1. THE STORE The Store enables you to purchase CDs, merchandise, digitised versions of audio recordings, artwork and information relating to such audio recordings, and other content (collectively, "Music Content").
2. MUSIC CONTENT 2.1 Rights Granted. Upon payment for Music Content, we grant you a non-exclusive, non-transferable right to use the Music Content only for your personal, non-commercial purposes, subject to the Agreement. 2.2 Restrictions. You must comply with all applicable copyright and other laws in your use of the Music Content. Except as set forth in Section 2.1 above, you may not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the Music Content. We do not grant you any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Music Content. 2.3 All Sales Final; Explicit Content. All sales of Music Content are final and risk of loss transfers upon sale. We do not accept returns of Music Content. We have no liability for Music Content you find to be offensive, indecent or objectionable. 2.4 Physical CD Sales, Merchandise Sales. You may return new, unopened items sold and fulfilled by the Store within 30 days of delivery for a full refund. 2.5 Refunds. Requirements for a Full Refund
3. SOFTWARE We may make available to you software for your use in connection with the Store (the "Software"). Terms contained in the MathiasBaumann.Com Terms And Conditions apply to your use of the Software. For additional terms that apply to certain third party software, see the Legal Notices section within the Software application.
4. GENERAL 4.1 Reservation of Rights; Waiver. The Store, Software and Music Content embodies intellectual property that is protected by law. Music Content copyright owners are intended third-party beneficiaries under the Agreement and may enforce the Agreement against you and invoke all rights under the Agreement including limitations of liability. All licenses granted to you are non-exclusive. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights. 4.2 Termination; Amendments. Your rights under the Agreement will automatically terminate without notice and without refund of any fees or any other compensation if you fail to comply with its terms. We may amend the Agreement at our sole discretion by posting the revised terms on the Store or on MathiasBaumann.Com. Your continued use of the Store or the Software after any amendment evidences your agreement to be bound by it. 4.3 Contact Information. For communications concerning the Agreement, please write to music(at)mathiasbaumann.com 4.4 Severability. If any term or condition of the Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.
5. DISPUTES 5.1 Disputes/Binding Arbitration. Any dispute or claim arising from or relating to the Agreement or the Store is subject to the binding arbitration, governing law, disclaimer of warranties and limitation of liability and all other terms in the MathiasBaumann.Com Terms And Conditions at http://www.mathiasbaumann.com/termsandconditions. You agree to those terms by entering into the Agreement or using the Store. 5.2 Limitation of Liability. Without limiting the disclaimer of warranties and limitation of liability in the MathiasBaumann.Com Terms And Conditions: (a) in no event will our or our Software licensors' total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Software exceed the amount of fifty Euro (EUR 50.00); and (b) in no event will our or our Music Content providers' total liability to you for all damages arising from your use of the Store, the Music Content, or information, materials or products included on or otherwise made available to you through the Store, exceed the amount you paid to purchase the Music Content related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.
6. PRE-ORDERS AND CROWD FUNDING 6.1 General Procedure and information. A crowd funding or pre-order campaign is aimed to receive funding that covers the costs of the production and manufacturing of certain products or the completion of a project. For this purpose, Mathias Baumann (the creator) invites backers (customers, fans, friends, family, everyone on the planet) to pre-order certain products or services to help him reach his funding goal. This goal is specific in terms of a certain period of time and a specific deadline and a specific amount of money to be raised by that time. The goal can be achieved a lot easier when everybody shares news about the project with their friends, followers, customers via email and/or social media. Any kind of help is much appreciated. Here is how you can get involved: The creator will offer a range of products and/or services. The products or services are usually exclusive offers, unique or limited editions which cannot be purchased for a restricted amount of time. The backer decides which product(s) and/or service(s) he/she wants to purchase and pledges for a specific package. Packages range from very small to very large amounts of money including a variety of products and/or services, depending on the price to be paid. By clicking on the PayPal button of the selected package the backer accepts the terms and conditions and pre-orders this specific package. He/she can then decide whether to pay the minimum amount or more. Any additional amount will be a donation to support the project/funding campaign. The backer's PayPal account will be charged immediatley. During the campaign the creator will inform the backer on an ongoing basis about progress and updates regarding the project and the funding campaign. After the completion of the funding campaign products will be manufactured and services arranged with the backers. At the end the creator will send the products to the backer or fulfill ordered services. 6.2 Terms and conditions for pre-orders and crowd funding. (a) Anyone who pre-orders a product accepts these terms and conditions and forms a contract with Mathias Baumann. (b) Any crowd funding campaign on this site will run for a certain period of time and will be limited for this time only. This period will be defined by a starting and a finishing date. During this period backers (= customers) can pre-order certain exclusive product packages. Some of theses packages will only be offered during the pre-sales period and not be available again afterwards. (c) Once the crowd funding campaign is completed, the products will be manufactured and shipped. For this purpose an estimated shipping date will be announced on the webpage. Backers will be informed about any updates by email. The time between the end of the crowd funding campaign and the shipping of purchased products usually takes between two to eight weeks, depending on the order. (d) Mathias Baumann, as the creator, owes the backer a high standard of effort, the realistic and continuous communication of updates regarding the ordered pre-products and my full dedication to get all products manufactured in time. (e) In return, backers are asked to understand that Mathias Baumann is creating something new, which without the pre-ordering process would not be possible. There may be delays, changes or there might be a small possibility that prevents Mathias Baumann from finishing products as promised. (f) In case Mathias Baumann is unable to finish products as promised in time, an email will be sent with a new estimated shipping date, not later than six weeks after the first scheduled shipping date. In case a product cannot be manufactured at all, the backer will be refunded in full or offered an alternative product. The backer can then choose to either accept the alternative offer or the refund. (g) Backers can only withdraw or cancel their pre-order up to two weeks (14 days) after ordering date. Example: A backer pre-orders a product on Saturday, 10. May 2015 at 13:00 (order date PayPal), the order can only be cancelled until Saturday, 24. May 2015 12:59. (h) Mathias Baumann might have to send you emails with updates and/or questions regarding your product order. The backer accepts to be contacted via email and will give Mathias Baumann the requested information so that the product(s) can be manufactured and shipped in time. (i) Shipping and overhead costs are included in the pledges. All prices are excluding VAT. Mathias Baumann is not VAT registered at this time and therefore does not charge extra for VAT. (j) When a backer pledges more than the minimum price for a certain product, he/she will only receive the products ordered. The additional amount will be a donation to Mathias Baumann. In order to purchase multiple items a backer needs to pledge multiple times. (k)