Download Station

Contractual Parties:

Contractual parties to this Terms of Service Agreement ("Agreement") are Reinhard Oster, Fasanenallee 11, 63920 Grossheubach, Germany , and you ("the Consumer").

Subject of this Agreement:

Use of the content and services of the  website at http://www.  ("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 reserves the right to discontinue your access to the Service or refuse to sell any Downloads or other Content to you for any reason.

§ 3. Offers, Qualities and Rights of Use for Downloads 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 website is the property of or is licensed to, and is protected by applicable trademark, trade dress, copyright, and other intellectual property rights laws.Without the prior written consent of , 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 services.

§ 4. Purchase of Downloads

Each Download shall constitute an individual sale and shall be subject to the terms and conditions of this Agreement.  accepts 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. 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  website or in this Agreement, upon receipt of payment  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 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 services, or the inability to use the Service, any Downloads or other services, or any failure by to provide access to the Service, any Downloads or other 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'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's services. If, notwithstanding the foregoing and for any reason is found to be liable to you for any matter in connection with this Agreement,'s liability shall be limited to any amounts actually paid to  by you.

By using the Service you hereby agree to and do indemnify and hold harmless  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  on demand for any losses, costs or expenses incurred as a result thereof.  does 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  may remove the Service for indefinite periods of time, or cancel the Service at any time, with or without notice to you.  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  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.  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  and/or its licensors.

§ 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

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