General terms and conditions
For the purpose of this agreement, "Music2Deal” refers to the service/s provided by the online platform Music2Deal.com as well as any other services provided in person by an authorised employee or contractor of Music2Deal or a third party affiliate of Music2Deal such as its associate company Music2Deal D&D UG (haftungsbeschränkt).
Preamble
By logging on to Music2Deal.com and/or any of its partner sites - 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 for the use of services provided by Music2Deal e.k., Rappstr. 2, 20146 Hamburg, Germany.
Additional contact information is available on the commercial registry data which can be found under imprint. The name of the authorized representatives of Music2Deal can be found under “Contact” by selecting the corresponding location.
The services or a bunch of 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.
We may revise these terms of use at any time by amending this page. These Terms and Conditions were last updated on 24th April 2019. Please check this page from time to time to take notice of any changes we make, as they are binding on you.
1. Subject Matter
Music2Deal offers the registered MEMBERS a business platform on the Internet that connects the members with other members and helps them to communicate about their business, their business interests which could include but is not limited to their offers and their needs. Music2Deal merely provides the MEMBERS with a platform which helps them establish contact with other MEMBERS and communicate about their offers and needs. Music2Deal only provides technical applications which allow MEMBERS to contact one another.1.1 With regards to the content or context of the communication between the members, Music2Deal does not participate to either understand or store the knowledge of such communication between the MEMBERS.
1.2 If the MEMBERS enter into agreements (with or without the knowledge of Music2Deal) with one another over Music2Deal or offsite or in private, Music2Deal shall not be a contracting party to such agreements. The MEMBERS are responsible for the execution and/or fulfilment of agreements 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.
1.3 Furthermore, Music2Deal shall not be liable for breaches of duty in relation to agreements entered into between MEMBERS with one another.
1.4 The MEMBER acknowledges and agrees that it is technically impossible to achieve 100% availability of Music2Deal. Music2Deal shall nonetheless endeavour to keep Music2Deal.com available without interruption. 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.
1.5 Even when Music2Deal is available it does not guarantee that the website, or any content on it, will always be available or be uninterrupted.
1.6 Access to the website is permitted on a temporary basis only. Music2Deal may suspend, withdraw, discontinue or change all or any part of the website without notice to the Member.
1.7 Music2Deal will not be liable to the Member if for any reason the website or any of its content is unavailable at any time for any amount of period.
1.8 The website – Music2Deal.com may be accessed by any computer device, including mobile and tablet devices. The website is designed and tested with most commonly available modern browsers, however some of the website features and functionalities may not be compatible with older or certain browser types as well as with certain mobile devices and/or tablets.
1.9 With a membership on Music2Deal the member will by default receive a regular newsletter as well as other notifications concerning their membership (e.g.: statistics). The user can unsubscribe from the newsletter by clicking on the “unsubscribe” link in the newsletter. The user can also unsubscribe from all notifications on the “Settings” tab provided to the user on his/her Music2Deal profile.
1.10 Group moderators on Music2Deal are entitled to choose their members. They may freely choose whether or not a MEMBER may join their group.
1.11 Any use of the services and contents offered on Music2Deal beyond the scope of options/features provided by Music2Deal requires the prior written consent of Music2Deal.
1.12 Music2Deal shall make available to other third parties the data and/or information provided by the MEMBER in such manner that the data and/or information does not violate any laws or these General terms and conditions.
1.13 Music2Deal is entitled to remove any illegal or prohibited data and/or information from Music2Deal without any 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/her data which he/she provided for registration is true, accurate and complete. If an error is detected or if there is a change in circumstances, then the MEMBER shall report any such errors or changes in the registration data to Music2Deal without any undue delay.
2.3 The MEMBER warrants and represents that he or she is of legal age and working with the music business or music in the broadest sense (i.e. - he/she has something to do with music in a professional way within a broad context) 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 unless otherwise required specifically by a legal court order or under any other form of a legal obligation or to meet a particular legal compliance/s.
2.5 By completing the registration process, the MEMBER consents to enter the agreement to use the services of Music2Deal. Music2Deal counter consents to this agreement by activating the membership of the member for the use of services on Music2Deal. The conclusion and execution of 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 that he or she purports to be. Therefore, music2deal assumes no liability for the actual identity of a MEMBER. Each MEMBER is solely responsible for cross checking and doing the required due diligence to check the actual identity of the other MEMBER he/she wants to communicate with.
3. Memberships, Membership Points & Payments
3.1 A registered MEMBER will always start with a basic membership unless decided independently by Music2Deal at its own discretion. A basic membership is free to use however a basic membership does not allow the member to use all the features of Music2Deal.
3.2 Once the member is comfortable with a basic membership, he/she can then upgrade to one of the various available Premium Memberships. Premium Memberships have different price bands from which the member can as per his/her needs choose any one.
3.3 With the Basic Membership, the member can for FREE access (and listen to) the music offers and needs uploaded by other members on music2deal. The basic member can also upload one music offer, up to 10 needs, display their own profile and lastly communicate with other users.
3.4 A basic membership is for FREE whereas the premium memberships are offered at different price bands which have to be paid with Membership Points. Membership Points are comparable to an internal currency which the Music2Deal system uses because of the ease of application as well as scalability of the technology tools. The fees and the exchange rates for the Membership Points listed under the pages "Prices", “Upgrade” and “My Account” are binding.
3.5 Fees may be different for each territory. A MEMBER must pay the fees for the territory in which hr/she lives and/or are registered from - as a location on Music2Deal. They can´t pay a different territory's fee and must abide to the fees as displayed to them on the system. In case 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 by default.
3.6 MEMBERS can buy Membership Points using conventional payment methods such as credit cards or debit cards or online systems as stipulated by Music2Deal from time-to-time. Music2Deal reserves the right to innovate and apply futuristic payment methods such as cryptocurrency, digital currency, etc.
3.7 MEMBERS can also earn Membership Points by voting for music uploaded by other members, being voted by other members (for music offers uploaded by the members themselves) or by inviting music industry friends to their network on Music2Deal. The registration of Music Industry friends invited by the members are accepted by Music2Deal keeping in line with the general criteria of membership acceptance set out in the Music2Deal Internal Policy on Acceptance of Members.
3.8 Unused Membership Points bought OR earned by the member expire 24 months after the date of purchase or earning. The expiry date of Membership Points is noted by default on the system and the member will be unable to change this for any reason whatsoever.
3.9 Membership Points are non-refundable into other currencies at any time except for situations where Membership Points are purchased yet are unused due to an acceptable reason. Such Membership Points can be refunded within 14 days of the invoice date. All refund requests must be submitted in writing by letter, email or through our contact page citing an acceptable reason.
3.10 A member can upgrade or downgrade his membership at any time using the tab “My Account” within the member's profile page. By downgrading to a lower membership, the corresponding purchased or earned Membership Points will be subtracted from the current Membership Points of a Member as per the proportionate amount of Membership Points mentioned.
3.11 There is no term for Basic and the Premium Membership plans. The Premium Membership plan automatically ends if there are not enough Membership Points. In case the member does not purchase or earn enough Membership Points to keep the Premium Membership going then in that case, the premium membership becomes a Basic Membership plan.
3.12 The memberships with their corresponding featured and the prices can call up, print out, download and or save at any time under the “Rates” link that appears on all Music2Deal pages.
3.13 Invoices will be available to the MEMBER when he/she clicks on “My Account” tab and further clicks “Payments”. All invoices will be made available for a period of one (1) year from the date of invoicing.
- Payments for the Premium Membership shall be due immediately upon invoicing.
- Payment can be made using the various payment processes available
i.e. - Via the accepted credit cards, or the available online payment systems. If Music2Deal is unable to collect fees from an account designated by the MEMBER due to lack of funds, the MEMBER shall bear all costs arising from as well as including but not limited to just 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.
4. Right of cancellation
4.1 The MEMBER may cancel registration for the Basic or Premium Membership in writing (e.g. by letter or e-mail) within two (2) weeks without stating a reason. The 2-week period begins when the membership is activated by Music2Deal.
4.2 The MEMBER may cancel registration for the Premium Membership in writing (e.g. by post or e-mail) within two (2) weeks without stating a reason, after changing from Basic Membership to Premium Membership. The 2-week period begins when Premium Membership is activated by Music2Deal.
4.3 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 also deliver notice of termination using the contact form available on most Music2Deal pages, or by sending an e-mail to support@music2deal.com.
The MEMBER’s right of termination under section 8 shall not be affected by the MEMBER’s cancellation right under the section 3.
Premature lapse of the right of cancellation -
4.4. 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.
4.5 The MEMBER must fulfil obligations for refunding within 30 days after dispatch of the cancellation notice.
5. Extent of Rights.
MEMBER transfers all necessary rights for the fulfilment of this contract to Music2Deal. This includes:
5.1 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.
5.2 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.
6. Obligations of the MEMBER.
The MEMBER is obliged:
6.1 To provide only true and non-misleading statements in the MEMBER profile and in communications with other MEMBERS;
6.2 That their provided material is not being restricted in terms of copyright. That such material does not violate any other person's rights. That such material is permissible to be uploaded on Music2Deal.com and does not need the authorization of any particular law making body or society or agency (e.g. copyright, trademark, patent, utility patent, or design patent laws)
6.3 That the use of such material on Music2Deal does not violate any particular law with regards to advertising, promotions, offering for sale or distribution.
6.4 That all the data uploaded by the member as well as comments or the compositions and texts/lyrics do not contain any material which is offensive, obscene or in any way illegal;
6.5 The content uploaded by the member will not instigate 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 such data which is being uploaded to the Music2Deal.com website or provided otherwise to Music2Deal such that it does not disturb the Music2Deal website or data, nor the computer or data of Music2Deal's other customers and MEMBERS, that it does not contain any viruses and is technically sound;
6.6 To not unreasonably annoy (particularly with spam) or engage in offensive or sexually oriented communication (explicit or implicit) with any other Music2Deal MEMBERS;
6.7 To not use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling, pyramid sales, email or messenger marketing to other members, etc);
6.8 To not do any blocking, overwriting, modifying and/or copying of any content of Music2Deal, unless said actions are necessary for the proper use of the services on Music2Deal;
6.9 To not do any distribution or public disclosure of the contents of the Music2Deal Web Site as well as the website of that of any other MEMBER;
6.10 To not use any insulting or defamatory content, regardless of whether the said content is directed at another Member or Music2Deal's personnel or other companies;
7. Warranty, Liability and Indemnity
7.1 Music2Deal is liable for any damage only in the case of intentional and culpable negligence. Liability is restricted to the damage predictable at the time of contracting.
7.2 Music2Deal is not liable for:
- any delay in respect of uploading (upgrading, price changes, or payment)
- economic losses (arising out of or in connection with this agreement)
- damage of reputation or loss of goodwill
7.3 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.
7.4 Music2Deal does not make any warranties or representations regarding any data and/or information provided or made available by any MEMBER on Music2Deal as well as on any external websites linked to them. In particular, Music2Deal does not warrant or represent that the said data and/or information is true or accurate, or that it fulfils or serves any particular purpose whatsoever. Music2Deal encourages members to deploy their own due diligence.
7.5 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 content 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.
7.6 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 the 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.
7.7 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 and Reimbursement of Advance Payments
8.1 The MEMBER may terminate the Membership at any time without a cause. The MEMBER may deliver notice of termination using the contact form available on most Music2Deal pages or by sending an e-mail to support@music2deal.com at any time. The termination notice shall include the MEMBER’s registered name and an e-mail address of the MEMBER registered on the Music2Deal Web sites.
8.2 After the member has initiated the cancellation process of the contract, Music2Deal may ask the member one last time about the reason for the cancellation. The reason for this is just to be sure that the member really wants to cancel his/her membership. On initiating the cancellation process the member acknowledges that deleting the members' account will result in a permanent deletion of all existing data of the member on Music2Deal. The member also acknowledges and agrees that such data cannot be recovered back for any reason whatsoever.
8.3 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:
- If the MEMBER fails to comply with any applicable legal provisions
- If the MEMBER breaches a contractual obligation, in particular an obligation set forth in sections 2 and 5 of these General Terms and Conditions.
- If the reputation of Music2Deal is substantially impaired by the online presence of the MEMBER
- If the MEMBER causes harm to any other MEMBER(s) by any means whatsoever.
8.4 In the event of a good cause in accordance with notwithstanding Music2Deal's right to terminate the contract and in accordance with section 8.3, Music2Deal is entitled to:
- Delete the contents posted by the MEMBER
- Issue a warning, and/or Block the MEMBER's access to the services on 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 all such data. Music2Deal shall comply with all applicable legal provisions regarding the 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 Privacy Policy Agreement of Music2Deal which is accessible from most of the Music2Deal pages. You can also view it by clicking here10. Final Provisions
10.1 This contract and any modifications in addition must be made 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. In such an instance, 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 the said notice.
10.3 Unless otherwise agreed in these General Terms and Conditions, the MEMBER may submit all notices to Music2Deal by e-mail to support@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 e-mail 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 will be 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, as legally admissible, shall be the main place of business of Music2Deal – Hamburg, Germany.
10.7 These General Terms and Conditions and the contractual relationship shall be governed by the 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.
10.8 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. and or its subsidiaries or associate companies. 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.