Terms of use

Unless otherwise agreed in individual contracts , all orders are subject to the current version of the General Terms and Conditions of Guided Meditation Music

1. Scope of applicability

(1) These General Terms and Conditions (hereinafter: "GTC") apply to all legal transactions between Raphael Kempermann acting under Guided Meditation Music ("GMM") and you as a User ("User") concerning the provision and use of digital contents via the platform https://guided-meditation-music.com.

(2) As a precaution the inclusion of conflicting GTC of the User is expressly objected to. The contractual language is German.

(3) We reserve the right to change these GTC at any time.

2. Scope of Service, Registration, Contract conclusion

(1) On the platform, the User can listen to individual pieces of music (hereinafter "Tracks") and download audio samples. After a free registration, the User can acquire different usage licenses (Standard, Advanced, Free - see section 5. License terms) through their User Account to download the respective Tracks.

(2) In order to purchase usage licenses for the tracks offered by GMM on the platform and to be able to download these Tracks, the User must register by creating a User Account (see Section 3 User Account). Then the registered User can purchase usage licenses via the integrated online order form. To do this, the User places the selected Tracks in the virtual shopping cart. There, all contents, their prices including VAT and the total costs are displayed. The User can view the contents of his shopping cart at any time by clicking on the shopping cart icon at the top right of the website. In the shopping cart, content can be adjusted, added or deleted and a preferred payment method can be selected. After clicking the "Complete Order" button, the User will be prompted to verify his identity by logging into his User Account or to create such a User Account. After successful verification, the User concludes a legally binding contract with GMM for the contents contained in the shopping cart by clicking on the button "FEE-BASED ORDER".

(3) If the User has declared his consent at the time of the conclusion of the contract that GMM will start the performance of the contract before the expiry of the withdrawal period and has confirmed his knowledge that his right of withdrawal will expire upon the start of the fulfillment of the contract as a result of this consent, the Tracks will be displayed in the User's Account immediately upon receipt of the acceptance of the contract and can be downloaded to end devices at any time. As a result, the User's 14-day right of withdrawal expires. If the User does not give his consent, the Tracks will only be displayed in the User Account after the expiry of the revocation period and will only then be available for download.

(4) The text of the contract will be stored by GMM and transmitted to the User in text form (usually by e-mail) after receiving the acceptance of the contract. In addition, the order data is stored in the User Account and can be accessed free of charge by providing the corresponding login data.

(5) The contract fulfillment and communication usually takes place via e-mail and through the User Account. The User has to ensure that the e-mail address provided for the fulfillment of the contract can be reached and that the e-mails sent by GMM can be received. In particular, when using SPAM filters, the User must ensure that all e-mails sent by GMM can be delivered.

3. User Account

(1) Every User can create his own User Account on the platform. With this account he can use the services of GMM (e.g. purchase licenses and download purchased tracks) and manage his user profile. A User Account is a prerequisite for purchasing licenses and downloading Tracks.

(2) In order to create a User Account, the User must complete the registration form (provide e-mail address and password) and accept these GTC. After submitting the registration form, the User will receive an e-mail from GMM to the e-mail address provided and will be asked to confirm his registration by clicking on a link. If the User does not confirm his registration by clicking on the link within 24 hours, the registration will expire and a new registration will be required. The User Account will only be activated after confirmation/authentication.

(3) The User can delete his account via his user profile at any time. By doing so, he loses access to his purchased content. After deleting the account, the User can still request a download link to his purchased content, e.g. by e-mail.

(4) The transfer of an account to a third party is prohibited. The access data must be treated confidentially by the User, kept protected from access by third parties and may not be passed on to third parties. If there is reason to suspect that unauthorized persons have gained knowledge of the access data, the User must change the password immediately.

4. Terms of payment

(1) If the customer/User chooses the payment method "credit card" the card will be charged immediately after submitting the order. In the ordering process, the customer/User must provide his credit card details. In the event of a rejection of the credit card transaction, the customer/User agrees to pay the price plus any costs that have arisen within 10 days of receiving the product. These costs include in particular the costs arising due to the rejection of the credit card charge.

(2) If the customer/User chooses the payment method "PayPal", the payment is processed immediately after placing the order via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, available at www.paypal.com. During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction. You will receive further instructions in the ordering process.

5. License terms

(1) General conditions for all types of licenses

By purchasing a License, GMM grants the User the limited, non-exclusive, non-transferable, worldwide right to use the licensed Track in accordance with these GTC’s, considering the respective license type (Free, Standard or Advanced).

All Licenses include the non-exclusive right to publicly play the Track in and in connection with e.g. online conferences and live performances, group and individual therapies, yoga classes or spa treatments.

The Licenses are granted to only one person or to one legal entity, the User, and are not subject for passing on or sharing with third parties.

(2) Standard License

A "Standard License" entitles the User to the non-exclusive right to use the Track for one production (e.g. guided meditations, yoga videos, etc.) and to reproduce, distribute, or make it publicly available in the following ways:

- Websites
- Social media platforms
- Video sharing platforms
- Podcast distribution platforms
- CD or DVD

(3) Advanced License

The "Advanced License" entitles the User to the non-exclusive right to use the Track for any number of productions within the scope mentioned above under 5.(2).

(4) Free License

The "Free License" entitles the use of "Free Tracks" within the scope described under 5.(3), on condition of proper copyright notice attached right to the product.

The copyright notice has to be given as follows:
Music: "TRACKNAME" from www.guided-meditation-music.com

Failure to provide an appropriate copyright notice shall constitute use without a license.

(5) Use in productions

The User is entitled to sell the productions made with the licensed track on apps or online portals, to stream them and create online videos (e.g. for YouTube, Vimeo, Facebook, Instagram, etc.). In addition, the User is entitled to produce physical copies (e.g. CDs or DVDs) of the productions made with the licensed track. The property in the Track included in such production remains with GMM.

The User may not claim property rights to the production (or provide them in any other way) through content recognition and/or registration systems (such as YouTube's Content ID).

(6) Audio samples

The Audio samples accessible on the GMM website are not part of the license and may only be used for the purpose of internal review and evaluation. Audio samples may not be used for any other purpose, in particular not for commercial use, e.g. in advertising, digital media.

6. Usage restrictions

(1) The User is not entitled to sell, distribute or sublicense the Tracks without spoken word ("stand alone") as his own music, especially not via stock music providers.

(2) The User is not entitled to publish the Tracks without spoken word ("stand alone") via streaming and sales platforms (exception: as background music for videos for Youtube, Facebook, Instagram and similar video streaming services).

(3) The User is not entitled to use the Tracks without spoken word ("stand alone") as background music for an app or other software.

(4) The User is not entitled to use the Tracks for film, TV and advertising.

(5) In particular, the User is not entitled to register the Tracks or an own production containing a Track with a fingerprint service (such as YouTube Content Id or Facebook Rights Manager).

7. Property

(1) GMM is and remains the owner of all rights of use to the Tracks. The (sub-) licenses granted are non-exclusive.

(2) GMM reserves the right to sell Track licenses to third parties at its sole discretion.

8. Availability

(1) GMM undertakes every possible effort to ensure that the platform is permanently accessible and that the Tracks contained in the online archive are available to the User at all times. However, no guarantee is given.

(2) GMM reserves the right to adjust the licensing of certain Tracks at its own discretion. Already purchased licenses remain valid.

(3) In the event that GMM is notified or otherwise has concluded that a Track may infringe the rights of a third party and GMM may be held liable, GMM may make a compulsory request to the User to immediately cease use of the Track, delete or remove the Track from the computer systems and storage/retention (electronic or physical) used. In such case, GMM shall provide the User with a comparable Track free of charge (with the comparability being determined by GMM in proper commercial judgment). The respective Tracks are subject to the GTC’s at hand.

9. User obligations

(1) The User is responsible for ensuring that his device is capable of playing the Tracks in the formats provided. The Tracks are provided in MP3 format.

(Last Update: September 2022)

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