Terms of Use

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND A-Number-Of-Small-Things ("ANOST") STATING THE TERMS THAT GOVERN YOUR USE OF THE ANOST WEBSHOP. THESE TERMS OF SERVICE ("TOS")- TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS AND ALL RULES AND POLICIES REFERRED TO IN THIS AGREEMNET - COLLECTIVELY CONSTITUTE THE AGREEMNET BETWEEN YOU AND ANOST. IF YOU VISIT OR ORDER AT THIS SITE, YOU ACCEPT THESE TERMS OF SERVICE. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE OR PURCHASING ANY OF THE PRODUCTS OR USING ANY OF THE SERVICES AVAILABLE ON OR THROUGH IT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSHOP. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU. CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPPTABLE. ANOST MAY REFUSE ACCESS TO THE WEBSHOP FOR NON-COMPLIANCE WITH ANY PART OF THIS AGREEMENT.

1. General

ANOST is the provider of the ANOST Webshop ("Service") that permits you to purchase downloads of digital content - such as sound recordings - as well as physical products via mail order under certain terms and conditions as set forth in this Agreement. Any product and service supplied by ANOST shall be exclusively subject to these TOS. ANOST shall only be doing business on the basis of these TOS. The TOS, in their presently operating version, shall apply to the present transaction as well as to any future business relations and any indications or quotations given in brochures, price lists, advertisements, on the packaging, etc., made in connection therewith, whether they be made orally, in writing or over the Internet. ANOST is the party to the contract with you. The registered legal address of ANOST is: Raumerstr. 39, 10437 Berlin, Germany. Managing Director is Thomas Morr.

2. Age Restrictions

The Service is available for individuals aged 14 years or older, only. If you are 14 or older but under the age of 18, you have to review these TOS with your parent or guardian to make sure that you and your parent or guardian understand and agree to these TOS.

3. System Requirements

The use of the Service requires a compatible device, internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Since use of the service involves hardware, software, and internet access, your ability to use the service may be affected by the performance of these factors. For the download of digital content high speed internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

4. Terms of Purchases

Your purchases made through the Service are subject to the ANOST Terms of Purchase ("TOP") at LINK ZU Terms of P. all which are hereby made part of this TOS. If you have not read these TOP, you should do so now.

5. Purchases/Products

You agree to pay for all products you purchase through the Service and that will be charged by ANOST for any product purchased, and for any additional amounts (including any taxes and late fees, if applicable) as may be accrued by or in connection with your Account. All fees will be billed to the payment card you designate online in connection with your purchase. You are responsible for the accurate and timely payment of all fees and for providing ANOST with valid and accurate payment card information or bank account information for the payment of all fees.

The availability of any products as well as prices are subject to change at any time.

Your use of the service includes the ability to enter into agreements and/or to make purchases electronically. You acknowledge that your electronic submissions constitute your agreement and your intent to be bound by and to pay for such agreements and purchases. Your agreement and your intent to be bound by electronic submissions shall apply to all records relating to all transactions you enter into on this site, including notices of cancellation, policies, and contracts.

On occasion, technical or other problems may delay or prevent delivery of your products. Your exclusive and sole remedy with respect to the products that are not delivered within a reasonable period will be either replacement of such products, or refund of the price paid for such products, as determined by ANOST. Your statutory rights are not affected.

6. Your Information - ANOST\'s Privacy Policy

By entering any information on this Service, you represent and warrant that: (i) you are using your actual identity; (ii) you have provided only true, accurate, current and complete information required to register with the service and at other points as may be required in the course of using the service ("Registration Data"); and (iii) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. ANOST may terminate your rights to the Service if any information you provide is false, inaccurate or incomplete.

You declare that you have been given detailed information about the kind, extent, place and scope of the collection, processing and use of your Registration Data by ANOST, which are required for registration, submitting orders, and for the e-mail newsletter. You expressly consent to the collection, processing and use of this Registration Data, but not to disclosure to any third party. You acknowledge that the details supplied during the registration are subject to computerised processing and storage. You agree that ANOST may store and use the Registration Data you provide (including payment card information) for use in maintaining your accounts and billing fees to your payment card. You expressly agree that your Registration Data will be kept in our customer file and consent to the storage of customer information until revoked.

Except as otherwise expressly provided for in this Agreement, the service is subject to ANOST\'s Privacy Policy at LINK ZUR PP, which is expressly made a part of this Agreement. If you have not already read ANOST\'s Privacy Policy, you should do so now.

By using this Service, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to this site may be read or intercepted by others.

7. User Account and Security

As a registered user of the Service you have to establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else\'s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify ANOST of any unauthorised use of your Account or any other breach of security.
We urge you to keep your password in a safe place and not to divulge it to anyone. Also remember to sign off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place. If you wish to terminate your username or password, or if you become aware of any loss, theft or unauthorized use of your username or password, please inform ANOST immediately. ANOST shall not be responsible for any losses arising out of the unauthorized use of your Account, which is not due to the negligence of ANOST.

ANOST uses sophisticated encryption and authentication tools to protect the security of your Registration Data. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your Registration Data, we cannot guarantee or warrant the security of any information you transmit to or from our web site, and you do so at your own risk. Once we receive your transmission, we will do our best to protect its security on our systems.

8. Proprietary Rights

You agree that the Service, including but not limited to graphics, images, software, audio clips, and editorial content, contains proprietary information and material that is owned by ANOST and/or its licensors, and is protected by applicable intellectual property law, trademark law, copyright law, and other laws. ANOST also owns a copyright in this site as a collective work and/or compilation, and in the selection, coordination and arrangement of the content.
You agree that you will not use such proprietary information or materials in any way whatsoever except for the use of the Service according to these TOS.

ANOST, the ANOST logo and other ANOST trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of ANOST or its licensors in the E. U. and other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be trademarks of their respective owners. Except as expressly provided in these TOS, you are not granted any right or license with respect to any of the aforementioned trademarks and any use of such trademarks.

The use of the Service except for use of the Service as permitted in these TOS, is strictly prohibited and infringes on the intellectual property rights of ANOST or others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.

ANOST actively and aggressively enforces its intellectual property rights to the fullest extent of the applicable law.

9. No Responsibility for Third-Party Web sites or Materials

Certain content, products, and services available via the Service may include materials from third parties. In addition, the Service may provide links to web sites operated and maintained by third parties, over which ANOST has no control. Privacy policies on such linked sites may be different from ANOST\'s privacy policy. You access such linked sites at your own risk. You should always read the privacy policy of a linked site before disclosing any personal information on such site.
You acknowledge and agree that ANOST is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. ANOST does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are only provided as a convenience to you.

10. Disclaimer of Warranties and Limitations of Liability

a)ANOST warrants that it will provide the service with reasonable care and skill and substantially in accordance with this TOS. ANOST does not make any other promises or warranties about the service.

Without limitation to the foregoing:
v aa) ANOST does not guarantee, represent, or warrant that your use of the Service will be uninterrupted or error-free

bb) ANOST does not guarantee, represent, or warrant that the Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and ANOST disclaims any liability relating thereto. You shall be responsible for backing up your own system.

b)ANOST, its managing director employees, affiliates, agents contractors, or licensors be liable for any loss or damage caused by ANOST, its employees or agents where:

aa) there is no breach of a legal duty of care owed to you by ANOST or by any of ANOST\'s employees or agents;

bb) such loss or damage is not a reasonably foreseeable result of any such breach;

cc) any increase in loss or damage results from breach by you of any term of this TOS.

c)ANOST shall use reasonable efforts to protect information submitted by you in connection with the Service, but you acknowledge and agree that your submission of such information is at your sole risk, and ANOST hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.

d)Nothing in these TOS removes or limits ANOST\'s liability for fraud or for any liability, which cannot be excluded or limited by applicable law. Your statutory rights shall not be affected.

11. Indemnity

By using the service, you agree to indemnify and hold ANOST, its managing director, employees, affiliates, agents, and licensors harmless in connection with any claims arising out of your breach of these TOS, or any action taken by ANOST as part of its investigation of a suspected violation of these TOS or as a result of its finding or decision that a violation of these TOS has occurred.
You cannot sue or recover any damages from ANOST, its managing director, employees, affiliates, agents, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the service, or take any other action during the investigation of a suspected violation or as a result of ANOST\'s conclusion that a violation of these TOS has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.

12. Changes

ANOST reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify these TOS and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to as "Additional Terms") will be effective immediately as incorporated into this Agreement. Your continued use of the Service will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional terms are hereby incorporated into these TOS by this reference.

13. Notices

ANOST may send you notices with respect to the Service by sending an e-mail message to the email address provided in your Registration Data contact information or by sending a letter via mail service to the contact address listed in your Registration Data contact information. Notices shall become effective immediately.

14. Termination

You or ANOST may suspend or terminate your registration or your use of this Service at any time, for any reason or for no reason at all. You will remain liable for all amounts due under your account up to and including the date of termination.
ANOST reserves the right to modify, suspend, or discontinue all or any aspects of this site at any time with or without notice to you.

15. Miscellaneous

This agreement constitutes the entire agreement between you and ANOST and governs your use of the Service. You are also subject to additional terms and conditions that apply when you use affiliate services. ANOST\'s failure to enforce any right or provisions in these TOS will not constitute a waiver of such provision, or any other provision of these TOS. If any provision of these Conditions is found to be void or unenforceable, the validity of the other provisions of these Conditions shall not be affected thereby. As regards the invalid provisions the parties to the contract agree that the parts in question be replaced or amended to the extent that the intended purpose is accomplished as far as possible. This agreement and any disputes arising in relation thereto shall be governed by and construed in accordance with the laws of Germany excluding the UN sale of goods law (CISG). You agree to comply with all local, state, federal, and national laws, ordinances, regulations, and statutes that apply to your use of the Service.
In case of consumer transactions within the scope of the Consumer Protection Act, these Conditions shall have validity to the extent that they do not restrict the statutory provisions of the consumer protection laws in force in the country, where the product has been purchased. The parties agree that this contract shall be subject to the jurisdiction of the competent courts of Munich, however, ANOST reserves the right to seek judicial relief in any court of competent jurisdiction.
ANOST will not be responsible for failures to fulfil any obligations due to causes beyond its control.