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Terms and Conditions (June 2023)

As of 01.06.2023

For accessibility reasons, these Terms & Conditions were translated from German to English. However, the German T&C 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 01.06.2023) shall govern the use of our websites and our services: 

A. Specifications of Service

I. Description of MusicHub Offer
II. Description of currently available Tools and Services
  1. a. LIBRARY
  2. b. WORK DECLARATION
  3. c. GEMA SOUNDFILE UPLOAD
  4. d. RELEASE TOOL
  5. e. STATS
  6. f. BALANCE DASHBOARD
  7. g. HELP CENTRE
  8. h. CUSTOMER SUPPORT
  9. i. WEBINARS
  10. j. USER RESEARCH
  11. SMART-LINKS
  12. MUSICHUB ACADEMY

B. GENERAL TERMS AND CONDITIONS

I. Area of application  
II. Registration and account at MusicHub / demo version
III. Access to the use of GEMA-related Tools and Services
IV. Conclusion of a subscription
V. Subscription term
VI. Terms of payment for subscriptions
VII. Basic rules for the use of MusicHub / consequences of unlawful conduct  
VIII. Intellectual property rights
IX. MusicHub account cancellation
X. Exclusion of warranty
XI. Liability of MusicHub
XII. Your liability / indemnification from third-party claims
XIII. Applicable law and place of jurisdiction
XIV. Miscellaneous
XV. Changes to the Terms and Conditions
XVI. Contact for legal enquiries

Special Terms and Conditions

C. SPECIAL TERMS AND CONDITIONS RELEASE FOR DISTRIBUTION VIA ZEBRALUTION  

I. No guarantee for release
II. No distribution of public domain recordings and non-music recordings
III. Grant of rights
IV. Takedown of Recordings
V. Royalties and Reporting
VI. Warranties
VII. Copyright to the works underlying your Recordings

D. SPECIAL TERMS AND CONDITIONS LYRICS

I. No guarantee for publication and remuneration
II. Grant of rights
III. Takedown of Lyrics
IV. Royalties and reporting
V. Warranties

E. SPECIAL TERMS AND CONDITIONS UPLOAD CERTIFICATE

I. Scope of use
II. Disclaimer
III. Transfer of rights
IV. Remuneration
V. Storage
VI. Warranties

F. RIGHT OF WITHDRAWAL FOR CONSUMERS

I. Right of withdrawal
II. Withdrawal template

A. Specification of Service

I. Description of MusicHub Offer

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”).  In addition to the Tools, MusicHub offers its users further supporting services in the area of know-how transfer and customer support (hereinafter referred to as “Services”).  The scope of MusicHub’s functions and services will continue to evolve – e.g., new Tools and/or Services will be added, but individual Tools and/or Services may also be discontinued after prior notice, the use of which is also subject to these General Terms and Conditions and any additional Special Terms and Conditions. This means, for example, that MusicHub reserves the right to change, terminate or remove content and functions of the individual tools marked as "BETA" without prior notice and/or to discontinue the operation of the individual tools. In addition, the availability of the functions may be individually limited, for example through quotas, so that you have no claim to the use of the contents and functions of the respective tools marked as BETA. You expressly acknowledge and agree that the use of BETA versions is at your own risk and that you bear the entire risk with regard to satisfactory quality, performance, accuracy and effort. The current scope of functions and services of MusicHub’s Tools and Services is hereinafter also referred to collectively as the “Offer”.

Registering and creating a free account with MusicHub allows music creators to access parts of our Offering as a demo version of our website. For the use of most Tools and Services, however, a subscription is additionally required. For details, please refer to the descriptions of the currently available Tools and Services as well as our General and Special Terms and Conditions.

II. Description of currently available Tools and Services

a. LIBRARY

Within the Library, MusicHub allows you to upload, enter, and save data. The Library is available in the demo version as soon as you register with MusicHub.

b. WORK DECLARATION

As a GEMA member, MusicHub allows you to send work data to GEMA as part of the Work Declaration Tool. The use of the Work Declaration requires a GEMA membership.  

c. GEMA SOUNDFILE UPLOAD

As a GEMA member, MusicHub allows you to send soundfiles to GEMA within the framework of the Soundfile Upload Tool. The Soundfile Upload requires a GEMA membership.  

d. RELEASE TOOL

As part of the Release Tool, MusicHub allows you to compile Sound Recordings together with metadata and artwork (collectively, “Recordings”) into a digital release and send it to a Distributor for distribution to selected Digital Service Providers (“DSPs”). The use of the Release Tool for distribution via a distribution partner requires a subscription.

If you choose to release your music through a distribution partner affiliated distributor, separate terms and conditions apply. If you choose to distribute your music via the distribution partner ZEBRALUTION GmbH (“ZEBRALUTION”), the “Special Terms and Conditions Release for Distribution via ZEBRALUTION” apply.  

e. STATS

The Stats Tool allows you to view and analyse data about the use and distribution of your Recordings, currently in the form of daily trend data of the DSPs that have been selected in the Release Tool for distribution via a distribution partner. The use of the Stats Tool requires a subscription.  

f. BALANCE DASHBOARD

Within the Balance Dashboard, MusicHub allows you to view the royalties earned from the distribution of your Recordings via one of our distribution partners, as well as request payments to your bank account. The Balance Dashboard is available in the demo version as soon as you register with MusicHub.

g. HELP CENTRE

The Help Centre provides you with articles, instructions and tips on all MusicHub-related topics. The Help Centre is available in the demo version as soon as you register with MusicHub.

h. CUSTOMER SUPPORT

Our Customer Support will assist you via chat with any questions you may have about our Offer and its use. Your entitlement to Customer Support requires a subscription.

i. WEBINARS  

In regular Webinars, we not only explain how to best use MusicHub’s Offer, but also highlight a variety of topics that are important to music creators. Participation in these Webinars requires a subscription.  

j. USER RESEARCH

In order to improve and constantly develop our Offering, we ask our users about their wishes and priorities via surveys, interviews and focus groups and take these into account when developing our future Tools and functionalities. In this way, we give you the chance to help shape MusicHub. Participation in User Research among users requires a subscription.

k. SMART-LINKS

The Smart-Link Tool is a Tool that helps you promote your music. The Smart-Link generates all links to your release after it has passed the quality check, so that you can share it with your fans and promote your music. The use of the Smart-Link Tool requires a subscription.

l. MUSICHUB ACADEMY

The MusicHub Academy contains a range of e-learning videos tailored to the needs of the MusicHub Community. There you will find information on the topics of music promotion, music marketing, release strategies and much more. Access to the MusicHub Academy requires a subscription.

B. General Terms and Conditions

I. Area of application

a. The General Terms and Conditions apply to all uses of the Offer provided on our websites www.music-hub.com and www.joinmusichub.de.

b. Certain Tools and Services of MusicHub are subject to additional, separate Special Terms and Conditions. In order to use such Tools and Services, you must accept these Special Terms and Conditions. All provisions of these General Terms and Conditions also apply to these Tools and Services, unless otherwise specified in the Special Terms and Conditions.

II. Registration and account at MusicHub / demo version  

a. Requirements for registration and account setup:  

  1. i. In order to create an account on MusicHub, you must be 18 years old. If you are a minor, you may only create an account on MusicHub and use our Services with the consent (i.e. prior approval) of your legal representatives.
  2. ii. If you create an account for a body of persons such as a band or for a company, you thereby assure that you have the necessary power of representation.  
  3. iii. By registering with MusicHub, you agree to our General and Special Terms and Conditions, which create a binding contract between us and the person or company named in the registration data. If you represent other persons, the contract will be concluded with all of them.

b. Registration process / account setup:   

  1. i. You start the registration process by clicking on the “Register now” button and entering an email address and setting a password.
  2. ii. After agreeing to our General and Special Terms and Conditions and clicking on “Register”, your account is created, and you can use parts of our Offer in a free demo version. For the use of most Tools and Services, however, a subscription is required. Details about the subscriptions can be found in the description of the currently available Tools and Services.
  3. iii. You are obliged to keep your account data and password confidential to protect them from third parties. If you notice any unauthorised use of your account, you are obliged to immediately notify our support at the email address support@music-hub.com.
  4. iv. You can set up your account via www.music-hub.com and www.joinmusichub.de in German and English.

III. Access to the use of GEMA-related Tools and Service

a. The use of certain Tools and Services requires a GEMA membership, as they transfer data to GEMA for further use.

b. Should you become a GEMA member, you can notify our support at any time at the email address support@music-hub.com, and we will convert your account so that you can use the GEMA-related Tools.

IV. Conclusion of a subscription

a. The use of certain Tools and Services is only possible within the framework of a subscription.

b. The offered subscriptions, the Tools and Services contained therein, and the respective costs are published at https://www.music-hub.com/en/pricing.

c. All price quotes on our website are gross prices including the statutory VAT and other price components; if the registered office is in another EU country and the VAT ID number or tax domicile is outside the EU, different prices may apply.

d. The conclusion of a subscription takes place in your account area. There you can select the appropriate subscription via the button “subscribe now”. After entering your personal data, selecting the payment method and entering the payment details, you complete the process by clicking the “Complete subscription now” button. Your registration will be confirmed immediately by email.

e. The terms of payment according to section B. VI. of these General Terms and Conditions apply.

V. Subscription term

a. Your subscription runs for the duration of the term you have chosen (monthly subscription, annual subscription) and is automatically renewed for the respective subscription period, i.e. monthly subscription for another month, an annual subscription for another year, etc., until you cancel it in accordance with the following subsections.

b. The cancellation of a subscription is possible at any time with a notice period of three working days to the end of the current subscription period. The notice of cancellation must be sent to the email address support@music-hub.com. The timely receipt of the notice of the cancellation is decisive for compliance with the notice period.

c. The cancellation of a subscription does not lead to the termination of your account at MusicHub. If you have released your music through a distributor affiliated as a distribution partner, the corresponding separate terms and conditions will continue to apply, i.e., in the case of distribution through the distribution partner ZEBRALUTION the “Special Terms and Conditions Release for Distribution via ZEBRALUTION” apply.

d. If you are a consumer (i.e., a natural person who uses our Offer for a purpose that cannot be attributed to your commercial or self-employed professional activity), you also have the right of withdrawal as described in F. in accordance with the statutory provisions.

VI. Terms of payment for subscriptions

a. Insofar as a subscription must be concluded for the use of certain Tools or Services, the resulting costs (Fees) are published on our price list. We reserve the right to adjust the Fees for the subscriptions in the future, in particular due to internal cost increases or expanded functions and Services; you will receive a corresponding notice at least 30 days in advance, and you have the right to cancel your subscription within 30 days of receipt of the notice. If you do not object to the change in the Fees within 30 days of receipt of the notice, the new contributions will also apply to you. The receipt of the objection is decisive for the calculation of the period. We will point out this legal consequence to you separately in the notice of the changed Fees. If you object to the change of the Fees in due time, we point out that we are entitled to terminate your account and/or your existing subscriptions with us.

b. The subscription Fees are due at the beginning of the subscription period. You are responsible for depositing a valid means of payment with sufficient funds in your account. If we are still unable to collect the Fees, we may, at our discretion, block your access to the Tools and Services included in the purchased subscription, or maintain access and send you a reminder to your registered email address. If we are repeatedly unable to collect the Fees, we may block your account and, after a further reminder, terminate it extraordinarily, with the consequences described in section B. IX. c. of the General Terms and Conditions. We may offset any outstanding Fees against any claims you may have against MusicHub.

c. We offer the SEPA direct debit and credit card payments via the payment provider Stripe, Inc. so that the payment processing is carried out via Stripe, Inc. (hereinafter: "Stripe"), subject to the Stripe Terms of Use, available at https://stripe.com/de/ssa. We accept all credit card providers that are supported by Stripe. For the payment, you enter your payment data as described under B. IV. d. With the conclusion of the respective subscription, you finally trigger the payment process according to the selected payment method. You will receive an invoice for your purchase in digital form, which will be sent to you by Stripe. Any credit card fees will be borne by MusicHub, any transaction fees for payment by bank transfer (e.g., due to different currencies or locally different accounts) will be borne by you.

d. You are not entitled to offset against our claims unless your counterclaims are legally established or undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same contract. Likewise, you may only exercise a right of retention if your counterclaim arises from the same contract.

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

a. The use of MusicHub in a way that violates applicable laws or the rights of third parties and/or constitutes fraudulent or dishonest activity, is not permitted and regarded as a violation of MusicHub’s Terms and Conditions ("non-permitted use”). In particular, it is not permitted to,  

  • aa. upload Data or otherwise publish such Data via the Services offered which infringes the rights of third parties, in particular intellectual property rights or data protection;
  • bb. upload Data or otherwise publish such Data via the Services offered which contains viruses or other damaging components;  
  • cc. upload Data or otherwise publish such Data via the Services offered which is hurtful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, fraudulent, glorifies violence, illegal, harmful to minors, discriminatory, constitutes an invasion to or infringement of privacy, publicity or personality rights of third parties;
  • dd. upload content other than your own to MusicHub or store it in the MusicHub platform, unless you have been expressly authorized to do so by the respective rightsholder(s);
  • ee. change our Offer or delete other content than your own;
  • ff. remove any copyright notice or other notices, product identifications or comparable information from the website and the Offer there;
  • gg. use any human or non-human means and/or methods, including via any third party or services of third parties, which involve, in whole or in part, an artificial increase of streaming number(s) and/or otherwise manipulating engagement activity of any online or offline audio and/or audio-visual content on streaming service(s) in a fraudulent or manipulative manner that do not represent genuine listening and/or views and/or exposure to such content by end-users, such as (but not limited to) hacked and/or inauthentic accounts, fake profile(s), bots, software and/or any form of automated processes, virtual private network(s), streaming-farms or shared account(s) and/or information generated from such account(s). This shall also apply if the fake streams are generated by third parties such as listeners or service providers because you instructed them to do so, in particular by granting or receiving a consideration, or manipulate your streams in a comparable manner. For the avoidance of doubt, the examples given above are not intended to form an exhaustive list of non-permitted uses, and the factors that may be used in order to ascertain whether non-permitted uses have occurred may vary in different cases and circumstances.

b. The use of MusicHub is subject to our Community Guidelines that may be modified or amended from time to time, updated version of which can be found at https://intercom.help/music-hub/en/articles/6092131-the-musichub-community-guidelines. This includes rules that prohibit abuse, insults, harassment, threats and any form of hate speech towards our employees and service providers as well as towards other MusicHub users.

c. You should be noted that the non-permitted uses are prohibited from being conducted by you and/or as a result of actions taken by any third party, including, but not limited to, marketing and/or public relations agent(s), music distributor(s), record company or any individual and/or entity acting on behalf of a user or in a way through which the user may benefit. Users of MusicHub may be liable to such third-party violations. Accordingly, you are encouraged to inspect the operation of any individuals or companies, the marketing and/or promotion of which are hired, employed, authorized or otherwise encouraged by you in relation to your music.

d. If MusicHub, at its sole good faith discretion, has reasonable grounds to suspect that non-permitted use or non-permitted uses have been conducted by you or any third party and through which you have generated and/or may generate revenues from sales and/or streams and/or any other benefit(s), we reserve the right to (1) block, suspend, or to terminate your account extraordinarily and/or remove any or all of the content from our platform and/or the DSPs, with the consequences described in section B. IX. c. of the General Terms and Conditions; (2) withhold the transfer of any payment or income to your account; (3) block access to the withdrawal of funds from your account until the inspection of the suspect and any additional and/or related proceedings have been resolved to our satisfaction; (4) forfeit any and all funds from your account in the event our inspection will lead to the conclusion of the occurrence of non-permitted use(s).

VIII. 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 authorised parties. Rights which have been transferred to GEMA or another collecting society for fiduciary administration shall not be covered by this warranty. All rights in and to all Data shall remain reserved to you or the rights holders, and you shall remain the exclusive owner of all corresponding copyrights, neighbouring rights and other rights. You do, however, permit MusicHub the use of the Data to the degree required to provide the respective services. Rights for the commercial exploitation of the Data shall, in deviation from the previous sentence, only be granted to MusicHub if you use a corresponding Tool, and only to the extent described in the Special Terms and Conditions applicable thereto.

X. MusicHub account cancellation

a. Your MusicHub account will continue to exist independently of your subscription until it is terminated by either party with 3 months’ notice to the end of the month. To cancel, please send an email to support@music-hub.com.  

b. If you release your music via a distributor affiliated as a distribution partner, MusicHub will take down your Recordings via the distributor as soon as your account is terminated, as revenue sharing and billing via MusicHub is no longer possible after the expiration of the notice period. You have the possibility to view the royalties received by MusicHub between the receipt and the effective date of the cancellation in the Balance Dashboard until the expiration of the cancellation period and to have them paid out to you. When the termination becomes effective, you waive your right to claim revenue sharing for all billing amounts made available in the Balance Dashboard but not requested for payment.

c. The right of extraordinary termination for cause shall be reserved to you and MusicHub. MusicHub may terminate your account without notice, in particular in the case of an infringement of your obligations arising from the provisions of sections B. II. to VIII. of these General Terms and Conditions as well as the warranties arising from the Special Terms and Conditions, as well as block and delete your access. In this case, MusicHub will contact you via your stored e-mail address in order to pay any outstanding revenue share to you.

X. Exclusion of warranty

a. MusicHub does not warrant that the Tools and Services will be available at all times free of errors of any kind and, therefore, temporary failures or interruptions may not occur.

b. MusicHub also does not warrant that there will be uninterrupted availability of the Tools and Services. In particular, MusicHub reserves the right to interrupt or restrict access and availability for maintenance purposes or to disable affected Tools or Services in order to ensure the security of the use of MusicHub. Such restrictions of availability do not constitute grounds for any claims against MusicHub. There is no claim to constant availability of the Tools and Services.

XI. 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.

XII. Your liability / indemnification from third-party claims  

In the event of a culpable breach of your obligations arising from these General Terms and Conditions, in particular sections B. II. to VIII., as well as the obligations arising from the Special Terms and Conditions, in particular the warranties contained therein, you are obliged to compensate MusicHub for the resulting damage. Beyond that, you are obligated to indemnify MusicHub, upon first request, against all third-party claims resulting thereof, including reasonable court fees and legal fees.

XIII. 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. The place of jurisdiction for all disputes between the parties is Berlin.

XIV. Miscellaneous

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

XV. Changes to the Terms and Conditions

In the event of changes in the law, changes in MusicHub's legal circumstances, changes in case law, changes in the scope of rights management due to extended service tools, technical changes and extensions of functionalities, MusicHub reserves the right to amend the General Terms and Conditions as well as the Special Terms and Conditions for the various tools and services (individually and collectively referred to as "Terms and Conditions"). MusicHub will inform you of any changes to the Terms and Conditions by notifying you of the amended provisions. You have the right to terminate your account within 14 days of receiving such notice. If you do not make use of your right of termination or do not object to the change of the Terms and Conditions within 14 days after receipt of the notice of the amended Terms and Conditions vis-à-vis MusicHub, your consent to the amended Terms and Conditions shall be deemed granted. The date of receipt of the objection shall be decisive for the calculation of the deadline. In the event that you fail to object or terminate the contract in due time or at all, the Terms and Conditions in their amended version shall become an integral part of the contract. MusicHub shall make separate reference to this legal consequence when notifying you of the amended Terms and Conditions.

XVI. 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 sent to this address.

Special Terms and Conditions

C. Special Terms and Conditions for Release via ZEBRALUTION  

As part of the Release Tool, MusicHub allows you to send 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”). Please note that the distribution of your Recordings to the DSPs is not done by MusicHub but by the distributor and that the use of the Release Tool for distribution via a distribution partner requires a subscription. In addition to the General Terms and Conditions, the following Special Terms and Conditions apply to your Recordings for distribution via the distribution partner ZEBRALUTION – conditional on your use of the Release Tool for distribution of your Recordings by ZEBRALUTION.

I. No guarantee for release

a. MusicHub cannot guarantee that the selected DSPs will include your Recordings in their services, as this decision is reserved to the latter in the relevant licensing agreements between ZEBRALUTION as MusicHub's distribution partner and the DSPs. MusicHub’s distribution partner ZEBRALUTION further reserves the right not to distribute Recordings to DSPs if, in the view of ZEBRALUTION, such distribution is likely to breach provisions of the contracts with the respective DSP or to damage the relationship between ZEBRALUTION and the DSP.  

b. A rejection of a release is made by the DSPs in particular if this release already exists in their offer, as otherwise the overview for the end-user is impaired and there is a risk of conflicts between the different suppliers. If you thus want to distribute your Recordings via MusicHub’s distribution partner ZEBRALUTION and they have already been released once before, you must ensure that you have a take-down notice for the respective release via the previous distributor or the label which released the Recordings previously.

c. In the event that your Recordings are rejected for the aforementioned reasons, MusicHub shall endeavour to communicate the respective justifications and possible solution approaches to you.  

II. No distribution of public domain recordings and non-music recordings

a. MusicHub is a platform for music creators and therefore the distribution option is also reserved for music Recordings created by the member themselves.

b. Public domain recordings are recordings for which the exclusive rights have expired. Major DSPs do not allow the delivery of public domain recordings by licensors who are not originally involved in the production, as they only want to make one official version of such recordings available. The distribution of so-called “public domain recordings” is therefore not permitted via MusicHub if you were not the owner of the exclusive rights before their expiry.

c. The distribution of Recordings that do not consist exclusively of music may be rejected by ZEBRALUTION; this applies in particular to audiobooks, radio dramas as well as recordings with noise. While such content may be accepted by some DSPs, they are usually subject to special data formats and delivery rules that cannot be accommodated by MusicHub. The decision about the distribution of such Recordings is therefore left to the decision of ZEBRALUTION in each individual case.

III. Grant of rights

a. In order to enable ZEBRALUTION, as MusicHub's distribution partner, to distribute your Recordings to the DSPs, you grant MusicHub a non-exclusive, worldwide license to digitally exploit your Recordings, which is limited in time to the duration of your subscription to MusicHub and is transferable to ZEBRALUTION and through ZEBRALUTION to the DSPs. MusicHub accepts this grant of rights. The grant of rights shall, in particular, include the right to reproduce, distribute, making available to the public and broadcast the recordings, including the statutory right to claim and collect royalties for these uses, provided that they have not been exclusively assigned to a collective management organisation, but exclusively as a so-called transitory right, which only DSPs and their service providers and end consumers are entitled to exercise, but not MusicHub or ZEBRALUTION itself. The aforementioned grant of rights includes, in particular, the use of the Recordings in the course of streaming, download, social media and other digital services subject to the use of a variety of business models such as purchase, subscription, or usages financed by advertising or by other means. A description of the respective offer of the DSPs which further specifies the permitted uses can be accessed in MusicHub at https://intercom.help/music-hub/en.

b. Provided that you did not grant permission in MusicHub for a world-wide distribution, but for the distribution to take place in a limited territory, the grant of rights to the distribution partner ZEBRALUTION and by them to the DSPs shall only be made for the respective countries.

c. DSPs or their service providers may reformat or shorten your Recordings, e.g. by encoding into another audio format or making available of audio samples, in the case of YouTube Music by creating a so-called “Art Track” video where a still image of the cover artwork is added to your recording, but only insofar as it does not constitute an “edit” (“Bearbeitung” as defined in the German Copyright Act).  

e. Something else applies in cases where the business model of the DSP requires editing e.g., because the Recordings are intended for synchronisation (combination) with User Generated Content such as videos. Such uses are further detailed in the description of the offer of the DSPs under https://intercom.help/music-hub/en and you have the opportunity to exclude such offers from distribution.  If you decide to provide your Recordings for Distribution by the distribution partner ZEBRALUTION to DSPs with such business models, you also grant MusicHub the respective editing right as a transitory right for further transfer to ZEBRALUTION and subsequent exploitation by the DSPs and their users.  

f. The DSPs have the right to advertise the Recordings with the name, logo, biography and discography of the artist as well as the title, cover, artwork and video of the Recording in all media without creating the impression of a personal endorsement of the artist and you grant MusicHub the relevant rights in a retransferable manner to the distribution partner ZEBRALUTION and through ZEBRALUTION to the DSPs.

g. MusicHub shall also have the right to advertise Recordings as described above in C. III. e., unless you inform us at support@music-hub.com that you do not want this to happen.

IV. Takedown of Recordings

a. You may take your Recordings down at any time without notice of any reason through the distributor by sending an email to support@music-hub.com, in which case, a so-called “Takedown Notice” will be sent by MusicHub to the distribution partner ZEBRALUTION to all DSPs selected by you with the request to remove the respective Recordings from the service.

b. If your subscription ends, your entitlement to MusicHub's distribution services also ends, i.e. sending your Recordings via the distribution partner to the DSPs selected for Distribution. If your subscription ends, your Recordings will be taken down by the distributor and will no longer be available on the DSPs.

c. Furthermore, MusicHub is entitled to take your Recordings down via the distributor, with or without termination of your account, if you violate the General Terms and Conditions, especially sections B. II. to VIII., or these “Special Terms and Conditions Release for Distribution via ZEBRALUTION”, especially section C. VI. This means, MusicHub can take your Recordings down in particular, if the distribution partner ZEBRALUTION or one of the DSPs selected by you reject them, or if rights of third parties are asserted, or if the Recordings may violate legal regulations.

V. Royalties and Reporting

a. You will receive a “Royalty” calculated as a percentage of the Net Distribution Income (defined as gross royalty income less VAT) of the distribution partner ZEBRALUTION from the exploitation of your Recordings by ZEBRALUTION in the amount of ninety per cent (90%).

b. Royalties allocated to your Recordings will be reported to you by MusicHub via the “Balance Dashboard” in MusicHub, promptly after the receipt of the DSPs’ reports and after processing by the distribution partner ZEBRALUTION. The full amount of reported Royalties that have not been paid out yet will also be shown in the dashboard. You can request a partial or full payout at any time in the MusicHub Dashboard. The minimum amount for a payout is €5.00 (five euros); your right to a payout of the remaining amount upon termination of your subscription remains unaffected by this requirement. A further precondition for a payment of the amounts is that there are no rights on our part to withhold this amount, for example due to outstanding subscription fees or other claims of MusicHub against you.

c. To ensure that the credit note is correct from a tax perspective, you are responsible to keep your master data in MusicHub up-to-date at all times, in particular regarding your residence, tax number, small business status and withholding tax exemption. In the event that you are not subject to unlimited tax liability in Germany, MusicHub is entitled to retain and pay withholding tax on your income, except in cases where you provide us with a valid exemption from the German Federal Central Tax Office (in German, “Bundeszentralamt für Steuern”).

d. The payment of the requested amount shall take place within 7 days, free of charge, to your SEPA account. For international bank transfers outside the Euro zone and for the use of other payment methods such as PayPal which are planned for a later date, we reserve the right to charge fees which will be shown to you when you select the respective payment method.

VI. Warranties  

a. You know best who has contributed to your recordings and whether the rights in your recordings have already been assigned before. MusicHub, the distributor and the DSPs must be able to rely on you in this respect.  

b. You therefore warrant and represent to MusicHub that

  • aa. all audio files submitted via the Release Tool to the distribution partner ZEBRALUTION are Recordings in accordance with our General and Special Terms and Conditions,
  • bb. you are the owner of the rights and entitlements required for the Release in accordance with these Special Terms and Conditions and that you have the full right, power and authority to enter into and perform this contract,
  • cc. MusicHub, the distribution partner ZEBRALUTION and the DSPs do not have to make any payments except for those specified in these Special Terms and Conditions in connection with the acquisition, the exercise and exploitation of rights covered by these Special Terms and Conditions,
  • dd. no rights of any kind which could affect the exercise of the rights covered by these Special Terms and Conditions have been or will be granted to a third party,
  • ee. the publication/release, distribution, marketing, promotion and exploitation of the Recordings do not infringe any laws or legal regulations or the rights of any third parties.

This means in particular that

  1. i. you shall acquire any necessary rights or permissions from all third parties involved in the Recordings, including the rights of performing artists, vocalists, musicians, speakers, sound engineers, mixers, remixers, artistic producers, producers of sound recordings, event organisers/promoters, broadcasters and other contributors and rightsholders in a retransferable form and that you shall pay all parties involved an adequate remuneration,
  2. ii. you shall clear all samples potentially included in the recordings with the holders of the respective copyrights in musical works and rights in the sound recordings and that any payments to these original rightsholders shall be made by you,
  3. iii. your recordings shall not violate youth protection or criminal laws or trademark and moral rights of third parties.

c. Rights which have been assigned to GEMA for fiduciary management shall not be covered by this warranty.

d. The indemnification clause in section B. X. of the General Terms and Conditions of MusicHub shall also apply for the aforementioned warranties.

VII. Copyright to the works underlying your Recordings

a. The DSPs are generally responsible for licensing the copyrights to the works underlying your Recordings from the appropriate collecting society or music publisher.

b. If you are also involved as a composer, lyricist or in any other capacity in the works underlying your Recordings, a separate report of the amounts paid by the DSPs for the use of the works will be made directly through your collecting society or music publisher - this report is not subject to your legal relationship with MusicHub.

c. In case you wish to make Recordings of other people's works available for download in the U.S., you must obtain the necessary license for "Digital Phonorecord Deliveries" (downloads) in accordance with the industry practice and legal situation in the U.S. and pay the corresponding "Mechanical Royalties" (copyright fees) to the rights holders.

d. Should the copyrights to the works underlying your Recordings not be held by a collecting society or music publisher, you indemnify MusicHub, ZEBRALUTION and the DSPs from any claims by third parties.

D. SPECIAL TERMS AND CONDITIONS LYRICS

In the context of the Lyrics Tool, MusicHub allows you to send song lyrics (the song lyrics provided via the Lyrics Tool together with metadata and including any annotations hereinafter referred to as "Lyrics") to so-called "Lyrics Partners"; the Lyrics Partners may be operators of websites, apps, search engines or other digital media offerings that publish song lyrics, or DSPs as defined in the Specifications of Services of the Release Tool, or also so-called song lyrics aggregators that supply the aforementioned companies with verified and licensed song lyrics. For the distribution of song lyrics - conditional on your use of the Lyrics-Tool - the following Special Terms and Conditions apply in addition to the General Terms and Conditions.

I. No guarantee for publication and remuneration

a. MusicHub cannot guarantee that the Lyrics Partners will include your Lyrics in their services. MusicHub also cannot guarantee that the Lyrics Partners will remove from their services lyrics provided by third parties (such as fans as so-called "User Generated Content") that do not match your Lyrics. However, MusicHub will use reasonable efforts to make the official Lyrics provided by you available in the most important and relevant places with the help of Lyrics partners. You can find out which Lyrics partners we supply in the Help Center under FAQs.

b. The focus of our Lyrics Tool is the distribution of your song lyrics to enable fans on many different platforms to engage with your song lyrics. Wherever revenue is generated from the publication of your Lyrics, we will seek an appropriate royalty share of such revenue. However, we cannot guarantee monetization by Lyrics Partners and distribution of royalties to MusicHub for all conceivable uses.

II. Grant of rights

a. You grant MusicHub a non-exclusive, worldwide license, limited in time to the duration of your subscription to MusicHub and transferable to the Lyrics Partners, to exploit the graphic rights to the Lyrics. MusicHub accepts this grant of rights. The granting of rights includes, in particular, the right to reproduce, distribute, make publicly available and broadcast the Lyrics, including the statutory participation claims arising from these rights, unless these have been exclusively assigned to a collecting society, but exclusively as a so-called transitory right, which only Lyrics Partners and their service providers and end customers are entitled to exercise, but not MusicHub itself. The aforementioned grant of rights also includes, in particular, the use of the Lyrics within the scope of streaming, download, social media and other digital services, including the synchronization with sound and video recordings, and the connection with the name, logo, biography and discography of the performers as well as the title, cover, artwork and video of recordings of the underlying work, using a wide variety of business models such as purchase, subscription, usages financed by advertising or by other means.

b. You also allow the Lyrics Partners to translate the Lyrics into languages other than the original language. Such conversions may only reproduce the meaning of the original lyrics word for word and may not represent "translations" in the sense of an artistic rephrasing taking into account the rhythm etc. of the associated composition; the creation of an adaptation in the sense of a copyrighted work is therefore not permitted to the Lyrics partners during the conversion.

III. Takedown of Lyrics

a. You may take your Lyrics down at any time without notice of any reason through the distributor by sending an email to support@music-hub.com, in which case, a so-called “Takedown Notice” will be sent by MusicHub to all Lyric Partners with the request to remove the respective Lyrics from the service.

b. If your subscription ends, this does not automatically mean that your Lyrics will be taken down by the distributor, because your MusicHub account will not simultaneously be deleted. In this case, your Lyrics will remain available via the Lyric Partners until you revoke the rights yourself or your MusicHub account is terminated according to section B. IX of the General Terms and Conditions and MusicHub takes your Lyrics down. You will continue to receive the revenue share and billing mentioned in section D. IV., which you can manage in your account. However, if you have not purchased a new subscription within 12 months after the termination of your subscription, MusicHub reserves the right to take your Lyrics down despite the continued existence of your account, in particular if the cost of billing is grossly disproportionate to the benefits from your revenues. However, there is no obligation to take your Lyrics down after 12 months. 



c. Furthermore, MusicHub is entitled to take your Lyrics down, with or without termination of your account, if you violate the General Terms and Conditions, especially sections B. II. to VIII., or these “Special Terms and Conditions Release for Lyric”, especially section D. V. This means, MusicHub can take your Lyrics down if rights of third parties are asserted, or if the Lyrics may violate legal regulations.

IV. Royalties and reporting

a. You will receive a “Royalty” calculated as a percentage of the Net Income (defined as gross royalty income less VAT) of MusicHub from the graphical exploitation of your Lyrics in the amount of ninety per cent (90%).

b. Royalties allocated to your Lyrics will be reported to you by MusicHub via the “Balance Dashboard” in MusicHub, promptly after the receipt and processing of the reports of the Lyrics Partners. The full amount of reported Royalties that have not been paid out yet will also be shown in the dashboard. You can request a partial or full pay out at any time in the MusicHub Dashboard. The minimum amount for a pay out is €5.00 (five euros); your right to a pay out of the remaining amount upon termination of your subscription remains unaffected by this requirement. A further precondition for a payment of the amounts is that there are no rights on our part to withhold this amount, for example due to outstanding subscription fees or other claims of MusicHub against you.

c. To ensure that the credit note is correct from a tax perspective, you are responsible to keep your master data in MusicHub up-to-date at all times, in particular regarding your residence, tax number, small business status and withholding tax exemption. In the event that you are not subject to unlimited tax liability in Germany, MusicHub is entitled to retain and pay withholding tax on your income, except in cases where you provide us with a valid exemption from the German Federal Central Tax Office (in German, “Bundeszentralamt für Steuern”).

d. The payment of the requested amount shall take place within 7 days, free of charge, to your SEPA account. For international bank transfers outside the Euro zone and for the use of other payment methods such as PayPal which are planned for a later date, we reserve the right to charge fees which will be shown to you when you select the respective payment method.

V. Warranties

a. You know best who has contributed to your Lyrics and whether the rights in your Lyrics have already been assigned before. MusicHub, the Lyric Partners and the DSPs must be able to rely on you in this respect.

b. You therefore warrant and represent to MusicHub that

  • aa. all Lyrics submitted via the Lyrics Tool are Lyrics in accordance with our General and Special Terms and Conditions,
  • bb. you are the owner of the rights and entitlements required for the Lyrics in accordance with these Special Terms and Conditions and that you have the full right, power and authority to enter into and perform this contract,
  • cc. MusicHub, the Lyric Partners and the DSPs do not have to make any payments except for those specified in these Special Terms and Conditions in connection with the acquisition, the exercise and exploitation of rights covered by these Special Terms and Conditions,
  • dd. no rights of any kind which could affect the exercise of the rights covered by these Special Terms and Conditions have been or will be granted to a third party,
  • ee. the publication, distribution, marketing, promotion and exploitation of the Lyrics do not infringe any laws or legal regulations or the rights of any third parties.

This means in particular that

  1. i. you shall acquire any necessary rights or permissions from all third parties involved in the Lyrics, including the rights of other lyricists, composers, publishers and other contributors and rightsholders in a retransferable form and that you shall pay all parties involved an adequate remuneration,
  2. ii. your Lyrics shall not violate youth protection or criminal laws or trademark and moral rights of third parties.

c. Rights which have been assigned to GEMA for fiduciary management shall not be covered by this warranty.

d. The indemnification clause in section B. X. of the General Terms and Conditions of MusicHub shall also apply for the aforementioned warranties.

E. 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.

F. Right of withdrawal for consumers

If you are a consumer (i.e., a natural person who uses our Offer for a purpose that 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 the MusicHub subscription 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
10997 Berlin
E-Mail: legal@music-hub.com

by way of an unambiguous declaration (e.g., a letter sent by post, fax or e-mail) of your decision to withdraw from the subscription 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 withdrawal

If you withdraw from the subscription 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 want to withdraw from your subscription contract, please fill out this form and send it back to us).

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

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

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

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer, date (only in case of notification on paper)

(*) Please delete as appropriate

End of the withdrawal policy