Terms And Conditions including Privacy Policy
applicable since 1st of February 2005
| 1. | General Rules |
| 1.1 | How Playbaker Works Playbaker is a businessplatform working as teleservice to trade sound-carriers or the copy rights on works of tonal art (music, spoken word, sounds, noises). If copy rights are traded, the works are transmitted electronically. Registered users can buy and sell - copy rights in the trading categories Auction or Pool and - sond-carriers in the trading category Musicstore under the in the following described conditions. All offers are public and can be accessed by anybody via internet. |
| 1.2 | Responsibility/Liability Of Playbaker, Interruptions And Changes of Platform |
| 1.2.1 | Playbaker as an open businessplatform is hostprovider for offers by its users the categories Auction, Pooland and Musicstore. Playbaker does not put offers in itself, does not adopt any offer of its users and has no copyright or other rights in any of those offered works, unless differently stated by the individual offer. Users do not underlie Playbaker and are not controlled by Playbaker.
But Playbaker reserves the right to frequently check if the users terms and conditions are respected. Playbaker takes no responsibility especially for
- legality and transferability of any rights offered - avaliability of the offered sound-carriers - artistical and technical quality of any work or sound-carrier - availability in certain dataformats - observance of informational responsibilitiys by the offerer - wether or not the agreed upon price is resonable - trustees possibly employed by any of the contractpartys or - false translations of offers into other languages or damages wich may result from argues about the correct meaning or interpretation of terms and conditions translated in other languages. |
| 1.2.2 | Playbaker will immediately remove any offers or works or stop access to them if - Playbaker gains knowledge about illegal actions or informations with illegal content or - facts of liabilitydamages become known which show illegal actions or informations of illegal content - Playbaker reserves the right to remove any content of pornographic-, rasist-, inhuman-, violance glorifying nature, or any other content along those lines. |
| 1.2.3 | The user has to be aware of Playbaker being an electronical tradingplatform and therefore the system has to be serviced from time to time, it can also due to the nature of the world wide web undergo technical problems, it might for those reasons break down or not be accessable for that time. Playbaker will take organisatoric and technical measures which are economically apropriate, to maintain the quality of its service. But non the less holds the particpation in an electronical businessystem certain risks for the user such like the loss of data.
Playbaker will notifiy its registered members as soon as possible of any planed system servicings and its possible effects on trading on its websites. For those reasons interrupted auctions will be extended for the time interrupted as far as possible. Playbaker can only be held responsible for - damages to life, body, or health if those damages result from a intended or negligent neglect of duty by Playbaker or any of Playbakers agents. - for other damages if those result from a intended or gross negligent neglect of duty by Playbaker or any of Playbakers agents. |
| 1.2.4 | Playbaker is under development at the moment. Playbaker is allowed to make adjustments in structure, function, calculation methods, prices or Terms and Conditions. Playbaker will notify its users about any changes as soon as possible. Users who do not agree with any of the changes made have the option to cancel their useragreement without notice. Playbaker can not be held liable for damages if it notified its users in time. |
| 2. | General Regulations of Utilisation |
| 2.1 | General Rules For Anyone To Use Playbaker |
| 2.1.1 | Anyone may access the websites of Playbaker and the offers published within. Anybody has the possibility to listen to the offered works. Works offered on those websites may only be copied and stored as much and as long as technologicaly necessary to play the work once per access. Any further storage, copying, publishing or any other use is illegal, might harm the copyrights of third parties and can have legal consequences. |
| 2.1.2 | Anyone, who offers works/sound-carriers on or accesses works from the Playbaker system and harms purposely or accidentally the rights of third parties by these or other actions, will hold Playbaker harmless against the claims of third parties. |
| 2.2 | Regulations For Registration And Passwordsecurity |
| 2.2.1 | The services of Playbaker may be used by registered users either as an offerer by opening of an offering page or as a acquirer by making bids. |
| 2.2.2 | Applicable for registration are only natural persons who have legal capacity to contract. Minors are not allowed to register. |
| 2.2.3 | Users have to give their full name, postal address and valid e-mail address to register. The user is supposed to add any changes of registration information immediately to the system. Registration is free of charge. There is no title against Playbaker to be registered. |
| 2.2.4 | When registering the user has to choose a username. The user will get a personal password after registration is completed, to use the services of Playbaker. The password can be changed by the user at any time. The user is responsible for the security of his password and is supposed to protect it from illegal access by third partys. If the user fails to protect his personal password and causes any damage through that, he can be held legally liable for it. |
| 2.3 | Regulations For Offerers, Fees |
| 2.3.1 | An offerer is anybody who as a registered user
- loads works of musical art onto the servers of Playbaker in order to offer any of the copyrights of it in the tradingforms Pool or Action or - offers sound-carriers for sale in the tradingform Musicstore. The offerer has no title against Playbaker to offer a certain sound-carrier or the rights for a certain work. |
| 2.3.2 | The offerer is responsible to grant the by completing the contract agreed upon copyrights to the acquirer. |
| 2.3.3 | In the tradingforms Pool and Auction the offerer may only offer works on Playbaker where copyrights are not already granted to any other parties like the german GEMA or similar exploitaion societies. This does not apply for the tradingform Musicstore. |
| 2.3.4 | The offerer may not load a work/sound-carrier onto Playbaker if - he is not legally allowed to publish it, to copy it, or to publish it on the Playbaker tradingsystem - and if he is not legally allowed to grant the copyrights as offered. |
| 2.3.5 | The offerer may not put any works/sound-carriers of illegal content on Playbaker or which infringe the regulations of paragraph 1.2.2 or it completing a licensing or sales contract could hurt the rights of third parties. |
| 2.3.6 | The offerer pays a fee according to the Playbaker pricelist, when a licensing or sales contract over any of the copyrights or sound-carriers is completed. The fee will be collected from the account if the correct bankinformation has been given to the registration system. If not, the offerer will be billed by e-mail. The fee will be due within 10 days from the day the bill has been issued. |
| 2.3.7 | Note To The Offerer If you offer copyrights or sound-carriers commercially or you are selfemployed, you may be an undertaking by german civil law. In that case you may underlie different informational responsibilities. The acquirer may under those circumstances also have different rights regarding cancellation. To obey those rules is up to your own responsibility. Similar laws may exist in other states. |
| 2.4 | Regulations For Acquirers |
| 2.4.1 | Acquirers are registered users, who can place bids on Playbaker, close sales or licensing contracts with offerers. If license contracts are closed the aquirer may download the according works in a digital form. |
| 2.4.2 | Note To The Acquirer For reasons of the binding german copyright law, can the author of the work be entitled to adjust the agreed upon royalties if you should successfully use the work within the framework of the acquired rights. The agreed upon royalties might than in retrospect not seem appropriate anymore. Playbaker has no influence in that nor in the law which is appliccable to the licence contracts and therefore will not take any responsibility on that. |
| 3. | Trading |
| 3.1 | Generalities |
| 3.1.1 | Forms Of Trading Playbaker offers he tradingplatforms "Auction" and "Pool" to trade copyrights and the tradingplatform "Musicstore" to sell sound-carriers. |
| 3.1.2 | If a user acquires the copyrights on a work, he will have the opportunity to download the work in a commercial quality from the Playbakersystem. The commercial quality depends on the quality in which the offerer loaded the data onto the Playbakersystem. Playbaker does not make any changes on that .Playbaker accepts the data format mp3. The datacapacity is limited to 25 megabyte. Playbaker has no other technical or musical requirements for works in commercial quality. |
| 3.2 | Offers |
| 3.2.1 | To offer - the copy rights of a work on Playbaker, the offerer has to loead the work onto the Playbakersystem in commercial quality. The work has to be described technically and in its content. The offerer chooses one or both tradingforms and submits the necessary data for the tradingform. - sound-carriers on Playbaker, the offerer has to describe its content and to submit the necessary data for the tradingform. The offer will be available for business as soon as the offerer launches the offer on the website. |
| 3.2.2 | The Playbaker platform and the offers placed in the system are accessible in different languages. The offerer should lay down wich language shall be applicable and binding to the offer and the contract. The Offerer may also lay down wich national law is applicable to the contract and in wich states the offer shall be valid. Playbaker is not liable for incorrect translations. Playbaker points out that the offerer can lay down own conditions in the description of the work/sound-carrier. |
| 3.2.3 | Playbaker will automaticaly produce two adaptations (offer quality) of the work in commercial quality as listening samples for the users. Workadaptation 1 (for instance for modem users) is shortend to 80 % and a maximum datasize of 500 kilobyte (available in 128 kilobit/ sec. - this equals about 30 seconds of playtime). In workadaptation 2 (for instance for DSL-users), the work is shortend to 60 % of the playtime or a datasize of 3.5 megabyte. |
| 3.3 | The Tradingform "Auction" |
| 3.3.1 | In the tradingform "Auction" it comes to the closing of a contract over the copyrights in result of the in the following described auctionprocedure. The auction starts when the offerer launches the offer for this tradingform and ends when the set time for the auction has elapsed. The beginning price of the auction, the biddingsteps and the timeframe for the auction, will have to be set by the offerer before the beginning of the auction. A bid can only be topped by bidding at least one biddingstep higher. A bid is binding valid in its full amount. The licence contract will go to the bidder with the highest bidding by the end of the auction. Playbaker plans to offer a free of charge biddingagent (this service has not been implemented yet). The use of any other electronical biddinghelp is not permitted just as exerting influence on price building after the start of an auction. |
| 3.3.2 | The auction should usualy only offer exclusive and unlimited copyrights which are explained in the individual offer. |
| 3.4 | Tradingform "Pool" |
| 3.4.1 | This tradingform is about closing contracts about copyrights by accepting an offer with a dynamically built price. The acceptance is binding. |
| 3.4.2 | After a contract is closed offerer places a new offer automatically until the offer is removed from the Pool according to paragraph 3.4.4. |
| 3.4.3 | The first recompense for the copyrights of the work which was loaded onto the poolsystem is the startrecompense. All recompenses for any future licenses will be calculated automatically, after the first licence contract has been completed. The recompense is the work of multiplying the number of completed licensing contracts in the calculatingtimeframe by the recompensefactor, added to the baserecompense. Startrecompense, recompensefactor and baserecompense will be layed down by the offerer and can be changed at any time. The calculatingtimeframe will be layed out in the Playbaker pricelist. Playbaker reserves the right to change or to stagger the individual factors in the calculatingtable. Changes will be announced on the Playbakerwebsite and can occur especially in the developingphase of Playbaker depending on the tradingbehavior. If the offerer does not agree with any of the changes he can remove his offer from the pool according to paragraph 3.4.4. |
| 3.4.4 | The offerer can withdraw an offer from "Pool" at any time and have it removed by Playbaker. Already completed contracts will not be touched by that. |
| 3.4.5 | Usually only limited and non-exclusive copyrights will be offered on "Pool". Those rights are explained in the individual offer. |
| 3.5 | The Tradingform "Auction and Pool" The offerer has the option of offering the copyrights of a work at first as Auction and in case of an unsatisfying outcome automatically in Pool. |
| 3.6 | Tradingform "Musicstore" |
| 3.6.1 | This tradingform is about closing sales contracts about sound-carriers by accepting an offer with a dynamically built price. The acceptance is binding. |
| 3.6.2 | After a sales contract is closed offerer places a new offer automatically until the offer is removed from the Musicstore according to paragraph 3.6.4. |
| 3.6.3 | All recompenses for any future contracts will be calculated automatically. The recompense is the work of multiplying the number of completed sales contracts in the calculatingtimeframe by the recompensefactor, added to the baserecompense. Alternatively the offerer can define a fixed recompense. Recompensefactor, baserecompense or fixed recompense will be layed down by the offerer and can be changed at any time. The calculatingtimeframe will be layed out in the Playbaker pricelist. Playbaker reserves the right to change or to stagger the individual factors in the calculatingtable. Changes will be announced on the Playbakerwebsite and can occur especially in the developingphase of Playbaker depending on the tradingbehavior. If the offerer does not agree with any of the changes he can remove his offer from the pool according to paragraph 3.6.4. |
| 3.6.4 | The offerer can withdraw an offer from "Musicstore" at any time and have it removed by Playbaker. Already completed contracts will not be touched by that. |
| 3.7 | Contract And Contracttransaction |
| 3.7.1 | In the tradingforms "Pool" and "Auction" by completing a contract the offerer obligates himself to grant the offered copyrights of a work to the acquirer by completing a contract.. The offerer is obligated to provide the acquirer with a digital, non-physical copy of the work. Granting the copyrights does not already happen in the contract but is an own legal action. The acquirer will be obligated with this contract to pay the agreed upon royalties to the offerer. The specifics will be provided by the offerer and are laid down in the offer. Playbaker is not one of the parties in the contract. |
| 3.7.2 | In the tradingform "Musicstore" by completing a contract the offerer obligates himself to hand over the offered sound-carrier to the acquirer and to grant him property. Granted copyrights ensue from the offer. When in doubt, all rights of the producer and the owner of the recorded work are reserved and copying, public performance, broadcasting hiring or rental are prohibited. The acquirer will be obligated with this contract to pay the agreed upon price to the offerer. The specifics will be provided by the offerer and are laid down in the offer. Playbaker is not one of the parties in the contract. |
| 3.7.3 | Playbaker will notify the parties automatically upon completion of the contract and the individual information to contact one another. |
| 3.7.4 | If the offer is not able to contact the acquirer within 7 days of the completion of the contract or the acquirer has not paid the agreed upon royalties within the deadline, the offerer is entiteled to terminate the contract. In the tradingform "Auction" he may then and offer the copyrights to the next bidder with the second highest bid, or start the trading all over and put the copyrights back into the system. |
| 3.7.5 | In the tradingorms "Pool" and "Auction" the Playbakerserver will after completion of the contract automatically put a digital commercial copy of the work into the login section of the acquirer, so it can be accessed by the acquirer. The in the contract stated copyrights will have to be provided by the offerer to the acquirer separatelly. The acquirer is responsible to access and save the work by himself. Playbaker can not guarantee the availability of the work in the tradingsystem for an unlimited amount of time. This technical function does not change the responsibility of the offerer to grant a copy of the work to the acquirer. That is especially true, if the Playbakersystem can not be accessed for any technical reason. |
| 3.7.6 | In the tradingorms "Pool" and "Auction" Playbaker enables the offerer at any time but usually right after the payment has been received, to grant the agreed upon copyrights to the acquirer by e-mail. |
| 3.7.7 | The offerer can choose to have the contracttransaction executed for him through a trusteeservice. Trusteeservices are independent and external services which differ from Playbaker. Playbaker is not responsible for those services. |
| 3.8 | Granting Of Copyrights |
| 3.8.1 | By launching the offer the offerer authorizes Playbaker to make the copyrights available and grants the free of charge simple not transferable copyright to Playbaker to - shorten and store the work to get it ready for display on its website - send a digital copy of the work to the user in commercial quality through the internet if he asked for it and in the tradingorms "Pool" and "Auction" to - store the work in commercial quality - give the acquirer access to the work after completion of the contract. |
| 3.8.2 | After launching the offer, the offerer grants everybody who accesses the work in offer quality the right to copy and store the work free of charge and only as long and as often as technically necessary to play the work once at the time per access. |
| 3.8.3 | In the tradingorms "Pool" and "Auction" the offerer and after the copyrighttransaction also the acquirer, grant Playbaker free of charge the simple and not transferable copyright, to store a digital copy of the work after the completion of a licensing contract for the Playbakerarchiv and to use this copy within the parameters of paragraph 7.5. |
| 4. | The End Of The Userspermission, Termination, Exclusion |
| 4.1 | The permission to use Playbaker ends, if the usersrelationship is terminated or the acquirer is excluded from the use. |
| 4.2 | Registered users may terminate their usersrelationship at anytime without reason and notice, by giving a simple notice in writing. |
| 4.3 | Playbaker is entitled to terminate the usersrelationship at anytime without giving a reason with a four week notice through a simpel notice in writing. |
| 4.4 | Playbaker is allowed to exclude users from using its trading platforms temporally or permanently without warning, if the user violates the terms and conditions ,abuses the trading platform, harms other users or the trading platform, or trading gets disturbed or endangered by any other action taken. For instance such actions like false registration information or false work information, not paying royalties or misuse or fraud. In minor violations the user will get a warning before. There are no grounds to claim any compensation towards Playbaker if the exclusion was justified. |
| 4.5 | In case of termination or exclusion Playbaker will stop all access, offers and bids. |
| 5. | Evaluationsystem |
| 5.1 | Trading on Playbaker is based on the trust of its users in the sincerity of all participating parties and the security of the system. Playbaker cannot guarantee that the users have the identity they claim to have. The review of the identity of tradingpartners is duty of the users. |
| 5.2 | To get an idea of the sincerity of the users, Playbaker provides a publich evaluationsystem, in which the users can put a statement regarding their trading partners after contracttransaction. Playbaker does not control these statements and announces, that these opinions may be false. |
| 5.3 | The statments given in the evaluationsystem must be true, objective and relevant with respect to the contracttransaction. Users are not allowed to make a statement regarding themself or to influence others in giving their statement. Playbaker is entitled to delete statemnts that infringe these terms and conditions. Nobody has a title against Playbaker to restore a deleted statment. |
| 6. | Language, applicable law, jurisdiction |
| 6.1 | Definitive for using Playbaker are the terms and conditions in german language. The german wording is leading when in doubt about the meaning of the terms and conditions. |
| 6.2 | Applicable on these terms and conditions and on the usage of Playbakers platform is only the law of Germany. |
| 6.3 | As far as agreeable, the place of ligitation is Meraane, Germany. |
Regulations regarding data protection - Privacy Policy
| 7. | Dataprotection And Datastorage |
| 7.1 | Datacollection, Datastorage, Purposes Personal data will be collected through registration with the purpose to identify the user, to secure business on the tradingplatforms, to enable Playbaker to collect fees and to identify violations of copyrights or any abuse of the tradingplatforms. Registrationsdata will be stored for that reason by Playbaker as long as the user is registered with Playbaker. After that the data will be blocked. In addition to that data will be stored as stated in paragraph 7.5., if you did any business as an offerer or acquirer. Data will only be collected and used as far as permitted by law and as far as necessary to do business. |
| 7.2 | Datatransfer by request The user can communicate with the offerer through an e-mail form. The e-mail address of the offerer will in this case not be visible to the user. But the offerer is able to see the e-mail address of the sender. It is up to the offerer to answer directly or by editing the offer. |
| 7.3 | Datatransfer After Completion Of The Contract Playbaker will automatically transfer names and addresses of both of the parties after completion of the contract for the contracttransaction by e-mail. |
| 7.4 | Using of data that has been made anonymous Playbaker is allowed to use data of users anonymously for marketing purposes. It might be that Playbaker does general statistics about businessactivities and development on tradingplatforms to adjust or improve the system accordingly. Playbaker is only allowed to do statistics in such a way, that no personal data can be identified and no conclusion towards any identity of a person can be made. |
| 7.5 | Businessdata Playbaker is allowed to, but not required to store businessdata for a duration of 10 years after completion of a licence contract for evidence. Businessdata is all data which is related to contract completion and transaction. Those are registration information of the offerer and the acquirer, the information about the businesstransaction (auction- and poolconditions, time of contractcompletion, time of download of the work.), and a copy of the work. Playbaker will release this in formation only to - to a person involved in court or lawsuit related to the work - if required by a judge with regard to the work. - or to any of the contract parties if there is reason to believe that a party has become a victim of fraud or misuse. Playbaker is not allowed to give away or store data in any other way. |
| 7.6 | Please read the preceding regulations for datasecurity carefully. If you agree with those terms , than confirm by clicking on the appropriate field. You can revoke your consent to Playbaker at any time in writing. Revoking the consent equals instant termination of the entire userrelationship. This datasecurity regulations can be accessed and read here at any time. |