§ 3 Description of the Scope of Services

1. Services

   The dieplaylist.de platform offers users the opportunity to upload their own songs for a fee. These songs are added to the platform and can be included in the Top Hits list. If a song reaches number 1 in the Top Hits list for 8 consecutive weeks, dieplaylist.de will publish the song on other music platforms to increase the song’s reach.
   

2. Consent to Publication

   By submitting the song and uploading it to dieplaylist.de, the user consents to the song being included in the Top Hits list. If the song meets the stated conditions (number 1 for 8 weeks), the user agrees to the song being published on other music platforms to increase its reach.
   

3. Profit Sharing and Payment

   The user receives a 12% profit share of the revenue generated by the music platform dieplaylist.de through external music platforms. This profit share is paid annually in the first quarter via the PayPal payment service

§ 4 Prices

(1) Our prices include the applicable statutory VAT.

(2) The prices at the time of the order apply.

(3) If the user wishes to use a paid service, they will be informed in advance of the associated costs. In particular, the respective additional scope of services, the applicable costs, and the payment method will be listed.

(4) The Provider reserves the right to charge different fee models for different booking times and user groups, and in particular for different usage periods, as well as to offer different service scopes.

(5) The prices for our products are subject to change without prior notice.

(6) We reserve the right to change or terminate the Service (or any part or content thereof) at any time without notice.

(7) dieplaylist.de shall not be liable to you or any third party for any modifications, price changes, suspension, or discontinuance of the Service.

§ 5 Payment Terms

(1) Any applicable fees must be paid in advance to dieplaylist.de without deductions upon the due date.

(2) Payment can be made using the following payment methods:

– PayPal

(3) Certain payment methods may be excluded by the provider in individual cases.

(4) The customer is not permitted to pay for the service by sending cash or checks.

(5) If the customer chooses an online payment method, the customer hereby authorizes the provider to collect the amounts due at the time of the order.

(6) Should the customer default on payment, the provider reserves the right to claim damages for the default.

§ 6 Limitation of Liability (Services)

(1) dieplaylist.de assumes no responsibility for the content and accuracy of the information in the customer’s registration and profile data, as well as other content generated by the customer.

(2) With regard to the service sought or offered, the contract is concluded exclusively between the respective customers involved. Therefore, dieplaylist.de is not liable for the services provided by the participating customers. Accordingly, all matters regarding the relationship between the customers, including, without exception, the services received by a searcher or payments due to the customer, must be addressed directly to the respective party. dieplaylist.de cannot be held responsible for this and hereby expressly rejects all possible liability claims of any kind, including demands, performance, direct or indirect damages of any kind, conscious or unconscious, suspected or unexpected, disclosed or not, in any way related to the aforementioned matters.

(3) dieplaylist.de is only liable for damages resulting from injury to life, body, or health if they are based on an intentional or negligent breach of duty by dieplaylist.de or a willful or negligent breach of duty by a legal representative or vicarious agent of dieplaylist.de.

(4) For other damages, unless they are based on the breach of cardinal obligations (those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely), dieplaylist.de Europe is only liable if they are based on an intentional or grossly negligent breach of duty by dieplaylist.de or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of dieplaylist.de.

(5) Claims for damages are limited to foreseeable, contract-typical damages. In the event of delay, they shall not exceed 5% of the order value.

(6) Claims for damages based on injury to life, body, health, or freedom shall expire after 30 years; otherwise, after 1 year, with the limitation period beginning at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the identity of the debtor, or would have become aware of them without gross negligence (Section 199 (1) of the German Civil Code).

(7) The provider reserves the right to review the content of any text written by a user, as well as uploaded files, for compliance with the law and, if necessary, to delete them in whole or in part.

§ 7 Offsetting and Right of Retention

(1) The customer is only entitled to offset if the customer’s counterclaim has been legally established or has not been disputed by the provider.

(2) The customer may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 8 Cancellation Policy

(1) If the customer is a consumer, they have a right of cancellation in accordance with the following provisions:

(2) Right of Cancellation

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period for services is fourteen days from the date of conclusion of the contract.

To exercise your right of cancellation, you must inform us:

dieplaylist.de

Email: info@dieplaylist.de

of your decision to cancel this contract by means of an unambiguous declaration (e.g., by email). You can use the sample cancellation form attached below on our website or send us another unambiguous declaration. If you make use of this option, we will immediately send you (e.g., by email) a confirmation of receipt of such a cancellation.

To comply with the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the expiry of the cancellation period and that you return the goods via our online returns center within the period defined below.

(3) Consequences of Cancellation

If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.

If you have requested that the services begin during the cancellation period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the point at which you notify us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

(4) Exceptions to the right of withdrawal

The right of withdrawal does not apply or expires for the following contracts (according to Section 356 Paragraphs 4 and 5 of the German Civil Code):

for services, if dieplaylist.de has fully provided them and you have acknowledged and expressly agreed before ordering that we can begin providing the service and that you lose your right of withdrawal upon full fulfillment of the contract.

________________

Sample withdrawal form

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

– To dieplaylist.de, email address: info@dieplaylist.de:

– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (__________________)/the provision of the following service (_____________________) (*)

– Ordered on (____________)/received on (____________)

– Name of consumer(s)______________

– Address of consumer(s)______________

– Signature of consumer(s) (only for paper notification)__________________

– Date_________________

(*) Delete as appropriate.

You can download the form here.

§ 9 Data Protection

(1) If personal data (e.g., name, address, email address) is collected, we undertake to obtain your prior consent. We undertake not to disclose any data to third parties unless you have given your prior consent.

(2) We point out that the transmission of data over the Internet (e.g., via email) may be subject to security gaps. Therefore, error-free and uninterrupted protection of third-party data cannot be fully guaranteed. Our liability in this regard is excluded.

(3) Third parties are not authorized to use contact data for commercial activities unless the provider has given the data subjects prior written consent.

(4) You have the right to receive complete and free information from dieplaylist.de about the data concerning you at any time.

(5) Furthermore, the user has the right to rectification/deletion of data/restriction of processing.

(6) Further information on data protection can be found in the separate Privacy Policy.

§ 10 Personal Data

The transmission of personal data on our website is subject to our Privacy Policy. Please read our Privacy Policy for more information.

§ 11 Cookies

(1) We may use cookies to display our product offerings. Cookies are small text files that are stored locally in the cache of the website visitor’s internet browser.

(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a character string that allows websites and servers to be assigned to the specific internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.

(3) The use of cookies enables us to provide users of this website with more user-friendly services that would not be possible without the use of cookies.

(4) Please note that some of these cookies are transferred from our server to your computer system; these are usually so-called session cookies. Session cookies are characterized by the fact that they are automatically deleted from your hard drive after the end of the browser session. Other cookies remain on your computer system and allow us to recognize your computer system on your next visit (so-called persistent cookies).

(5) You can refuse the storage of cookies; a banner is available for this purpose, which you can refuse or accept.

(6) You can, of course, set your browser so that no cookies are stored on your hard drive or to delete cookies that have already been stored. Instructions on how to prevent or delete cookies can be found in the help function of your browser or software manufacturer.

§ 12 Errors, Inaccuracies, and Omissions

Occasionally, our website or Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. Any specified update date provided in the Service or on any related website should not be taken to indicate that all information in the Service or on any related website has been modified or updated.

§ 13 Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content:

(a) for any unlawful purpose; (b) to solicit or participate in any unlawful activity; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe or violate our or others’ intellectual property rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to transmit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track personal information of others; (i) to spam, phish, pharming, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

§ 14 Indemnification

You agree to indemnify, defend, and hold harmless dieplaylist.de and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

§ 15 Place of Jurisdiction and Applicable Law

(1) Any disagreements and disputes arising from this contract shall be governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The sole place of jurisdiction for orders from merchants, legal entities under public law, or special funds under public law is the registered office of the Provider.

§ 16 Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor influence.

You agree that we provide access to these tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We assume no liability whatsoever arising from or related to your use of additional third-party tools.

Any use by you of additional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also offer new services and/or features through the Website in the future (including the release of new tools and resources). Such new features and/or services will also be subject to these Terms and Conditions.

§ 17 Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions will continue in effect until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services, or when you cease using our Website.

If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any provision of these Terms and Conditions, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the termination date, and/or we may deny you access to our Services (or any part thereof).

§ 18 Final Provisions

(1) The contract language is German.

(2) We do not offer services for purchase by minors. If you are under 18, you may only use dieplaylist.de with the involvement of a parent or guardian.

(3) If you violate these Terms and Conditions and we do not take action, we are still entitled to exercise our rights on any other occasion in which you violate these Terms and Conditions of Sale.

(4) We reserve the right to make changes to our website, policies, and terms, including these Terms and Conditions, at any time. Your order will be subject to the Terms and Conditions of Sale, Contract Terms, and Terms and Conditions in force at the time you place your order, unless a change to these Terms and Conditions is required by law or government order (in which case they will also apply to orders you have previously placed). If any provision of these Terms and Conditions of Sale is invalid, void, or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

(5) The invalidity of any provision shall not affect the validity of the remaining provisions of the contract. Should this occur, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.

§ 19 Severability Clause

The invalidity of any provision of these General Terms and Conditions shall not affect the validity of the remaining provisions of the contract. Should this occur, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.

Sources: Wonder Legal