Terms and Conditions

1. Scope, Language Version

These general terms and conditions apply for the usage of the website of Load.CD GmbH, Rothausstrasse 1, 8280 Kreuzlingen, Switzerland (Musicaneo) and the data and files available for all end users.

These Terms and Conditions are provided in different language versions. In the event of ambiguities or discrepancies, the German version shall prevail.

2. Licence and Access

Musicaneo’s scope of services is determined by contract with the institution granting you as an authorised user access data and rights of use (“Main Contract”). In general, Musicaneo makes files available via an internet platform ("virtual library"), all files are categorized in a database. The number of downloads is limited according to the main contract.

Server-sided, Musicaneo provides a web page for this purpose, which allows you to use the service offered after your login via e-mail address and password. It is your own responsibility to ensure that a sufficiently fast internet connection and common soft- and hardware capacities (supported internet browser: Google Chrome, Firefox Version 3.0 and higher, Internet Explorer Version 7.0 and higher, Safari) are available.

3. Use of the subject of licence

Your agree to comply with the following terms of use:

Commercial use of data and files, which are subject of licence, is prohibited. Access to data and files, which are subject to licence, is limited to authorised users only. It is prohibited to circulate or transmit any data and files, including the circulation and transmission to other libraries and institutions. The license granted to you is non-transferable and non-sublicensable.

Data and files, which are subject of licence, shall be permitted for individual download and as required and for intended use only. Systematic downloading or download for storage without a specific intention for use is prohibited.

On expiration of the agreement all downloaded data and files must be deleted. The subsequent use of data is prohibited.

4. Prohibited Actions and Activities

The following actions and activities are prohibited:

a) to bypass or change security technology or software, which form part of the range of services offered by Musicaneo or to encourage or help others to do the same;

b) to use files or programs, which interfere with, interrupt, destroy, monitor or restrict Musicaneo’s software or hardware, or which enable unauthorized access to computers or computer networks;

c) to engage in any automated use of our services beyond the intended use;

d) to use an account, user name or password of another customer, publishing the password of a customer to third parties or enabling third parties to access a customer account; and

e) any other unauthorized or illegal use of the services provided by Musicaneo.

5. Copyright Disputes

Musicaneo has checked the data and files available for download to ensure that no copyrights of third parties are infringed. Despite these checks, however, disputes may still arise relating to copyright on individual items of data. In the music sector in particular, it is often only feasible to check a possible copyright infringement once potential copyright holders raise objections and demonstrate (with proof) why they believe they have a claim to certain rights.

If you are informed by a third party that a potential copyright infringement has occurred due to data from the Musicaneo stock, you are obliged to report this to Musicaneo immediately. Musicaneo shall then assess the case where necessary. You shall cooperate with Musicaneo as required.

In the event of copyright disputes, Musicaneo shall remove the relevant data from the stock and only make available again once it has been proven that no third party’s rights are infringed.

6. Liability of Musicaneo

We shall not be held liable for slight negligence. Musicaneo’s liability for indirect, incidental and consequential damages, loss of profit, lost savings, loss of earnings and lost data, where legally permissible, is excluded. Otherwise, the liability is restricted to damages typical of the contract.

The services provided by Musicaneo may be unavailable or only limitedly available at any time, for a limited period, due to maintenance work or for other reasons, without entitling you to make any claims against Musicaneo. However, Musicaneo guarantees a temporal availability of 95% of the scope of services during the period agreed.