Terms and Conditions

Gregor Nobis ("MusicSubmit", "we", "us", "our") is providing this web site as an online platform for musicians and music resources.

To assist you in using our www.musicsubmit.com web site (the "Web Site" or the "Site"), and to ensure a clear understanding of the relationship arising from your use of our Site, we have created a Privacy Policy and a set of Terms and Conditions of Use. Our Privacy Policy explains how we protect and treat contact and other information you provide to us through the Site, and our Terms and Conditions of Use govern your use of our Site generally. Please read our Privacy Policy and our Terms and Conditions of Use carefully - they impose legal obligations on you. By using or accessing our Site, you are acknowledging that you have read and understood these terms and agree to be legally bound by them.

Terms and Conditions of Use

PLEASE REVIEW THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. These Terms and Conditions of Use ("Terms and Conditions") constitute the contractual agreement between you and MusicSubmit regarding your use of our Site and any activities or transactions you may conduct through the Site. In these Terms and Conditions, the words "you" and "your" refer to any person accessing the Site, and the words "we," "us," and "our" refer to MusicSubmit.

By using our Site, you agree to these Terms and Conditions.

1. Overview

We have organized the elements of our Terms and Conditions in sections. If after reading through these Terms and Conditions you still have questions, please feel free to contact us by clicking on the following link: contact us.

1.1. Legal Information

This website is operated by: Gregor Nobis Gustav-Adolf-Str. 19a 04105 Leipzig Germany E-mail: support@musicsubmit.com As a consumer, you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement.

1.2. Data Protection (GDPR)

The processing of your personal data is governed by the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). For detailed information about how we process your personal data, please refer to our Privacy Policy. You have the right to access, rectify, erase, restrict processing, and data portability regarding your personal data.

2. Registration for Certain Users

To obtain access to certain account materials and information from our Site, we ask that you become a registered user. Our registration forms will specify the information which you must provide in order to enjoy the particular feature, and the information which you may, at your option, choose to provide or withhold. In connection with registering at our Site, you agree to provide us with accurate, complete, and updated information required by the registration form ("About you"), including, without limitation, your legal name, address, telephone number(s), applicable payment data (e.g., credit card number and expiration date) and such other information that may be required by such forms. Information provided to us by you in connection with registering at our Site will be protected by us in accordance with the terms of our Privacy Policy.

When you register at our Site, you will create a "user id" and a "password," providing you access to associated services and materials. When you re-visit our Site, this user id and password will provide this same access to you. If you become a registered user of our Site, you agree not to disclose your login name and password to any third party. If at any time you believe that your login name and/or password has been revealed to any other party, or otherwise compromised, you agree to change your login name and/or password immediately through our "Edit Profile" page on our Site. You agree to be responsible for, and to release, indemnify and hold MusicSubmit, and its officers, directors, employees, agents, licensors, and suppliers, harmless from, any unauthorized use of your login name or password.

3. Certain Fees for Registered Users

If you become a registered user, certain portions of your use of and access to the Site may be subject to payment of certain fees to us. We offer different subscription packages for different fees as identified on our Site.

3.1. Right of Withdrawal for Consumers

As a consumer, you have the right to withdraw from subscription purchases within 14 days. This withdrawal right does not apply to services that have been fully performed with your explicit consent. For digital content, the withdrawal right expires once performance has begun with your prior express consent and acknowledgment that you lose your withdrawal right.

4. Ownership Of Site Contents

Unless otherwise noted, all text, images, illustrations, designs, icons, photographs, video clips, sound clips, and other materials that are part of this Site (collectively, the "Contents"), are copyrighted works, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by MusicSubmit (or used in accordance with "fair use" principles). The Site as a whole is protected by copyright and trade dress, all worldwide right, title and interest in and to which is owned by MusicSubmit.

The phrase "MusicSubmit" is a US federally registered trademark owned by MusicSubmit. Other trade names and trademarks present on the Site either are owned by MusicSubmit, appear with the permission of their respective owners, or appear under principles of "fair use." Unless otherwise noted, by using a third party's trademark or trade name on this Site, MusicSubmit does not intend to suggest any affiliation with or endorsement of such third party or its products or services, and MusicSubmit hereby expressly disclaims any such affiliation or endorsement.

5. Downloading and Use of Site Contents

The Contents of our Site, and the Site as a whole, are intended strictly for the purpose of providing information about bands, musicians other materials relating to the music industry to the users of our Site (collectively, "Permitted Uses"). You may download and copy the Contents displayed on the Site solely for such Permitted Uses, and provided that you do not remove any copyright or other proprietary notices contained on the materials. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as provided above), modify, publish, distribute, sell, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. Use of the Content or any related software which is not expressly permitted by these Terms and Conditions constitutes a breach of these Terms and Conditions, and may also constitute a violation of copyright, trademark, and other law.

6. User Comments and Submissions

With respect to any photographs, video clips or sound clips you may provide to MusicSubmit for posting on your online press kit (collectively, "Submissions"), such Submissions shall remain your property. You hereby unconditionally grant to MusicSubmit a non-exclusive, irrevocable fully paid and royalty-free license to use, reproduce, publicly perform and publicly display, the Submissions SOLELY IN CONNECTION WITH THE SITE.

MusicSubmit does not endorse, sanction or verify, and specifically disclaims responsibility or liability for, any user Comments. MusicSubmit has no obligation to respond to any Comments, and we reserve the right, but undertake no duty, to review, edit, move, or delete, in our sole discretion and without notice, any material posted by users that we may include on the Site. You represent, warrant and agree (i) that you are authorized to submit the Comments you provide to us; and (ii) that all Comments submitted by you to the Site do not and will not violate any rights of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary right(s). You agree to keep a copy of any Comments you provide, as MusicSubmit shall have no obligation to return any Comments to you.

Without limiting any of the foregoing, you furthermore agree that MusicSubmit may use or disclose information about you and your use of the Site in accordance with our Privacy Policy. With respect to any information relating to other users of the Site to which you may be permitted access through the Site, you agree that you may use such information only in connection with activities related to the purpose of the Site, which activities, without limitation, shall not include (i) the sending of unsolicited communications of a commercial nature; (ii) the sending of any other communications after receiving notification that the recipient no longer wishes to receive communications from you; or (iii) the sale or rental of such personal information to any other parties.

7. Prohibited Uses

In addition to other prohibited uses specified in these Terms and Conditions, you are expressly prohibited from using our Site to post or transmit any advertising, "spam," threatening, defamatory, profane, obscene, scandalous, or inflammatory material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. MusicSubmit disclaims all responsibility or liability arising from the content of any such postings, and assumes no responsibility for any error, omission, defamation, falsehood, profanity, obscenity, or threat contained in any information posted on the Site or transmitted through the Site. As provided in our Privacy Policy, MusicSubmit will comply with court orders directing MusicSubmit to disclose the identity of users posting such information or materials, or otherwise directing compliance by MusicSubmit.

You agree to refrain from undertaking any activity that imposes an unreasonable or disproportionate load on the Site. In addition, you may not use any hardware, software, or routines, including but not limited to any viruses, "bots," or other devices intended to interrupt or harm the workings of the Site, and agree to refrain from any attempt to intercept, access or monitor any system, data, or information on or in transit to or from the Site.

8. Intellectual Property Complaints

MusicSubmit respects intellectual property rights. If you believe that materials posted on our Site infringe your intellectual property rights, please contact our designated representative with a detailed complaint including identification of the allegedly infringing material and your contact information.
Designated Representative:
support@musicsubmit.com
MusicSubmit.com
c/o Gregor Nobis
Gustav-Adolf-Str. 19a
04105 Leipzig
Germany

8.2. Content of Notice

You should notify our Designated Agent of your concerns as follows:
(i) Place your concerns in writing, and sign the document;
(ii) Identify the Work, which you believe is being infringed;
(iii) Identify the material on our site which you believe infringes your Work, and identify this material in a sufficient manner to permit us to locate the material without undue searching; and
(iv) Provide in your notice sufficient information for us to contact you, including an address, telephone number, and, if available, an e-mail address.
To qualify for protection under this Section, you must in good faith believe the challenged use is unauthorized, and all statements in your notice must be accurate, and signed under penalty of perjury.

8.3. Our Response; Counter-Notifications

Upon receipt of a proper notice in the form specified above (a "Notice"), we will remove or disable access to the materials on our site which you assert infringe your Work. We will also take steps to promptly notify the person or persons responsible for the allegedly infringing materials (the "Respondent") that we have removed or disabled access to the materials. Under the Digital Millennium Copyright Act, the Respondent is provided an opportunity to dispute your claim that his or her materials infringe your Work. By law, the Respondent may provide us with a "counter-notification." Upon receipt of a proper counter-notification, we will act as provided in the Digital Millennium Copyright Act.

9. Links To Other Web Sites And Services

MusicSubmit does not control the availability or content of any outside web sites, services, or resources to which this Site may link. Concerns regarding any such service, resource, or link should be directed to the particular outside service or resource. MusicSubmit does not necessarily endorse, sanction, or verify sites to which our Site links, and we provide these links merely for our users' convenience. Access to other sites linked to this Web Site is at your own risk, and we disclaim all liability with regard to your access to such linked web sites. In addition, we do not necessarily endorse, sanction, or verify sites that link to this Site, even if any logo or mark of MusicSubmit is used as part of the link to this Site.

10. Refunds and Gift Certificates

Our Refund Policy describes our refund policy for one-time purchases and subscriptions in detail.
Gift certificates issued by MusicSubmit and unused portions of such gift certificates are valid for a full seven years from the date of original issuance except as prohibited by law. MusicSubmit does not deduct or otherwise charge any service or dormancy fees during the seven year life of the gift certificate. At the conclusion of the seven year period, the gift certificate expires except as prohibited by law.

Gift certificates must be redeemed through the MusicSubmit.com website toward the purchase of subscriptions and services available and listed thereon.

Gift certificates are not redeemable for cash and cannot be returned for a cash refund unless and until 90% of the original value of the gift certificate has already been redeemed for subscriptions or services on the MusicSubmit.com website.

MusicSubmit is not responsible for lost or stolen gift certificates. MusicSubmit will have the right to close customer accounts and request alternative forms of payment if a fraudulently obtained gift certificate is either redeemed through the MusicSubmit.com website or is redeemed and used to make purchases on the MusicSubmit.com website.

All sales transacted through the MusicSubmit.com website are final. In the event that MusicSubmit decides that a refund may be available in their sole discretion, the form of such refund is also within the sole discretion of MusicSubmit.

MusicSubmit and its affiliates make no warranties, express or implied, with respect to gift certificates and services offered, including without limitation, any express or implied warranty of or fitness for a particular purpose. MusicSubmit makes no representations of any kind, express or implied, as to the operation of this website, any third-party website or any third-party services accessed through this website, or any of the materials incorporated therein. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above may not apply and you might have additional rights.

MusicSubmit.com and MusicSubmit are terms used interchangeably throughout this website. MusicSubmit reserves the right to change these terms and conditions from time to time in its sole discretion.

11. Disclaimer of Warranties

While we use reasonable efforts to include and to pass on to others associated with this Site accurate and up-to-date information, we make no warranties or representations as to such information. MusicSubmit SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE CONTENT ON THE SITE OR INFORMATION FLOWING THROUGH THE SITE.

Further, we specifically make no representation or warranty and assume no liability or responsibility with respect to you or to any other users of the Site, including but not limited to (i) the offering or availability of any postings made by you or any other users of the Site, including but not limited to whether any events will occur or whether musicians contacted through the Site will show at any such events; (ii) the ability of you or any other user of the Site to engage in transactions with any other user of the Site; (iii) any details relating to any transactions you may engage in with any other use of the Site; (iv) the quality of the listings or other information offered by you or any user of the Site; (v) the financial condition of you or any user of the Site; or (vi) compliance with local, state and federal laws by you or any other user of the Site.

YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. YOU SHOULD CONDUCT YOUR OWN INDEPENDENT INVESTIGATION OF THE USERS OF THIS SITE BEFORE ENTERING INTO ANY TRANSACTION WITH SUCH PERSONS. IN NO EVENT SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY FINANCIAL OR OTHER OBLIGATIONS THAT MAY ARISE BETWEEN YOU AND ANY OTHER USER OF THE SITE.

You acknowledge that documents posted to and Content available at the Site may contain computer viruses. Should you download any such materials from the Site, IT IS YOUR RESPONSIBILITY TO PERFORM ANY SCANNING OR OTHER ANTI-VIRUS PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THE SITE.

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, ACCURACY, COMPLETENESS, CURRENCY, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND AGREE TO VERIFY ANY INFORMATION BEFORE RELYING UPON IT. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusion may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

12. Limitation of Liability

NEITHER MusicSubmit NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR, OR ANY OTHER PARTY'S, ACCESS TO, OR USE OF, THE SITE. IN ADDITION, WE SHALL HAVE NO LIABILITY FOR: " ANY LOSS OR FAILURE TO PERFORM OUR OBLIGATIONS DUE TO ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL; " ANY ERRORS, OMISSIONS, INACCURACIES, DELAYS OR INTERRUPTIONS IN RESPECT OF THE CONTENT OR OUR SERVICES; OR " ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE SITE CONTENT OR OUR SERVICES.

13. Choice of Law and Jurisdiction

These Terms of Use shall be construed in accordance with the laws of Germany. Any dispute arising under this Agreement shall be resolved exclusively by the competent courts in Leipzig, Germany.

14. Modifications

We may make improvements or other changes to the Site, or to the information and services offered at the Site, without notice to you. We may add, delete, move, or modify some or all of the Site at any time. We may make such changes for any reason, including, without limitation, changes to due to the circumstance (a) that an agreement with a third party cannot be maintained on terms reasonably acceptable to us; or (b) that the Site or its components become illegal or contrary to law or relevant regulation.

In addition, we may from time to time change these Terms and Conditions governing your use of our Site. We will post these changes here, in our Terms and Conditions. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions, as changed.

15. Assignment

MusicSubmit may wish at some point to assign or transfer its rights in this Web Site to a third party. You agree that MusicSubmit may transfer or assign to a third party all of its rights and obligations with respect to you, including any rights and obligations with respect to your personal data in accordance with GDPR requirements, on the condition that such third party agree to abide by MusicSubmit's then-applicable Privacy Policy.

16. Indemnities

You agree to indemnify MusicSubmit, and its officers, directors, employees, agents, licensors, and suppliers against any loss, damage, costs or expenses arising out of or in connection with your use of the Site and any claim by a third party against us as a result of any breach by you of these Terms and Conditions, including any misuse of the Content.

17. Access Privileges

MusicSubmit may discontinue, change, or restrict your use of this Web Site for any reason without notice. Moreover, we reserve the sole and absolute discretion and right to deny, revoke, or otherwise restrict the access privileges of any user that at any time fails to comply with these Terms and Conditions, including the right to block access from a particular Internet address to the Web Site.

18. Severability

If any provision of these Terms and Conditions or our Privacy Policy is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions or the Privacy Policy, which shall remain in full force and effect. No waiver of any provision of these Terms and Conditions or the Privacy Policy shall be deemed a further or continuing waiver of such provision.

19. Survival

Without limiting any other provisions of these Terms and Conditions or the Privacy Policy, (a) your indemnification obligations under Section 2 (Registration for Certain Users) and Sections 3 (Certain Fees for Registered Users), 4 (Ownership of Site Contents), 6 (User Comments and Submissions), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Choice of Law and Jurisdiction), 14 (Assignment), 15 (Indemnities), 17 (Severability) and 19 (Complete Agreement) of these Terms of Use; and (b) Section 6.6 (Relationship to Terms of Use) of the Privacy Policy, shall survive any termination of these Terms of Use and/or the Privacy Policy.

20. Complete Agreement

In addition to these Terms and Conditions (and Subscription Agreement, if any), your use of our Site is also subject to our Privacy Policy. Together with our Privacy Policy, these Terms and Conditions (and Subscription Agreement, if any) constitute the entire agreement between you and MusicSubmit with respect to use of the Site and supercede any and all prior representations and agreements, oral or written, relating to the subject matter hereof.

21. Your Consent

By using our Web Site, you agree to comply with, and be bound by these Terms and Conditions. If you do not agree with some, or all of these Terms and Conditions, please refrain from visiting our Site.

22. Contact Us

You may contact us, for any reason, by e-mail as follows:
support@musicsubmit.com

You may contact us by mail as follows:
MusicSubmit.com
c/o Gregor Nobis
Gustav-Adolf-Str. 19a
04105 Leipzig
Germany