releasy terms and conditions
(hereinafter referred to as “T&C“)
§ 1
General Provisions
1.1
These T&Cs apply to all services offered by releasy via the platform. The contents can accessed any time in the current version at https://music-releasy.com/userterms
1.2
These T&C apply exclusively. Deviating, conflicting or supplementary General Terms and Conditions of Business of the users 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 user does not object to the amendments in text form within one month after receipt of a notification of amendment and releasy has informed the user of this right of objection and the applicable deadline in the notification of amendment. If the user objects to the amendment in text form, the previous T&C 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 amendments are such amendments 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
Service specification and availability
2.1
The main obligation of releasy is to provide the platform. releasy shall provide the platform as it was available at the time of the user's registration ("as is"). The User is enabled to search the platform for content, e.g. for specific titles, albums, artists, labels or genres. For the respective content provided, the User is provided with a sound sample in web player format. Apart from this, the User has no claim to a specific design or features 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, as well as to change it in whole or in part or to discontinue it permanently or temporarily at its own reasonable discretion (§ 315 German Civil Code), taking into account the interests of the User, provided that this does not affect releasys' essential contractual obligations arising from the contractual relationship and provided that this is reasonable for the User; the procedure pursuant to 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 periods. The platform is not available during the maintenance work.
2.3
releasy merely provides the technical platform for the content posted by the artists or third parties commissioned by you. The content posted by these persons is third-party content for releasy. If, by way of exception, releasy provides its own content, this is expressly identified as such.
§ 3
Registration process
3.1
Users can become natural persons with unrestricted legal competency; other persons require the consent of their legal representative to use the platform. releasy reserves the right to refuse registration of a user in individual cases without stating reasons.
3.2
By registering, the user accepts the T&Cs valid at that time by activating a checkbox during the sign-up process and declaring his agreement to the T&Cs. Registration as a user is carried out via an electronic registration form on the website using a selected username and password. In order to prevent 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 user profile activated via the link for activation contained therein. Should the user's data change, the user is obliged to update the information in his user profile without delay.
3.3
The user is obliged to keep his password secret and must protect it from unauthorized use by third parties. The user is obliged to change the password at regular intervals. If the user becomes aware of any misuse of his access data, if there is a possibility or threat of such misuse, the user shall inform releasy immediately. The user shall be liable for any misuse of his user profile; this shall not apply if the user is not responsible for the misuse.
§ 4
Right of revocation and cancellation policy
4.1
When concluding a distance selling transaction, consumers generally have a statutory right of revocation, about which releasy provides information below in accordance with the statutory model. If you (1) have expressly agreed that releasy shall begin with the execution of the contract before the expiry of the statutory revocation period and (2) have confirmed that you lose the right of revocation through your consent with the beginning of the execution of the contract, your right of revocation shall expire with the execution of the contract (§§ 312f para.3, 356 para.5 BGB).
Revocation instruction
Users have the right to revoke the purchase contracts concluded via releasy within fourteen days without stating reasons. The revocation period is fourteen days from the date of conclusion of the contract. In order to exercise your right of revocation, you must inform us, the Releasy UG (haftungsbeschränkt), Bistritzer Strasse 67, 50858 Köln I info@music-releasy.com by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may use the sample revocation form below, but this is not mandatory. In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
In the event of an effective revocation, the services received by both parties are to be returned and any benefits derived (e.g. interest) surrendered. If you are not able to return or surrender the received services and benefits (e.g. advantages of use) or only partially or in a deteriorated condition, you must compensate us for the value. This can lead to the fact that you must nevertheless fulfil the contractual payment obligations for the period until the revocation. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation declaration, for us with its receipt. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged for this refund.
- End of the revocation policy -
Sample revocation form
(If you want to revoke a purchase, please fill out this form and send it back to us)
To:
Releasy UG (limited liability), Bistritzer Strasse 67, 50858 Cologne
I/we (*) hereby revoke the contract concluded by me/us (*) for the platform releasy
Completed on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of communication on paper)
Date
_________________________
(*) Delete as applicable.
§ 5
Title purchase, payment methods and invoicing
5.1
Registered users can purchase the titles displayed via the platform in the formats available at the time. The details and characteristics of the respective title such as price, quality, format, etc. can be found in the respective title description. If a purchase is made, the title is made available exclusively by enabling a download. releasy's obligation to make the respective title available is fulfilled when the User has completely downloaded the respective title. The User may download the title thus acquired via the platform.
5.2
The purchase process is structured as follows: The titles selected by the customer for purchase can be placed in the shopping cart by clicking on the red price button. The titles placed in the shopping cart can be viewed and corrected at any time by clicking on the shopping cart symbol. After the selection of an item, the user will be provided with a clear summary of the main title details in the shopping cart, including the costs incurred and taxes included. This allows the user to check and correct his selection for completeness and correctness. Furthermore, the user is given the opportunity to give the artist a tip at his own discretion via the "Give Tip" section. By clicking on the "Checkout" button, the User is taken to an input mask where he/she can enter his/her invoice details and select the payment method. With a click on the "Continue" button, the customer is directed to the selected payment service provider. By clicking on the "Buy Now" button, the User submits a binding offer to purchase the titles placed in the shopping cart. By displaying the "Download Zip" button, releasy accepts the offer, which results in a contract for the purchase of the respective titles.
5.3
releasy offers the following payment methods for the fulfilment of the payment obligation: Paypal, SEPA direct debit mandate or by credit card. If the User chooses payment by SEPA direct debit, he/she authorizes releasy to collect the amounts due for the purchase of the titles or other invoice amounts and/or subscription fees from the account designated by IBAN and BIC (Swift Code) via SEPA direct debit. releasy reserves the right to offer other payment methods in the future as a supplement or replacement.
5.4
If the User is in arrears with a payment, releasy is entitled to block access to the User's account until the outstanding debt is settled.
5.5
After successful completion of the purchase, the invoice will be made available to the User for download via the "Invoice" button, via confirmation e-mail and can be downloaded at any time in the account management under the menu item "Orders".
§ 6
Rights of use
6.1
All titles offered via the platform are protected under copyright, trademark, name and, if applicable, other legal aspects. releasy grants the user a simple and non-transferable right of use to the titles acquired in accordance with this clause 6, to use the titles for your personal, non-commercial use and to load them onto your computer or other terminal equipment for this purpose. The granting expressly includes the right to publicly reproduce the titles within the scope of a DJ set. Any use of the titles beyond this granting of rights is not permitted.
6.2
The user is not permitted to modify, disassemble, convert, change, alienate the acquired titles and to pass them on, make them available, exchange them and/or use them commercially in any way - outside of the scope determined by clause 7.1 - on the Internet or other networks, either for a fee or free of charge.
6.3
If a third party makes unauthorized use of the authorization to which the User is entitled to subscribe and use the titles acquired via the platform, for reasons for which the User is responsible, the User is obligated to compensate releasy and the other rights holders (e.g. the affected artist) for the damage caused thereby.
§ 7
Termination and deletion of user accounts
7.1
The contractual relationship via the user account can be terminated by private contract at any time. For this purpose, it is sufficient for the user to select the function "delete my account" in the section "Account I Danger Zone" in the account management. The Termination then becomes effective immediately.
7.2
The right to extraordinary termination of membership for good cause (§ 314 BGB) remains unaffected. Good cause shall be deemed to exist for releasy in particular if the User (1) repeatedly declares the consumer revocation to be abusive or culpably violates these T&C despite a warning from releasy.
§ 8
Liability
8.1
Unless otherwise provided in these T&C, releasy shall be liable within the scope of using the platform in accordance with the following provisions.
8.2
releasy shall have unlimited liability for damages caused intentionally or through gross negligence by releasy or its legal representatives, executives or simple vicarious agents.
8.3
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.
8.4
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.
8.5
For breaches of duty on the part of the user, in particular in the case of infringement of third-party trademarks, copyrights and rights to names, the user himself is exclusively liable. The user shall indemnify releasy upon first request from all claims of other users and third parties directed towards payment that are asserted against releasy due to a violation of rights or a breach of contract by a user. The user shall assume on first request 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 user is not responsible for the infringement. Other claims of releasy against the user remain unaffected by this.
8.6
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 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 an availability promised to the user in the service description and only in accordance with the provisions of clause 7.1.
§ 9
Final provisions
9.1
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 user has his habitual residence in another country within the EU/EEA at the time of the establishment of membership, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in these T&C.
9.2
The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. Further information is available under the following link: https://ec.europa.eu/consumers/odr. releasy is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
9.3
releasy is entitled to transfer the membership with the user to a third party ("transfer of contract"). In this case, releasy shall inform the User in writing (§ 126b BGB) at least one calendar month before the date of the transfer of the contract. If the user 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 shall pass to the third party as it existed at the time of the transfer of the contract between the user and releasy.
9.4
Oral collateral agreements have not been made. Amendments and supplements to these T&C and all declarations of the parties relating to membership require text form (§ 126b BGB). This also applies to the cancellation of the formal requirement.