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§ 1
1.1
These T&Cs apply to all services offered to artists by releasy via the platform. The content can be accessed at any time in the currently valid version at https://music-releasy.com/company/creator-terms . For purchases via the artist account, the provisions of the User T&C (clauses 4-6) apply accordingly.
1.2
These T&C apply exculsivly. Deviating, conflicting or supplementary General Terms and Conditions of the Artist shall only become part of the contract if and insofar as releasy has expressly agreed to their validity.
1.3
releasy expressly reserves the right to amend these T&C. Amendments to these T&C shall become effective if the Artist does not object to the amendments in text form within one month of receipt of a notification of amendment and releasy has informed the Artist of this right of objection and the applicable deadline in the notification of amendment. If the Artist objects to the changes in text form, the previous T&Cs shall continue to apply. In this case, releasy is entitled to terminate the contractual relationship within two weeks of receipt of the objection. Excluded from this reservation of the right to make changes are such changes that relate to an obligation of one of the parties, the fulfilment of which makes the use of releasy possible in the first place and on the fulfilment of which the respective other party regularly relies or may rely ("essential contractual obligation").
§ 2
2.1
The main obligation of releasy is the provision of the Platform. releasy provides the Platform as it was available at the time of the Artist's registration ("as is"). The Artist is enabled via the platform to publish his or her own musical productions in accordance with these T&C and to make them available for downloading by end consumers. Apart from this, the Artist has no claim to a specific design or equipment of the Platform. releasy reserves the right to further develop the Platform at any time and to add or remove features in the course of this development as well as to change it in whole or in part or to discontinue it permanently or temporarily at its own equitable discretion (§ 315 BGB), taking into account the interests of the Artist, provided that this does not affect essential contractual obligations of releasys arising from the contractual relationship and that this is reasonable for the Artist; the procedure according to Item 1.3 applies accordingly.
2.2
releasy shall provide the Platform with an overall availability of 97% on an annual average. The availability shall be calculated minus the time periods attributable to necessary maintenance times. The platform is not available during the maintenance work.
2.3
releasy will only provide the technical platform for the content posted by the Artists. The content posted in this way by the Artists is third-party content for releasy. If, by way of exception, releasy provides its own content, this is expressly identified as such.
§ 3
3.1
Artists can become natural persons with unlimited legal capacity or entrepreneurs within the meaning of § 14 BGB. releasy reserves the right to refuse registration of an artist in individual cases without stating reasons.
3.2
By registering, the Artist accepts the T&C valid at that time by activating a checkbox during the sign-up process and declaring his or her agreement to the T&C. The registration as an Artist takes place via an electronic registration form on the website using a chosen user name and password. In order to avoid abusive registrations, the registration will be confirmed immediately after the form has been sent to releasy by e-mail to the e-mail address given in the sign-up form. The registration is completed and the artist profile activated via the link for activation contained therein. If the artist's data changes, the artist is obliged to update the information in his or her artist profile without delay.
3.3
The Artist is obliged to keep his or her password secret and must protect it from unauthorized use by third parties. The Artist is obliged to change the password at regular intervals. If the Artist becomes aware of any misuse of his or her access data, if there is a possibility or threat of such misuse, the Artist will inform releasy immediately. The Artist is liable for any misuse of his or her Artist profile; this does not apply if the Artist is not responsible for the misuse.
§ 4
4.1
The artist is enabled to publish music titles via the profile management. If the Artist wishes to publish music titles, he/she can upload the relevant pieces under the "Tracks" section. The pricing of music titles is at the artist's own discretion. Publication via the platform depends on the release by releasy. releasy reserves the right to refuse to publish a music title without giving reasons. The artist has no claim to the publication of a music title.
4.2
The Artist must ensure that he/she holds the necessary rights of use for all content uploaded for publication via the platform and that no third-party rights are infringed upon as a result.
4.3
If the Artist uploads content for publication, he/she grants releasy an irrevocable, non-exclusive right of use and exploitation in accordance with the following terms and conditions, which is unrestricted in terms of time, space and content. This includes in particular the right to edit, change and publish the contents via the platform, to distribute and in the course of this to sub-license the contents to third parties during the term of the contract.
§ 5
5.1
releasy is a technical service provider. The content published by artists via the platform is merely stored by releasy. releasy has no knowledge of the content; releasy does not control this content.
5.2
The hiring Artist shall be responsible for compliance with the statutory provisions with regard to the content posted. Each artist must observe the applicable law and protect the rights of third parties. In particular, the following are prohibited:
§ 6
6.1
The platform serves the publication and distribution of musical content. It is generally prohibited to distribute such content via the platform that impairs or infringes the rights of third parties. If there is any doubt as to whether content published via the platform is prohibited content in the aforementioned sense, the Customer Support can be contacted at any time with the matter: info@music-releasy.com. releasy will examine the matter promptly and take the necessary measures.
6.2
If there are justified doubts about the legality of the content published via the platform, releasy is entitled to block the content in question temporarily or permanently or to delete it from the platform. releasy is also entitled to exclude individual artists from using the platform temporarily or permanently if this is justified by objective reasons, for example the publication of illegal content.
6.3
releasy may, at its own reasonable discretion (§ 315 BGB) and with due regard to the interests of the artist, impose one or more sanctions on the person hiring the artist if he or she has violated these T&C or if there is good cause to do so. This is to be assumed in particular if the content published via the platform violates these T&C. The severity of the sanctions depends on the gravity of the respective violation. The sanction remains in force until the sanctioned action has been stopped by the artist and any risk of repetition has been eliminated.
6.4
Sanctions are possible: (i) the deactivation or blocking of individual functions or contents for the Artist concerned (ii) the blocking or deletion of the contents posted, (iii) the complete blocking of access to the Platform including the Member Profile and (iv) the complete deletion of an Account. The right of extraordinary termination for good cause by releasy remains unaffected by this as well as the assertion of further claims.
§ 7
7.1
For the content distributed via the platform, the Artist shall receive a commission in accordance with the applicable commission provisions of releasy. Additional payments initiated by users via the "Tip" function are available to the Artist.
7.2
Artists can view the sales generated by the distribution of their own content at any time under Account Payout "Total Sales".
7.3
The Artist can have the fees to which he/she is entitled paid out at any time, provided that the payment claim exceeds a minimum amount of 7 EUR. The payout is made by means of a cashless transfer to a Paypal account of the Artist to be named by the User. The distribution can be initiated at any time via the menu item "Payouts". If the Artist has submitted all the necessary data completely and correctly, the payout will be made by releasy by the 15th of the following month.
7.4
The invoice will be automatically sent to the Artist by e-mail after the distribution has been made. We also store the respective contract text on our servers.
7.5
The artist is responsible for the proper taxation of the payments received.
§ 8
8.1
The contractual relationship can be terminated by private contract at any time. For this it is sufficient if the artist selects the function "Delete Account" in the account management. The cancellation then becomes effective immediately. The rights of use and exploitation granted under Section 4 are not affected by the termination.
8.2
The right to extraordinary termination of membership for good cause (§ 314 BGB) remains unaffected. For releasy, good cause shall be deemed to exist in particular if the Artist culpably violates these T&C.
§ 9
9.1
The contractual relationship can be terminated at any time. For this purpose, it is sufficient for the artist to select the function "Delete Account" in the account management. The termination becomes effective immediately. The rights of use and exploitation granted under clause 4 are not affected by the termination.
9.2
The right to extraordinary termination of membership for good cause (§ 314 BGB) remains unaffected. For releasy, good cause shall be deemed to exist in particular if the Artist culpably violates these T&C’s.
§ 10
10.1
Unless otherwise provided for in these T&C, releasy shall be liable within the scope of using the platform in accordance with the following provisions.
10.2
releasy shall have unlimited liability for damages caused intentionally or through gross negligence by releasy or its legal representatives, executives, or simple vicarious agents.
10.3
In cases of slightly negligent violation of only insignificant contractual obligations, releasy shall not be liable. Moreover, releasy's liability for damages caused by slight negligence is limited to those damages that must typically be expected to occur within the framework of the respective contractual relationship (foreseeable damages typical for the contract). This also applies to slightly negligent breaches of duty by legal representatives, executive employees, or simple vicarious agents.
10.4
The above limitation of liability shall not apply in the case of fraudulent intent, in the case of bodily injury or personal damage, for the breach of guarantees and for claims arising from product liability.
10.5
For breaches of duty by the Artist, especially in the case of infringement of third-party trademarks, copyrights and rights to a name, the Artist himself/herself shall be exclusively liable. The Artist shall indemnify releasy upon first request from all payment claims of other artists and third parties that are asserted against releasy due to a violation of rights or a breach of contract by an artist. Upon first request, the Artist shall assume all reasonable costs incurred by releasy that result from such a violation of rights. This includes in particular the necessary costs of legal defense. This does not apply if the artist is not responsible for the infringement. Other claims of releasy against the artist remain unaffected by this.
10.6
The availability of the Platform pursuant to clause 2.2 may be temporarily restricted in whole or in part due to technical malfunctions for which releasy is not responsible or due to force majeure (failure of the power supply and/or Internet, fire, explosion, earthquake, storm, flooding, industrial action for which releasy is not responsible), as well as due to the performance of maintenance work that serves to maintain and improve the operability and functionality of the Platform. For the consequences of limited availability, releasy shall be liable exclusively within the scope of the availability promised to the Artist in the service description and only in accordance with clause 9.1.
§ 11
11.1
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict of laws provisions; Art. 3 EGBGB remains unaffected. If the Artist has his or her habitual residence in another country within the EU/EEA at the time of the establishment of membership, the application of mandatory legal provisions of that country shall remain unaffected by the choice of law made in these T&C.
11.2
releasy is entitled to transfer the membership with the Artist to a third party ("transfer of contract"). In this case, releasy will inform the Artist in writing (§ 126b BGB) at least one calendar month before the date of the transfer of contract. If the Artist declares the termination of his or her membership including any paid services in text form (§ 126b BGB) within one calendar month after receipt of this information, the membership shall end at the latest at the time of the transfer of contract. Otherwise, the membership with all rights and obligations will be transferred to the third party as it existed at the time of the transfer of contract between the Artist and releasy.
11.3
Oral collateral agreements have not been made. Amendments and supplements to these T&C and all declarations of the parties relating to membership must be in text form (§ 126b BGB). This also applies to the cancellation of the formal requirement.
11.4
Place of performance and jurisdiction is Cologne. releasy is entitled to assert claims against the artist at his or her general place of jurisdiction.