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Terms of Business




I. GENERAL
The legal agreements set out below govern your use of our service. You have to agree to these terms. If you do not agree to these terms do not use the service.

1. ABOUT
Roba Production Music (hereinafter "RPM") provides users ("User") with recorded music (the "Record") and the underlying musical works (the "work") (Record and work will be mentioned below also as "title") to be used for media productions such as advertising, film, World Wide Web and software and distributes the licenses necessary for those uses. The title of RPM are both published on recordings from various labels or on other media such as hard disk or USB flash drive which are available free of charge for selected users for picking music. The provision of sound or data carriers is not mandatory. The level of provision is at the sole discretion of the RPM. In addition, users can listen and license directly from the online catalog (the "Catalogue"), under www.robaproductionmusic.com according to the current price list. By the use of the website the user agrees that the following terms and conditions in the relationship between RPM and the user are binding. Contradictory, inconsistent or additional terms and conditions of the customer are not valid. A contractual relationship between RPM and the user will only be valid on the basis of these terms and conditions. Changes or additions to these terms will be communicated to the user. The consent of the user to change the terms and conditions shall be deemed granted if he does not object within two weeks of receiving the notice.

2. REGISTRATION
The online registration takes place on the web site at determining a user name and a password. The user has to provide the required information correctly and completely. The registration may be rejected in some cases, for important reasons. There is no right to be registered. A confirmation by email after verification of user data will be given by RPM, the activation of additional functions such as listen or download function for the titles in the catalog will be decided by RPM. This is subject to review by RPM. The user is not allowed to give access data to third parties. These access data has to be protected from the unauthorized access of third parties by the user. The User shall indemnify RPM from any liability that results from the unauthorized use of the access. Changes in the user data must be corrected immediately in the user profile by the user.

3. PROVISION OF TITLES; RETENTTION OF TITLES
Sound and data provided to the user will remain the property of RPM. The provision will be undertaken only temporarily and only to the subsequent acquisition of the licensing rights. RPM reserves the right to recover ceded titles. This is particularly relevant for the case that there is no licensing use, within a period of twelve (12) weeks. Costs of return are borne by the users. The user can browse the catalog on the Web site through various search functions for matching titles allude them directly and to display information on the individual titles. If within twelve (12) weeks after the download of the song there is no licensing agreement to use the song in place, the user is no longer authorized to use the song in the production and beyond. The downloaded file has to be deleted after the end of twelve (12) weeks. This does not include internal storage for archival purposes. In any case, the user of titles does not get a license agreement on the further use in accordance with paragraphs 4 to 6 of these Terms he has no rights to use the title. The user is advised that the recording of the title on recording devices or software while using the listening function of the online catalog is an illicit act of reproduction and a legitimate use of the available titles is only possible after properly download of the file and completion of the legal licensing is carried out in accordance with paragraph 4 of the terms and conditions.

4. CONCLUDING A LICENSE AGREEMENT
Where right to the intended use of the title is not exercised or not only by the GEMA (Society for Musical Performing and Mechanical Reproduction Rights, Berlin and Munich) or another collecting society (CS), the user is obliged using RPM to conclude a license contract for use of the title. In the case of TV Station- and / or in-house productions, the award of the film production rights where they are not royalty free is in Germany the Society for Musical Performing and Mechanical Reproduction Rights, Berlin and Munich (GEMA). More detailed provisions of the Deed of GEMA, particularly where § 1 i) paragraph 3, available at www.gema.de. In other countries it might be RPM or the territories CS. The granting of the license is solely for the conditions at the time of transfer of the necessary license applications as to the current price list. The respective cost bases for the appropriate license fee can be found in paragraph 6. of these terms with reference to the current price list. The conclusion of the license agreement requires the transmission of a license application. This must be done by using the downloadable license application pattern, giving all the information marked as required. The transmission of the signed license application is to be made by fax to RPM (or its foreign partners) as a scan of the fax document in PDF format via e-mail. It is also possible to conclude an online purchase of the license. (See also below Part II.) The user is obliged to forward RPM no later than two weeks after completion of production details about the type and extent of use of the song. The conclusion of a license agreement and the related reporting the information required, however, the license has always to take place before the publication of production. In cases in which will be sent to the license application pattern only one mechanical license a license agreement release certificate will be given to the client. Further uses in a different form of use or time of the title which is not covered by the ROBA PM “ALL IN” License always require the completion of a new license agreement. If the performing and broadcasting rights and mechanical reproduction rights in the work are administered by GEMA or other collecting society, they must be obtained from the user via GEMA or another collecting society. This is not the case if and when it is royalty-free repertoire. The user is – as stated in the 4th paragraph under f) - required, for those titles which are not CS free to enter and report them with the necessary information on the appropriate royalty-report forms and forward them to the GEMA (or another CS) and a copy must be sent to RPM. If desired, RPM does the reporting for the use where the bill(s) is/are borne by the licensee. With the submission of the lists required by RPM consent applies to the use of the title to be granted. If the performing and broadcasting rights are perceived to absorption by the collecting society of GVL GmbH (hereinafter "GVL") or any other neighboring rights company, these must be obtained from the users in the GVL or another collecting society. The user is in the cases under paragraph 4. required to send the required information correctly entered on the report forms and forward them to the GVL (or the equivalent CS in another country) and a copy must be sent to RPM.

5. SCOPE OF THE GRANT OF RIGHT
The grant of rights is described in the current version of our rate card. Licenses obtained from RPM are to be used only after payment of the appropriate license fee in accordance with paragraph 7 of these terms and conditions. With the conclusion of the license agreement there are no rights to the name of the artist or title given. The use of the name of the artist and / or title is not possible without the prior written consent of RPM. ROBA PM offers a special all in license which is also applicable for a so called “Production”. In our rate card we define „Single Production“ as the one ad spot, one Imagefilm, one TV documentary, one TV Episode, one CD/DVD Give Away Project, one Audiobook etc.. If the licensed single project altered with a new story, (moving) pictures or text we understand this as a new production and a new license has to be requested. E.g. we do not understand as a single production: Different Advertising spots in a campaign or the three movies within a movietriologie. For the latter three licenses have to be requested to user all our music without limitation for all media, for the world, for forever.

6. LICENSE FEES, PENALTY
The calculation of the royalty payments will be set as of the date of receipt of the license application as to the RPM price list on that date. For any use that is made without proper licensing, at least double the license fee will be issued. In addition, RPM reserves the right to claims for compensation.

7. PAYMENT
After the release is done the licensee will receive an invoice. The invoice must be paid within fourteen (14) days of receipt of invoice without any deductions. If ROBA PM offers other payment methods like e-payment it might be that the customer is billed directly.

8. SET-OFF
The right to set-off the can only made by the user with legally determined or undisputed claims. A lien can be done by the user not otherwise than in respect of such claims, which in turn are mutual obligations of the same contract.

9. WARRANTIES
In the case of form RPM acquired exploitation rights RPM the licensee will be held harmless form legitimate claims of third parties (musicians, conductors, producers, including free). This excludes all claims of copyright or other collecting societies GEMA and GVL or other CS.

10. LIABILITY
RPM is only liable for any damages arising in connection with the use of the site and music in accordance with the following rules: For intent, claims under the German Product Liability Act and an injury to life, limb or health RPM is solely responsibility according to legal regulations; For gross negligence, the liability of RPM is limited to the amount of reasonably foreseeable damage; For negligence RPM is only liable if a fundamental contractual obligation was breached. In this case the liability is limited to the typical foreseeable damage; If any titles are provided free of charge claims for material defects and deficiencies of such content, in particular for its correctness, accuracy, exemption from property and copyrights, completeness and / or usability - except in cases of fraudulent concealment of a defect or a given, contrary to the above rules guarantee - are excluded. RPM cannot influence content and organization of linked websites. RPM therefore accepts no responsibility for liabilities or damages of any kind incurred due to the visit or the use of linked websites. In that regard, RPM expressly distances itself from all content on this site linked websites and does not endorse them explicitly.

11. PRIVACE POLICY
Because of the legal obligations, on the handling of data in the context of the use of the site please refer to our privacy policy which can be obtained from us at any time.

12. FINAL PROVISIONS
If any provision of these Terms is invalid or unenforceable, or unenforceable, the validity of the remaining provisions shall be given. In the case of the invalidity or unenforceability of any provision of these Terms they shall automatically apply to those valid and enforceable provisions as agreed by the parties, which comes the closest with the invalid or unenforceable provision intended. Amendments to these terms require the observance of writing. This also applies to any waiver of this written form requirement. If the user is a commercial, legal persons under public law or a public special fund, for all disputes arising out of or in connection with these terms use the courts of the judicial district of Hamburg shall be responsible. The place of fulfillment is Hamburg. The legal relationship between the user and RPM is covered - regardless of nationality or habitual residence of the user - to German law, excluding UN sales law. The provisions of Article 29 paragraph 1, 3 and 4 EGBGB remain unaffected.


II. TERMS OF USE FOR BUYING MUSIC LICENSES ONLINE
This is a contract between you and ROBA Music Production ("ROBA PM") as a department of ROBA Music Verlag GmbH, Neue Rabenstrasse 3, 20354 Hamburg. Prior to the use of our digital production music archive (the "Service") please read these Terms of Use and all our other policies and rules (together the "Terms"). If you take the service and acquire music licenses these terms and conditions binding on you.

1. THE SERVICE
The service offers downloads of digitized versions of audio and graphical materials and information about these audio recordings and other content (individually and collectively, "Digital Content") and other services for the commercial use - particularly the online completion of licensing agreements - to in these terms and conditions specified conditions and conditions.

2. CONTRACT
Your order of a music license represents the completion of a contract of sale with ROBA PM. We will send you an e-mail confirming receipt of your order (Order Confirmation). Contractor is ROBA PM as part of ROBA Music Verlag GmbH. Your use of the service includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into this site, including notices of cancelation, policies, contracts and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. ROBA PM is not responsible for typographic errors.

3. DIGITAL CONTENT AND LICENSE
Legal granting: With payment of the purchase price for the digital content and its license we grant you a non-exclusive, non-transferable right to use the digital content for commercial use, in each case subject to our license terms and conditions and in accordance with these. Restrictions: You agree to not use your digital content and license the rights of copyright holders of digital content to all applicable laws and violated illegally to observe. Outside of their license, you agree not to sell the digital contents, share, lend, license or otherwise transfer or use. You acknowledge that include the intellectual property of digital content ROBA PM and are protected by law. Transactions: All transactions and the order of music licenses are binding. You have the right to cancel your order until the beginning of the order. After the start your order to us this is not possible anymore. The service and the applicability of our license rates begin immediately, if you send a document to order music licenses. Digital content and music licenses cannot be returned. Once you have ordered your music licensing, we urge you to immediately download and making backup copies. You assume all risk of loss after purchase and for loss of digital content and licenses, including losses due to a computer or hard disk failure. We may, from time to time without prior notice remove music from the service.

4. YOUR ACCOUNT
As a registered user of our Service, you may establish an account ("Account"). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify ROBA PM of any security breach of your account. ROBA PM shall not be responsible for any losses arising out of the unauthorized use of your Account. You agree to provide accurate and complete information when you register with, and as you use, the service, and you agree to update your Registration Data to keep it accurate and complete. You agree that we may store and use Registration Data for billing you.

5. RESERVATION OF RIGHTS
In addition to the rights expressly granted to you in terms of use, all the rights and property rights remain at our service.

6. TERMINATION; CHANGES
Your license will terminate automatically without notice from us if you do not meet any of the terms contained therein. Upon such termination you shall cease all use of the software and digital content and we may revoke your access to the Service without notice to you and without refunding any fees immediately. We can change any of the Terms of use by posting the amended terms on the website for the service. If you use our service after the effective date of any such change to the service you signify your consent to be bound by the amendment.

7. MATURITY AND PAYMENT, DEFAULT
For the license we will send you an invoice. In the future you can pay by credit card, direct debit and other payment services. For new customers there is a limit up to which the purchase on account is possible. This limit applies to the overall customer and also takes into account outstanding amounts from previous statements made. We reserve the right in individual cases, certain methods of payment do not offer. If the buyer defaults, ROBA PM is entitled to charge interest at a rate of 5% above the European Central Bank announced the base interest rate pa to demand. ROBA PM If a higher default damage detectable ROBA PM is entitled to claim it.

8. OFFSET, RETENTION
A right to offset the buyer only if his counterclaims have been established or are undisputed by ROBA PM. He is also the right of retention only insofar as his counterclaim is based on the same contractual relationship.

9. PRICE
All prices include the respective applicable VAT.

10. COLLECTION, PROCESSING AND USE OF PERSONAL INFORMATION OF OUR CUSTOMERS
Information we receive from you helps us to make your use of ROBA PM’s website better. We use this information to handle orders, deliver goods and provide services and the handling of payment (for purchase on account for the necessary checks). We also use your information to communicate with you about orders, products, services and marketing offers and to update our records and to maintain your accounts with us and maintain as well as help you to recommend products or services that interest you could. We also use your information to improve our platform, prevent abuse of our website or to discover one or allow third parties to carry out technical, logistical or other services on our behalf.

11. APPLICAPLE LAW AND JURISDICTION
This contract is subject to the German law. ROBA PM and you hereby consent to the jurisdiction of the courts of Hamburg. The application of provisions of international treaty law and the convention on the international sale of goods is excluded in this agreement.


III. Roba Privacy Policy
Roba Production Music ("Roba") is committed to safeguarding the privacy of all visitors to www.robapm.com (the "Site"). This Privacy Policy sets out the basis on which any personal data we collect from you or that you provide to us, will be processed by us. Please read the following Privacy Policy to understand how we use and protect the information that you provide to us.

1. CONTACTING US
For the purpose of the Data Protection Act (the "Act"), the data controller is Roba Music Verlag GmbH, which is a company incorporated in Hamburg, Germany. If you want to know what information we hold about you or if you have any other queries in relation to this Privacy Policy, our contact details are as follows: Roba Production Music, A branch of Roba Music Verlag GmbH, Neue Rabenstrasse 3, 20354 Hamburg, Germany,+49 40/ 414108-0, info@roba.com

2. INFORMATION WE COLLECT
If you decide to register in order to be able to upload your recordings to the Site and to receive royalties from the distribution of your recordings ("Registration"), you will be asked to provide certain information about yourself including your name, contact details and bank details and we will collect and keep this information. By completing Registration, you consent to the collection, use and transfer of such information in accordance with the terms of this Privacy Policy. If you complete Registration you will be sent a unique password and user name to enable you to access your personal area ("Personal Area"). We may collect generic information about your visits to and use of the Site such as your IP addresses, geographical location, browser type, referral source, length of visit and number of page views. Individual users will not be identifiable from this information and we may use this information for a number of purposes such as optimizing the use of the Site, disclosing to third party contributors or for security purposes. In particular, we may use an analytics service provider for website traffic analysis and reporting and to track information such as which browser, screen resolution and IP address you are using to access our website, in addition to tracking your movements around our website. We may also collect information about your usage of the Site, as well as information about you, from e-mails or letters that you send to us. For example, if you contact us, we may keep a record of that correspondence. We will only use any such information in accordance with the terms of this Privacy Policy. We may receive some information that you submit to any third party website that you access from a link contained in the Site. Both us and the owner or operator of that third party site will be the data controller in respect of any such information and you should check the privacy policy of that website to find out how they will use your data. We will only use that information in accordance with this Privacy Policy. Except for the banking information provided securely by you using your Personal Area we do not store any other financial or credit information about you.

3. USE OF YOUR INFROMATION
We will only use your information for the following purposes: to ensure that content from the Site is presented in the most effective manner for you and for your computer; to administer, support, improve and develop our Site; to provide customer service in relation to your use of the Site, to deal with enquiries and complaints relating to the use of the Site and to notify you about changes to our service; provide third parties with statistical information about our users but this information will not be used to identify any individual user; and if you complete Registration, also to provide you with information about our services that we feel may interest you; to provide you with information about third parties products, services and events that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes; to administer your Personal Area and enable us to provide you with access to all parts of the Site and to enable you to download information and materials from the Site; and to send you general (non-marketing) commercial communications, such as information about the our Roba services provided to you by us at that time.

4. DISCLOSURE OF YOUR INFORMATION
Other than as expressly set out in this Privacy Policy or as otherwise required or permitted by law, we will not share, sell or distribute any of the information you provide to us without your consent. If you complete Registration, your Personal Area will not be visible to anyone except you and us. Your Personal Area can only be accessed by us, or by logging in using your password. Therefore you should keep your login details safe and not disclose them to anyone. Any Material uploaded by you to your Personal Area, will not be visible to any other users of the Site. You should not upload any Material that you do not want to be made available on the Digital Services selected by you. We may disclose your personal information to (i) carefully selected third parties to contact you about products, services and events which may be of interest to you, where you have consented to be contacted for such purposes; (ii) any third party to whom disclosure is necessary to enable us to provide you with our service for which you have completed Registration via the Site; (iii) any person to whom disclosure is necessary to enable us to enforce our rights under this Privacy Policy or under the Terms of Use; and/or (iv) any purchaser (or prospective purchaser) of the shares or business of Roba Music Verlag GmbH, or any purchaser of the Site.

5. COOKIES
The Site uses cookies to ensure that you get the most out of the Site. A cookie is a text file sent by a web server to a web browser, and stored by the browser. The text file is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser. Therefore, we may send a cookie which may be stored by your browser on your computer’s hard drive. We may use the information we obtain from the cookie in the administration of the Site, to improve the Sites usability and for marketing purposes. We may also use that information to recognize your computer when you visit the Site, to monitor website traffic and to personalize the Site for you. If you do not wish us to install cookies on your computer for these purposes, you may change the settings on your internet browser to reject cookies. For more information please consult the "Help" section of your browser. Please note that if you do set your browser to reject cookies, you may not be able to use all of the features of our Site. As mentioned above, we may use an analytics service provider for website traffic analysis and reporting. Analytics service providers generate statistical and other information about website use by means of cookies, which are stored on users' computers. The information generated relating to the Site may be used to create reports about the use of the Site and the analytics service provider will store this information.

6. THIRDPARTY SITES
Any advertisements contained on our Site may operate as links to that advertiser's websites and as such any information they collect by virtue of you clicking on that link will be collected and used in accordance with the privacy policy of that advertiser.

7. SECURITY AND DATA RETENTION
We employ security measures to protect your information from access by unauthorized persons and against unlawful processing, accidental loss, destruction and damage. We will retain your information for the duration of your membership of the Site and for a reasonable period or as long as the law requires or permits. We will store all the personal information you provide, including your login details, on our secure servers. Data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet. You are responsible for keeping your password and user details confidential.

8. INTERNATIONAL DATA TRANSFERS
Our servers are situated in the European Economic Area, however we collect data from wherever users are situated. The information that we collect will therefore be transferred to the European Economic Area from any other country in which you may be located and will be subject to German data protection laws rather than the laws of the country in which you are resident. We do not transfer personal data outside the European Economic Area.

9. YOUR RIGHTS
You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us using the contact details provided above. You may request us to cease sending you any marketing information at any time by notifying us in writing or alternatively each marketing email sent to you will contain an easy, automated way for you to cease receiving marketing emails from us, or to change your expressed marketing permissions. If you wish to do this, simply follow the instructions at the end of any email. You may request us to cease processing your data at any time but if you withdraw your consent to certain types of processing described above we may be unable to maintain your membership of the Site. If you have received unwanted, unsolicited emails sent via this system or purporting to be sent via this system, please forward a copy of that email with your comments to us for review.

10. UPDATING INFORMATION
Please let us know if the personal information which we hold about you needs to be corrected or updated at any time.

11. CHANGES TO OUR PRIVACY POLICY
We reserve the right to make changes to the Privacy Policy from time to time. Any such changes to our Privacy Policy will be posted to the Site and, where appropriate, through e-mail notification.