TERMS

General Terms and Conditions

 

L.E.N. BEATS

Owner: Len Schenk, Degelestraße 2, DE 01324 Dresden

 

1. Scope

 

1.1 These general terms and conditions include mandatory disclosures and general conditions of contract for the paid download of music audio files ("beats") offered by the seller and licensor L.E.N. BEATS to the buyer (customer and licensee). "Beats" refers to digital content that can be purchased by buyers from L.E.N. BEATS on the www.lenbeats.com website in accordance with these licensing terms.

 

1.2 Sections 3, 9, 10, and 11 of these general terms and conditions likewise apply mutatis mutandis to any free downloads of music audio files ("free beats").

 

 

2. Creation of the contract

 

2.1 The list of audio files (beats) that can be ordered on the website does not constitute a legally binding offer on our part to enter into a contract with the buyer; instead, they are a non-binding online catalog.

 

2.2 Buyers makes a binding offer to L.E.N. BEATS to purchase the audio files in their cart by clicking on "Checkout" and providing their personal data, including their email address, and selecting their payment method and then clicking on the "Place order now" button, all in accordance with these general terms and conditions and accepting the applicable licensing terms for the beats orders. Parties ordering "free beats" follow the same process, albeit without having to provide payment information.

 

2.3 The system will immediately confirm receipt of the order within the browser window. This does not yet constitute an acceptance of the order by L.E.N. BEATS.

 

2.4 If buyers use PayPal as their payment method, the contract is created as soon as they send their order payment on PayPal to L.E.N. BEATS. If they opt to be invoiced for their orders, the contract is created once L.E.N. sends an email confirmation of the order together with an invoice and a copy of these terms and conditions. For people wishing to download free beats, the contract is created once L.E.N. Beats sends an email confirmation containing a link to the downloadable file and a copy of these general terms and conditions; users may then download the free beats immediately and directly onto their device.

 

2.5 Once payment is received for paid orders, L.E.N. Beats will send a link to the downloadable file which buyers can then use to download their purchased audio files immediately and directly onto their devices. If buyers have paid via PayPal, this email will also include a copy of the final invoice as well as these general terms and conditions; for purchases paid on invoice, these items were included in the original order confirmation email.

 

2.6 L.E.N. BEATS will store the contract text, having previously provided the general terms and conditions together with the other information required by law in the emails described above.

 

2.7 The contract language is either German or English.

 

2.8 Buyers may correct any incorrect entries on their order form by reviewing their order summary.

 

 

3 Delivery, restricted deliveries

 

3.1 L.E.N. BEATS delivers the beats ordered by supplying a link to the downloadable audio via an email to the address provided on the order form.

 

3.2 Digital content may only be delivered to parties with domiciles in Germany or the United States.

 

 

4. Terms of payment

 

4.1 Buyers may pay for their purchase using either PayPal or bank transfer to the account of L.E.N. BEATS after receiving the invoice for their order. Buyers must register with PayPal to use the service and then login to arrange payment to

L.E.N. BEATS.

 

4.2 Once L.E.N. BEATS has received notification of your PayPal payment, the audio file will be via email and via download link sent to the email address provided. No physical media will be sent. The same applies once L.E.N. BEATS receives notice of a bank transfer to its account.

 

 

5. Freight, delivery, shipping costs

 

There are no freight, delivery or shipping costs.

 

 

6. Mandatory information

 

6.1 The order page (cart) provides details concerning the essential characteristics of the goods or services (or digital content). The beats may be sampled on the www.lenbeats.com website.

 

6.2 L.E.N. BEATS is responsible for this content and will receive any complaints concerning.

 

6.3 The order page (cart) provides information concerning the total price of the goods or services (or digital content), including all taxes and fees.

 

6.4 The terms for payment, delivery and service are as given in sections 3, 4 and 5 above.

 

6.5 The statutory warranty rights apply to the products (digital content) offered.

 

6.6 No other special services and guarantees have been made.

 

6.7 See section 2 above for the individual technical steps that result in a contract being created, how it is subsequently stored by L.E.N. BEATS, whether the text of the contract is available to buyers, how buyers can correct any entries in their order forms as allowed by §312i(1)(1)(1) of the German Civil Code (BGB), and the available contract languages.

 

6.8 There are no other rules or codes of conduct to which L.E.N. BEATS has submitted.

 

6.9 Information about Online Dispute Resolution (ODR)

 

The European Commission has set up a platform (hereinafter referred to as "Online Dispute Resolution (ODR)") to allow the independent, impartial, transparent, effective, quick and  fair extrajudicial online resolution of disputes between consumers and entrepreneurs. We are by law required to publish a link to Online dispute resolution (ODR) on our website and provide our e-mail address.

 

6.9.1 The link is: http://ec.europa.eu/consumers/odr/ .

 

6.9.2 Our e-mail-adress is: contact@lenbeats.com

 

6.9.3 L.E.N BEATS does not belong to a national arbitration board.

 

 

7. Right of withdrawal (rescission)

 

7.1 Any customers who are consumers have, in principle, a statutory right to withdraw from a contract, even for the delivery of digital content.

A consumer is any natural person who enters into a transaction for purposes which can be primarily attributed to neither commercial nor independent professional activity.

An entrepreneur is any natural or legal person or a legal partnership entering into a legal transaction in their commercial or professional capacity.

 

7.2 Entrepreneurs do not have a a right of withdrawal. Concerning the consumer's right to withdraw from (rescind) the contract, L.E.N. BEATS provides the following notice:

 

Right of withdrawal (rescission)

 

You have the right to withdraw from this agreement within fourteen days of conclusion without the need for explanation. The cancellation period is fourteen days from the date of the conclusion of the contract.

To exercise your right, you have to

 

L.E.N. BEATS

Inhaber: Len Schenk

Degelestraße 2

DE 01324 Dresden

Phone: -

Fax: -

E-Mail: contact@lenbeats.com

 

provide clear notice (sent e.g. by post, email) that you wish to cancel this contract. You may use the standard cancellation form found on our website, but this is not obligatory.

 

In order to meet the deadline to cancel this contract, it is sufficient for you to send notification stating your intention to exercise said right before the stated deadline.

 

Consequences of withdrawal

 

If you withdraw from this agreement, we will refund all payments that we received from you, including shipping costs (except for additional costs that may arise if you choose a method of shipment other than the most cost-efficient standard method that we offer), without delay, at the latest within fourteen days from the day we received the notification of your withdrawal from this agreement. We will use the same method of payment that you used in the original transaction, unless otherwise expressly agreed; you will not be charged any fees for this reimbursement.

 

- End of the notice of your right of withdrawal -

 

 

8. Waiving the right of withdrawal for contracts involving digital content

 

Consumers' statutory right of withdrawal per §312g BGB expires for contracts for the delivery of digital content not delivered on physical data storage devices as soon as L.E.N. BEATS begins the process of fulfilling the terms of the purchase contract, provided that consumers making the purchase have given their express consent that L.E.N. BEATS may do so even before the expiration of their statutory right of withdrawal, acknowledging that such consent constitutes a waiver of said right per §356 (5) BGB.

 

 

9. Licensing terms

 

9.1 Buyers are acquiring a simple, non-exclusive, non-transferable, perpetual, and worldwide right to use the audio files (beats) purchased to the extent defined below (standard lease for non-commercial purposes, premium leases and Trackout leases for commercial purposes). In addition, the provisions of §§69 ff. of the German Copyright Act apply to this acquisition of a single, perpetual license. Any other use, in particular in or on media not already expressly included, at any other time or geographical area, in any processed form and/or the further processing of the same all require a further license to be obtained. Any free licenses granted for the use of L.E.N. BEATS audio files are always subject to the same conditions as the standard lease.

 

9.2 Standard-Lease:

 

    1. The License grants the purchaser an ongoing, non- exclusive, noncommercial, worldwide license to use the selected musical work (called beat) on the following terms.
    2. You are licensed to use the beat in a single application (a single product or project)
      2.1. Use for an audio-visual or audio-only work, to create one End Product that incorporates the beat as well as other things.
      2.2. specific direct playback uses, which are background music for one event, venue or location, one company’s private on-hold music system, or one personal mobile ring-tone.
    3. The license includes the right to utilise the beat through communication to the public (performance), display, distribution, and reproduction (but not through Broadcast).
    4. Limitations of allowed use:
      4.1. Dont use it for Broadcast.
      4.2. For films: you can only use it in an Indie Film project.
    5. By creating one End Product for a costumer, this license is then transferred to the costumer.
    6. You cannot claim ownership of the beat, whether it’s in original form or modified under the clauses in this license.
    7. L.E.N. Beats (Len Schenk) still holds full rights to the production.
    8. You will need separate licenses for each different Allowed Use.
    9. You can’t re-distribute the beat as a musical item, as stock, in a tool or template, or with source files. You can’t do this with an beat either on its own or bundled with other beats (such as an audio compilation), and even if you modify the Item. You can’t re-distribute the beat as-is or with superficial modifications. These things are not allowed even if the re-distribution is for free.
    10. The beats are not registered with performing rights organizations (PROs), but it is your responsibility as a buyer to pay any performing rights fees applying in your country, which will depend on the rules of your local PRO, your local laws, and your use of the beat.
    11. You can only use the beat for lawful purposes (not in connection with defamatory, obscene or demeaning material, or in connection with sensitive subjects).
    12. You must not use the beat in violation of any export laws that apply to you.
    13. Production credit must be given in the follwing form: „Prod. L.E.N. Beats“.

 

9.3 Premium-Lease:

 

    1. The License grants the purchaser an ongoing, non- exclusive, commercial, worldwide license to use the selected musical work (called beat) on the following terms.
    2. You are licensed to use the beat in a single application (a single product or project)
      2.1. Use for an audio-visual or audio-only work, to create one End Product that incorporates the beat as well as other things.
      2.2. specific direct playback uses, which are background music for one event, venue or location, one company’s private on-hold music system, or one personal mobile ring-tone.
    3. The license includes the right to utilise the beat through communication to the public (performance), display, distribution, and reproduction (but not through Broadcast).
    4. Limitations of allowed use:
      4.1. Not more than 5,000 copies for digitally downloaded or physical End Products (unlimited Internet views or page impressions of an End Product are allowed).
      4.2. Dont use it for Broadcast.
      4.3. For films: you can only use it in an Indie Film project.
    5. By creating one End Product for a costumer, this license is then transferred to the costumer.
    6. You cannot claim ownership of the beat, whether it’s in original form or modified under the clauses in this license.
    7. L.E.N. Beats (Len Schenk) still holds full rights to the production.
    8. You will need separate licenses for each different Allowed Use.
    9. You can’t re-distribute the beat as a musical item, as stock, in a tool or template, or with source files. You can’t do this with an beat either on its own or bundled with other beats (such as an audio compilation), and even if you modify the Item. You can’t re-distribute the beat as-is or with superficial modifications. These things are not allowed even if the re-distribution is for free.
    10. The beats are not registered with performing rights organizations (PROs), but it is your responsibility as a buyer to pay any performing rights fees applying in your country, which will depend on the rules of your local PRO, your local laws, and your use of the beat.
    11. You can only use the beat for lawful purposes (not in connection with defamatory, obscene or demeaning material, or in connection with sensitive subjects).
    12. You must not use the beat in violation of any export laws that apply to you.
    13. Production credit must be given in the follwing form: „Prod. L.E.N. Beats“.

 

 

9.4 Trackout-Lease:

 

    1. The License grants the purchaser an ongoing, non- exclusive, commercial, worldwide license to use the selected musical work (called beat) on the following terms.
    2. You are licensed to use the beat in a single application (a single product or project)2.1. Use for an audio-visual or audio-only work, to create one End Product that incorporates the beat as well as other things.
      2.2. specific direct playback uses, which are background music for one event, venue or location, one company’s private on-hold music system, or one personal mobile ring-tone.
    3. The license includes the right to utilise the beat through communication to the public (performance), display, distribution, and reproduction (but not through Broadcast).
    4. Limitations of allowed use:
      4.1. Not more than 10,000 copies for digitally downloaded or physical End Products (unlimited Internet views or page impressions of an End Product are allowed).
      4.2. Dont use it for Broadcast.
      4.3. For films: you can only use it in an Indie Film project.
    5. By creating one End Product for a costumer, this license is then transferred to the costumer.
    6. You cannot claim ownership of the beat, whether it’s in original form or modified under the clauses in this license.
    7. L.E.N. Beats (Len Schenk) still holds full rights to the production.
    8. You will need separate licenses for each different Allowed Use.
    9. You can’t re-distribute the beat as a musical item, as stock, in a tool or template, or with source files. You can’t do this with an beat either on its own or bundled with other beats (such as an audio compilation), and even if you modify the Item. You can’t re-distribute the beat as-is or with superficial modifications. These things are not allowed even if the re-distribution is for free.
    10. The beats are not registered with performing rights organizations (PROs), but it is your responsibility as a buyer to pay any performing rights fees applying in your country, which will depend on the rules of your local PRO, your local laws, and your use of the beat.
    11. You can only use the beat for lawful purposes (not in connection with defamatory, obscene or demeaning material, or in connection with sensitive subjects).
    12. You must not use the beat in violation of any export laws that apply to you.
    13. Production credit must be given in the follwing form: „Prod. L.E.N. Beats“.

 

9.5 Sublicensing and the transfer of rights beyond the rights granted herein require the separate, express consent of L.E.N. BEATS. This applies especially to the public performance or publication of the beats (especially on online file sharing sites).

 

9.6 When the license expires or is otherwise revoked, the customer is required to delete the respective files and any existing copies made thereof.

 

9.7 The customer is hereby advised that any use or exploitation of the files that goes beyond the rights hereby granted is grounds for the owner to assert its rights for an injunction, disclosure, and damages. Copyright notices may not be removed.

 

 

10. Applicable Law

 

The contractual relationship is subject to German law.

 

 

11. Versions in different languages

 

These terms and conditions have been written in German and translated into English. If there is any doubt as to their interpretation, the German version shall have priority over the English version.

 

 

Withdrawal

 

To

L.E.N. BEATS

Owner: Len Schenk

Degelestraße 2

DE 01324 Dresden

Phone: -

Fax: -

E-Mail: contact@lenbeats.com

 

I/We hereby revoke the contract for the purchase of digital content from L.E.N. BEATS.

 

...............................................................................................................................................................................................................................................................................................................................................................................................................................................................

 

Ordered on (*) :   ...................................

Received at (*):  ...................................

 

Name of Consumer(s):

 

Address of Consumer(s):

 

 

_____________________________

Signature of Consumer(s)

(Only use when sending notice on paper.)

 

 

Date:

 

(*) Delete as applicable.