Legal
Notice, Disclaimer & Privacy Policy
Website
and Record Store:
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Musical Heritage Organization
Johannisburgstrasse
48
CH-8700 Küsnacht ZH
Switzerland
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Media
archive /
Medienarchiv:
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Bahnhofstrasse 196
CH-8620 Wetzikon
Switzerland
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Represented
by:
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Carl Flisch-Aghayan
Johannisburgstrasse 48
CH-8700 Küsnacht ZH
Switzerland
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| Legal
Notice & Project Authority: |
records.earth
is the online record store operated by Musical
Heritage Organization.
Operator:
musicalheritage.org (Non-Profit Organization)
Purpose:
Physical cleaning, preservation, archiving, and high-fidelity
digitization of historical 78 rpm shellac records and
phonograph wax cylinders. This includes correcting and
enriching historical metadata using pressing plant records,
encyclopedias, discographies, and the Catalog of Copyright
Entries from the Library of Congress.
Data Distribution:
All processed metadata is structured within our internal
database, featured on the MediaWiki of musicalheritage.org,
and contributed open-access to Wikidata (Wikimedia). |
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| Notice
on Advertising, Marketplaces, and Payment Services: |
This website displays advertisements
via Google AdSense and provides payment/donation options
via PayPal or direct transfer. It facilitates the sale
of surplus carriers via Ricardo/Discogs and acts as
a prelude to a future Online Music Store. Responsibility
for these third-party services and transactions lies
entirely with the respective operators. |
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| Disclaimer
of Liability: |
Content on the website, in the
database, and audio files are provided "as is"
and "as available" without guarantees. We
aim for high academic accuracy in historical data correction
but cannot guarantee absolute correctness, completeness,
or timeliness. Links to external platforms (ZHdK, Wikimedia,
Ricardo, Discogs, PayPal) are outside our control; we
disclaim any liability for such websites. |
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| Copyright,
DMCA & Terms of Use: |
We strictly observe third-party
copyrights and neighboring rights. Recordings are cleared
for rights before publication, also on behalf of third
parties.
Public Domain Material:
Verified recordings are hosted on ZHdK servers and Wikimedia
Commons.
Free Access:
Free for private, educational, research, and non-governmental
(NGO) use.
Commercial Use:
Commercial providers must pay a Data Volume Fee to support
our non-profit operational costs.
Notice and Takedown:
If you believe content violates your rights, please
contact us with details for immediate review and potential
removal.
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| Privacy
Policy: |
1.
General Information and Controller
The data controller is musicalheritage.org. Data is
treated confidentially according to relevant data
protection regulations (including FADP, GDPR, and
US law).
2. Data Collection (Server
Log Files)
Upon visiting or downloading, our host collects technical
data (e.g., browser, IP, time) required for secure,
optimized operation (legitimate interest).
3. Contact Form
Data submitted via the contact form is stored only
for processing inquiries.
4. International Data Transfers
Data may be processed on servers in Switzerland, the
EU, or the USA (e.g., via Wikimedia).
5. Children's Online Privacy
We do not knowingly collect data from children under
13.
6. Do Not Track (DNT) Signals
We do not track across third-party sites and thus
do not respond to DNT signals.
7. User Rights
Users have rights regarding access, correction, or
deletion of their personal data, contactable via our
form.
8. Google AdSense
We use Google AdSense, which uses cookies for analysis,
potentially transferring data to the USA.
9. PayPal (Payment/Donation Processing)
We use PayPal for transactions, transferring data
for payment processing.
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Terms
& Specific Clauses for records.earth:
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I. Terms and Conditions (GTC) – Online
Music Store
§ 1 Scope and Contractual Partner
These General Terms and Conditions (GTC) apply to all orders,
purchases, and contracts concluded via the Online Music Store
on records.earth, a project operated by the non-profit organization
musicalheritage.org (hereinafter referred to as the "Provider").
The customer's contractual partner is musicalheritage.org.
§ 2 Subject of the Contract (Physical Items & Nature
of Goods)
1. The Provider sells surplus historical audio carriers (such
as 78 rpm shellac records, phonograph wax cylinders, and related
historical documentation) as well as digital content where
applicable.
2. Special Nature of Historical Goods: The
customer acknowledges that the physical items sold are historical,
used, and often highly fragile collector's pieces. Signs of
age, scratches, background noise, or wear on the original
packaging do not constitute a defect, but represent the authentic
nature of historical original documents. Items are sold "as
is".
§ 3 Pricing, Shipping, and Customs Duties
1. All prices are stated in the specified currency (e.g.,
CHF / EUR / USD). As a non-profit organization, VAT is calculated
based on local regulations or may be exempt subject to non-profit
tax regulations.
2. Worldwide shipping is conducted at the expense and risk
of the buyer. Any applicable customs duties, import taxes,
or country-specific fees levied by the destination country
shall be borne entirely by the buyer.
§ 4 Payment Terms and Retention of Title
1. Payment must be made using the payment methods available
in the store (e.g., PayPal, credit card, bank transfer).
2. The items remain the sole property of musicalheritage.org
until full payment has been received.
§ 5 Right of Withdrawal and Exclusion of Returns
1. Due to the unique nature of these used collector's items
and historical singles, any general right of withdrawal, return,
or exchange is excluded, unless the item delivered differs
significantly from the description or photographs provided
in the store.
2. For digital content (downloads), the right of withdrawal
expires completely as soon as the download or streaming process
has commenced.
§ 6 Warranty and Limitation of Liability
1. To the maximum extent permitted by applicable law, any
statutory warranty for used goods is completely excluded.
The Provider is not liable for transport damages caused by
the handling of postal services; however, goods will be shipped
with the utmost care using specialized protective packaging
for historical audio carriers.
2. The Provider’s liability is strictly limited to intent
and gross negligence.
II. Specific Clauses: Data Volume Fee
§ 7 Commercial Use and Data Volume Fee
1. Definition of Usage: The free use and
download of public domain audio files and metadata on records.earth
is strictly restricted to non-commercial use (private individuals,
educational institutions, academic research, government bodies,
and NGOs).
2. Fee for Commercial Entities: Any exploitation,
distribution, or utilization of the provided audio digitizations,
metadata, or database entries by commercial entities (e.g.,
commercial streaming platforms, record labels, film production
companies, AI developers utilizing data for training models,
commercial archives) is subject to a fee. This fee is levied
as a Data Volume Fee.
3. Allocation of Funds: 100% of the revenue
generated from the Data Volume Fee is used to cover operational
costs, maintain the server infrastructure hosted at the Zurich
University of the Arts (ZHdK), and fund further digitization
work by musicalheritage.org.
4. Prohibition of Automated Scraping: Automated
downloading, data mining, harvesting, or scraping of large
data volumes or audio files using bots, scripts, or similar
technologies on records.earth is strictly prohibited without
prior written consent and the execution of a commercial data
license agreement.
5. Contractual Penalty and Legal Action:
In the event of unauthorized commercial use or a violation
of the scraping prohibition, the Provider reserves the right
to terminate access immediately, retroactively invoice the
retrieved data volume according to current commercial rates,
and pursue legal remedies or damages. |
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