1. General and Application
(1) Following Terms and Conditions apply to every business relation between the Provider and the User as Customer.
(2) Consumer means, in terms of these general terms and conditions, every natural person who enters into a legal transaction for a purpose that is outside its trade, business or profession.
An Entrepreneur means, in terms of these general terms and conditions, a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of its trade, business or profession.
Customers for the purposes of such terms and conditions are consumers as well as Entrepreneurs.
(3) Individual contract agreements have priority ante these general terms and conditions. Diverging, conflicting or complementary general terms and conditions do not become a part of the contract, unless, their validity is expressly agreed.
2. Customer identification
(1) The services free of charge can be used without any registration. Only registered Customers have access to the chargeable services of the Provider. As part of the registration process, the Customer shall select a user name (email address) and a password.
By completely filling the registration form and accepting these general terms and conditions, the Customer makes a binding offer to conclude a contract to use the offered and ordered services.
Provided that the services of the Provider are subject to a charge, the Customer shall – if necessary – truly and completely specify its bank and/or its credit card details as well as any changes to its data without delay.
The Customer will receive an email after registration that will request the confirmation of the registration. As soon as the Customer confirms the registration, the process is completed.
(2) In case that the Customer is aware of any misuse of its access data to the services of the Provider, he shall immediately inform the Provider. The Provider is entitled to block the access to the used services in case of misuse. The suspension of the block will be possible by written request of the Customer.
3. Terms and termination
The use of the services of the Provider is not bound to a specific period of time.
The chargeable services of the Provider are subject to a certain contract period that arises from the description of the services offered by the Provider, which are an essential part of these general terms and conditions. The right of the parties for extraordinary termination of the contract as well as the right to terminate the recurring obligations for important reasons remain unaffected. An important reason exists provided that in consideration of all circumstances in the specific case and weighing up the interests of both parties, the terminating part may not be reasonably expected to continue the contractual relationship until the end of the agreed contractual period or until the expiration of the notice period.
4. General duties of the Customer
(1 )The Customer is responsible for the availability of the technical requirements to use the benefits of the Provider, particularly with regard to the used hardware and software, the Internet connection and the compatibility with the usual browser software. The Customer is also obliged to secure its computer system, particularly to carry out a data backup regularly and to install up-to-date antivirus software. The Provider is not liable for virus damages, which could have been prevented by using the corresponding software.
(2)Not use the services of the Provider to view or spread neither immoral or illegal statements nor pornographic and right-wing or violent contents;
(3) Offers, which application, supply or distribution infringes industrial property rights (such as trademark, patents, utility models and design rights), copyright and ancillary copyright and other rights (such as right to the own image, name and personal rights); the offer of plagiarism is not permitted;
(4) Pornographic and harmful offers;
(5) Propaganda articles and products from any unconstitutional organization;
(6) Weapons as defined on the Weapon Act, particularly firearms, cutting and stabbing weapons of any kind as well as ammunition of any sort;
(7) Protected live animals, products and preparations of protected animals as well as protected plants and their preparations;
(8) Bonds – especially shares – credits, loans and financial aim; money market and financial instruments, excluded from historical bonds that are not in circulation anymore;
(9) Debt obligations and court titles as well as other claims arising from collection legal transactions;
(10) Vouchers, which are available free of charge for everyone;
(11) Goods whose possession is lawful, but their use in the country of delivery is prohibited;
(12) Human organs;
13) Goods for a lower price as the statutory fixed price, insofar as the fixed price is not charged and there is no exemption;
(14) Land and land rights.
a) The Customer is the sole responsible for the contents and for the accuracy of the transferred data.
b) The Customer is not allowed to convert files automatically using a scripting language. The sole exception is by using our API service.
c) The Customer is not allowed to share his account and login data.
5. Blocking of access
(1) The Provider reserves the right to revoke the right to access to its services or to reject the registration of a Customer who misuses the services of the Provider or violates these general terms and conditions. The Customer will be immediately notified per email about this revocation of the right to access or rejection of the registration.
(2) If the Customer fails to meet its obligations under these general terms and conditions; violations, for which the Customer is responsible, the Provider is entitled, subject to any further claims, to temporally fully or partially block the access to its services. Thereof, the Customer will be immediately notified per email.
6. Infringing content policy
(1) Every user of the website has the possibility to report any violation of its intellectual property rights caused by any content on this website.
For this purpose, the Provider requires detailed information. This information should content the following:
a) A statement that contents at bearaudiotool.com infringe intellectual property rights of the user or of third parties who authorised the user to act on their behalf;
b) An identification of the copyright claimed to have been infringed, indicating a link to the relevant content;
c) Full name, address, telephone number and email address of the user;
d) A statement, that the user is either the copyright owner or a person authorised to act on their behalf;
e) A statement that the user believes in good faith that the use of the content in the manner complained has not been allowed neither by the intellectual property rights owner nor by any other for this purpose authorised person.
(2) If desired that the complaint should be considered pursuant to the U.S. Digital Millennium Copyright Act section 17 paragraph 512(c), those requested in section 9 (1) shall be stated under penalty of perjury. Furthermore, an electronic or physical signature is also necessary under the above required information.