In the following general terms and conditions (hereinafter “GTC”), artists/labels (hereinafter: users) find the provisions for the use of the online platform https://www.SongPush.com/, which is operated by SongPush Media GmbH, Akazienstraße 3a, 10823 Berlin (hereinafter: SongPush).
Preamble
By using SongPush, artists/labels (hereinafter: users) can place their music in user-generated content in creators' posts and streams on various social media platforms (hereinafter: campaigns).
The user can select a campaign type and provide a campaign budget. SongPush evaluates campaigns, which enable scalability for the user.
For more information, see: https://www.songpush.com/artists
§ 1 Scope
(1) The following provisions apply to registration and use of the SongPush platform and the ordering of campaigns via the SongPush platform.
(2) By registering, the user acknowledges the provisions as binding for himself and his vicarious agents. SongPush does not recognize any contradictory or deviate from these terms and conditions, unless SongPush expressly agrees to their validity.
(3) The user can access, print and/or download these terms and conditions at any time at https://www.songpush.com/agbs.
(4) Services provided by third parties, which are subject to separate conditions, are used to use all functions of the SongPush platform. Deposits and withdrawals are processed via the Mangopay electronic payment system, which is operated by Mangopay Leetchi Corp. S.A., 14 Rue Aldringen, L-1118 Luxembourg. It is an electronic money institution authorized and supervised in Luxembourg under the provisions of the CSSF (No. W00000005). Mangopay's rules for using the electronic payment system are available at https://www.songpush.com/mangopay-agbs. These terms and conditions must be accepted separately when the user creates their credit account.
§ 2 Requirements for use Registration, Entrepreneurial Status and Verification
(1) SongPush is commissioned solely and exclusively via the platform https://www.songpush.com. The use of the SongPush platform requires successful registration by the user.
(2) All offers from SongPush are aimed exclusively at taxable entrepreneurs within the meaning of § 2 para. 1 UStG and Art. 9 VAT system with a minimum age of 16 years. According to this, an entrepreneur is anyone who carries out a commercial or professional activity independently, regardless of whether he has legal capacity under other regulations. Anyone who carries out an economic activity independently of its location, purpose and result is considered to be taxable.
(3) As part of the registration process, the user must also verify himself via Spotify for Artists. To do this, the user needs a public Spotify artist profile. The exact verification process results from the registration process.
(4) The user needs a credit account with the payment service provider Mangopay. The contract between Mangopay and the user can be concluded as part of registration on the SongPush platform.
§ 3 Scope of service
SongPush offers the user access to the platform during the contract period https://www.songpush.com. The user can commission SongPush to carry out campaigns. More detailed information about SongPush's services is available at https://www.songpush.com/artists.
§ 4 Transfer of order, vicarious agents
(1) SongPush is entitled to transfer the execution of the campaign in part or in full to a third party for independent execution, with the result that a contractual relationship is established directly between the user and the third party (substitution). SongPush is not required to monitor the third party when carrying out the campaign. In the event of a transfer, SongPush is only liable for its own fault in transferring and instructing the third party.
(2) SongPush is also entitled to use vicarious agents to carry out the order. SongPush is responsible for the fault of a vicarious agent in accordance with Section 278 BGB; the limitation of liability in accordance with Section 10 applies.
§ 5 Commissioning a campaign, conclusion of contract, duration of contract
(1) The user instructs SongPush to carry out one or more campaigns via the SongPush platform by launching a new campaign there. All order-relevant details, such as the duration of the campaign and costs of the campaign, are displayed to the user in his user account when ordering.
(2) Contract execution begins when the user has stored all relevant information for carrying out the campaign and has paid in the campaign budget.
For individual campaign types, it is also necessary for the user to provide a one-page offer upon conclusion of a license agreement on the SongPush platform.
(3) As part of the assignment via the SongPush platform, the user can issue individual requirements (instructions), for example with regard to the granting of usage rights, or exclude individual creators from carrying out a campaign.
(4) The order ends with full execution by SongPush, but no later than after the end of the agreed campaign period or when the agreed campaign budget has been used up.
§ 6 Obligations of SongPush
(1) SongPush writes out the selected campaign type to creators for fulfillment.
(2) SongPush is obliged to comply with the user's instructions arising from the order. SongPush is entitled to deviate from an instruction if, under the circumstances, it can be assumed that the user would accept a deviation from the instruction if the facts were known.
(3) SongPush provides the user with the details of a commissioned campaign. These can be viewed in the user account at any time.
§ 7 Duties of the user
(1) The user guarantees to SongPush that he will provide all requested data completely and correctly when registering. Changes to contact, communication, banking and tax-relevant data must be updated immediately in the user account.
(2) The password and general login details must be kept secret. Access to the user account is reserved for account holders and other authorized representatives. The user undertakes to inform SongPush immediately if there is evidence of misuse of his user account.
(3) The user is obliged to independently save and archive all data, information and contracts stored in his customer account that he currently or will need in the future for evidentiary purposes, for his own accounting or other purposes.
(4) Users may not use the addresses, email addresses and other contact details of other users that they obtain through the use of the SongPush platform for any purpose other than for contractual and pre-contractual communication via https://www.SongPush.com. In particular, it is prohibited to resell this data, publish it, or use it to send advertising.
§ 8 Violations of law by users; exemption clause
(1) The user guarantees to SongPush that the content made available via his user account does not infringe the rights of third parties. In particular, the user shall ensure, on his own responsibility and for his own account, that no competition, copyright or other regulations are violated.
(2) SongPush expressly does not control the content of the music videos/songs, in particular there is also no control with regard to the existence of third-party rights.
(3) The user is obliged to indemnify SongPush from third-party claims for violations of copyright, competition law or other proprietary rights of third parties upon first request. All costs of necessary legal defense are included. In the event of claims made by third parties that are not obviously ineffective, SongPush has a right to withhold funds in the user account.
§ 9 Competition protection clause
(1) No other direct or indirect business relationship may be entered into with the creators who have become known via SongPush. In this respect, attempts to establish a business relationship are also prohibited. This competition clause is valid for a period of one year after the end of the last campaign carried out. Unless a campaign has been carried out, this clause applies from the time of effective login to SongPush.
(2) In the event of a culpable infringement of the obligation set out in § 10 (1) in the future, a contractual penalty to be determined by SongPush at its reasonable discretion and to be reviewed by the competent jurisdiction in the event of a dispute must be paid by the user to SongPush.
§ 10 SongPush Disclaimer
(1) Any liability on the part of SongPush is excluded. This does not apply to damage resulting from injury to life, limb or health based on a negligent breach of duty by SongPush or an intentional or negligent breach of duty by a legal representative or vicarious agent of SongPush; this also does not apply to other damage resulting from a grossly negligent breach of duty on the part of SongPush or an intentional or grossly negligent breach of duty by a legal representative or vicarious obligation Based on SongPush tools.
In particular, SongPush is not liable for damage resulting from the user having incorrectly entered or kept their contact and/or communication and/or bank details up to date.
(2) According to the current state of technology, data communication via the Internet cannot be guaranteed to be consistently error-free and/or available at all times. In this respect, SongPush is not liable for the continuous and uninterrupted availability of https://www.SongPush.com. SongPush also reserves the right to restrict availability if this is necessary to carry out technical measures and to ensure the proper or improved provision of services (maintenance work). The maintenance work can take up to two hours per week. In these cases, SongPush takes into account the legitimate interests of users. The provision under § 11 (1) remains unaffected. Outside the estimated maintenance times, SongPush guarantees website availability of 99% per year.
§ 11 Deleting the user account/blocking
(1) Users can request that their user account be deleted from their user account. SongPush will implement the deletion request as soon as no campaign is carried out, offered or processed and the user has had the money paid out from their credit account to their account.
(2) SongPush reserves the right to block the customer account for factual reasons. There is a factual reason in particular, but not exhaustive, if the user breaches his obligations under these terms and conditions.
§ 12 Final Provisions
(1) Berlin is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship with the user or from these terms and conditions.
(2) All content created by SongPush is subject to comprehensive legal copyright. All rights are reserved.
(3) Further agreements between the parties must be made in writing.
(4) SongPush reserves the right to amend these terms and conditions for factual reasons. These reasons may consist of legislative changes, changes in case law, changes in economic conditions or changes to SongPush's portfolio. Any change to the terms and conditions will be notified to the user in good time in an appropriate form (for example by e-mail or by message within his user account). Contracts concluded between the user and SongPush are subject to these terms and conditions, in the version valid at the time of conclusion.
(5) German law applies. The application of UN Sales Law (United Nations Convention on Contracts for International Sale of Goods of 11.04.1980 - CISG) is excluded.
(6) Insofar as one or more clauses are or become invalid, the remaining clauses shall not be affected.
