Customer Agreement - m i d i p i r a t e s

CUSTOMER AGREEMENT

This Customer Agreement (“Customer Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and MIDIPIRATEN UG (Haftungsbeschränkt) concerning the use of our products.
By establishing an account, downloading or buying one of our products, you agree to be bound by this Customer Agreement, including future revisions.

You acknowledge and agree that your use of the MIDIPIRATEN UG (Haftungsbeschränkt) product is governed by the terms of this Customer Agreement, the MIDIPIRATEN UG (Haftungsbeschränkt) Terms of Use Agreement posted on MIDIPIRATEN UG (Haftungsbeschränkt)’s web site.

RETURN POLICY

MIDIPIRATEN UG (Haftungsbeschränkt) guarantees it’s products and will accept returns for full refunds or exchanges in the following cases:
1. The product you received is defective
2. The product arrived damaged due to mishandling during shipping
3. The product was not ordered and is not in your order history
4. Incorrect compatibility information on our website led to the purchase of an incompatible item

In these cases, please contact us to request a return authorization. Unauthorized returns, or items returned more than 30 days following receipt, will not be accepted for refunds. If you need to cancel or modify an order, please notify us immediately. Returns on properly functioning software, open or unopened, are not accepted. Returns on properly functioning download items are also not accepted. With the exception of defective items, all returned items must be received in their original unused condition to be considered for a refund. Return shipping charges will not be subject to refund, except in cases where we have shipped an incorrect item. Refunds will be processed via credit card credit. To request a refund, please contact us at office@midipiraten.de. Please include the name of the product(s) you wish to return, your order ID number, and the reason for the return.

It is MIDIPIRATEN UG (Haftungsbeschränkt)’s policy to comply with all intellectual property laws and, in appropriate circumstances, to terminate the use or accounts of users who infringe the intellectual property rights of others. If you believe that your work has been infringed, send a notice of copyright infringement to:

MIDIPIRATEN UG (Haftungsbeschränkt)
 An den Bänken 3
12589 Berlin
Germany

Your notice must include:
• Physical or electronic signature of the copyright owner or the person authorized to act on behalf of the copyright owner.
• Identification of the copyrighted work claimed to be infringed.
• Description of where the alleged infringements are located in the Services.
• Your name, address, telephone number and email address.
• A statement of good faith belief that the material is infringing.
• A statement that, under penalty of perjury, the information in the notification is represented to be accurate and that the complaint is authorized by the copyright holder.

Once proper notice has been received, MIDIPIRATEN UG (Haftungsbeschränkt) will remove or block access to infringing material, and notify the subscriber of the copyright infringement notification. The subscriber must provide a counter notice that contains the following information:
• Physical or electronic signature of the subscriber.
• Identification of the material that has been removed or to which access has been disabled.
• Statement that the subscriber has a good faith belief that the material did not constitute copyright infringement.
• Subscriber’s name, address, telephone number, and email address.
• Statement that the subscriber consents to jurisdiction in federal court and provides the counter notice information under penalty of perjury.

If MIDIPIRATEN UG (Haftungsbeschränkt) receives a counter notification, it will forward this notification to the original complaining party. If the complaining party does not respond to the counter notice by filing a lawsuit, MIDIPIRATEN UG (Haftungsbeschränkt) will restore the material or access to the material within ten to fourteen days of the receipt of a counter notification.

COPYRIGHT PROTECTION POLICY
MIDIPIRATEN UG (Haftungsbeschränkt) does not permit unauthorized distribution or resale of MIDIPIRATEN UG (Haftungsbeschränkt)’s products or services. To enforce this, MIDIPIRATEN UG (Haftungsbeschränkt) may incorporate Yamaha proprietary protection technology into its products and services. Yamaha Premium Packs and Voices use encryption which restricts transfer to a single specific instrument.

ARTIST NAME DISCLAIMER
Disclaimer: Please be advised that the MIDI files made available on the Services are not, and do not contain, the original recording of the song recorded by the identified artist but instead are re-recordings of the identified song. The identification of recording artist names is solely for descriptive and informational purposes and is not intended nor should be construed to constitute as an endorsement by the recording artists or owners of the original recordings of the MIDI files or this music download delivery service.

TAXES
You will pay all taxes or other government fees and charges, if any, which are assessed based on the amount of your order and the billing address you provide to MIDIPIRATEN UG (Haftungsbeschränkt).

PROCEDURES REQUIRED FOR NOTICE BETWEEN YOU AND MIDIPIRATEN UG (Haftungsbeschränkt)

Any notices or communications under these provisions or relating to your use of the Services must be delivered as follows:

  If notice is by you to MIDIPIRATEN UG (Haftungsbeschränkt),
1. Customer Service inquiries and technical inquiries about the routine operations of the Services may be directed to: http://www.midipirates.de/contact
2. all legal notices, notice of disputes and demands for arbitration, and any other notice which purports to change these provisions or to assert legal entitlements must be sent in writing to:

MIDIPIRATEN UG (Haftungsbeschränkt) An den Bänken 3
12589 Berlin
Germany

By registred mail or certified mail, return receipt requested. In no event shall you assume that notice by electronic mail satisfies this requirement, for notice to be sufficient under 2., you must identify your name, address, telephone number and email address. All sufficient notice shall be deemed to have been received on the date it is delivered. If notice is by MIDIPIRATEN UG (Haftungsbeschränkt)  to you, notice may be sent at MIDIPIRATEN UG (Haftungsbeschränkt)’s reasonable discretion by electronic mail to the electronic dress specified during use of the services by certified or registered mail to the mailing or street address provided by you during your access of the services or by nationally recognized delivery service which maintains receipt confirmation. You will be deemed to have received notice either upon receipt or, for mailings, within seven days after mailing, whichever earlier occurs. You are responsible for notifying MIDIPIRATEN UG (Haftungsbeschränkt) of any changes to your contact information prior to any changes. MIDIPIRATEN UG (Haftungsbeschränkt) may use your previous contact information, if you failed to provide MIDIPIRATEN UG (Haftungsbeschränkt) with updated or current information.

GOVERNING LAW:
This agreement shall be governed by and construed in accordance with the laws of Berlin, Germany.