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Terms & Conditions

Terms of Service of Radiomachen – Please red before you buy!

1. Hello, we are Radiomachen! Falk Werner, living in Magdeburg, Lübecker Privatweg 15, Germany, is the representative and managing director of Radiomachen. We know that reading the terms and conditions and privacy policy can be boring, but it is important. Please read the following chapters about our service and how you can use the service. If we say “we”, “us” or “Radiomachen”, it is because we mean Radiomachen and / or Falk Werner as representative.

2. Browsing: You must be at least 13 years old to browse the Radiomachen website. We do not knowingly collect information from anyone under the age of 13.

3. Age: You must be at least 18 years old to be able to buy on this website. If you are under the age of 18, you must use the account of a parent or legal guardian of at least 18 years of age with their permission. This adult is responsible for all your activities.

4. Your Responsibility: You promise that the information you provide to us is true, accurate and complete and that your information is up-to-date (including an up-to-date e-mail address). If you discover that your e-mail, credit card or Paypal account is not authorized to place an order, you must notify us immediately. Furthermore, you are reliable in terms of scheduling appointments. In the event that a recording or production date is agreed (via the live session booking), in which the client via far-end software such as Skype, SessionLink Pro o. and the client can not meet this deadline, a default fee of 50% of the agreed order value is due, but at least the minimum price per order under § 6 paragraph (3) in full. The same applies if the client does not deliver the text required for the agreed admission or production deadline within the deadlines specified in the order confirmation before the deadline. The client is free to prove that the contractor has incurred a lesser amount of damage due to the failure. The contractor is free to prove a higher damage. The cancellation fee will not be payable if the client cancels the appointment at least 24 hours before the agreed date.

5. License: If you buy a voiceover, you acquire the right to use this article. However, you do not acquire the article yourself. With the purchase of a voiceover we withdraw the so-called rights of use. All copyrights and property rights remain with us. Radiomachen sells various licenses: License page. The license is composed of the type of voiceover (e.g., video or advertisement), geographic use, commercial or non-commercial use, and the duration of the voiceover (spatial and temporal). This license is binding. Any further use of the voiceover is not included in the license, but can be requested at any time via our Contact form. This relicensing can incur further costs. This license also applies to you when you download an item that someone else has purchased for you.

6. The total price:

Article Price: The voiceover price is composed of a base price, which results from the total number of words to be spoken, additional offers such as translation, video-audio synchronization and a license fee. Taxes: Some transactions may be subject to tax that may be added to the list price.

7. Payment: You can choose to purchase items and you will be redirected to a payment method provider such as Paypal or Stripe. You are responsible for all costs of currency conversion in connection with an order on Radiomachen. Your financial institution will perform the currency conversion and may charge you additional fees (we do not control the conversion rates or fees of your financial institution). This means that you can incur additional costs when purchasing that we have no control over.

8. Terms and Conditions of Purchase: If you buy a voiceover on Radiomachen, you do so under the following conditions:

  • You promise us that you have carefully reviewed the suitability of your chosen voiceover and that you have made the right choice;
  • You can not cancel a completed purchase of an item without reason;
  • Radiomachen reserves ownership of all items;
  • We have the right to refuse paid orders.

It is important that you understand the conditions in which you make a purchase. Please take the time to read this section carefully.

9. Your Quality is my trademark … what I, Falk Werner, promise:

  • the item is of acceptable quality and suitable for the purpose for which it is “sold”;
  • the item corresponds to the description on the product page;
  • Your use of this article under the terms of the license does not violate the intellectual property rights of another person.
  • the article and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
  • It does not contain viruses or other computer code, files, or programs designed to limit or destroy the functionality of any other computer software or hardware.

(a) The delivery of our audios is handled according to the list (Delivery time) via the external service “WeTransfer” and includes post-processing such as fine-cutting, cleaning and sound-optimization of the recording. You receive the audio file (s) by default as uncompressed wav file (video optimized in 48kHz, 24-bit, stereo), uncompressed wav (only fine cut, no further editing, RAW! In 96kHz, 32-bit float mono) and mp3 (optimized 320kbps, 48kHz, 24-bit stereo)
(b) Text Plus: The additional option includes a spelling and grammar checker and, if necessary, correction. Before the recording, a manuscript corrected by us must be confirmed once again by the client. The delivery time may be extended and is not part of our responsibility. This applies equally to translation services. We offer optional translations only from English into German. We can not be held liable for translation errors. Also claims of third parties are not accepted by us. The error correction of a translation is incumbent on the buyer, who must confirm the manuscript again before the admission.
(c) Video Sync: The Video Sync Option is not Lip Sync! This is the synchronization of image and sound according to a time concept with maximum accuracy of 1 second.
(d) Mixing: mixing the voiceover with an additionally supplied audio file. In doing so, we optimize the volume of the background music provided by the buyer or other sound effects relative to the voiceover for a balanced overall mix.

The voice recording provided by the contractor is subject to acceptance by the client. The admission is accepted no later than 5 working days after delivery of the voice recording.

11. Taxes: The prices and charges may include the transaction taxes (such as VAT), except for the following prices (these are added as part of the total price to be paid by the buyer before purchase): (a) EU VAT (if applicable) and (b) all other transaction taxes that we specify on the Website are added.
You are responsible for paying all other fees and taxes associated with your use. We may collect geographic location information to determine your location that can be used for tax purposes (the location data you provide must be accurate for tax purposes).

12. Items with Wrong Price or Incorrect Information: Despite reasonable efforts, items may occasionally be listed at a wrong price or with incorrect information. In this case, we can cancel a transaction even after it has been completed and a payment has been made. In this case, we will immediately arrange for your payment to be credited or refunded, and you may not use the item unless you buy it again at the correct price.

13. A refund for a purchase will not be granted unless you have good reasons to believe that the voiceover provided is far from your expectations. We will not refund you in the following situations:

  • You have changed your mind about an article;
  • You have accidentally purchased an item;
  • You do not have sufficient knowledge to use the article; or
  • You’re asking for goodwill.

14. Intellectual property – What we own: By granting the license to use we continue to retain the intellectual rights to the voiceover. You may not in any way copy, share, modify or create derivative works beyond our agreed usage rights.

15. Copyright, trademark and intellectual property rights: We respect the copyrights of others. If you believe an item infringes any intellectual property (including copyright), please contact us.

16. Grant of rights of the client to Radiomachen
Falk Werner is entitled to use the productions made via Radiomachen for marketing purposes and for the production and marketing of production examples. This includes in particular, but not exclusively, the use on the website radiomachen.de, greenscreenvideo.de and falkwerner.de and the right to public performance. To this end, the client grants the contractor the simple, sub-licensable, temporally and spatially unlimited right of use to the contractor’s name, trademarks and logos. The client may object to the use in writing.

17. Privacy: We respect your privacy. Please read the privacy policy, which is part of the Terms and Conditions.

18. Linking to Radiomachen: We appreciate your permission to link Radiomachen.de from other sites, but you must link to a full version of a page and not directly to a picture or file hosted on Radiomachen. This does not include “inline” linking methods that cause images hosted on Radiomachen to appear on other web pages. You may not “fringe” any Radiomachen site by surrounding these pages with content, materials, or other people’s trademarks. We reserve the right to insist that all links to Radiomachen be deleted.

19. Links from Radiomachen: Our website may contain links to other non-Radiomachen websites. We have no control or responsibility for anything on these sites and do not endorse or sponsor them, even if they are affiliated with us.

20. You indemnify us for any loss, costs (including any legal costs whatsoever), claims or liability claims arising out of or in connection with a third party claim against us relating to your use of Radiomachen.

21. If you are a buyer, you agree that we are not responsible and you exclude us from liability for the following:

  • the product items on Radiomachen;
  • information about articles (including on each article page); and
  • Your use of Radiomachen articles.

22. Our liability to you is limited as follows: We exclude liability for the things you cause: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, reputational damage, loss in connection with another Contract, data loss or indirect consequential or special loss, damage or expense. These sections mean that you protect us from costs and claims arising out of your actions on the Site and that our liability to you is limited.

23. Relationship between the parties Nothing in these terms shall be construed as representing a partnership, joint venture, employment, or agency relationship between you and us or between you and any other member. Neither you nor we are connected in any way.

24. Changes to the Terms and Conditions and Privacy Policy: We may change these terms at any time. You may close your account and terminate your agreement with us at any time if you do not agree to the changes. However, if you wish to continue using the Radiomachen website after the changes, you must accept the changes.

25. Dispute resolution platform
The European Commission provides an Online Dispute Resolution (OS) platform that the client will find here: https://ec.europa.eu/consumers/odr/. The contractor is not obliged to participate in a dispute settlement procedure before a consumer arbitration board.

26. The law of the Federal Republic of Germany applies. The application of the UN Sales Convention (CISG) is excluded. With respect to entrepreneurs within the meaning of § 14 para. 1 BGB is the place of performance and jurisdiction Magdeburg.

Version 1.4 – Effective Date: 9 May 2019.

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