buyer does not agree to these Terms, they must not use the Site or purchase any licenses for the usage of the Content.

 

The Licensor reserves the right, at its sole discretion, to revise these Terms at any time without prior notice. Any changes will be effective immediately upon posting on the Site. The Buyer's continued use of the Site and purchase of licenses following the posting of revised Terms indicates their acceptance of the changes.

 

2. Definitions

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The following terms and phrases shall have the meanings ascribed to them below when used in these Terms:

 

a. "Buyer": refers to the individual or entity purchasing a license for the use of the Content from the Site.

 

b. "Content": refers to the music and audio-design content including, but not limited to, sample libraries, virtual instruments, and other musical related digital products offered for license by Maxime Luft, Komposition & Audio-Design.

 

c. "License": refers to the authorization granted by Maxime Luft, Komposition & Audio-Design to the Buyer to use the Content under certain conditions as specified in these Terms.

 

d. "Licensor": refers to Maxime Luft, Komposition & Audio-Design, the provider of the Content and the owner of the Site.

 

e. "Site": refers to www.streamtechmusic.com, through which Maxime Luft, Komposition & Audio-Design offers its Content for license.

 

f. "Kontakt Player Engine": refers to the proprietary software by Native Instruments GmbH, in which the Content is designed to function.

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g. "Use": includes the access, download, install, copy or get benefit from using the Content in accordance with the License.

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h. "Maxime Luft": refers to Maxime Luft, Komposition & Audio-Design, the provider of the Content and the owner of the Site.

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i. "Terms": refers to these Terms of Service, including any revisions or updates made by Maxime Luft, Komposition & Audio-Design.

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j. "Agreement": refers to these Terms of Service, including any revisions or updates made by Maxime Luft, Komposition & Audio-Design.

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k. "Third Party": refers to any entity other than the Buyer or Maxime Luft, Komposition & Audio-Design.

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Please note that other terms may be defined in the context in which they are used throughout these Terms.

 

3. End User License Agreement

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The "End User License Agreement" (“EULA”) section within these Terms of Service specifies the conditions under which the Licensor provides its Content. It covers essential points including the grant and scope of the license, restrictions on the use of the Content, provisions for warranty and technical support, intellectual property rights, requirements for third-party software, and limitations on liability. By using the Content provided by the Licensor, you agree to be bound by the following terms:

 

a. Grant of License: Subject to the terms and conditions of this Agreement and upon successful completion of payment, the Licensor hereby grants to the Buyer, and the Buyer accepts, a non-exclusive, non-transferable, royalty-free, worldwide license to Use the purchased Content. All licenses to the Content are granted on the condition that such rights are forfeited if you fail to comply with the terms of this agreement.

 

b. Scope of License: the Licensor provides the Content for download. You, as the Licensee, can create backup copies and are responsible for the installation of the Content. The license allows the Buyer to install and Use the Content on multiple devices. The Content may be Used solely for personal and commercial purposes in music production, score creation, and similar activities. The Content shall not be resold, relicensed, or otherwise exploited for any other commercial purpose without the prior written consent of the Licensor. 

 

c. Restrictions: The Buyer shall not, without prior written consent from the Licensor: use the Content in any way that violates any applicable federal, state, local, or international law or regulation; use the Content in a way that infringes upon the rights of others; modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into human-readable form any of the Content; rent, lease, lend, sell, redistribute, or sublicense the Content. You may not exploit, distribute, or modify the Content, or any derivations thereof, for commercial gain without explicit permission from the Licensor. The Content remains the property of the Licensor and is licensed to you only as part of musical performance and composition. You are prohibited from editing, decompiling, or modifying the Content, and from circumventing or removing protection mechanisms or copyright notices within the Content.

 

d. Warranty and Technical Support: The Licensor adheres to statutory regulations regarding liability for defects, with the limitation period being one year for business-to-business agreements. You are not entitled to technical updates or support beyond statutory warranty claims.

 

e. Intellectual Property Rights: All rights, titles, and interest in and to the Content (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Content), the accompanying printed materials, and any copies of the Content are owned by the Licensor or its suppliers. All rights not expressly granted are reserved by the Licensor. The Content is protected by copyright laws, international treaty provisions and all applicable national laws. All rights are reserved.

 

f. Third-Party Software: The use of the Content may require the use of third-party software (e.g., the Kontakt Player Engine). It is the responsibility of the Buyer to acquire and comply with the terms of service or license agreements of any such third-party software.

g. Limitation of Liability: Subject to the provision below, the Licensor shall not be liable to the Licensee for any loss or damage arising out of or in connection with the use of the Content, except where such damages have been caused by the willful misconduct or gross negligence of the Licensor. Notwithstanding the above, the Licensor does not seek to limit or exclude its liability for death or personal injury caused by its negligence, or for fraudulent misrepresentation, or any other liability which may not be lawfully excluded or limited under applicable law. In the event of a breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract and on the compliance of which the Licensee regularly relies (cardinal duty), due to slight negligence by us, our employees or statutory representatives, the liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Please note that we cannot accept any liability for damages resulting from data loss on the audio recording or data storage media. The Licensor's liability for lost data is limited to the typical recovery expenses that would have been incurred in case of regular and risk-adequate making of backup copies

 

4. User Obligations/Conduct

 

a. Compliance with Laws: The Buyer agrees to use the Content in compliance with all applicable laws, regulations, and rules. This includes, without limitation, copyright laws and export control laws.

 

b. Respect for Rights: The Buyer agrees not to use the Content in any way that violates the rights of others, including but not limited to intellectual property rights.

 

c. No Unauthorized Use: Unless explicitly permitted by these Terms of Service or by the express written permission of the Licensor, the Buyer will not copy, download, distribute, publish, transmit, modify, or sell the Content. This includes the prohibition of transferring the license to third parties, renting, leasing, distributing, copying or subleasing the Content, or using it to create derivative works. If you become aware of any unauthorized duplication of the Content, please promptly notify the Licensor at https://streamtechmusic.com/contact .

 

d. Responsible Use: The Buyer will not use the Content for any illegal, harmful, or offensive use, including but not limited to the creation of content that is defamatory, obscene, invasive of privacy, or otherwise objectionable. The Buyer agrees to take all reasonable steps to protect the Content from unauthorized copying or use.

 

e. No Misrepresentation: The Buyer will not misrepresent their relationship with the Licensor, or imply any relationship or affiliation between the Buyer and the Licensor, except as expressly permitted by these Terms of Service.

 

5. Payment/Pricing

 

a. Pricing: All prices for Content and services offered on www.streamtechmusic.com are stated on the website. Prices are inclusive of VAT, which may be applied according to the Buyer's jurisdiction. The Licensor reserves the right to change the prices at any time without prior notice.

 

b. Payment Methods: Payments can be made through the payment methods specified on the website. The Buyer agrees to ensure that all payment information is current and accurate.

 

c. Payment Security: All payment transactions are processed through secure payment gateways. The Licensor does not store any card details and is not responsible for the security of your payment information.

 

6. Refunds

 

We value our customers and understand that there might be circumstances where a refund may be necessary. We appreciate your understanding that due to the nature of digital products, our refund policy must adhere to specific guidelines.

 

a. Digital Products: Due to the nature of digital goods, they typically cannot be returned after purchase. This is standard practice as digital goods cannot be physically returned. However, an exception may be made for our Kontakt Player sample libraries. If the product's serial number has not been registered, and therefore the download process has not been initiated, a refund may be considered, subject to our discretion and in line with legal norms. The right to cancel a purchase expires upon registration of the serial number as it constitutes the initiation of the download process.

 

b. Eligibility for Refunds: In instances where a product is purchased erroneously, and the serial number remains unregistered, we kindly request you to reach out to us within 14 days of the transaction. Refund requests will be considered eligible if submitted within 14 days from the purchase date, as indicated on your Order Confirmation Email.

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c. Criteria for Refund: The full purchase price may be refunded if any of the following conditions apply:

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 - Your bank / Paypal account was illegally charged (fraud).

- You provide a reasonable rationale for the refund.

- The product's serial number remains unregistered.* 

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Conditions marked with an asterisk (*) are mandatory.

 

d. Refund Request Process: To request a refund, please send us a clear statement (via https://streamtechmusic.com/contact ) informing us of your decision to terminate the agreement. The communication regarding your refund request must be sent before the refund eligibility deadline.

 

e. Refund Policy Exceptions: The right to cancel a purchase regarding digital content not stored on a physical medium is forfeited once the provider begins to execute the agreement after receiving express consent from the consumer. The Buyer must acknowledge the forfeiture of cancellation rights upon the initiation of agreement execution. If the services begin before the cancellation deadline, an amount proportional to the overall services specified in the agreement provided up to the point of cancellation may be charged.

 

f. Resales and License Transfers: Our Content cannot be resold under any circumstances, and we are unable to transfer any licenses between accounts.

 

g. Customer Support: Our support team is available to assist if you believe your case qualifies for a refund. We aim to provide an outstanding customer experience, offering comprehensive walkthrough videos for our products and always available to answer any questions before and after your purchase. Please write us at https://streamtechmusic.com/contact .

 

h. Refund Policy Acceptance: By completing a purchase of our Content, you signify your acceptance of our Refund Policy. We recommend reviewing this policy carefully before making a purchase.

 

7. Privacy Policy

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You can find the full text of our Privacy Policy at www.streamtechmusic.com/privacy-policy

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Please take the time to familiarize yourself with our Privacy Policy before using our services. We take your privacy seriously and are committed to protecting your personal information. The collection, use, and protection of your information is subject to our Privacy Policy. When you use our website and services, you are agreeing to our Privacy Policy and consenting to the collection, use, and storage of your personal information as outlined therein.

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Our Privacy Policy details how we handle and safeguard your personal information. It explains the types of personal information we collect, how it is used, and the choices you have with respect to your personal information. Furthermore, it outlines our procedures in relation to the access, correction, and deletion of personal data.

By agreeing to these Terms of Service, you are also agreeing to our Privacy Policy, and you acknowledge that the Privacy Policy forms an integral part of these Terms.

 

8. Limitations of Liability and Warranties

 

The Licensor makes no representations or warranties of any kind, express or implied, as to the operation of the Site, or the information, content, materials, or products included on this site. You expressly agree that your use of the Site is at your sole risk.

 

To the full extent permissible by applicable law, the Licensor disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. The Licensor does not warrant that this site, its servers, or emails sent from us are free of viruses or other harmful components. The Licensor will not be liable for any damages of any kind arising from the use of the Site, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

 

In no event shall the Licensor, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

 

The Licensor's total liability to you from all causes of action and under all theories of liability will be limited to the amount you have paid for the product causing the liability. This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this agreement.

 

9. Termination

 

The Licensor reserves the right to terminate your access to and use of the Site and services at any time, with or without cause or notice, effective immediately. This includes, without limitation, if the Licensor has reason to believe that you have violated these Terms of Service or any other policy of the Licensor, or if you pose a risk or possible legal exposure for the Licensor.

 

Upon termination of your access to the Site, your right to use the Site and services will immediately cease. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

You may also terminate these Terms of Service at any time by ceasing all use of the Site services. However, all sections of these Terms of Service which by their nature should survive termination will continue in effect after your use of the Site services ends.

 

Upon the termination of your account, we will take steps to delete your personal information from our systems. This includes any personally identifiable information and account details. Please note that some information may remain in archived/backup copies for our records or as otherwise required by law. In addition, any public activity on your account prior to deletion may remain stored on our servers and accessible to the public.

 

If you have any questions about data retention or deletion, please contact us at https://streamtechmusic.com/contact .

 

10. Changes to the Terms

 

The Licensor reserves the right, at its sole discretion, to modify or replace any part of these Terms of Service. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Site following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

In case of substantive changes to these Terms of Service, the Licensor will provide a minimum of 30 days' advance notice where possible, which may be facilitated by posting a notice on our Site, by sending you an email, and/or by any other suitable communication method.

 

By continuing to access or use the Site after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, please discontinue using the Site and services.

 

11. Dispute Resolution, Law, and Jurisdiction

 

For any disputes arising out of or in relation to these Terms of Service, including their validity, breach, termination, or nullity, the parties shall first attempt to resolve the issue amicably. If a resolution is not reached, such disputes shall be resolved by competent courts located in Freiburg im Breisgau, Germany.

 

These Terms of Service and any separate agreements whereby we provide services shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, with the exclusion of the provisions of the UN Convention on the International Sale of Goods. This choice of law shall only apply to a consumer insofar as it does not contradict the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.

 

Please note that for the settlement of disputes arising from online contracts, the European Commission provides a platform for online dispute resolution (ODR) that can be accessed through this link.

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Please be aware that the Licensor is not obligated to participate in dispute settlement proceedings before a consumer arbitration board but may choose to do so. In the case where we decide to participate or are obligated to participate, we will provide specific information on this process at that time.

 

For business customers, or individuals without a primary residence in Germany, or those who have moved their primary residence out of Germany after these Terms of Service have been accepted, or those whose primary residence is unknown at the time of any dispute, the agreed jurisdiction for any legal disputes arising from this agreement shall be Freiburg im Breisgau, Germany.

 

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions. In such instances, the invalid provision shall be replaced by the applicable statutory provision. The place of jurisdiction is Freiburg im Breisgau.

 

These Terms of Service may be translated into languages other than German for the convenience of our users. In case of any discrepancy between the German version and a translated version, the German version of these Terms of Service shall prevail.

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12. Final note

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These Terms of Service were last updated on May 18, 2023.

If you have any queries about these Terms of Service, please contact us at https://streamtechmusic.com/contact

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