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Special Terms and Conditions Upload Certificate

As part of the of the Upload Certificate Tool, MusicHub offers to upload your Recordings and to create a certificate (“Upload Certificate”) for this upload, which can be used to track when the file was uploaded. Please note, that the use of the Upload Certificate requires a subscription. For the use of the Upload Certificate Tool, in addition to the General Terms and Conditions, the following Special Terms and Conditions also apply.

I. Scope of use

a. The Upload Certificate Tool may only be used to create Upload Certificates of your recordings. Uploading files that do not contain recordings or recordings that you have not participated in is not allowed.

b. For the creation of the certificate, it is necessary to provide your name. You can also enter the names of other people who contributed to the recording. The data contained on the Upload Certificate is based exclusively on your information. You are therefore responsible for the accuracy and completeness of this data.

II. Disclaimer

a. Neither the uploading of a recording in the Upload Certificate Tool nor the Upload Certificate created as a result establishes the copyright to the recording.

b. If you provide the names of other persons involved in the recording, this does not constitute a right of these persons to view the Upload Certificate vis-à-vis MusicHub.

III. Transfer of rights

a. You grant MusicHub the rights necessary for the creation of the Upload Certificate. In particular, you grant MusicHub the non-exclusive and territorially unrestricted right to reproduce the recording selected by you for the purpose of creating the Upload Certificate. By uploading the recording, you confirm that you have the rights required for the granting of rights and, if applicable, the consent of all persons or rights holders involved in the recording.

b. MusicHub grants you the right to freely use the Upload Certificate created in compliance with applicable law. You are entitled to download the Upload Certificate, reproduce it, transmit it to other persons, or use it in any other manner, unless the use violates the rights of third parties.

IV. Remuneration

MusicHub reserves the right to require remuneration for the use of the Upload Certificate Tool. If MusicHub makes use of this right, it will inform you about the amount of the remuneration before you upload a recording.

V. Storage

You are responsible for the storage of the Upload Certificates you create. The Upload Certificate you create will only be stored by MusicHub for as long as your account with MusicHub exists. When you delete your account, the Upload Certificates you created will also be deleted.

VI. Warranties

a. MusicHub does not check the Data provided by you for the creation of the Upload Certificate and therefore does not warrant its correctness and completeness.

b. MusicHub does not warrant that the Upload Certificate created will be accepted as evidence to prove copyright or the time of creation of a recording.

c. If you provide the names of other persons involved in the recording for the creation of the Upload Certificate, you warrant that the persons concerned have consented to the processing of their Data by MusicHub before uploading the recording. MusicHub reserves the right to request proof of consent from you.

d. The indemnification provision from section B. X. of MusicHub’s General Terms and Conditions also applies to the aforementioned warranty.