Terms & Conditions

For accessibility reasons, these Terms & Conditions were translated from German to English. However, the German T&Cs (available here www.music-hub.com/de/agb, www.music-hub.com/de/bgb) are those that are legally binding.

Thank you for your interest in MusicHub. MusicHub is a service of MusicHub GmbH, with registered offices in Rosenheimer Straße 11, 81667 Munich, Germany, and with its place of business in Pfuelstraße 5, 10997 Berlin, Germany. The following specifications of service, General and Special Terms and Conditions of Business (as of: 09.09.2021) shall govern the use of our websites and our services:

SPECIFICATIONS OF SERVICE 

DESCRIPTION OF THE MUSICHUB SERVICE

MusicHub is an online platform for music creators. It enables the upload, input and storage of files and information relating to musical works and recordings, in particular audio files, metadata and artwork (hereinafter referred to as “Data”), and the application of various functions for processing, exporting or otherwise using this data (hereinafter referred to as “Tools”). We provide MusicHub with a maximum storage space of 10 gigabytes for your Data and an availability of at least 97% per calendar year; exempt thereof are maintenance works which we announce with a notice period of two working days. The range of functions of MusicHub is going to continually develop further - as such, new Tools will be added, but individual Tools may also be discontinued after prior notice, the use of which is also subject to these General and, where applicable, Special Terms and Conditions of Business.  The respective current scope of functions is hereinafter also referred to as “Service”.

DESCRIPTION OF THE TOOLS

RELEASE TOOL

As part of the Release Tool, MusicHub allows you to submit Sound Recordings (Sound Recordings provided via the Release Tool together with metadata and artwork hereinafter referred to as "Recordings") to a distributor for distribution to selected Digital Service Providers ("DSPs"). 

As far as you want to release your music via a distributor, special terms and conditions will apply.

If you choose to distribute your music via ZEBRALUTION GmbH (“ZEBRALUTION”), the “Special Terms and Conditions for Distribution through ZEBRALUTION” apply, see here: http://music-hub.com/en/special-terms

TRACK LIBRARY

An integrated “Track Library” offers you the possibility to organise and manage your recordings easily and intuitively.

GEMA SOUNDFILE UPLOAD 

In addition, you can also activate the “GEMA Soundfile Upload” in the Track Library. This allows GEMA, with your permission, to monitor where your tracks are played in public (on TV/radio, in clubs or in commercials), in order to process your royalties accurately.

GENERAL TERMS AND CONDITIONS OF BUSINESS

1. Area of application 

The General Terms and Conditions of Business shall apply to all uses of services offered on our websites www.music-hub.com and www.joinmusichub.de

Certain Tools of MusicHub are subject to separate terms and conditions of their own. To use such Tools, you must accept these Special Terms and Conditions. All provisions of these General Terms and Conditions shall also apply to these Tools, unless otherwise specified in the Special Terms and Conditions.

2. Conclusion of the contract

In order to become a member of MusicHub and to use the Service, you must be at least 18 years of age and submit a registration with your correct and current master data; if you are not yet 18 years old, the consent of your legal guardian is additionally required. If you create an account for a body of persons, such as a band or a company, you thereby affirm that you have the necessary power of representation. By registering with MusicHub, you agree to our Terms and Conditions, which form a binding contract between us and the person or company named in the registration details. If you represent other persons, the contract is concluded with all persons.


3. Right of withdrawal

If you are a consumer (i.e., a natural person who uses our Services for a purpose which cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.

For the right of withdrawal, the provisions that shall apply are listed in the following:

Withdrawal policy 

I. Right of withdrawal

You have the right to withdraw from this contract within fourteen days. The period of withdrawal is fourteen days from the day the contract is concluded.

In order to exercise your right of withdrawal, you must inform us, 

MusicHub GmbH
Pfuelstraße 5
D-10787 Berlin
E-mail: legal@music-hub.com

by way of an unambiguous declaration (e.g., a letter sent by post or an e-mail) regarding your decision to revoke this contract. You can use the attached withdrawal template, which is, however, not mandatory. 

To adhere to the withdrawal period, it is sufficient if you send the notification about you exercising the right of revocation prior to the end of the revocation period.

Consequences of the withdrawal

If you withdraw from this contract, we must refund all payments we received from you, including delivery costs (with the exception of additional costs which result from you having selected a type of delivery other than the cheapest standard delivery offered by us), without delay and within fourteen days at the latest from your withdrawal from this contract. We will use the same method of payment that you chose for the original transaction, unless something else has been agreed with you; in no event will you be charged with any costs because of this refund. 

II. Withdrawal template

Withdrawal template

(If you wish to withdraw from the contract, please complete this form and return it to us.)

To:
MusicHub GmbH
Pfuelstraße 5
D-10997 Berlin
E-mail: legal@music-hub.com 

I/we (*) herewith withdraw from the contract concluded by me/us (*) for the provision of the following service:

Ordered on (*)/ received on (*):

Name of the user(s):

Address of the user(s):

Signature of the user(s), date (only for paper communication)


(*) Please delete as appropriate

End of the withdrawal policy


4. Basic rules for the use of MusicHub / consequences of unlawful conduct

The use of MusicHub for purposes that violate applicable laws or the rights of third parties, or with fraudulent intent, is not permitted. In particular, it is not permitted to 

a) upload Data or otherwise publish such Data via the Services offered which 

  • infringe the rights of third parties, in particular intellectual property or data protection rights;
  • contain viruses of other damaging components;
  • are hurtful, threatening, unlawful, defamatory, abusive, inciting, harassing, fraudulent, glorifying violence, illegal, harmful to minors, discriminatory, an invasion of privacy or publicity rights;

b) upload content other than your own to MusicHub or store it there, unless you have been expressly permitted to use it by the respective rightsholder; 

c) change the Services offered or delete other contents than your own;

d) remove copyright or other notices, product identifications or comparable information from the website and the Services offered on it;

e) artificially inflate streaming numbers in a fraudulent or manipulative manner, such as through hacked accounts, fake profiles and bots (so-called “fake streams”). This shall also apply if the fake streams are created by third parties such as fans or service providers because you instructed them accordingly, in particular also by way of granting or receiving consideration, or if you manipulate your streams in a comparable manner. 

If you use MusicHub with intent to defraud, violate applicable laws or infringe the rights of third parties, we are entitled to warn you for your unlawful behaviour. If you continue your unlawful behaviour despite our warning or if you act in a materially unlawful manner, we are entitled to suspend or delete your account. 


5. MusicHub membership fees / payment

MusicHub is currently only available for GEMA members. The membership at MusicHub is free of charge for you.

At a later date, MusicHub will also be available to music creators who are not GEMA members. Membership fees will become due, depending on the scope of the Service and the payment interval. These will later be accessible respectively at http://music-hub.com/pricing. Membership for GEMA members will remain permanently free of charge at a scope of services at least comparable to the scope of functions as of 09.09.2021. 

Otherwise, we reserve the right to adjust the fees in future, in particular due to internal cost increases or expanded functionality; you will receive notice of this at least 30 days in advance, and you have the right to cancel your membership within 30 days of receipt of the notice. If you do not make use of your right to cancel, the new fees will also apply to you. We will inform you about this legal consequence in our notification. 

The fees fall due at the beginning of the membership period. You are responsible for depositing a valid means of payment with sufficient funds in your account at all times. If we can, however, still not collect your membership fees, we will send a reminder to the e-mail we hold on record for you. If we are repeatedly unable to collect the fees, we may block your account and delete it after a further reminder. Fees that are still unpaid can be offset against claims that you might have against MusicHub. 


6. Intellectual property rights

You warrant and represent that you are the owner of all rights in the uploaded or entered Data that is required for use in MusicHub or that you have obtained the corresponding permission from all other involved parties. Rights which have been assigned to GEMA for fiduciary management shall not be covered by this warranty. All rights in and to all Data shall remain reserved to you respectively to the rightsholders represented by you and you shall remain the exclusive owners of all copyright, rights in sound recordings and other rights. You do, however, permit MusicHub the use of the Data to the degree required to provide the relevant services. Rights for the commercial exploitation of Data shall, in deviation of the previous sentence, only be granted to MusicHub in accordance with the Special Terms and Conditions of Business of the relevant Tool, and only within the scope described therein.


7. Accounts and passwords

You are obliged to treat your account details and passwords confidentially and protect them against third party access. Should you become aware of an unauthorised use of your account, you are obliged to notify our support immediately at support@music-hub.com.


8. Contract term and ordinary termination

Your MusicHub membership shall run for the period you selected (e.g., monthly subscription or annual subscription) and shall automatically renew by the same period unless one of the parties gives notice to the other prior to the end of that period. You can terminate your membership online in the Service or you can send an e-mail to support@music-hub.com.


9. Extraordinary termination

The right of extraordinary termination for cause shall be reserved to you and to MusicHub. MusicHub can terminate your membership for cause and without notice and block or delete your account, in particular in the case of an infringement of your obligations arising from provisions 2 to 6 of these General Terms and Conditions and the warranties of the Special Terms and Conditions.

10. Liability of MusicHub

MusicHub is liable for damage caused by slight negligence only in cases of breach of material contractual obligations to the amount of the foreseeable damage typical for the contract. Material contractual obligations are those whose fulfilment makes the proper performance of a contract possible in the first place and on whose compliance the contracting parties may regularly rely. Beyond that, MusicHub shall be liable to you without limitation in the event of intent and negligence, culpably caused damage resulting from injury to life, limb or health, in the event of a contractually assumed guarantee or fraudulently concealed defects. In other respects, liability is excluded unless a strictly mandatory statutory liability regardless of negligence or fault takes action or MusicHub is liable due to a guarantee regardless of negligence or fault.  


11. Your liability / indemnification from third-party claims

In the event of a culpable breach of your obligations arising from provisions 2 to 6 of these General Terms and Conditions of Business, you shall be obliged to reimburse the damage caused thereby to MusicHub. Beyond that, you are obliged to indemnify MusicHub, upon first request, from all third-party claims resulting thereof, including reasonable court fees and legal costs.

12. Applicable law and place of jurisdiction

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction for all disputes between the parties is Berlin.

13. Miscellaneous

The respective current Specifications of Service and the General and Special Terms and Conditions of Business contain all arrangements between the parties, any collateral agreements shall require written confirmation in order to be valid. In the event that individual provisions or Specifications of Service or General and Special Terms and Conditions of Business are invalid, this shall not affect the validity of the remaining provisions; in such cases, the parties shall be obliged to agree upon a valid provision that comes as close as possible to the invalid provision.


14. Changes to the Terms and Conditions of Business

MusicHub reserves the right to amend these General Terms and Conditions of Business  and the Special Terms and Conditions for the various Tools (separately and jointly hereinafter referred to as “T&Cs”) in the event of legislative changes, changes in MusicHub’s legal circumstances, changes in jurisdiction, changes in the scope of rights administration by extended service tools, technical changes and extensions to functionalities. MusicHub shall inform you of any changes to the T&Cs to by notifying you of the amended provisions. You have the right to terminate your membership within 14 days upon receipt of the notification. If you do not make use of your right to terminate your membership or do not object to the changes to the T&Cs within 14 days upon receipt of the notification relating to the amended T&Cs vis-à-vis MusicHub, you are deemed to have agreed to the amended T&Cs. The receipt of the objection shall be decisive for the calculation of the deadline. In the event that the objection has not been lodged at all or not before the deadline, or that the termination has not been lodged at all or not before the deadline, the T&Cs in their amended version shall become an integral part of the contract. MusicHub shall make separate reference to this legal consequence when notifying the amended T&Cs. 

15. Contact for legal enquiries

If you have queries regarding the Terms and Conditions, please write an e-mail to legal@music-hub.com. Please understand that, due to the Rechtsberatungsgesetz [German Act on Legal Advice], we are not allowed to provide any general legal advice and that we are only available to answer queries regarding the Terms and Conditions of Business sent to this address.