General Terms & Conditions
1. SCOPE OF APPLICATION / CONTACT DETAILS
These general terms and conditions (hereinafter referred to as "GTC") shall apply to all contracts concluded between us, IDAGIO GmbH, Reinhardtstraße 47, 10117 Berlin, Germany, Telephone: , e-mail: firstname.lastname@example.org (“we”, “us”), and you as our customer via our website www.idagio.com and/or our mobile and/or desktop applications.
1.1. Divergent, contradictory or supplementary general terms and conditions of yours shall become part of the contact only if expressly accepted in writing by us. Our mere knowledge of your general terms and conditions shall not make them part of the contract.
1.2. The version of the GTC valid when the contract is concluded shall apply. You can access the GTC as amended from time to time on the IDAGIO website under (Link einfügen) and on our mobile applications, at any time.
1.3. Our contact details are:
Telephone: +49 030 5770 443 0
Authorized representatives (managing directors): Till Janczukowicz & Christoph Lange (business address: see above)
Commercial register B of the local court Charlottenburg, HRB 136456
2. SERVICES, APPROVED CUSTOMERS, DESTINATIONS AND ORDER QUANTITIES
2.1. We offer you services relating to enjoying our library of music, mainly classical music. Our services enable you to listen to music that will be streamed via the Internet to your device (“IDAGIO Services”). We offer the IDAGIO Services via our website(s) and mobile applications ("IDAGIO Applications"). You will not receive copies of the music on a physical storage medium nor do you acquire a right to download the music or to access the music currently available in our library for an unlimited period of time.
2.2. Some of our services are accessible free of charge („Free Tier“). As part of the Free Tier IDAGIO Applications may offer additional features (like the possibility to create playlists, to follow other users, to get information about works and artists and benefit from other related services - "Additional Features") to which you will have access after registering with IDAGIO by creating an IDAGIO account. Some of our services are subject to a subscription fee („Premium Tier“). As part of the Premium Tier IDAGIO Applications offer further Additional Features to which you will have access after becoming a premium member. Any Additional Features are not part of the IDAGIO Services for which you may pay. We reserve the right to modify the Additional Features without giving notice in our reasonable discretion.
2.3. We undertake reasonable efforts to keep our services ready for use. There may however occur technical problems, occasionally, which may lead to a temporary interruption of our service. Irrespective of that, the availability of content may depend on the country from which you are accessing our services. Some of the content offered on IDAGIO may not be available in certain countries, such as in the United States or Canada. You agree and accept that we are not granting you the right to and are not liable to offer our services without interruption (e.g. due to technical reasons) and that we are not granting you the right to make us of and are not liable to offer you any specific content.
2.4. You may use the IDAGIO Services only if you act as a consumer.
2.5. You may use the IDAGIO services only, if (i) you are of legal age in your jurisdiction (i.e. 18 years or older in most countries), or (ii) you are at least 12 years old and have the permission to use the IDAGIO Services and enter into contracts with us from your legal guardians (i.e. your parents in most cases). You confirm that the data provided by you creating an IDAGIO account and becoming a premium member are truthful, correct and complete and that you will keep such data correct and up to date at any time.
2.6. We may limit your use of the IDAGIO Services to a maximum of five devices (e.g. two computers and three mobile devices). We may also limit your use of the IDAGIO Services so that you will be able to use only one device for playback of music at the same time.
3. CONCLUSION OF CONTRACT AND INFORMATION ON CONTRACT CONCLUSION
3.1. The presentation and promotion of services in our websites, desktop and mobile applications does not constitute a binding offer for the conclusion of a contract.
3.2. Free Tier – Some our services in the Free Tier do not require an IDAGIO account. In order to access the Additional Features of the Free Tier, however, you will have to create an account. After clicking on the button "Create Account" you will be asked to enter personal information such as your name and your e-mail address. You may then identify and correct input errors, if any, prior to making your final binding offer. By clicking on the button "Create Account" after you have entered your information you submit a legally binding offer.
3.3. Premium Tier – After having created an IDAGIO account you will have the option to subscribe to our Premium Tier which is subject to a subscription fee. You will find further information on the subscription on our website (http://support.idagio.com/premium-questions). After clicking on the button "Become a Premium Member" you will be asked to enter your credit card details. You may then identify and correct input errors, if any, prior to making your final binding order. By clicking on the button "Become a Premium Member" after you have entered your information you submit a legally binding offer.
3.4. A contract for the provision of services is not yet concluded by the submission of your sign up to the Free Tier or your subscription to the Premium Tier. We reserve the right to not accept the sign up, in particular, if the registration information you have provided seems inconsistent. The contract between us shall not be concluded until we are granting you access to the respective IDAGIO Services as part of the Free Tier or of the Premium Tier.
3.5. The contract can be concluded in English language.
3.6. The contract terms will be stored by us after conclusion of the contract but are no longer accessible to you.
4. CHANGES OF THESE GENERAL TERMS AND CONDITIONS
4.1. Modifications to these GTC may become necessary, for example, when we implement new technologies, introduce new services, and/or the legal framework or its interpretation changes.
4.2. In case we make modifications to thee GTC we will propose such modifications to you by sending an email or other communication in text form to one of the contact details you have provided.
In case you do not wish to continue using our services under the new GTC you can terminate the agreement by sending us a message in text form (e.g. via e-mail: email@example.com or letter). We will set a reasonable period of time during which you may object to the changes and will inform you about the consequences of such objection.
If we do not hear from you within such time, your consent to the changes will be deemed given. We will inform you of the above described consequences of you not responding to our proposal within such communication.
5.1. The software we provide to you (including the IDAGIO Applications) is licensed to you on the basis of a limited, non-exclusive, revocable license.
5.2. The content provided to you through the IDAGIO Services and IDAGIO Applications may be copyrighted works and we grant you a limited, non-exclusive, revocable license to reproduce the content only by using the IDAGIO Services and IDAGIO Applications for your personal, non-commercial use.
5.3 You are not entitled to copy, transfer, rip, record or to make any other physical or non-physical use of the software and the content provided by us in any manner unless explicitly permitted herein. You are not entitled to forward your password to any third party or to allow any third party to use your account and password. Furthermore, you are not entitled to circumvent any geographical limitation implemented by us.
5.4 All software and content provided to you as well as all trademarks and names remain in our sole property and the property of our licensors at any time.
6. THIRD PARTY APPLICATIONS
7. USER GENERATED CONTENT
7.1. When using the IDAGIO Services and IDAGIO Applications you may provide content to us, including pictures, photographs, text, music, playlist compilations and/or other works that may or may not be subject to copyrights (“User Generated Content”). You grant us a non-exclusive, transferrable, sub-licensable, royalty-free, worldwide license to all User Generated Content you provide to the IDAGIO Applications, allowing us to reproduce, distribute, recite, perform, present, make available publicly, and/or broadcast the User Generated Content. This license terminates, when your subscriptions to the IDAGIO Services terminate. However, if you have shared User Generated Content with others or made it publicly available through the IDAGIO Service, the license is for an indefinite period of time.
7.2. We may remove User Generated Content from the IDAGIO Services and IDAGIO Applications or block access to it, if it violates any applicable law or third party rights, is not suitable for minors, in the course of modifying and improving the IDAGIO Service and/or in our reasonable discretion.
7.3. You hereby agree to make sure that you have sufficient rights to provide us with the User Generated Content and to grant us the above described license and that the User Generated Content does not infringe any third party rights or any applicable law.
7.4. We are not obligated to monitor User Generated Content for infringements of third party rights and we do not endorse any opinion included in User Generated Content. If you believe that User Generated Content infringes your rights, the rights of a third party or applicable law, please contact us via any of the contact methods listed in clause 1.3 above. We will investigate any complaint without undue delay.
8. TERM AND TERMINATION
8.1. Free Tier – The contract shall have an undetermined term and may be terminated by either party at any time.
8.2. Premium Tier – You can subscribe to the Premium Tier on a monthly basis starting upon payment of the monthly subscription fee. The contract shall renew on a monthly basis at the end of your then current month of subscription. You can terminate the contract by the end of each month of your subscription via the store or service you have subscribed. The monthly subscription fee shall be due at the beginning of each month of your subscription.
8.3. Each party reserves the right to terminate this agreement with immediate effect for good cause.
8.4. Each notice of termination must be sent in text form (e.g. via e-mail, fax or letter).
8.5. We reserve the right to block your access to IDAGIO Services and IDAGIO applications, if we have reason to believe that you have severely breached this agreement and only for a reasonable period of time necessary to investigate such alleged breach.
9. RIGHT OF WITHDRAWAL
Right of Withdrawal
If you are a consumer, you shall be entitled to withdraw from this contract within fourteen (14) days without giving any reason for doing so. The deadline for withdrawal shall be fourteen (14) days from the date on which this contract has been concluded. In order to exercise the statutory right of withdrawal, you must notify us (IDAGIO GmbH, Reinhardtstraße 47, 10117 Berlin, Germany, e-mail: firstname.lastname@example.org) of your decision to withdraw from this contract in a clear declaration (e.g. by sending us a letter by mail, fax or e-mail). You may use the withdrawal form template attached for this purpose; however, this is not obligatory. The withdrawal deadline shall be deemed to be met if you send the communication concerning the exercise of the right of withdrawal before the expiry of the deadline.
Consequences of withdrawal
If you withdraw from this contract, we must reimburse any payments we have received from you, including delivery costs (excluding any additional costs incurred if you have selected a different type of delivery to the cheapest standard delivery option offered by us) without delay, but no later than fourteen (14) days after the day on which we receive the notice of your withdrawal from this contract. We will use the same payment method you used for the original transaction in order to provide the reimbursement, unless otherwise expressly agreed; under no circumstances will you be charged a fee for this refund.
You may loose your right to withdrawal if
1) the performance of the contract has begun with your express consent prior to the end of the withdrawal period and
2) your acknowledgment that you thereby lose your right of withdrawal.
To make use of your right of withdrawal you may use the following withdrawal form template, but this is not obligatory:
Withdrawal Form Template
(If you wish to withdraw from the contract complete and return this form)
To IDAGIO GmbH, Reinhardtstraße 47, 10117 Berlin, Germany
– I/We(*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only when sent by message on paper)
(*) Delete as applicable
End of revocation instruction
10. DEFECTS OF QUALITY AND TITLE
In the event of any defects of quality or title you are entitled to all rights pursuant to the provisions of statutory law, safe that the limitation of liability below remains unaffected.
11.1. Our liability for damages caused by slight negligence, irrespective of its legal ground, shall be limited as follows:
(i) We shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations; (ii) We shall not be liable due to a slightly negligent breach of any other duty of care applicable.
11.2. The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability under the German Product Liability Act (Produkthaftungsgesetz), and liability for culpably caused injuries of life, body or health. In addition, such limitations of liability shall not apply if and to the extent we have assumed a specific guarantee.
11.3. Clauses 13.1 and 13.2 shall apply accordingly to our liability for futile expenses.
12. CODES OF CONDUCT
13. CUSTOMER SERVICE / SUPPORT
If you have any questions, comments or complaints as well as other notifications regarding your order or subscription, please send them to us by letter, fax, telephone or e-mail using the contact details specified above in clause 1.3.
You may send any notice in connection with this agreement to the contact details set out in clause 1.3 above. We will sent any notice in connection with this agreement to one of the contact details you provided in your user profile. You are obligated to update your user profile, in particular your email address, whenever any of your contact details changed.
15. FULL CONTRACT AND SEVERABILITY CLAUSE
15.1 With the exception of all explicit agreements in writing between you and us these GTC set forth the entire terms and conditions between you and us with respect to the subject matter hereof, merge all prior discussions between you and us and supersede all existing agreements among them concerning the subject matter of the agreement.
15.2 In the event any portion of the agreement may be determined by any governmental body or court of competent jurisdiction to be unenforceable, the balance of the agreement shall be severed therefrom and remains in full force and effect unless a failure of consideration would thereby result.
16. APPLICABLE LAW AND PLACE OF JURISDICTION
German law shall apply with the exception of the United Nations Convention on Contracts for the International Sale of Goods. If you are a merchant, a legal entity under public law, or special assets (Sondervermoegen) under public law, exclusive place of jurisdiction for any and all disputes arising from or in connection with this agreement shall be Charlottenburg, Berlin, Germany. This shall also apply if you do not have a general place of jurisdiction in Germany or if you relocate your place of residence or habitual place of abode to a location outside Germany, or in case your place of residence or habitual place of abode is not known at the time the proceedings are brought in the courts. Arbitration proceedings shall be excluded.
Version: June 29, 2016