Songs.de
General Terms and Conditions of Use

I. General
1. the operator of songs.de ("we") is
songs media reese GmbH
Bogenstr. 68, 20253 Hamburg
Songs.de is a streaming platform for digital musical and audiovisual content.
2. These General Terms and Conditions of Business and Use shall apply to the use of the internet portal "Songs.de" (accessible under the internet domain "Songs.de", any further internet addresses and/or applications; hereinafter collectively referred to as "Songs.de") and the business relationship between us and the users. We hereby object to any deviating terms and conditions or contractual offers of the user. Supplementary regulations may apply to individual services or functions, which will be agreed separately with the user.
3. "User" within the meaning of these terms and conditions of business and use is anyone who uses Songs.de, in particular anyone who offers the streaming of musical and audiovisual content via Songs.de or acquires the right to stream audiovisual content. Insofar as we ourselves offer rights of use via Songs.de, we shall also be deemed to be users.
II. Services
Via Songs.de, registered users can offer us the right to stream musical and audiovisual content (hereinafter also referred to as "Works") or acquire from us the right to stream audiovisual content.
III Registration and Termination
1. registration is required in order to use Songs.de. Registration is open to natural persons with full legal capacity and to legal entities and partnerships with legal capacity. Registration is effected by setting up a user account and agreeing to these terms and conditions of use. The user agreement comes into effect with the confirmation of the registration. The confirmation takes place through the sending of a confirmation email by us and the activation of the user account by the user. There is no claim to the conclusion of a user agreement.
2. Users must provide truthful and (if necessary for registration) complete data when registering. We reserve the right to verify the accuracy of the registration information by legally permissible means. Users are obliged to update the registration data immediately in the event of changes.
3. When creating a user account, users choose a user name and password. The user name is visible in particular when communicating with other users. It may not contain any e-mail or Internet addresses or telephone numbers, may not violate applicable law or the rights of third parties - in particular human rights, trademark rights or personal rights - and may not offend common decency.
4. The user may terminate the user agreement at any time by deleting his user account. Termination of the user agreement shall not affect the rights and obligations arising from contracts already concluded with songs.de.
5. Upon termination of the user agreement by the user, we are entitled to initially deactivate the user account for a period of 90 days and to give the user the opportunity to reactivate his user account by logging in again during the 90 days. After expiry of the 90 days without reactivation of the user account, we are entitled and obliged to delete the user account concerned together with all content and any credit balances.
6. We have the right to terminate the user relationship without notice if there is good cause for termination. Good cause shall be deemed to exist in particular if a customer has culpably violated these Terms and Conditions of Use or other legal provisions in a significant manner or repeatedly. Violations by third parties acting at the instigation of a user are equivalent to such a violation. A pro rata refund of the remuneration shall not be made in the event of termination for good cause for which the user is responsible.
IV. General obligations of users
1. Users are solely responsible for the content they publish via Songs.de and the information contained therein. When using Songs.de, users must not violate any applicable legal provisions or contractual provisions. In particular, users may not infringe the rights of third parties (e.g. personal rights, copyrights, industrial property rights or other rights).
2. Users shall keep confidential data, in particular passwords, secret. In the event of misuse or suspicion of misuse, songs.de shall be informed immediately.
3. The user shall indemnify us against all damages and expenses incurred by us as a result of infringements for which the user is responsible. Subject to further claims and rights, we reserve the right to block or delete content that violates these terms and conditions or legal provisions without prior notice.
4. Subject to further claims and rights, we reserve the right to block or delete content that violates these terms and conditions or legal provisions without prior notice. We shall also be entitled to block content until the factual and legal situation has been clarified if third parties claim an infringement of rights against us or if we otherwise become aware of the suspicion of an infringement of rights.
5. The user will only use content published on Songs.de on the basis of a valid grant of rights. Use without a valid licence agreement - whether for private or commercial purposes - is prohibited. Excluded from this are the technically necessary acts of exploitation in the context of viewing our internet pages (duplication in the browser cache).
V. Offer and acquisition of rights of use
1. With the transmission of a work for the purpose of publication and distribution via Songs.de, the user (in this case referred to as the "Provider") makes an offer to us to take over the distribution of the work via our Internet pages, as well as an offer to the other songs.de users to acquire rights of use to the work to the extent selected in each case at the time of uploading, at the conditions selected in each case by the Provider. In the absence of an express agreement on the scope of the rights to be granted to the songs.de user, the Provider commissions songs.de to offer the streaming of its works to the songs.de users. We are entitled to refuse the distribution without giving reasons. The provider is bound to his offer as long as he maintains the respective offer, unless we have refused the publication of the work.
2. If we accept the provider's offer of distribution, we will publish the work on Songs.de.
3. Songs.de users can accept offers to the extent selected in each case by confirming the "play now" button. The contract on the acquisition of rights comes into effect when the user's declaration of acceptance (in this case referred to as the "acquirer") has been recorded in our system.
4. The contractual content of the agreement between songs.de and the acquirer shall be determined by the offer options selected in each case and the scope of rights selected in each case. Other options than those technically offered by songs.de shall not become part of the contract.
5. By submitting his declaration of acceptance, the user declares that he wishes to acquire the respective desired rights of use and to pay the remuneration due for this. The purchaser shall pay the remuneration to the provider by means of one of the payment options offered in each case, whereby the user shall as a rule replenish a credit account on the platform. The selection of the respective payment option is binding for the purchaser.
6. All rights of use acquired via Songs.de are subject to full payment for use. Any prior exploitation of the work is unauthorised.
7. Upon successful conclusion of the contract, the Provider shall be obliged to pay the commission to songs.de, which shall be shown in the context of the upload of the works. The conclusion of the contract via Songs.de is equivalent to the conclusion of the contract by bypassing Songs.de.
8. Subject to any agreement to the contrary, the purchaser may retrieve the works to which he/she has acquired rights of use exclusively in electronic form via our internet pages, whereby the prices shown on our platform allow the purchaser to stream the respective work once. Further claims, in particular for the provision of copies or data carriers, do not exist.
VI. rights of use to works
1. By submitting a work to us, the provider assures that he alone is entitled to dispose of the rights of use under copyright law and all other rights to the contents of the work and that he has not made any agreements or dispositions to date and will not make any agreements or dispositions to date which conflict with the exploitation of his work in accordance with the agreement. The Provider warrants that it has obtained the consent of all persons involved in the Work or persons depicted therein (e.g. performing artists) to the exploitation via Songs.de. The provider shall indemnify us against all damages and expenses incurred by us as a result of the infringement of third party rights due to works transmitted.
2. The purchaser assures that he/she will only exercise the respectively acquired rights of use to the respectively permissible extent. It is pointed out to the purchaser that an exploitation not covered by the respective granting of rights may give rise to injunctive relief, claims for information and claims for damages on the part of the rights holder.
3. We are not obliged to check works offered by third parties via Songs.de for any infringements of rights and are in this respect exempt from any liability towards the provider, the purchaser and any third parties entitled to use the works on the basis of the provider's grant of rights.
4. Subject to a deviating express agreement with the respective provider, the remuneration shall cover the granting of simple, non-exclusive rights of use for the one-time streaming of the respective accepted offer for non-commercial purposes. Any further use, in particular recording, duplication, provision for retrieval, synchronisation, editing or commercial use requires an express additional grant of rights. Transfer of rights of use as well as sub-licensing require the prior written consent of songs.de and the respective provider. At the end of the right of use, the acquirer is obliged to delete any files stored in his domain together with any existing copies.
5. In the event of unauthorised use, the user shall be obliged to compensate songs.de and the respective Provider for such use, whereby all further claims and rights of the Provider shall remain unaffected.
VII. Granting of rights for songs.de
In order to realise the purpose of the contract the user grants us with the transmission of a work for publication the following non-exclusive, spatially unlimited rights of use which are limited to the term of the contract plus a deletion period of one month:
- the right of storage, the right to make the content accessible to the public in whole or in part via songs.de and other internet sites cooperating with songs.de ("right of public access");
- the right to reproduce, insofar as such reproduction is necessary for the purposes of contract fulfilment, data backup and performance improvement (e.g. by making the content available on multiple systems), as well as the right to reproduce the content on demand by visitors to the website and the right to make works offered on songs.de available - in particular also in the form of a preview or thumbnail - for the purpose of marketing the works on songs.de and via search engines;
- the right to edit, insofar as editing is necessary for the contractual provision of the content via songs.de (in particular, changes in size or file format);
- the right for all further copyright uses which are necessary for the purposeful fulfilment of the contract;
The granting of rights includes all types of offers for web sites, in particular the free internet, paid web sites and other online services.
I. Prices and terms of payment
1. registration at songs.de is free of charge. No ongoing fees or monthly fees will be charged.
2. For the use of our streaming offers we charge the user a fee, which the user has to pay to us. We charge the fee on a credit basis. The user can purchase credit via his user account. The price of the respective content will be displayed to the user before ordering the content. Credit can only be used on songs.de.
3. For the purchase of credits, the user may use the payment methods provided by us. The user purchases credit by entering the desired amount of credit via the purchase option in the user's user account and purchasing it via the "buy now" button. Input errors can be corrected by the user beforehand by changing the corresponding options. The contract is concluded by us crediting the user with the desired credit within a maximum of 12 hours or by us confirming the user's purchase by email. If the user does not receive a credit or a contract confirmation within 12 hours, he is no longer bound to his contract declaration. The text of the contract is not stored by us when credit is purchased and can therefore no longer be retrieved by the user. In this case, however, the user can also print out and save these terms and conditions. 4.
4. An exchange of credit or any other repayment as well as a transfer of credit to third parties is excluded. If the user terminates the user relationship, existing credit balances shall expire. Legal claims for reversal remain unaffected.
5. We shall be entitled to discontinue the operation of songs.de altogether and to terminate the current contracts at the end of the operation with pro rata reimbursement of acquired credit balances.
II. Remuneration of Providers
1. For the provision of his works on songs.de the Provider shall receive a success-dependent remuneration, which shall depend on the turnover realised with his works on songs.de. The provider's share in the turnover will be shown in the respective upload dialogue, his claims to remuneration can be seen in the artist's account which is kept separately from the user account.
2. The claim to remuneration shall only arise in favour of the Provider when the payment on which the remuneration is based has been finally credited to the songs.de account. In the event of subsequent refunds of payments subject to remuneration, the remuneration attributable to the refunded amount shall be repaid. songs.de shall be entitled to offset refunded remuneration against current remuneration claims.
3. Insofar as not otherwise agreed, the settlement and the payment of the remuneration shall take place within 45 days from the end of the respective calendar month to be settled. Payment shall be made if the total amount of the remuneration claims exceeds Euro 50.00 excluding value added tax. Total remunerations lower than the aforementioned value shall not be paid out and shall be carried over to the next accounting period, unless the contractual relationship with the Provider has been effectively terminated. The Provider shall receive a statement of commission-relevant sales, whereby songs.de shall be entitled to make these statements available to the Provider on the songs.de platform for retrieval. The Provider shall not be entitled to inspect personal data of the users of his works.
4. The recordings of billing-relevant parameters made by our systems shall be deemed correct in case of doubt, unless the provider objects within one month from receipt or provision of the billing with factual justification.
5. If circumstances arise which give rise to the factual suspicion that claims for remuneration have been caused by misuse (possibly also by third parties), fraud (also by third parties), measures serving solely to generate claims for remuneration (also by third parties) without any relevance to the success of songs.de, such as automated click procedures, misleading or illegal measures such as bots, Trojans etc., or purchase transactions which are not seriously intended, we shall be entitled to withhold the remuneration until the facts of the case have been finally clarified. If it turns out that the facts are incorrect, we are obliged to pay out immediately. If it turns out that the suspicion is correct, there is no claim to remuneration. In this case, the provider undertakes to reimburse us for the costs of the examination if the abusive action is the responsibility of the provider.
6. The offerer shall only have the right to set-off if his counterclaims have been recognised by songs.de or have been legally established or if the claim arises from the same contractual relationship. The Provider is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
7. The provider shall bear the costs incurred on his side, such as the costs for access to the Internet or for the transmission of data as well as any necessary licence costs himself. We shall not be obliged to reimburse costs or provide materials over and above the remuneration agreed in each case.
III. Operation and Availability
1. Songs.de is generally available 24 hours a day. However, we cannot guarantee availability. In the event of temporary unavailability, the user's claim to services already paid for but not yet received will remain intact. There is no entitlement to a refund or withdrawal from the contract. We reserve the right to discontinue the online offer. In this case, the user will receive a refund for services already paid for but not yet received.
2. We are entitled to commission third parties with the provision of parts or the entire range of services. Our responsibility for legal or contractual obligations remains unaffected.
IV.  Data protection and data security
1. The user is informed that personal data published by him/her on Songs.de may be freely accessible and viewable on the Internet. A restriction of the group of persons who should have access to the contents is possible and can be selected by the user.
2. We respect the privacy of our users and comply with the applicable data protection regulations. Personal data will only be used to the extent necessary to provide our services. For any other use, we will obtain the prior consent of the user in accordance with the statutory provisions. In particular, we will not pass on personal data to third parties without the consent of the person concerned, unless this is necessary for the performance of a contract (e.g. to enable the processing of contracts handled via Songs.de). This does not apply if we are obliged to hand over data for legal reasons. Furthermore, this does not apply if it is necessary to pass on the data collected in order to track misuse or to collect debts.
3. We are entitled to block users who have given cause for termination for good cause from using Songs.de again. Songs.de may store the data required for this blocking for a maximum period of 2 years from the end of the user relationship.
V. Liability of songs.de
1. Claims against us for damages are excluded. Excluded from this are claims for damages by users arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract as well as those on whose compliance the customer as a contractual partner may regularly rely. In the event of a breach of material contractual obligations, we shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health.
2. We are not liable for the suitability of our services to achieve a certain economic success. We shall not be liable for facilities or services outside our sphere of influence, in particular not for the non-availability of our services due to disruptions of the Internet or the services or facilities used to access the Internet or the access switching.
3. The above limitations of liability shall not affect liability for damage to life, limb or health, any guarantees given and liability under the Product Liability Act.
4. Insofar as our liability is limited or excluded, this shall also apply in favour of our legal representatives, organs and employees and accordingly also for claims for reimbursement of expenses.
VI. Final Provisions
1. all legal relationships arising from the use of songs.de shall be governed by the laws of the federal republic of germany.
2. These General Terms and Conditions of Business and Use shall also apply if songs.de is used outside the Federal Republic of Germany.
3. Any invalidity of individual provisions of these Terms and Conditions of Use shall not affect the validity of the remaining provisions.
4. if the user is a merchant, a legal entity under public law or a special fund under public law, the place of performance and jurisdiction shall be Hamburg.

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Status: February 2022

Machine translation

IMPORTANT: This article has been translated by machine translation software (automatic translation) and not by a human translator. songs.de uses machine translation to make texts available in several languages. However, automatically translated articles may contain terminology, syntax or grammar errors similar to those made by the speaker of a foreign language. We accept no responsibility for any inaccuracies, errors or damage caused by poor translation of content or its use by our users.