Terms of Use for LOCOSONIC Content

1. INTRODUCTION

Locosonic is a service that enables a new level of awareness of his environment for smart device users throughout the world. About the innovative online platform geopositionierte Locosonic soundscapes (called Soundscapes) can be generated and can be experienced via mobile devices (smartphone, SmartWatch, tablet) via Locosonic Mobile App Player. It sounds, music and audio information is reproduced depending on the position of the user by means Locosonic Mobile App Player in the highest quality. The User has Locosonic due to its unique augmented reality technology a new dimension of perception and allows an active immersion into another world. Locosonic offers both acoustic “guided tours” for the ultimate new discover and experience of towns and attractions, as well as innovative ways of artistic sonification of cities and other places.

2. Scope of the GTCs

2.1 Loco Sonic offers the download of audio and sound files over the Internet. By downloading such a file, the user expressly accepts these terms and conditions and any other agreements to which, where appropriate, referred to therein.
2.2 The download or use of such a file is not possible without explicit consent to these Terms and Conditions.
2.3 These terms and conditions apply to all access points, including (sub) domains or mobile applications, irrespective of the source of the file (s) will be based / were.
2.4 These Terms apply for consideration related files surfer as well as free of charge related.
2.5 These terms and conditions, in the current version of May 2015 are valid until revoked.
2.6 Only the German version of these Conditions shall be binding.

3. ELECTRONIC CONTRACT

3.1 The use of Locosonic Products (Mobile Player app, Online Editor, …) or site provides you the opportunity to conclude electronically contracts and / or to make purchases. You know that your electronic submissions your consent and your intention justify, to be bound by the treaties legally and to pay for purchases in accordance with the Treaties. Your consent and your intention to be legally bound by electronic submissions, apply to all records relating to all purchases that you tätigst on this page, application, including Cancellation ads, policies, contracts and applications. To get access to your electronic records and to retrieve them, may require a specific hardware and software. However, this is your responsibility.
3.2 Locosonic is not responsible for input or transmission errors.

4. PAYMENT and CANCELLATION

4.1 You are obliged to pay for fee-based products. You are responsible for the timely payment of all fees and for providing a valid means of payment for payment purposes. You agree to receive any invoices either in an electronic format, including e-mail, or by mail.
4.2 The total price includes the price of the product and valid on the date of downloads VAT.
4.3 Locosonic has no price guarantee and makes no purchase price refund in the event of a price reduction or a special offer available for a shopping.
4.4 Withdrawal: If you want to make your order reversed, you can send this within 14 days (i) from the date the contract is concluded, or (ii) from the date of receipt of goods to withdraw the consumer in contracts for the supply of goods.
The revocation must be sent to:
   Locosonic GmbH
   Schwindgasse 7/6, 1040 Vienna
  Fax: +43 408 35 44 30
  Email: widerruf@lococonic.com
4.5 In order to comply the withdrawal period You have to send time before the 14-day notification on the cancellation of the order.
4.6 Exception to the right of withdrawal: The right of revocation does not comply with certain product groups and services, including digital content or software that are not supplied on a tangible medium (eg on a CD or DVD.), Provided that the download or use (depending on which is the earlier) has begun. Furthermore, the right does not apply if the purpose of delivery of files, a sealed volume is delivered, and this has been unsealed.
4.7 Consequences of revocation: In the case of an effective cancellation the mutually received benefits are to be returned, and, where appropriate, to issue profits drawn. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for the User with the dispatch of the cancellation notice, for Locosonic with their receipt. For the repayment, we use the same method of payment which you have used in the transaction and will calculate this you no charges.

5. Usage Rules

5.1 Regardless of whether Loco Sonic products with a fuse technology (copy protection) are limited or not, are you obliged to use Locosonic products only in accordance with applicable, of Locosonic (and its licensors, if) established rules of use. Any other use of Locosonic products may constitute an infringement of copyright. Any security technology is an inseparable part of Locosonic products. Locosonic reserves the right at any time to modify the Usage Rules for future purchases of the service. However, these changes do not apply to products Locosonic who you already bought. Any change to the Usage Rules will be communicated to you. If you do not agree with the new Usage Rules, you will no further Locosonic can offer products from the service in the future.
5.2 You are entitled to use Locosonic Products only for personal, non-commercial use. Locosonic is the license holder of the files made available. By downloading the file you earn no license and no right to disseminate the same.
5.3 You are obliged to file and possibly the safety systems and elements thereof do not hurt to circumvent, reverse engineer, decompile, disassemble or make otherwise unauthorized changes to it – or to try this or to help others. In particular, You must without the express written consent of Locosonic no data mining, use any robot or similar data collection and extraction programs to extract any substantial parts of Locosonic Services for reuse (whether one or more occasions). You may also without the express written consent of Locosonic manufacture and / or publish, the essential parts of a Locosonic Services (z. B. Prices and product information) does not include its own database. The Copying, or covers of audio files is strictly prohibited.
5.4 Any kind of dissemination of data downloaded, they had been referred for consideration or not, is expressly forbidden. Even a changed file (imitated gecovert,) may not be distributed. Should it happen nonetheless, the user is obliged Locosonic to pay for damages caused, as well as lost profits.
5.5 The use of rules can be checked and monitored by Locosonic to ensure their compliance. Locosonic reserves the right to enforce the Usage Rules without notice. Any infringement constitutes a theft of intellectual property, and may result in both a strafrechtliche-, as well as a private prosecution (for damages) by itself.
5.6 Your right to use a Locosonic software expires automatically without any such termination is required if these Terms and Conditions, do not comply with the terms, conditions or other Terms of Service.
5.7 To the Locosonic software to keep up to date, we can offer at any time without prior notice automatic or manual updates.
5.8 Notwithstanding any other provisions in this agreement retain Locosonic and the publisher the right to refuse the products, content or materials that are offered on Locosonic to change without notification, temporarily interrupting to remove and disable the access to this service. In no event Locosonic liable for these changes. Locosonic can also restrictions on the use of and access to certain features or portions of the Service Locosonic impose, without reason and without notice or liability. The removal of content from the Locosonic Services will not affect Products that you have already purchased from Locosonic.

6. MATERIALS BY THIRD PARTIES

Certain content that are available may include materials from third parties. Locosonic is not responsible for investigating or evaluating the content or accuracy; Locosonic does not guarantee and is not liable is not responsible for the materials or third-party websites or for any other materials, products or services from third parties. You may not use third-party materials in a manner that violates the rights of other third parties or from Locosonic. Locosonic she is also not responsible for such unlawful use by you, and you are obliged to indemnify and hold harmless Locosonic.

7. WARRANTY AND LIABILITY

7.1 You take expressly acknowledges that data may be inaccurate and Locosonic assumes no responsibility for the accuracy of data.
7.2 Locosonic does not guarantee that the data via other systems, in particular the Internet or telecommunications services, by third parties tracked, recorded, or is corrupted. Also accepts Locosonic no liability for transport within the lost data.
7.3 The use of data from Locosonic is entirely at the user’s own risk. This is fully applicable to the use of this for use upcoming hardware, downloading own and other contents by the user and any recovery by the users created by Locosonic or provided data.
7.4 Locosonic liable under the existing legal conditions, regardless of the legal reason (precontractual, non-contractual) was only caused when damage by Locosonic gross negligence or willful misconduct. In cases of slight negligence Locosonic not liable to the company and to consumers only in terms of loss of life, body, and health.
7.5 Liability of Locosonic to companies for consequential damages, mere pecuniary losses, lost profits or damages resulting from claims of third parties is excluded.
7.6 Except for the cases prescribed by law Locosonic not liable for damages that may arise from the use of, accessible through the online and mobile offering made content or other types of use of the online offer. This also applies to damages resulting from errors, problems, viruses or loss of data.
7.7 Locosonic assumes no liability for the downloaded material or the material which the user has received as a result of utilization of the service on the Locosonic platform. The user alone shall be liable for any damage to it could cause his computer science system, or for the loss of data due to the downloading of any connection with the performance in stagnant material from Locosonic.
7.8 If the liability of Locosonic is excluded or limited, this also applies to the personal liability of employees, representatives and agents.
7.9 The user assumes all liability for any claim, lawsuit judicial, extrajudicial or any other type that conflicts with other users springs, or associated in any way connected. The User shall LOCOSONIC from all claims, collect by third parties against LOCOSONIC due to a violation of their rights by the user-set within the LOCOSONIC network content or by its other use, the available over the LOCOSONIC network applications. The user takes over the cost of legal defense of LOCOSONIC, including all court costs and attorney fees at the statutory rate. This does not apply if the infringement is due to no fault of the user. The user acknowledges and accepts that Locosonic is responsible for the acts or omissions of another user under any circumstances and in any way, not even for a formed from the said acts or omissions damage.

7.10 The User is obliged in the event of a claim promptly, truthfully and completely communicate all his access to information LOCOSONIC by third parties who are necessary for an examination of the claims and a defense. In addition, claims for damages by LOCOSONIC against the user shall not be affected.

10. Amendments to the GTC

10.1 LOCOSONIC reserves the right to adjust these terms and conditions. The terms and conditions are available at the respective valid version on www.LOCOSONIC.com.

10.2 Changes to these Terms and Conditions require the consent of the user. Unless LOCOSONIC want to make a change to the Terms and Conditions, LOCOSONIC will notify the user as soon as possible thereof. Such notification is made on any device by means of which the user accepts the benefits of LOCOSONIC to complete. LOCOSONIC will call the user to accept the new terms and conditions by ticking the relevant box “yes”, or “I accept”, or similar agreement possibility. Any amendment to the Terms and Conditions will enter into force within thirty days from the publication.

10.3 If the user agrees not to the amended terms and conditions, so it can not continue to use the LOCOSONIC offer.

10.4 Uses the user’s product and service offering of LOCOSONIC platform, after a change of the Terms and Conditions or after notification of the change was made, or after the expiration of thirty days, further, this is taken as consent to the amended Terms and Conditions.

10.5 Changes or additions to these Terms and Conditions under Section change in the Terms and Conditions must be in writing. Verbal collateral agreements do not exist.

11. No waiver

If you violate these Terms and Conditions and we take here for anything, we remain entitled to assert our rights at any other time, use.

12. OTHER PROVISIONS

12.1 If any provision of these terms and conditions are or become invalid, the remaining terms and conditions remain unaffected.

12.2 These Terms and Conditions and the entire legal relations and disputes between users and LOCOSONIC subject exclusively to Austrian law excluding the referral rules and the CISG.

12.3 The place of fulfillment and exclusive jurisdiction for all disputes is Vienna, Austria.

LOCOSONIC GmbH