TERMS APPLICABLE TO ALL OF episonic
These episonic Terms of Service comprise a legal agreement between You and episonic.com and governs Your use of episonic.com episonic. By registering to a episonic service, you aggree to be bound by the terms of these terms of service and the additional terms, as modified from time to time. If you do not agree to these Terms of Service and the Additional Terms do not register to or use the episonic services. episonic.com is an Internet service provided by Marc Muncke and made available under the terms and conditions of this user contract.
This document alone and no other constitutes a relationship as user with the company episonic.com.
By accessing the episonic.com site, whatever the Internet address or URL used, and/or buying response units you accept to be bound by all the terms of this user contract.
episonic is made up of Web sites and Web pages operated by episonic.com and its affiliates and of various products and services which are provided by episonic.com, its affiliates or third party service providers. These Web sites, Web pages, products and services will be collectively referred to in this Agreement as "episonic.com" or the "episonic system." "You" means You, Your company, Your employees, and anyone who has access to use Your episonic; account. You must be at least eighteen (18) years of age to subscribe to and use any episonic service or product, or be accompanied by an adult while doing so.
episonic is an open Platform that lets owner of artworks (episonic artist) offer their artworks in a digital form that means for download upon selection by any user. User is a person that searches the episonic database for music available for download after purchse. A user might also be a person sent to the episonic.com Website by selection of a certain hyperlink on a website by a episonic artist's website
A episonic item pertains exclusively to works of art in the following disciplines: Photography, Design and Audiovisual-Multimedia, Music necessarily associated with an artist referenced in the episonic database.
This episonic item shall make use of the resources of the episonic database in order to format your episonic item: Name of artist, style, description, title which are referential databases constituting to protection under the sui generis right belonging to episonic.com, and with respect to copyright.
episonic items describe works of art for sale or works of art sought by a buyer. They can include only texts, hyperlinks, audiovisual data and pictures which you provide us with. The content of your episonic item must not violate the rights of third parties relative to photographs, pictures, audio, video, music and texts. We would draw your attention to the fact that you are fully responsible for any episonic.com item that you publish.
In particular, episonic cannot be held liable for the right of reproduction concerning which you hereby state that you are authorised to publish the multimaedia-content of the work of art sold or sought after in the context of the episonic.com item.
must not contain viruses, computer worms, or any other data-processing programs intended to damage or intercept, on a furtive basis, any data-processing systems, data or personal information;
Any products or services advertised, sold or otherwise distributed by You on or in connection with Your Web Site are legal for sale or distribution;
You have all licenses necessary to sell or advertise the goods or services offered for sale or distribution and that all sales and advertisements will be in compliance with applicable law.
You have and control all of the intellectual property, proprietary and similar rights necessary for all material located on Your Web Site, all submissions, and all products and services sold or otherwise distributed by You or on Your behalf via Your Web Site.
episonic lets you upload files for storage and sale to customers. These uploaded items are covered by the same rules as "EPISONIC ITEM & EPISONNIC ITEMS" but additional rules apply:
You will not upload any harmful code that interferes with the operation of the webservers that deliver these files to episonic's customers.
You will not by force upload much more traffic volume as allowed by your episonic account.
episonic by no means gives you a guarantee that the stored goods are always available as they were delivered. episonic is no backup means for your files and so you yourself should keep backups of all files uploaded to episonic.
episonic will test if your files are available for sale in case a customer wishes to purchase a download.
Any person that is a registered user with episonic (episonic artist) may initiate a process of selling digital goods in this case music to customers for a specified price that is in the episonic artists choice.
A sale is made when another client pays the items in his cart.
When an item by a episonic artist is sold via episonic, the episonic artist recieves a mail informing him of the sale.
episonic is a social shop that lets people add a custom shop with albums they can freely choose to their profile in www.myspace.com or similar social networks.
When you add an album in episonic, everybody can place it on his myspace shop without notification and the shop owner will reveive 10% provision for every sale if it is made from his shop.
All sales are sumed up in episonics database and sent out to the episonic artist via cheque when the following requirements are fulfilled :
1. the amount of money to be sent to the episonic artist exceeds 100 Euro
2. the last payment was made at least six months ago
The money sent to the episonic artist always is the full amount in the episonic artists account. There is no partial moneyback function.
Sending the money is activated automatically when cond. 1 and 2 are met. The Artist will be informed via mail
episonic transfers all money via www.paypal.com, so you will need an account with www.paypal.com to recieve your money,
When clicking on "continue to checkout" a contract between the customer and episonic.com is made
Checkout is the payment of the order via credit card by www.paypal.com. When a customer has successfully paid the price for episonic items, he revieves a mail that holds the purchse information and a hyperlink lets the customer
open a page that holds the download information.
When a customer downloads any multimedia-content via the purchsed hyperlinks he accepts the user-rights given with this purchase.
User rights are : usage of the downloaded multimedia data for private and personal use, recording, saving and replaying of an item on and from a digital media. Any commercial use of a episonic purchased item is not allowed.
credit-card Clearing-Descriptor: EPISONIC
Entering any number of items into the episonic system by a episonic artist is free of charge.
All prices are in Euros.
All fees are to be paid from the price for a piece of art that the episonic artist makes in the menu "set file properties" or "set album properties"
For any sale made via the episonic system a provision of 10% goes to the episonic account.
The owner of the webserver from which the sold file is sent to the customer will also be given 10%
The owner of the shopgadget (www.myspace.com etc.) from which an item was sold will also receive 10%
That means a sale royalty can vary from 70% when you are not the shop owner and not the owner of the network storage to royalties of 90% when aou are the owner of the shop and the owner of the network storage.
If the client purchasing a file is a resident of the european union the value added tax of 10% is reduced from the 11,5% and given to the austrian tax authority (VAT included )
Any fees necessary to send the money back to the episonic artist are taken from the episonic artists account.
These paypal fees are calculated like this : Price * 3.9% + 0.39 €
If you run a NETWORK NODE in the episonic network, you must use a fully qualified dns name or DynDNS.
You are not allowed to shut down the node without notice to episonic office before.
When you want to shut down your network node, episonic gets 1 week time after notice to transfer all content to another server on the episonic network
in no event shall episonic or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages or any damages whatsoever including, without limitation:
* damages for loss of use, data, accounts, revenues or profits, arising out of or in any way connected with the use or performance of episonic or related services, or
* with the delay or inability to use episonic or related services;
* the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through episonic; or
* otherwise arising out of the use of episonic, whether based on contract, tort, negligence, strict liability or otherwise, even if episonic, or any of its suppliers has been advised of the possibility of damages. because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. if you are dissatisfied with any portion of episonic, or with any of these terms of service or the additional terms, your sole and exclusive remedy is to discontinue using the episonic system and its related services and products.
RIGHT OF WITHDRAWAL
or errors during transactions: There is no right of withdrawal because of distant selling (EU Laws), because a return of the files transferred is not applicable.
In case a file can not be delivered because of an error the customer has the possibility to get the file without any further costs.
Any problems with a purchase can be sent via email to firstname.lastname@example.org.
episonic has to do housekeeping once a day that means it will not display any information about you as long as you did not upload/register at least one file for sale (that's what episonic is for...). That includes that you are not found in search at least for the first day until the houskeeping was done.
LIABILITY AND RESPONSIBILITY
episonic.com shall have no liability or responsibility for:
a) any injury or loss, in whole or in part, by its omissions, additions, actions, or negligence, or for contingencies beyond its control, in compiling, presenting, or delivering the Data;
b) any misrepresentations, omissions, errors, inaccuracies or corruptiveness in the Data no matter how it was caused or delayed; or
c) any decision taken or not taken in the reliability of the Data given hereunder.
episonic.com makes and implies no warranty, guaranty, or representation of the content, accuracy, sequence, completeness, or timeliness of the Data or that the Data can be relied upon for any reason. Tag It makes and implies no warranty, guaranty or representation that the Data found here will be errorless or continuous or that any mistakes can be corrected.
episonic is a marketplace for artwork and allows you to sell music or other digitally transferable data to a customer.
episonic does not hold the items to sell and therefor under no circumstances can be made liable for unavailability of any item in the database. That means an item may be available during the payment process and not available for download later. episonic is not responsible for such changes. In any case it is a violation of the contract with episonic.com to remove data that was made available for sale as a episonic item and is a reason for cancellation of the contract in lesser or more severe cases.
When you visit episonic.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Using the username and password sent by episonic.com to the user the user undertakes on his/her sole responsibility to submit artworks for sale to the episonic database.
episonic.com cannot be held responsible for the fraudulent use of the username and password of the user which are the only references that episonic.com is authorised to verify.
LINKS TO THIRD PARTY SITES
Links within the episonic System may let You leave the episonic System. You acknowledge that the linked sites are not under the control of episonic and that episonic is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site. episonic is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by episonic of the linked site or any association with their operators.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide episonic.com's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying episonic.com and its affiliates that your copyrighted material has been infringed.
* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
* A description of the copyrighted work that you claim has been infringed upon;
* A description of where the material that you claim is infringing is located on the site, including description to an hyperlink of the button "add to cart" of that material
* Your address, telephone number, and e-mail address;
* A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
* A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
episonic.com's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Tel.(++43)(1) 218 34 76-26
fax:(++43)(1) 218 63 00 63
All personal data collected and processed for purchases, sales and episonic items is used in the juridical correctness with austrian law. Every further collection of personal or other user data is done with additional accordance by the user.
All relevant data for credit-card processing is transferred SSL-encrypted and will not be saved at episonic.com.
The clearing Descriptor on the creditcard-bill for episonic.com is EPISONIC
Austrian law is applicable
The place for juridical disputes is Handelsgericht Wien