TERMS OF USE

Music Networx AG is the operator of an online portal at www.concert-online.com and other domains (Concert Online).

The following Conditions of Use govern access to Concert Online, the registration of customers with Concert Online and the use of Concert Online services provided by Music Networx AG by registered and unregistered customers. The online store integrated into the portal is not operated by Music Networx AG, but instead by an independent partner company (Online Store Operator).

1.1.	Contracts for the purchase of digital or physical products are entered into exclusively between the customer and the respective current Online Store Operator in each case. The current Online Store Operator is cleverbridge AG, Aachener Str. 209, 50931 Cologne, Germany, www.cleverbridge.com, info@cleverbridge.com
1.2.	Other contracts executed via the www.concertonline.de online portal are entered into between Music Networx AG and the customer.
1.3.	The current authorized representatives of Music Networx AG are listed in the Site Credits on the www.concert-online.com Web site.
1.4.	All important contact information relating to Concert Online is available at www.concert-online.com/en/privacy-policy.html.

2.1.	Concert Online can generally be used by customers without registering.
2.2.	Customers have the option of registering with Concert Online so that they can use additional services offered by the portal.
2.3.	Concert Online registration is simultaneously valid as registration for the online store integrated into Concert Online operated by the Online Store Operator.
2.4.	Registration at www.concert-online.com is free.
2.5.	In addition to entering personal information, registration requires that customers select a user name and password.
2.6.	Music Networx AG reserves the right to deny registration to individuals for good cause.
2.7.	After submitting the registration form at www.concert-online.com, customers will receive an e-mail from Music Networx AG in which they are requested to confirm their registration. If the customer confirms the registration, the process is completed with a welcome e-mail from Music Networx AG.

3.1.	Customers irrevocably acknowledge the applicability of these Conditions of Use by using the Concert Online portal and the services provided there and no later than confirming their registration. Any contrary or deviating terms and conditions of the customer are excluded.
3.2.	The present Conditions of Use as amended at the time the contract is entered into will apply exclusively to all relationships between Music Networx AG and the customer relating to Concert Online, i.e., for registration and for Concert Online services.

4.1.	When registration is completed, the customer will receive a personal Concert Online account for an unlimited period.
4.2.	This account entitles the customer to use and manage the products and services offered by Concert Online.
4.3.	The Concert Online account also enables the customer to conveniently shop in the online store integrated into Concert Online operated by the Online Store Operator without registering again.
4.4.	A customer may request to have his/her account cancelled at any time by sending an e-mail with the necessary information to: support@concertonline.de. The account will then be cancelled immediately.
4.5.	The Concert Online account can be terminated by Music Networx AG at any time with notice of two (2) weeks in writing or by e-mail.
4.6.	Both parties are entitled to the right to terminate the Concert Online account without notice for good cause. Music Networx AG can terminate the account in writing or by e-mail.
4.7.	Concert Online accounts cannot be transferred to third parties.

5.1.

Music Networx AG uses Microsoft's Digital Rights Management (DRM) for certain products on Concert Online. To use these products, customers must have a computer running a Windows operating system (Windows 2000, Windows XP or Windows Vista) and access to www.concert-online.com. DRM-protected products are identified as such. Windows Media Player is required to play musical recordings and music videos.

5.2.

Customers are responsible for fulfilling the necessary technical requirements for accessing Concert Online via the Internet and using the services offered by the portal at their own expense. Customers must bear the costs of Internet access; these are not included in Concert Online's services. If the technical standards applicable to the Internet or Concert Online change, customers must adapt to these changes at their own expense.

6.1.	Concert Online's services are offered free to customers with the exception of the purchase of physical or digital products.
6.2.	The prices listed for products are the end prices to be paid by customers who buy these products through the online store operated by the Online Store Operator that is integrated into the portal. Details regarding VAT, etc. are provided in the order process and the Online Store Operator's General Terms and Conditions of Business.
6.3.	Customers will receive the products they purchase and their invoices along with all relevant information from the Online Store Operator.

The customer is entitled to a set-off right in respect of Music Networx AG only if the customer's counterclaims have been established as legally binding or are not contested by Music Networx AG. Furthermore, the customer is only entitled to exercise a right of retention insofar as his or her counterclaim is based on the same contractual relationship.

8.1.	The customer is responsible for the correctness and completeness of the data he or she enters. If circumstances occur during the term of the contract that cause this data to no longer be accurate, the customer must correct his or her customer profile without delay. If this is not possible, the customer must notify Music Networx AG of this in writing or by e-mail sent to one of the addresses www.concert-online.com/en/privacy-policy.html.
8.2.	Customers are not permitted to pass on their passwords to third parties and must keep their passwords protected from access by third parties. If there is reason to suspect that unauthorized persons have become aware of the password, the customer must change his or her password without delay at www.concert-online.com. Passwords may only be stored in digital media in encrypted form.
8.3.	Customers must be of full legal capacity and in particular must be of age. If a customer who is of age facilitates a download by a minor using his or her password, then the customer, not the minor, will be the contractual partner for that transaction. Customers must ensure that any use of Concert Online services by minors occurs only with their express permission.

9.1.	In the event of breaches by the customer of his or her duties, Music Networx AG is entitled to suspend the Concert Online account or access to individual Concert Online services. Music Networx AG will inform the customer of the suspension in such cases. Music Networx AG is entitled to suspend the account or access to individual services until the breach of duty has been corrected and/or the customer has provided credible written assurance that he or she will refrain from breaches of duty in the future. Music Networx AG is entitled to suspend these services even if only reasonable suspicion exists of a breach of duty. The suspension will remain in effect in such a case until the suspicion is eliminated.
9.2.	Further rights to damages by Music Networx AG remain unaffected by the preceding paragraph.
9.3.	Music Networx AG is not liable for losses resulting from a breach of duty for which the customer is responsible that could have been prevented if the customer had complied with the duty.
9.4.	In the event of a violation of third-party rights for which the customer is responsible, the customer himself or herself is liable to the third party directly. In cases of valid claims by third parties based on such a violation, the customer agrees to release Music Networx AG from liability provided that the customer does not provide evidence that he/she is not responsible for the violation resulting in the loss.

The provision of performance data or other descriptions of Concert Online services, even if these refer to DIN and/or other standards, does not constitute a guarantee of quality for Concert Online services by Music Networx AG.

11.1.	In the event of intent or gross negligence or absence of a guaranteed characteristic, Music Networx AG is subject to unlimited liability for all resulting losses.
11.2.	In the event of slight negligence, Music Networx AG is subject to unlimited liability in cases of damage to life, limb or health. If Music Networx AG experiences delays in providing its services due to slight negligence, if providing its services has become impossible or if Music Networx AG has breached a material duty, Music Networx AG is liable for the resulting material or financial losses that could reasonably have been expected to occur when the contract was agreed.
11.3.	If Music Networx AG experiences delays in providing its services, Music Networx AG is also subject to unlimited liability for this service in accidental cases, unless the loss would have also occurred if the service had been provided on time.
11.4.	Liability for all other losses is excluded. Liability in accordance with the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

12.1.	All data collected from customers by Music Networx AG is treated as strictly confidential. Personal information is collected, stored and processed solely for purposes of performance and execution of the contract. Separate consent is obtained for processing that exceeds these parameters.
12.2.	Customer data can be transferred to companies commissioned for contract data processing for purposes of contract performance and execution, for the hotline and for technical support for the Concert Online services used by the customer.
12.3.	Additional information on data protection is available at www.concert-online.com/en/faq.html.

If Music Networx AG intends to make changes to these Conditions of Use, customers will be informed of the suggested changes by writing or by e-mail. The changes will be deemed approved if the customer does not object to them in writing. Music Networx AG will make specific reference to this consequence in the notice letter. The objection must be received within six (6) weeks after receipt of the notice. If the customer exercises his or her right of objection, the suggested change by Music Networx AG is considered to be rejected. The contract will then remain in force without the suggested changes. The right of the contractual partners to terminate the contract remains unaffected by this provision.

14.1.	This contract is governed by the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods and conflict of laws rules are not applicable.
14.2.	The place of jurisdiction is Cologne, Germany.
14.3.	If individual clauses of these Conditions of Use are or become invalid or null and void, this does not affect the validity of the remaining contract provisions.

Version: April 2, 2008