- Introduction
These terms and conditions govern your use of the website (www.danielkern.at) and the services provided on or through the Website. By accessing or using the Website or the Services, you agree to be bound by these Terms. If you do not agree with any of these Terms, you must not use the Website or the Services.
- Ownership and Intellectual Property
The Website and the Services, as well as all content, information, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software included on or used in connection with the Website and the Services (collectively, the “Content”) are owned or licensed by us and are protected by Austrian and international copyright, trademark, and other intellectual property laws.
You may use the Website and the Services only for your personal and non-commercial purposes. You may not use any of the Content for any other purpose without our prior written consent. An exception to this are the instrumentals you are downloading with a purchased membership. Those instrumentals may be used non-commercially as well as commercially without limitations, but respecting the copyrights and royalty claims by Daniel Kern.
- Registration
To access certain features of the Website or the Services, you may be required to create an account and provide certain information about yourself as part of the registration process. You are responsible for ensuring that the information you provide is accurate, complete, and up-to-date, and for maintaining the confidentiality of your account information, including your username and password.
- Ordering and Payment
By placing an order through the Website, you agree to pay the price and any applicable taxes and shipping fees. We accept payment by credit card, PayPal, or other payment methods that we may make available from time to time.
- Delivery and Use of Beats
Upon completion of your purchase, we will deliver the beat(s) to you by email or download link. You are granted an unlimited lease license to use the beat(s) for your personal and commercial projects. You may not resell, distribute, or sublicense the beat(s) without our prior written consent.
- Refunds and Returns
All sales are final and non-refundable. However, we may, at our sole discretion, provide a replacement beat(s) or credit for future purchases in the event that the beat(s) are defective or do not meet the specifications advertised on the Website.
- Limitation of Liability
To the maximum extent permitted by law, we will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the Website or the Services, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses.
- Indemnification
You agree to indemnify and hold us and our affiliates, officers, agents, employees, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of any third party.
- Modification of Terms
We may modify these Terms at any time by posting revised Terms on the Website. Your continued use of the Website or the Services after the posting of any modified Terms constitutes your acceptance of the modified Terms.
- Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of Austria. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Austria.
- Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable in any respect, such provision will be eliminated or limited to the minimum extent necessary so that these Terms otherwise remain in full force and effect and enforceable.
- Entire Agreement
These Terms constitute the entire agreement between you and us with respect to your use of the Website and the Services and supersede all prior or contemporaneous agreements or understandings, whether written or oral, regarding such use.
If you have any questions or concerns about these Terms, please contact us at [info@danielkern.at].