Terms of Use »

General
(1) CRYOGEN operates a server system and supplies software which enables the supplier to operate individual services to legally download from the "CRYOGEN - Music Store“. In this download store, customers can investigate and, against payment, acquire and download various songs that have been placed at their disposal for purely private use.
(2) The customer must be in possession of suitable online technology and, at his own cost and risk, have access to electronic services and media ("internet“) in order to be able to make use of the services provided by the supplier. Should there be any changes in the technical standard in the internet or of the supplier, then the customer is to make the necessary adjustments to such changes at his own cost. The supplier does not guarantee compatibility nor does he give assurance in this respect.

Description of Services and Delivery
The supplier enables the customer to listen to a music title for 20-30 seconds as a sample. The music titles for which samples are available are marked accordingly. The sample may be heard free of charge and is not binding. The customer chooses a product from the contents and places it in the shopping cart. The customer confirms the purchase by clicking the “Checkout“ button in their shopping caet. Finally, the necessary information is given to the service processing the payment. Once the payment has been processed, the customer will be sent an e-mail containing a download link allowing him to begin downloading. The contents purchased are delivered in a non-compressed .mp3 file. The .mp3 file is stored on the customer’s computer by clicking the “Save” button in the dialogue window which appears during the download.

Transfer of Risk
(1) The risk of incidental loss and the possibility of deterioration is transferred to the customer when the download link is made available to the customer.
(2) The customer is obliged to report to the supplier immediately however not later than 14 days after becoming aware that the download has been either incomplete or insufficiently carried out.

Rights and Copyrights
(1) The contents offered are all protected by copyright or other ownership rights. The customer herewith expressly acknowledges the existence of such rights. Within the framework of the range of services and products, the customer acquires the simple, non-transferable and non-exclusive right to use the contents offered solely for his personal use and in the form offered. Within the framework of the contractually agreed utilization, the writing of contents onto CDs or other playback devices belonging to the customer is allowed solely for personal use.
(2) The customer is not allowed to change the contents in any way or form whatsoever or to use changed versions, to copy the contents for third parties, to make the contents available to or to pass them on to third parties, to imitate, resell, etc., or to use them for commercial purposes. Transmission of the rights to third parties is explicitly excluded. The transmission of rights is considered to be completed when the download is concluded, although this is subject to the full purchase price being paid. Any form of utilization diverging from the allowed usage, for example letting, broadcasting, publicly performing, licensing to third parties, in particular making the contents available in the internet and other electronic networks (file-sharing) as well as the commercial utilization of contents is not allowed. Infringement of these regulations will lead to the rights of utilization becoming invalid and will lead to claims for damages being made. When using the contents acquired, the customer must observe all current and valid legal regulations, particularly the stipulations contained in the Copyright Act.
(3) The supplier reserves the right to grant more extensive, purchasable rights of utilization of the current contents. In individual cases, the rights can be restricted, further utilization by means of Digital Right Management Systems (DRM - Systems) may be limited. The supplier reserves the right to apply digital watermarks to the music data offered. Digital watermarks consist of non-audible information which can be inserted into audio data.

Price
The prices quoted on the "CRYOGEN - Music Store" website at the time of placing the order are binding. With the update of the "CRYOGEN - Music Store" website, all earlier prices and other information concerning goods become invalid. The prices quoted do not include online costs charged by the internet service provider, especially costs accruing for the period of download.

Payment
Payment is made by means or PayPal. The General Terms and Conditions of Business as well as payment conditions of each individual payment service supplier are to apply.

Liability
(1) The utilization of services is at the customer’s risk. The customer is responsible for his personal access data and above all his password being kept secure from third parties and is responsible for each and every action made with the use of his access data. In particular he is responsible for making the necessary payments. The customer is himself and directly liable for any justifiable infringement of rights of third parties. In the case of well-founded claims of third parties, the customer is obliged to release the supplier inasmuch as customer does not prove that he is not responsible for the infringement of rights for which damages are being claimed.
(2) The supplier does not guarantee that the services and products offered meet the customer’s requirements and that they can be made available at any time without interruption, promptly, safely and faultlessly. The supplier undertakes no guarantee that the hardware and software utilized for the services or products offered operate perfectly at all times or that any faults in the hardware or software be corrected. Services and products are offered by the supplier in a lay-out considered by him to be good and under the proviso of availability.
(3) The downloading or otherwise receipt of contents in connection with the service or product offered is at the risk of the customer. The customer is solely responsible for any damage to his computer system or to any other technical equipment used, for any loss of data or for other damages caused by the download or any other transaction in connection with the service and product offered. Liability for all damages, particularly for the customer’s loss of data and the malfunctioning of his hardware caused by the incompatibility of his hardware and software with the supplier’s system or for the customer’s system malfunctions caused by previously existing lack of configuration or by old, unusable, not completely removed drivers, data or data fragments is excluded.
(4) The liability of the supplier, should such a case arise regardless of the legal base on which it is made and in spite of the aforementioned regulations, is limited in every case to damage caused by intention or gross negligence or is founded on infringement of one of the important obligations of contract. For damages resulting from negligible infringement of one of the important obligations of contract, liability for consequential damages and resulting untypical damages is excluded and in other respects liability is limited to the average amount of damages typical for the contract. Any obligatory liability according to the Product Liability Laws remains untouched.
(5) Notwithstanding the suppliers’ liability for defects, the customer is obliged to inform the supplier in writing immediately but at the latest within a period of 14 days from the date of becoming aware of the reason for complaint concerning performance.