§ 1 VALIDITY OF THESE GENERAL TERMS AND CONDITIONS
This document (hereinafter "General Terms and Conditions") is a binding contract between you (hereinafter: "Participant") and scorio GmbH (Lorenzstr. 29, 76135 Karlsruhe, Germany, represented by the managing director Johannes Feulner, hereinafter: "User"), which defines the use of the "scorio" Music Portal provided under www.scorio.com. Solely these General Terms and Conditions apply to all relations between the User and the Participant when using the "scorio" Music Portal.
§ 2 Definitions
The following definitions apply in the present contract, unless otherwise provided in the particular context:
- "Participant" is every registered and logged-in user of the "scorio" Music Portal
- "Notification" and "notify" is any notice in text form, writing or by e-mail to the respective addressee.
- "Registration information" includes your name, your e-mail address and all other information which might possibly be requested.
- "Registration process" refers to registration using the registration form for the service that the Participant fills in online on our website under the address www.scorio.com.
- "Piece of music" or "composition" refers to the work of a person presented using music notes which constitutes a personal intellectual creation as defined by Section 2 para. 1 no. 2 of the German Copyright Law.
- "Essential contractual duties" are the primary reciprocal duties of a contract, the performance of which the contracting party may rely on because they render the proper implementation of the contract possible in the first place.
§ 3 Conclusion of contract
(1) The contract between the Participant and scorio GmbH for the use of the "scorio" Music Portal materializes by the Participant logging in after registering (cf. § 5) and receiving his password under www.scorio.com. Upon registration, the Participant irrevocably accepts the validity of these General Terms and Conditions.
(2) The Participant must be at least 18 years of age and be fully competent to enter into legal transactions in order to conclude this Agreement and to register to use the "scorio" Music Portal.
§ 4 Registration
(1) The Participant registers under www.scorio.com and registration is free of charge. Upon registration, the Participant must state his first name, if applicable any middle names, his surname, his requested login name and his e-mail address and confirm this by clicking on the "Save" button. After this, the User sends a verification e-mail to the e-mail address. This verification e-mail requests the Participant to confirm the details stated. The account of the Participant is activated only once these details are confirmed by clicking on the activation link.
(2) The Participant is responsible for correctly entering his details. The Participant undertakes to provide correct and up-to-date registration details during registration. The Participant may not provide any incorrect, inexact, incomplete or misleading details or any details which he is not authorized to use.
(3) If the details that the Participant provided in the registration process should change, he must inform the User thereof without delay by notifying the User.
§ 5 Service
(1) The "scorio" Music Portal website allows participants to post their own compositions, although the memory capacity provided to each participant is restricted (cf. § 5 no. 4). Every participant may provide his compositions to other participants of the "scorio" Music Portal free of charge for continued non-commercial use and re-licensing on the same conditions based on a Creative Commons License (§ 9 no. 4).
(2) Upon completion of registration via www.scorio.com (cf. § 4 no. 1) and the related irrevocable acceptance of these General Terms and Conditions, the Participant receives his own "scorio" Music Portal account. The Participant is then entitled to use the services of the "scorio" Music Portal.
(3) Use includes the posting of the Participant's own or adapted compositions of other participants, provided that these participants have granted the Participant an appropriate license (cf. § 10).
(4) The number of compositions that may be posted on the "scorio" Music Portal is limited to 5 units/data quantity for Participants without subscription. For Participants with subscription the limitation is defined according to the subscription conditions.
(5) The registration and use of the "scorio" Music Portal is free of charge.
(6) In addition to the free use of the "scorio" music portal, several other services exist which are subject to a fee and which will be described in detail in the following section. Before obtaining access to these areas, subscribers will be informed about the obligation to pay a fee, the scope of services and the terms of payment. After payment has been rendered, subscribers can access these areas.
(7) scorio is entitled to commission third party service providers and vicarious agents to supply parts of or the entire service spectrum. This will not lead to any disadvantages for the subscribers.
(1) In the event that a fee-based service is used, the subscriber also enters into a contractual relationship in addition to the free membership with scorio GmbH. This contractual relationship will only be concluded after the subscriber has accepted the additionally applicable general terms and conditions of business (see below) for the specific contractual relationship by means of a separate declaration. The subscriber hereby submits an offer to conclude the respective contract by sending his or her order. The acceptance of the offer can be ascertained by means of the activation of the offer by the user.
(2) iPad music folder (conclusion of contract via i-Tunes)
(a) The scorio user account can be used on the iPad via the iPad music folder. The iPad music folder moreover enables the subscriber to transpose notes, to scale the size of the sheets of music and to define the pagination.
(b) The "iPad music folder" service is fee-based. Activation of this service initially assumes that the subscriber has installed the iPad music folder that can be obtained for free via iTunes on his or her iPad. Furthermore, another prerequisite is that the subscriber has previously created a free user account with www.scorio.com.
(d) The fees that have been communicated to the subscriber at the time the contract is concluded are applicable. Payment of the respective amount takes place via iTunes in accordance with their general terms and conditions of business. The subscriber must accept iTunes' general terms and conditions of business in a separate form.
(e) scorio's user accounts for the iPad music folder will be activated on a permanent and unlimited basis.
(f) The activation expires on cancellation of the scorio user account no later than the deadline as stipulated for the termination (see Section 6).
(3) iPad music folder (conclusion of the contract via FastSpring)
(a) You can use the mobile scorio's user account on the iPad via the iPad music folder. The iPad music folder also allows the subscriber to transpose notes, to scale the size of the sheets of music and to define the page breaks.
(b) The "iPad music folder" service is fee-based. Activation of this service initially assumes that the subscriber has installed the iPad music folder which is obtainable free-of-charge via iTunes on his or her iPad. Furthermore, another prerequisite is that the subscriber has already created a free user account with www.scorio.com.
(d) The fees that have been communicated to the subscriber at the time the contract is concluded are applicable. Payment of the respective amount takes place via credit card through FastSpring in line with their general terms and conditions of business. FastSpring's general terms and conditions of business must be accepted and acknowledged by the subscriber in a separate form.
(e) scorio's user account for the iPad music folder will be activated on a permanent and unlimited basis.
(f) The activation ends on cancellation of the scorio user account no later than the deadline scheduled for termination (see Section 6).
§ 6 Term of contract and termination
(1) Membership runs for an indefinite period.
(2) The Participant can cancel his membership at any time without observing a notice period and without giving a reason. The notice of termination must be submitted in writing or by e-mail and becomes effective upon receipt.
(3) The User can terminate the Participant's membership at any time with a notice period of seven days without giving reasons. The seven-day notice period shall not apply if there is a reason which permits the User to instantly terminate membership based on these General Terms and Conditions. The notice of termination must be submitted in writing or by e-mail and becomes effective upon receipt.
(4) The termination of the account with the "scorio" Music Portal by the Participant or the User shall not affect the rights of use to pieces of music which the Participant granted to the User according to § 9 no. 2 and which the Participant granted other participants based on a Creative Commons License.
§ 7 Software
The basic requirement for use of the "scorio" Music Portal is a pdf reader and a midi plug-in, unless these are integrated into the browser.
§ 8 System requirements
The following browsers are currently supported by the "scorio" Music Portal:
- Firefox from version 3
- Internet Explorer from version 7
§ 9 The posting of pieces of music and their release for use by other participants
(1) The Participant undertakes to only post pieces of music on the "scorio" Music Portal for which he has the sole and exclusive copyrights and rights of use. If the Participant creates a piece of music with other persons (joint authorship), he may only post it if the other joint authors consent to this and the Participant has a written declaration to this effect from the other joint authors.
(2) Upon posting content (for example a work or an adapted work) on the server of the "scorio" Music Portal, the Participant guarantees that he has the right to provide these contents to the User for use. At the same time, the Participant grants the User the right to use these contents. The right of use that the Participant grants to the User includes the temporally unrestricted right to reproduce, distribute, send, play back in public and publish the transferred contents worldwide or any similar use of such contents, solely within the framework of the "scorio" Music Portal website without any claim whatsoever to remuneration by the Participant or third parties.
(3) Insofar as the Participant acts in breach of the items above of this paragraph by posting a piece of music and granting the User or other participants rights of use without being authorized to do so, whether he does so intentionally or negligently, whereby slight negligence suffices, the Participant undertakes to indemnify the User, its executive bodies, employees and vicarious agents from all claims of third parties which these assert against the User based on the culpable infringement of their rights, in particular of copyrights, rights of license, competition rights or other protected rights due to the contents transmitted by the Participant. The Participant shall reimburse to the User the costs of legal defense which are incurred as a result of his infringing contents. Furthermore, the Participant undertakes to support the User as far as possible to ward off all third-party claims based on his contents and in particular to surrender to the User all documents required for its defense.
(4) Within the scope of participation in the "scorio" Music Portal, the Participant undertakes to conclude agreements between the participants of the "scorio" Music Portal on the use of a piece of music solely on the basis of the Creative Common License. In this connection, other participants of the "scorio" Music Portal shall be granted a simple right of use, without restriction in terms of time and territory, free of charge for non-commercial use. In addition, the party acquiring the right of use is allowed to grant other licenses to the piece of music on the same conditions. The name of the original author must always be stated. The license agreement between the participants reads as follows:
THE COPYRIGHTED WORK OR OTHER PROTECTED SUBJECT MATTER (AS DESCRIBED BELOW) IS PROVIDED ON THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE AGREEMENT"). THE PROTECTED SUBJECT MATTER IS PROTECTED BY COPYRIGHT AND/OR RELEVANT LAWS.
BY EXERCISING A RIGHT GRANTED THROUGH THIS LICENSE AGREEMENT TO THE PROTECTED SUBJECT MATTER YOU AGREE TO THE TERMS OF THE LICENSE WITH LEGALLY BINDING EFFECT. THE LICENSOR GRANTS YOU THE RIGHTS DESCRIBED HEREIN ON THE CONDITION THAT YOU CONSENT TO THE TERMS OF THIS CONTRACT.
a. "Adaption" is defined as a translation or any other adaption of the work which is your personal intellectual creation. Free use of the work is not considered to be adaption.
b. "License elements" are defined as the following license characteristics which are selected by the licensor and are named in the designation of the license: "Attribution", "Non-commercial", "Share Alike".
c. A "licensor" is defined as a natural or legal person that offers the protected subject matter on the terms of this license.
d. A "compilation" is defined as a collection of works, data or other independent elements that constitute a personal intellectual creation due to the selection or arrangement of the elements. This also includes those compilations whose elements are systematically or methodically arranged and are accessible individually with the aid of electronic means or in any other manner (database works). A compilation is not considered adaption (as described above) in connection with this License.
e. "You" means any natural or legal person who exercises the rights of use granted through this license and has not previously acted in breach of the terms of this license regarding the work or has received the licensor's express permission to exercise these rights of use granted through this license despite a previous breach.
f. "Protected subject matter" is defined as the work or compilation or the protected item of a related right that is offered to you on the terms of this license.
g. "Author" is defined as the natural person who created the work.
h. A "related right" is defined as the right to copyrighted protected subject matter other than a work, for example a scientific edition, a posthumous work, a photograph, a database, a sound storage medium, a radio broadcast, a moving picture or a performance by a performing artist.
i. "Work" is defined as a personal intellectual creation that is offered to you on the terms of this license.
2. Copyright restrictions. This license shall not affect any authorizations whatsoever which arise from copyright restrictions, restrictions of the principle of exhaustion or other restrictions of exclusive rights of the holder of rights.
3. Licensing. Under the terms of this License Agreement, the licensor grants you a royalty-free simple right of use without restriction in terms of time and territory (for the duration of the copyright or related right) to use the protected subject matter in the following manner:
a. To exploit the protected subject matter in tangible form, in particular to duplicate, distribute and exhibit it.
b. To play back the protected subject matter in intangible form in public, in particular to recite, perform and present it, make it accessible to the public, to broadcast it, to play it back using image and audio carriers and play it back in radio broadcasts and by making it accessible to the public.
c. To record the protected subject matter on image or sound carriers, to make photographs thereof, to rebroadcast it and to exploit it to the extent named in a. and b.
d. To adapt the protected subject matter or to rearrange it in any other manner and to publish the adapted work and to exploit it to the extent named in a. to c.
The rights of use named may be exercised for all known types of use. The named rights of use include the right to carry out modifications to the work which are technically necessary in order to exercise the rights of use for all types of use. In particular, this includes adjustment to other media and to other data formats.
4. Restrictions. The rights of use according to no. 3 are expressly granted solely on the following terms:
a. You may only reproduce or distribute the protected subject matter or play it back in public in compliance with the terms of this license and you must always enclose a copy or the complete Internet address in the form of the Uniform Resource Identifier (URI) of this license when you reproduce or distribute the protected subject matter or play it back in public. You may not offer or demand any terms of contract that amend or restrict the terms of this license or the rights granted through them. You may not sublicense the protected subject matter. You must leave all notices unchanged that draw attention to this license and the exclusion of liability. You may not provide the protected subject matter with any technical protective measures which monitor access or use of the protected subject matter in a manner that is inconsistent with the terms of this license. The restrictions named also apply in case the protected subject matter is a part of a compilation; however, they do not require that the compilation as a whole is made a subject of this license. If you create a compilation, you must - insofar as practical - remove any indication of a licensor or an author from the compilation if you are requested to do so by the licensor or the author. If you adapt the protected subject matter, you must - insofar as practical - remove any indication of a holder of rights if you are requested to do so by the holder of rights.
b. You may only reproduce or distribute an adapted work or play it back in public in compliance with the terms of this license, a later version of this license with the same license elements as this license or a Creative Commons iCommons license containing the same license elements as this license (e.g. Attribution(s) - Non-commercial - Share Alike 2.0 Japan). You must always enclose a copy or the Internet address in the form of the Uniform Resource Identifier (URI) of this license or another license of the kind described in the preceding sentence if you reproduce or distribute the adapted work or play it back in public. You may not offer or demand any terms of contract that amend or restrict the terms of this license or the rights granted through them and you must leave all notices unchanged that draw attention to this license and the exclusion of liability. You may not provide the adapted work with any technical protective measures which monitor access or use of the adapted work in a manner that is inconsistent with the terms of this license. The restrictions named also apply in case the adapted work is a part of a compilation; however, they do not require that the compilation as a whole is made a subject of this license.
c. You may not exercise the rights of use granted in no. 3 in any manner that primarily aims at or is oriented to gaining a business advantage or cash remuneration owed by contract. If you also receive protected subject matter in connection with the granted rights of use without there being any contractual obligation to do so, this shall not be considered a business advantage or cash remuneration owed by contract, unless a payment is made or cash remuneration is paid in connection with the exchange of the protected subject matter (e.g. file sharing).
d. If you reproduce or distribute the protected subject matter or adapted work or a compilation or play it back in public, you must leave all the copyright notices for the protected subject matter unchanged and accept the copyright or ownership of rights in a form reasonable for your use thereof by stating the name (or the pseudonym if one is used) of the author or the holder of rights if it is stated. This also applies to the title of the protected subject matter if it is stated and - to a reasonable, practical extent - to the Internet address connected with the protected subject matter in the form of the Uniform Resource Identifier (URI), as stated by the licensor if this has been stated, unless this Internet address does not refer to the copyright notice or the license information on the protected subject matter. For adapted work, a notice must be shown of the manner in which the protected subject matter was adapted (e.g. "French translation of the … (work) by … (author)" or "The script is based on the work of …. (author)"). Such a notice can be provided in any reasonable manner, although in case of an adaption, a database or a compilation, the notice must at least be placed in the same position and be just as conspicuous as similar notices to other holders of rights.
e. Although the rights of use granted in no. 3 may be exercised comprehensively, this permission is limited by law because the personal rights of the author and the performing artist whose legitimate intellectual and personal interests and standing or reputation may not be jeopardized by the protected subject matter being adversely affected beyond the legally permitted extent.
5. Warranty. Unless otherwise agreed in writing by the contracting parties, the licensor shall not provide any warranty for the rights granted except in the case where defects were fraudulently concealed. For defects of any other kind, in particular in case of the defective delivery of materializations of the protected subject matter, the warranty shall be based on the agreements that you made with the person who provided the protected subject matter to you outside this license - or if such agreements were not made - based on statutory provisions.
6. Liability. In addition to the warranty named in no. 5, the licensor is only liable to you for intent and gross negligence.
7. Expiry of the contract
a. This License Agreement and the rights of use granted through it automatically end if you act in breach of any of the terms of contract. For natural and legal persons who have received an adaption, a database or a compilation from you on these terms of license, the license shall continue to apply, provided that these natural and legal persons comply with all terms of contract. Nos. 1, 2, 5, 6, 7 and 8 continue to apply in the event of the expiry of the contract.
b. The license is granted for an indefinite period on the terms set out above (for the duration of the protected right). However, the licensor reserves the right to use the protected subject matter on other terms of license or to end its own sharing of the protected subject matter at any time, provided that such acts do not serve to revoke this license (or any other licensing which was carried out or must be carried out on the basis of this license) and this license remains effective until it ends on the preconditions named above.
8. Final provisions
a. Each time when you reproduce or distribute the protected subject matter or play it back in public the licensor offers the acquirer a license for the protected subject matter on the same terms of contract on which it granted you the license.
b. Each time when you reproduce or distribute an adapted work or play it back in public the licensor offers the acquirer a license for the original protected subject matter on the same terms of contract on which it granted you the license.
c. Should a provision of this License Agreement be invalid, this shall not affect the validity of the remaining terms of license and a provision which most closely approximates the purpose intended with invalid provision shall replace the invalid provision.
d. Nothing shall be interpreted in such a manner that a provision of this License Agreement is waived or a breach of contract is approved as long as such waiver or such approval is not available in writing and is not signed by the waiving or approving contracting party.
e. This License Agreement constitutes the complete agreement between the contracting parties for the protected subject matter. It does not provide any additional agreements or verbal arrangements for the protected subject matter. The licensor is not bound to any additional arrangements that might arise from any agreement with you. The License Agreement cannot be amended without a mutual written agreement between the licensor and you.
f. This License Agreement is governed by the laws of the Federal Republic of Germany.
(5) Any rights of use granted to works within the scope of participation in the "scorio" Music Portal are free of charge.
(6) If the User receives any information or notification alleging that the Participant is infringing the intellectual property rights of others, his user account can be blocked temporarily or for good without it being necessary to notify him.
§ 10 Use of pieces of music
(1) All pieces of music are only offered by other participants and not by the User. The User neither participates in the use of pieces of music between participants nor is it responsible in any manner for such use. The User assumes no warranty or guarantees whatsoever for the contents, rights or the ownership of rights to the pieces of music offered by a Participant.
(2) Solely the offering Participant is responsible for the permission to grant other participants rights of use to a work. A contract materializes only between the participants involved. The User does not act in the capacity of a broker. The implementation of the contract is solely the responsibility of the participants. The Participant merely provides the electronic platform for the conclusion of contract based on a Creative Commons License between the participants. The User provides no further assistance for the implementation of the contract.
§ 11 Evaluations by third parties
(1) The Scorrio Music Portal offers participants the opportunity of evaluating pieces of music, particularly by making comments.
(2) No sexual, discriminating, insulting, racist, defamatory or any other illegal comments may be made.
(3) The User is entitled to remove comments if and insofar as the User has clear evidence that by making comments accessible to the public via the "scorio" Music Portal, this would constitute a violation of legal provisions and/or an infringement of third-party rights and/or would offend against common decency.
§ 12 Duties of the Participant
(1) Solely the registered and logged in user (Participant) is authorized to use the "scorio" Music Portal. The Participant must ensure that third parties do not use "scorio" services through his account. The Participant may only transfer his account and the related rights and duties after obtaining the prior approval of the User.
(2) The Participant may not disclose his password to third parties so they can use the "scorio" account. He must keep his password in such a manner that it is protected from access by third parties. If there is any reason to suspect that unauthorized third parties have gained knowledge of the password, the Participant must immediately change it. The password may only be saved in encoded form in digital media.
(3) The Participant is responsible for providing a suitable computer with access to the Internet and a web browser as well as all other hardware and communication equipment needed which are required for access to the service and use thereof.
(4) The User provides all services solely for private use. The Participant may not use the service for business purposes irrespective of the kind.
(5) The User reserves the right to block a Participant's access to the "scorio" Music Portal as soon as he acts in breach of these agreements. The Participant shall be notified of the blocked access.
§ 13 Misuse
The Participant is not authorized to use the service as follows:
(1) Use in a manner which is inconsistent with applicable law and the valid terms of license.
(2) Use in a manner that is contrary to this Agreement.
(3) Use of the service for inadmissible manipulations, "hacker attacks", modifications or impairments of the security or the functionality of the service.
§ 14 Consequences of a breach of duty of the Participant or misuse
(1) The User can initiate procedures at its own discretion in order to identify and prevent breaches of the provisions set out in § 11 no. 2, 12 and 13.
(2) The User is entitled to immediately block the service for the following reasons at its own discretion and/or to instantly terminate the present Agreement if
(a) The Participant acts in breach of the terms of this Agreement and the breach concerned is not discontinued within a reasonable period after being instructed to do so.
(b) The Participant infringes third-party rights.
(c) The User is instructed to take such a step by public authorities or offices.
(d) It is not necessary to demand that a breach be discontinued by setting a reasonable period in which to do so if the User is of the opinion that the service is used in a manner that is prohibited according to § 13, whereby it is irrelevant whether the Participant is aware or not aware of such inadmissible use of the service.
(3) The Participant shall be notified of the blocked access/termination.
(4) If the User blocks the user account of a Participant based on this paragraph, the User shall not bear any responsibility or liability whatsoever vis-à-vis such person.
§ 15 Claim to indemnification
(1) The Participant shall indemnify the User from all claims that other participants or other third parties assert against scorio GmbH based on an infringement of their rights by the contents posted on the "scorio" Music Portal by the Participant or based on his use of the "scorio" Music Portal in any other manner. In this connection the Participant shall pay the costs of the required legal defense of the User including all court and attorney fees at the statutory rate. This shall not apply if the Participant is not responsible for the infringement of the right(s).
(2) In the event that a claim is filed against the User by third parties, the Participant is obliged to provide to the User without delay, truthfully and completely all information that is necessary for examining the claims and for defense.
§ 16 Liability of the User
(1) The User is liable in the event of the absence of a warranted characteristic and for willful intent and gross negligence, for slight negligent only if there is a breach of essential contractual duties or insofar as this involves death, physical injury or an impairment of health. Liability in the event of a breach of an essential contractual duty is restricted to typical contractual damage, the existence of which the User could have expected when authorizing the Participant to use the "scorio" Music Portal based on the circumstances known at such time. The User is not liable for lost business income or profits or lost expected savings or for futile expenditures.
(2) Liability pursuant to the provisions of the German Product Liability Law remains unaffected.
(3) The User cannot guarantee that the service will be provided without interruptions and free of faults at all times. However, the User shall rectify faults reported within a reasonable period.
(4) The User reserves the right to block the service for operational reasons for a temporary period. In this case, the Participant shall, however, be notified as early as possible. The service shall be restored as soon as possible after suspension.
(5) For operational reasons, the User may be required to change the technical specifications of the service. The User shall send the Participant a notification of the service-related changes as early as possible.
§ 17 Circumstances beyond our control
The User shall not accept any liability if it cannot perform its contractual duties as a result of circumstances that are beyond its control. This includes, for example, breakdowns of electronic or mechanical systems or communication lines, problems with telephones or other communications, computer viruses, "hacker attacks", unauthorized access, theft, earthquake, lightning, flooding, exceptionally heavy storms, fire and explosions, civil riots, wars, military operations, national or regional disasters, measures taken by the government or any other authorities authorized to do so, labor conflicts of any and all kinds or information lost due to faulty functions or breakdowns of electronic systems. Should such events or similar ones last for longer than three months, the User is entitled to terminate this contract by sending a notification to the Participant in due time to this effect.
§ 18 Links
The "scorio" Music Portal and the website of the User may contain links to third-party websites which do not belong to the User and are not operated by it. The User is not responsible for the accessibility of these websites or their contents nor does it adopt such contents as its own.
§ 19 Advertising
The User and/or its business partners may disseminate advertising and advertising material on or via the server of the "scorio" Music Portal. For advertising by e-mail this applies only if the Participant has received the approval required based on statutory provisions. Participation in an advertising event is subject to the terms applicable for this event.
By registering with the "scorio" Music Portal, the Participant declares his consent to the display of advertising.
§ 20 Data privacy
Reference is made to the Data Protection Policy.
§ 21 Amendments to these General Terms and Conditions
(1) If the User intends to amend these General Terms and Conditions, the Participant shall be notified of the proposed amendments no later than 6 weeks before the proposed time when they are to enter into effect. The amendments are considered approved, unless the Participant objects to them by means of a notification before the time proposed for the entry into effect of the amendments. The User shall especially point out this consequence in its written notification. If the Participant exercises his right of objection, the requested amendments of the User shall be considered rejected. The contract shall then be continued without the proposed amendments. This shall not prejudice the right of the contracting parties to terminate the contract.
(2) If the Participant is offered amended terms, he may instantly terminate the contract affected by the amendments free of charge before the proposed time when the amendments enter into effect (cf. § 6 no. 2). The User shall especially draw the Participant's attention to this right of termination in the offer.
§ 22 Final provisions
(1) The laws of the Federal Republic of Germany apply to the exclusion of the UN Sales Law and the conflict of law rules of private international law.
(2) The Participant may inspect the terms of contract at any time on the website of the User under www.scorio.com/web/scorio/terms.
(3) These General Terms and Conditions and the documents referred to in these General Terms and Conditions constitute the whole contract between the parties in respect of the service. No verbal agreements have been made.
Right of revocation
You can revoke your contractual statement within 14 days without stating any reasons in text form (e.g. by letter or via fax). The deadline commences on receipt of this instruction in text form, however, not before the conclusion of contract and also not before fulfilling our information obligations pursuant to Article 246, Section 2 in connection with Section 1, Paragraph 1 and 2 of the Introductory Law to the German Civil Code "EGBGB" as well as our obligations in accordance with Section 312e, Paragraph 1, Sentence 1 of the German Civil Code "BGB" in conjunction with Article 246, Section 3 of the Introductory Law to the German Civil Code "EGBGB". The revocation only has to be sent in due time to ensure that the revocation period is observed. Please send your revocation to:
Telefax: +49 721 96448-299
Consequences of revocation
In the event of an effective revocation, the services received on both sides and any benefits which may have been accrued (e.g. interest rates) shall be returned. If you cannot return the service rendered entirely or partially or only in a deteriorated condition, you must compensate us for lost value in this respect. This may mean that you have to fulfil the contractually agreed payment obligations for the period up to the time of revocation. Obligations for the reimbursement of payments must be fulfilled within a period of 30 days. The deadline for you commences when you send your declaration of revocation, and for us on its receipt. Important notice: your right of revocation expire at an earlier date if the contract has been fulfilled in its entirety by both parties at your explicit request before you have exercised your right of revocation.
Your right of revocation will no longer be effective if the contract has been fulfilled in its entirety by both parties on your explicit request before you have exercised your right of revocation.
– End of the cancellation policy –