General Terms and Conditions for using Music2Deal
"Music2Deal” refers to the service provided subject to these General Terms and Conditions and/or Music2Deal e.k..
Preamble
By logging on to Music2Deal, you accept the following General Terms and Conditions for using Music2Deal. The user (in the following defined as "MEMBER" (singular) or “MEMBERS” (plural) enters into this agreement on the use of Music2Deal services with Music2Deal e.k., Rappstr. 2, 20146 Hamburg, Germany. Additional contact information, commercial registry data, as well as the name of the authorized representative of Music2Deal can be found under “About This Site”. The services provided by Music2Deal are intended exclusively for persons of legal age who are working with music in the broadest sense (or who have something to do with music in a professional way in the broadest sense). The MEMBER can call up, print out, download and or save these General Terms and Conditions at any time, even after the agreement has been closed, under the “Terms & Conditions” link that appears on all Music2Deal pages.
1. Subject Matter
1.1 Music2Deal offers to the registered MEMBERS a virtual platform on the Internet to bring together the members with other members, especially regarding their music offers and music demands Music2Deal is divided into five (5) areas: Business Contacts, Artists, Songs, Music Licensing, Vocalists. The five (5) areas are each divided into requests and offers. The offers and requests in the areas of artists, songs, music licensing, and vocalists will generally be named music offers and music requests below.
1.2 Music2Deal offers to the registered MEMBERS three (3) options: a) a free membership which is hereinafter referred to as “Basic Membership”, b) a free membership which is hereinafter referred to as “Premium Trial Membership”, and c) a paid membership which is hereinafter referred to as “Premium Membership”
1.3 With the Basic Membership, the member can access (and listen to) the music offers and music requests on music2deal. The user can publish music requests, business contact requests as well as display their own profile as a business contact and offer and communicate with other users. Further applications such as the ‘music agent’ or the ‘user statistics’ are also available on the website.
1.4 With a Premium Membership, the member is also able to upload music files (in MP3 format, as stated on the website) into the Music2Deal system and publish them as ‘music offers’. Details about the applicable fees for the Premium Membership can be found in each member’s "My Music2Deal" area under "Pricing." The fees listed under "Pricing" are binding.
1.5 Music2Deal may deliver invoices to the MEMBER for a Premium Membership by email. In addition, music2deal shall make said invoices available for download by the MEMBER in the “My Music2Deal” area for a period of one (1) year from the date of invoicing.
1.6 Payments for the Premium Membership shall be due immediately upon invoicing.
1.7 Payment can be made using the various debiting procedures available, via the accepted credit cards, or the available online payment systems. If Music2Deal is not able to collect any fees from an account designated by the MEMBER due to lack of funds, the MEMBER shall bear all costs arising there from, including bank charges related to any debit entries or similar charges, insofar as the MEMBER is responsible for the event that triggers these costs. In case of a transfer from foreign countries the MEMBER pays the full expenses of the transfer costs.
1.8 A member with a Basic Membership will automatically receive a one-month Premium Membership trial as soon as the member successfully (= accepted registration) invites two (2) "business friends" (people who work in the music industry). Any further "business friends" invited will be taken into account the following month. With a Premium Membership trial, the member can upload two (2) music files into the Music2Deal system and use them to publish up to two (2) music offers.
1.9 A member with a Premium Membership or a Premium Membership Trial has an expanded view of the last visitors to his profile in the statistics SECTION.
1.10 Fees may be different for each territory, however, a MEMBER must only pay the fee for the territory in which they live, they can not pay a different territory's fee. If there is no contract for the MEMBER's country, the contract will be effective from the country or area which is responsible for the country where the MEMBER lives. If there is no country in Music2Deal.com responsible for the MEMBER than the German contract will be effective.
1.11 Music2Deal merely provides the MEMBERS with a platform on which to establish contact with other MEMBERS and their music offers and music requests and only provides those technical applications that allow MEMBERS to contact one another. As regards to content, Music2Deal does not take part in any communication between MEMBERS. If MEMBERS enter into agreements with one another over Music2Deal, Music2Deal shall not be a contracting party to those agreements. The MEMBERS alone are responsible for the execution and/or fulfilment of agreements in which they enter with one another. Music2Deal shall not be held liable if MEMBERS are unable to contact one another over Music2Deal regarding such agreements. Furthermore, Music2Deal shall not be liable for breaches of duty in relation to agreements entered into between MEMBERS.
1.12 The MEMBER acknowledges and agrees that it is technically impossible to achieve 100% availability of Music2Deal. Music2Deal shall nonetheless endeavour to keep Music2Deal available without interuption. Events related to maintenance, security or capacity requirements, and/or events beyond Music2Deal's control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on Music2Deal.
1.13 Group moderators on Music2Deal are entitled to choose their members. They may freely choose whether or not a MEMBER may join their group.
1.14 With a membership on Music2Deal the member also receives a regular newsletter as well as other notifications concerning their membership (e.g.: statistics or notifications). The user can unsubscribe from the newsletter by clicking on the link in the newsletter.
1.15 Any use of the services and contents offered on Music2Deal beyond the scope of options provided by Music2Deal requires the prior written consent of Music2Deal.
1.16 Music2Deal shall only make data and/or information provided by the MEMBER available for other uses provided that this data and/or information does not violate any laws or these General terms and conditions. Music2Deal is entitled to remove any illegal or prohibited data and/or information from Music2Deal without prior notice to the MEMBER.
2. Registration
2.1 MEMBERS must register prior to using Music2Deal.
2.2 The MEMBER warrants and represents that all of his data he provided for registration is accurate and complete. The MEMBER shall report any changes in the registration data to Music2Deal without undue delay.
2.3 The MEMBER warrants and represents that he or she is of legal age and working with music in the broadest sense (has something to do with music in a professional way in the broadest sense) at the time of registration.
2.4 The MEMBER shall choose a password upon registration. The MEMBER is obliged to keep this password secret. Music2Deal shall not disclose the password to any third party.
2.5 By completing the registration process, the MEMBER consents to enter the agreement to use the services of Music2Deal. Music2Deal accepts their offer by activating the membership for the use of services on Music2Deal. The agreement takes effect with the aforementioned acceptance by Music2Deal.
2.6 Each MEMBER is entitled to register with Music2Deal only once, and the MEMBER may only establish one (1) MEMBER profile.
2.7 It is technically not possible for Music2Deal to determine with certainty whether any MEMBER registered with Music2Deal is in fact the real person he or she purports to be. Therefore, music2deal assumes no liability for the actual identity of a MEMBER. Each MEMBER is solely responsible for checking the actual identity of another MEMBER.
3. Right of cancellation
3.1 The MEMBER may cancel registration for the Basic or Premium Membership in writing (e.g. by letter or email) within two (2) weeks without stating a reason. This period begins when membership is activated by Music2Deal, but not before the receipt of these instructions.
3.2 The MEMBER may cancel registration for the Premium Membership in writing (e.g. by post or email) within two (2) weeks without stating a reason, after changing from Basic Membership to Premium Membership. This period begins when Premium Membership is activated by Music2Deal, but not before the receipt of these instructions.
3.3 For meeting the cancellation deadline in each of the abovementioned cases, the date of dispatch of the cancellation notice is decisive. In each of the abovementioned cases, the cancellation notice should be sent by post to Music2Deal e.k., Rappstr. 2, 20146 Hamburg, Germany. The MEMBER may deliver notice of termination using the contact form available on most Music2Deal pages, or by sending an email to info@music2deal.com. The MEMBER’s right of termination under section 8 shall not be affected by the MEMBER’s cancellation right under this section 3.
3.4 Premature lapse of the right of cancellation The MEMBER’s right of cancellation lapses before the end of the right of cancellation period if Music2Deal has begun performing the Music2Deal services for which the MEMBER is registered with the express consent of the MEMBER, or if the MEMBER has initiated the Music2Deal services for which the MEMBER is registered (e.g. in which the MEMBER has accessed the Music2Deal services that Music2Deal has made available to the MEMBER in accordance with the type of Membership chosen by the MEMBER). In the event of a valid cancellation, both parties shall be obliged to restore any benefits already received in accordance with legal provisions, and issue any gains (e.g. interest). If the MEMBER is not fully or partially able to restore the benefits, or only be able to restore them in poor condition, to Music2Deal, then the MEMBER must reimburse Music2Deal for the corresponding value. The MEMBER must fulfill obligations for refunding within 30 days after dispatch of the cancellation notice.
4. Extent of Rights. MEMBER transfers all necessary rights for the fulfillment of this contract to Music2Deal. This includes:
4.1 the partial or complete use of sound recordings in databases or datanets (i.e. internet, www, etc.), feeding into databases or nets, saving, distributing and making them available to MEMBERS of databases/nets through cable or other media of transmission for acoustic/visual perception and/or duplication.
4.2 the right to advertise and "bracket part analysis" (i.e. the authorization to use parts of the music2deal.com presentation, including the use of the name and picture of the title provider, for advertising purposes). The use of music, however, is only possible under the prerequisite of the MEMBER´s agreement.
5. Obligations of the MEMBER. The MEMBER is obliged:
5.1 To provide only true and non-misleading statements in the MEMBER profile and in communications with other MEMBERS;
5.2 That their provided material is not being restricted in terms of copyright, or to violate others rights or use without authorization any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law;
5.3 That all their data as well as comments or the compositions and texts/lyrics do not contain any material which is offensive, obscene or in any way illegal;
5.4 To do no actions with the intention of damaging Music2Deal including its infrastructure and functionality, particularly actions which may overload said infrastructure. This is particularly true by employing any mechanisms, software or scripts when using Music2Deal sites. The MEMBER is responsible for that the data which is being uploaded to the Music2Deal.com website or provided otherwise to us does not disturb our website or data, nor the computer or data of our customers and MEMBERS, that it does not contain any viruses and is technically sound;
5.5 To not unreasonably annoy (particularly with spam) or engage in offensive or sexually oriented communication (explicit or implicit) with any other Music2Deal MEMBERS;
5.6 To not use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid sales);
5.7 To not do any blocking, overwriting, modifying and/or copying of any contents of Music2Deal, unless said actions are necessary for the proper use of the services on Music2Deal;
5.8 To not do any distributing or publicly disclosing of the contents of any of the Web sites of music2deal or any other MEMBER;
5.9 To not use any insulting or defamatory content, regardless of whether said content is directed at another Member or the Operator's personnel or other companies;
6. Warranty, Liability and Indemnity
6.1 Music2Deal is liable for any damage only in the case of intentional and culpable negligence. This applies also for damage caused by fulfillment and performing assistance. Liability is restricted to the damage predictable at the time of contracting.
6.2 Music2Deal is not liable for:
6.2.1 any delay in respect of uploading (upgrading, price changes, or payment)
6.2.2 economic losses (arising out of or in connection with this agreement)
6.2.3 damage of reputation or loss of goodwill
6.3 Neither party is liable for any violation of this contract caused by force majeure, including (but not limited to) terrorism, fire, accident, civil war, government action, failure of power supply, network failure, strike, lock out, and default or failure of a subcontractor or supplier.
6.4 Music2Deal does not make any warranties or representations regarding any data and/or information provided or made available by any MEMBER on Music2Deal or on any external websites linked to them. In particular, Music2Deal does not warrant or represent that said data and/or information is true or accurate, or that it fulfils or serves any particular purpose.
6.5 The MEMBER shall indemnify and exempt Music2Deal from all actions, including damage claims, asserted by other MEMBERS or third parties against Music2Deal resulting from an infringement of their rights by the contents posted by the MEMBER on Music2Deal. Additionally, the MEMBER shall indemnify and exempt Music2Deal from all actions, including damage claims, asserted by other MEMBERS or third parties against Music2Deal resulting from an infringement of their rights regarding the use of the services of Music2Deal by the MEMBER. The MEMBER assumes all reasonable costs Music2Deal incurs due to an infringement of third party rights, including all reasonable legal-defence costs. All other rights, including damage claims by Music2Deal, are hereby unaffected. The aforementioned obligations shall not apply to the extent the MEMBER is not responsible for the infringement.
6.6 In the event the content posted by the MEMBER infringes any rights of any third party, the MEMBER shall, at its own expense and at Music2Deal's discretion, either obtain the right to use said content or render said content free of any infringement. In the event the MEMBER infringes third-party rights when using the services of Music2Deal, the MEMBER shall discontinue such use that violates these General Terms and Conditions and the law, if so requested by Music2Deal. The MEMBER may report any activities of any other MEMBER which violate applicable laws and/or any of the terms and conditions of these General Terms and Conditions using the contact form available on most Music2Deal pages.
7. Changes to the Services of Music2Deal. Music2Deal reserves the right to modify its services and/or to offer services different from those offered at the time of the MEMBER's registration at any time, unless this is unreasonable for the MEMBER.
8. Termination of Membership, Reimbursement of Advance Payments
8.1 The MEMBER may terminate the Basic Membership and the Premium Trial Membership at any time without cause. The MEMBER may deliver notice of termination using the contact form available on most Music2Deal pages or by sending an email to info@music2deal.com at any time. The termination notice shall include the MEMBER’s registered name and an email address of the MEMBER registered on one of the Music2Deal Web sites.
8.2 The Premium Membership has a duration of three (3) months and can be terminated without cause by the MEMBER by giving notice fourteen (14) business days before the end of the duration. The Premium Membership will automatically be extended for another three (3) month, unless the Premium Membership has been canceled by the MEMBER.
8.3 The MEMBER may deliver notice of termination using the contact form available on most Music2Deal pages, or by sending an email to info@music2deal.com or by letter to Music2Deal. The termination notice shall include the registered name of the MEMBER and an email address of the MEMBER registered on Music2Deal. If the MEMBER has terminated the Premium Membership, the MEMBER is entitled to retain a free Basic Membership until such termination takes effect. The provisions shall not affect the right of both parties to terminate the agreement for good cause.
8.4 A good cause is defined as an event which makes it unacceptable for Music2Deal to continue the agreement to the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of Music2Deal against the MEMBER's. A good cause includes any of the following events:
8.4.1 If the MEMBER fails to comply with any applicable legal provisions
8.4.2 If the MEMBER breaches a contractual obligation, in particular an obligation set forth in sections 2 and 5 of these General Terms and Conditions.
8.4.3 If the reputation of music2deal is substantially impaired by the online presence of the MEMBER
8.4.4 If the MEMBER causes harm to any other MEMBER(s)
8.5 In the event of a good cause in accordance with section 8.3 and notwithstanding Music2Deal's right to terminate the contract in accordance with section 8.4, Music2Deal is entitled to: Delete the contents posted by the MEMBER Issue a warning, or Block the MEMBER's access to the services on Music2Deal
8.6 In the following cases, the MEMBER shall not be entitled to claim reimbursement of any advance payments: If Music2Deal has terminated the contract for good cause pursuant to section 8.3, If Music2Deal has blocked the MEMBER’s access in accordance with section 8.4, or If the MEMBER has terminated the agreement. However, the MEMBER's right to claim reimbursement of any advance payments shall not be excluded in this case if the MEMBER has terminated the agreement for a good cause attributable to Music2Deal.
9. Privacy policy Music2Deal recognizes that any data provided by the MEMBER to Music2Deal is important to the MEMBER, and Music2Deal shall therefore be particularly sensitive in handling such data. Music2Deal shall comply with all applicable legal provisions regarding data protection (German Data Protection Laws, European Data Protection Directives and any other applicable data protection legislation). In particular, Music2Deal shall not provide or otherwise disclose any personal data of the MEMBER to any third party without authorization. Details on Music2Deal's treatment of the MEMBER's data are set forth in the Data Protection Policy of Music2Deal accessible from most of the Music2Deal pages.
10. Final Provisions
10.1 This contract and any modifications in addition must be in writing to be valid. No secondary agreements exist.
10.2 Music2Deal reserves the right to amend these General Terms and Conditions at any time, without giving reasons, unless a modification is unreasonable to the MEMBER. Music2Deal shall give due notice of any modification of these General Terms and Conditions to the MEMBER. If the MEMBER does not object to the applicability of the reworked General Terms and Conditions within two (2) weeks after receipt of said notice, the amended General Terms and Conditions shall be deemed to be accepted by the MEMBER. Music2Deal shall inform the MEMBER about the MEMBER's right to object and of the relevance of the objection deadline in said notice.
10.3 Unless otherwise agreed in these General Terms and Conditions, the MEMBER may submit all notices to Music2Deal by email to info@music2deal.com or by using the contact form provided on most of the Music2Deal pages, or by letter. Music2Deal may send notices to the MEMBER by email or post to the addresses given in the MEMBER’s current contact data in his or her MEMBER account.
10.4 Should any regulation contained in this contract be or become invalid or in case there is any gap in the contract, the legal validity of all other regulations is maintained. In place of the voided regulation, a regulation shall be considered as valid which comes closest to the one chosen by the contracting MEMBERS; the same applies to a gap in the contract.
10.5 The place of performance under these General Terms and Conditions shall be Music2Deal's main place of business.
10.6 Place of jurisdiction, insofar as legally admissible, shall be the main place of business of Music2Deal.
10.7 These General Terms and Conditions and the contractual relationship shall be governed by German Law, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by German Law. Terms and Conditions on Data Protection of Music2Deal "Music2Deal” refers to the service provided subject to these General Terms and Conditions and/or Music2Deal e.k.. In these terms and conditions on data protection Music2Deal would like to inform you about how Music2Deal handles your personal data and how you can exchange this data with other MEMBERS of Music2Deal. These terms and conditions supplement the General Terms and Conditions for using Music2Deal provided on most of the Music2Deal pages.
