1 ACCEPTANCE OF TERMS
1.1 Your access to and use of www.tangerinedream-music.com ("the Website") and any Services referred to in Clause 2, is subject exclusively to these Terms and Conditions. You will not use the Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website/Services.
1.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
2 THE SERVICES
The Website provides music and video download and streaming services ("the Services") designed to enable you to purchase legal online music with others. Unless stated otherwise the Services are for your personal and non-commercial use only. You hereby accept that your computer meets the minimum technical requirements for the Services as stated clearly on the Website. The Services are for your own personal use and you are not authorised to make any copies of any downloads other than for personal use.
3 CHILD SUPERVISION
We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children access to and use of the Website/Services should supervise such access and use. By allowing your child access to the Services you are allowing your child access to all of the Services. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services.
4.1. Name and contact details of the data processing controller and the company data protection officer.
4.2. Collection and storage of personal data and nature and purpose of their use
A) By visiting our website www.tangerinedream-music.com, the browser used on your device automatically sends information to the server of our website. This information is stored temporarily in a so-called logfile. The following information is recorded automatically and is stored until automated deletion:
- IP address of the requesting computer,
- Date and time of access,
- Name and URL of the retrieved file,
- Website from which access is made (referrer URL),
- The browser you are using and, if necessary, the operating system of your computer and the name of your access provider.
The aforementioned data are processed by us for the following purposes:
- Ensuring a smooth connection of the website,
- Ensuring a comfortable use of our website,
- Evaluation of system security and stability as well as
- For further administrative purposes.
The legal basis for data processing is Article 6 (1) p. 1 lit. F GDPR. Our legitimate interest follows from the above listed purposes for data collection. In no case shall we use the collected data for the purpose of drawing conclusions on your person.
B) When registering for the shop
If, for example, you register for the purpose to place an order on our website with the input of personal data (e-mail addresses, names, address), the disclosure of this data on your part is expressly on a voluntary basis. The data processing for the purpose of contacting us is in accordance with Art. 6 para. 1 p. 1 lit. a GDPR based on your voluntarily granted consent. The data collection, processing and use is done exclusively for the processing of your inquiry or order. If necessary, the transmission of your personal data to third parties for the settlement of contractual relationships in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR.
4.3. Disclosure of data
A transfer of your personal data to third parties for purposes other than those listed below does not take place.
We only share your personal information with third parties if:
- You have given explicit consent to this according to Art. 6 para. 1 p. 1 lit. a GDPR
- the disclosure pursuant to Art. 6 para.1 sentence 1 lit. f GDPR is required to assert, exercise or defend legal claims and there is no reason to assume that you have a predominantly legitimate interest in not disclosing your data,
- in the event that disclosure pursuant to Art. 6 para. 1 sentence 1 lit. c GDPR is a legal obligation, as well
- this is legally permissible and according to Art. 6 para. 1 sentence 1 lit. b GDPR is required for the settlement of contractual relationships with you.
Information is stored in the cookie, each resulting in connection with the specific terminal used. However, this does not mean that we are immediately aware of your identity.
In addition, to improve usability, we also use temporary cookies that are stored on your device for a specified period of time. If you visit our site again to use our services, these cookies will automatically recognize that you have already been with us and what inputs and settings you have made, so you do not have to re-enter them.
These cookies are automatically deleted after a defined time period.
The data processed by cookies are for the purposes mentioned above in order to preserve our legitimate interests as well those of third parties according to Art. 6 para. 1 sentence 1 lit. f GDPR required.
Most browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or that a prompt appears before a new cookie is created. Disabling cookies completely may mean that you can not use all features of our website.
4.5. Rights of persons concerned
You have the right:
- In accordance with Art. 15 GDPR, to request information about your personal data processed by us. In particular, you can get information on the processing purposes, the category of personal data, the categories of recipients to whom your data have been disclosed, the planned retention period, the right to rectification, deletion, limitation of processing or opposition, the existence of a right to complain, the source of their data, if not collected from us, and the existence of automated decision-making including profiling and, where appropriate, meaningful information about their details;
- In accordance with Art. 16 GDPR, immediately demand the correction of incorrect or complete personal data stored with us;
- In accordance with Art. 17 GDPR, to demand the deletion of your personal data stored by us, unless the processing for the exercise of the right to freedom of expression and information, for the fulfilment of a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims is required;
- To demand the restriction of the processing of your personal data according to Art. 18 GDPR, as far as the accuracy of the data is disputed by you, the processing is unlawful, but you reject its deletion and we no longer need the data, but you assert this, Exercise or defence of legal claims or you have objected to the processing in accordance with Art. 21 GDPR;
- In accordance with Art. 20 GDPR, to receive your personal data provided to us in a structured, standard and machine-readable format or to request transmission to another person responsible;
- According to Art. 7 para. 3 GDPR, to revoke your once given consent to us at any time. As a result, we are not allowed to continue the data processing based on this consent for the future and
- According to art. 77 GDPR to complain to a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of stay or workplace of our seat.
4.6. Right of objection
If your personal data are based on legitimate interests in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR are processed, you have the right to file an objection against the processing of your personal data in accordance with Art. 21 GDPR, provided that there are reasons for this arising from your particular situation or the objection is directed against direct mail. In the latter case, you have a general right of objection, which is implemented by us without specifying any particular situation.
If you would like to exercise your right of revocation or objection, please send an email to firstname.lastname@example.org
4.7. Data security
We use the popular SSL (Secure Socket Layer) method within the site visit, in conjunction with the highest level of encryption supported by your browser. Whether a single page of our website is encrypted is shown by the closed representation of the key or lock icon in the lower status bar of your browser.
We also take appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or total loss, destruction or against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.
4.8. Email subscription / Opt-out
We communicate with users who subscribe to our services on a regular basis via email. For example, we may use your email address to confirm your request, to send you notice of payments, to send you information about changes to our products and services, and to send notices and other disclosures as required by law. We provide you the opportunity to exercise an opt-out choice if you do not want to receive other types of communication from us, such as emails or updates us regarding the news and products offered on this website. The opt-out choice may be exercised clicking on the "unsubscribe" link within the text of the email where you can also update your subscription details and preferences. Or send us an email at email@example.com.
5 USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will www.tangerinedream-music.com be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account at any time, without the express permission of the account holder.
6 ACCEPTABLE USE
6.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials ("the Content"), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. www.tangerinedream-music.com will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
6.2 In using the Website/Services you agree not to:
6.2.1 use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
6.2.2 post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
6.2.3 post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
6.2.4 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
6.2.5 use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
6.2.6 make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
6.2.7 collect or store personal information about others, including email addresses;
6.2.8 advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
6.2.9 impersonate any person or entity for the purpose of misleading others;
6.2.10 violate any applicable laws or regulations;
6.2.11 use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party's use and enjoyment of the Website/Services;
6.2.12 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
6.2.13 attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.
6.3 We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.
We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.
8 LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that www.tangerinedream-music.com is not responsible for the content or availability of any such sites.
9 INTERNATIONAL USE
You agree to comply with all applicable laws regarding the transmission of technical data exported from Germany or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
10 INTELLECTUAL PROPERTY RIGHTS
10.1 The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
10.2 www.tangerinedream-music.com does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The licence shall be terminated when such Content is deleted from the Services.
You agree to indemnify and hold www.tangerinedream-music.com harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against www.tangerinedream-music.com by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by www.tangerinedream-music.com in consequence of your breach of these Terms and Conditions.
12 DISCLAIMERS AND LIMITATION OF LIABILITY
12.1 Use of the Website/Services is at your own risk. The Website/Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
12.2 To the extent permitted by law, www.tangerinedream-music.com will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.
12.3 www.tangerinedream-music.com makes no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
12.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of www.tangerinedream-music.com for death or personal injury as a result of the negligence of www.tangerinedream-music.com.
12.5 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
14 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of Germany and you hereby submit to the exclusive jurisdiction of the German courts.