atomic-bomb.biz Download Station
Contractual parties to this Terms of Service Agreement
("Agreement") are Reinhard Oster, Fasanenallee 11, 63920 Grossheubach,
Germany , atomic-bomb.biz and you ("the Consumer").
Subject of this Agreement:
Use of the content and services of the website at http://www. atomic-bomb.biz ("the Service") by you.
§ 1 Scope
This Agreement shall apply to the Consumer's use of the Service
including but not limited to use of any and
videos, trademarks, logos, (collectively "Content") on the
Service and the downloading and purchasing of digital files containing any
Content on the Service ("Downloads").
Atomic bomb.biz reserves the right to discontinue your access to
the Service or refuse to sell any Downloads or other Content to you for any
§ 3. Offers, Qualities and Rights of Use for
atomic-bomb.biz shall make downloads available for purchase via
the service. The necessary system requirements for use of the service and for
purchase of downloads are posted on the website.
You should carefully review the system requirements before you attempt to use
the Service or purchase Downloads.
Upon purchase, Downloads will
be saved on your computer's hard disc.
All Content, including but not limited to the layout, election,
organization, and coordination of such Content on the atomic-bomb.biz website is
the property of or is licensed to atomic-bomb.biz, and is protected by applicable
trademark, trade dress, copyright, and other intellectual property rights
laws.Without the prior written consent of atomic-bomb.biz , and except as
expressly provided in this Agreement, no Content may be transmitted/translated,
publicly displayed, uploaded, published, recorded, retransmitted, rented, sold,
distributed, digitized, marketed, reproduced, altered to make new works,
performed, or compiled in any way to any other computer, website, or other
medium for any commercial purpose.
All Downloads are protected by national as well as international
laws and agreements. Violation of these laws or agreements can lead to civil
and/or criminal prosecution. Downloads are intended for personal uses. Any
modification or duplication of Downloads beyond the limits specified under
applicable laws is strictly prohibited. Any uploading or distribution of
Downloads is strictly prohibited, whether for commercial or non-commercial
purposes, including but not limited to any uploading to distribution via e-mail,
FTP, Peer-2-Peer networks, online file-sharing communities or other similar
§ 4. Purchase of Downloads
Each Download shall constitute an individual sale and shall be
subject to the terms and conditions of this Agreement.
payment via PayPal® which offers a safe and easy means of purchasing downloads.
All issues pertaining to payment via PayPal® are addressed directly between
PayPal® and the consumer.
Atomic-bomb.biz also accepts payment via major credit cards and
the terms and conditions of your agreement with the relevant credit card company
will apply to all credit card transactions.
Prices and availability of Downloads offered through the Service
are subject to change at any time.
Notwithstanding the use of the terms "sell," "purchase,"
"order," or "buy" on the
Atomic-bomb.biz website or in this Agreement, upon receipt of payment
Atomic-bomb.biz shall grant to you
a limited, non-transferable, personal, conditional license to your personal use
of each Download subject to the terms and conditions of this Agreement.
You hereby expressly agree that all rights (including
intellectual property rights) in and to the Service, Downloads and all elements
of the Content shall remain the property of the respective rights owners.
Nothing contained in this Agreement shall be construed as
conferring any intellectual property rights upon the Consumer, including but not
limited to ownership of the copyrights, trademarks and trade dress rights or any
patent rights in the Service, Downloads or any element of the Content and
specifically the copyrights in the artist names, photographs and cover artwork.
§ 5. Disclaimer
You hereby expressly agree that you shall use the Service and
services at your own risk. In any event, neither atomic-bomb.biz nor its
officers, employees, contractors, shareholders, agents, representatives,
licensors, affiliates, parents or subsidiaries shall be liable for any
consequential, incidental, direct, indirect, punitive, special or other damages
whatsoever, including without limitation any business interruption, loss of
profits, loss of information or any other business related damages, with respect
to any matter or claim arising as a result of or in connection with this
Agreement, or the use of the Service, any Downloads or other atomic-bomb.biz
services, or the inability to use the Service, any Downloads or other
atomic-bomb.biz services, or any failure by atomic-bomb.biz to provide access to
the Service, any Downloads or other atomic-bomb.biz services at any time, or
otherwise arising out of or in connection with the use of the Service. You
hereby acknowledge and confirm that you are on notice of atomic-bomb.biz's
disclaimer of warranties and limitation of liability as set forth in this
Agreement and you expressly agree to these disclaimers and limitations as a
condition of using any of atomic-bomb.biz's services. If, notwithstanding the
foregoing and for any reason atomic-bomb.biz is found to be liable to you for
any matter in connection with this Agreement, atomic-bomb.biz's liability shall
be limited to any amounts actually paid to atomic-bomb.biz
By using the Service you hereby agree to and do indemnify and
hold harmless atomic-bomb.biz and
its officers, employees, contractors, shareholders, agents, representatives,
licensors, affiliates, parent companies and subsidiaries from and against any
and all claims, losses, demands, causes of action and judgments (including
attorneys' fees and court costs) arising out of or in connection with any breach
of this Agreement by you or any use of the Service or any Downloads by you which
is inconsistent with the terms and conditions of this Agreement and you hereby
agree to reimburse atomic-bomb.biz on
demand for any losses, costs or expenses incurred as a result thereof.
not guarantee, represent, or warrant that your use of the Service will be
uninterrupted or error-free, and you agree that from time to time
atomic-bomb.biz may remove the
Service for indefinite periods of time, or cancel the Service at any time, with
or without notice to you. atomic-bomb.biz makes
no warranty that any particular CD burner or portable device will be compatible
with the Service or any Content offered on the Service. Under no circumstance
shall any atomic-bomb.biz entity be
liable for any unauthorized use of the Service or its Content.
The terms and conditions of this Agreement may be adjusted from
time to time without further notice to you, and as a condition of using the
Service, you hereby expressly waive your right to such notice. Atomic-bomb.biz
alone reserves the right to change, add, or remove portions of this
Agreement. It is your responsibility to review this Agreement for any changes
prior to each use of the Service, and your continued use of the Service will
indicate your acceptance of any changes to this Agreement.
All rights not expressly granted to you in this Agreement are
reserved to atomic-bomb.biz and/or
§ 6. Refunds
Downloads purchased from the Service cannot be refunded since we
cannot ascertain whether or not downloads have been used or stored.
§ 7. Other Conditions
You hereby agree that this Agreement has been entered into in
Miltenberg , Germany and that all disputes arising out of this Agreement shall
be governed by German law.
Revised: March 2006
© 2006 atomic-bomb.biz