Terms and Conditions (GTC)
1 Scope
1.1 These Terms and Conditions (hereinafter “Terms”) apply to all of MUSIC2BIZ (hereinafter “MUSIC2BIZ” or “Provider”) services offered on the website, especially the music streaming service “MUSIC2BIZ” (hereinafter “music service” ) that are provided to users on the MUSIC2BIZ website with the URL www.music2biz.com or made available by applications for mobile or stationary devices (hereinafter “apps”).
1.2 By using the music platform, at the latest by completion of his personal registration, the user acknowledges the validity of these Terms and Conditions.
1.3 These Terms and Conditions shall also apply to the use of the apps provided by MUSIC2BIZ, if their use is not regulated by an additional End User License Agreement (EULA).
1.4 In addition to these Terms, the “Privacy Policy” of MUSIC2BIZ apply additionally. They can be accessed by the user at any time via the website of MUSIC2BIZ – as well as the present terms and conditions.
2 Contract
2.1 MUSIC2BIZ provides background music for business customers via online streaming. The conditions for the use of music streams are as follows:
2.2 The main component of the MUSIC2BIZ music service is the provision of music recordings to be accessed over the Internet in the form of music channels. The selected channels for background music are transmitted continuously to the device of the user. A permanent storage (download) of the music for the purpose of their permanent possession is excluded. The music service is provided as a subscriptions model.
2.3 The subscription includes the music rights, the licenses and the MUSIC2BIZ player software.
With a subscription, the subscriber gains access to music channels currently offered. All tracks are 100 % royalty free. A confirmation for the collecting societies you find here. MUSIC2BIZ maintains and updates the music channels constantly.
3 Offers and Service
3.1 With its music service MUSIC2BIZ provides access to an extensive repertoire. MUSIC2BIZ distinguishes between “test-user” and “subscriber”. MUSIC2BIZ reserves the right, if necessary, to design the access option and the services differently in different countries.
3.1.1 A “test users” of the music service is a user who has successfully completed the specified registration process by providing MUSIC2BIZ with current, complete, and accurate information as requested by the registration form. The use of MUSIC2BIZ is free during the test phase. The ability to access the MUSIC2BIZ music repertoire is limited. To use all the available access options permanently, a paid subscription is required.
3.1.2 “Subscriber” means any user of the music service, who decided to use the paid service or „upgraded“ from the „test user“ to a paid subscription, so that he can use all the services of MUSIC2BIZ without any operating restrictions in the long term. The various offers and service packages and their prices can be accessed via the MUSIC2BIZ tariff page.
3.2 MUSIC2BIZ offers each user the option, to use the music service for a, limited period of time (for example 30 days) to test for free (“trial” or “trial period”), the presently applicable „trial period“ is specified during the registration process. The test user can inform MUSIC2BIZ till 2 days before the test period ends, in case he wants to terminate the use of the service. This must be by in writing, such notification can be delivered by post or mail or via contact forms on the MUSIC2BIZ website. If the user does not terminate the use of the service, the trial automatically becomes a paid subscription and the regular conditions and termination options apply .
Participation in the free trial requires that the user already specifies his payment method at the beginning of the trials of MUSIC2BIZ and agrees, that MUSIC2BIZ after the free trial period settles the agreed fees for the selected scope. The account begins on the day following the last day of the trial period.
3.3. The subscriber may use the music service only as background music in restaurants, shops, factories, studios, offices and other business spaces of the company. The use of the music streams for any other purpose is prohibited. The subscriber warrants that he will not sell the music, provide others with the music streams or provide others with copies of the music. The Subscriber agrees without the right of objection to pay a penalty in the amount of € 500 for every day or every case of violation of the above points.
3.4 If MUSIC2BIZ is issuing vouchers for free use of its music service, users only redeeming this to a limited pre-defined time period to use the music service in the period specified in association with the voucher. MUSIC2BIZ reserves the right to change or terminate a free voucher period at any time and for any reason, without any announcement. For the free use of the music service through a voucher the registration of the user at MUSIC2BIZ is set as a prerequisite.
3.5 If MUSIC2BIZ will offer content and / or functions free of charge in addition to its chargeable services, these are subject to change at any time without notice and that these additional services can be made acceccible against payment of a separate charge only. Moreover MUSIC2BIZ assumes no responsibility for the completeness and / or accuracy for all content and / or services offered free of charge.
3.6 To use the music service, the user has to meet the technical requirements at their own cost. He has to bear the cost of access and use of the Internet . Should the technical standards on the Internet or those of the music service change, then the user must adapt to these changes at his own expense. The necessary system requirements for using the MUSIC2BIZ content and /or services are posted on the website and should be read and observed by the customer prior to the subscribing.
4 Registration
4.1 To use the music service the user’s registration with a valid email address, a personal password and agreement to these Terms and Conditions and Privacy Statement of MUSIC2BIZ is required. In addition to this the first and last name, address, company name and a valid payment method must be specified. MUSIC2BIZ stores the data given by the user during the registration process and will sent a confirmation after the successful completion of the registration to the specified email address.
4.2 MUSIC2BIZ reserves the right to reject any registrations from users without giving reasons.
4.3 By registering, the user agrees that MUSIC2BIZ might send informations to him on service upgrades or service changes by email or by post.
5 User Account
5.1 After the successful completion of the registration by the user an individual user account (hereinafter “Account”) is made available.
5.2 Under “My Account” the user can manage all personal data. All information s of the user, which go beyond the requested registration data are voluntary, but must be truthful.
5.3 In addition, subscribers have the possibility to view their account history for the payable services ordered by them in their backoffice.
5.4 The personal account of the user is protected by the user’s chosen password from access by others. The user is obliged to treat his or her password confidential and to ensure the necessary care to ensure that third parties do not obtain access thereto. A passing of access to third parties and / or their authorization to use the user’s account is explicitly prohibited to the user. The user is solely responsible for ensuring that his credentials are not used unlawfully by third parties for access to MUSIC2BIZ. Once the user suspects that his credentials are lost, stolen or is otherwise under the impression that the personal account of the user is used by third parties, he shall immediately notify MUSIC2BIZ and change the password on his account.
5.5 The user can basically achieve his account from every internet device. The use of the music service is, however, possible only from one device at a time. A simultaneous use with multiple devices violates this User Agreement and is therefore not possible. Every currently played music stream is terminated on the used decice, when the user logs in simultaneously on another.
6 Subscription based service
6.1 The “premium area” of the music service is accessable for paying subscribers only.
6.2 The premium area of music service is offered exclusively to corporate clients.
6.3 Registration for the premium service of MUSIC2BIZ assumes that the user states the personal and corporate data, including its name, address, company name and the required payment data.
6.4 The registering of the user is a binding offer, which conclude a contract fee on the use of the services offered by MUSIC2BIZ. The Subscription Contract between MUSIC2BIZ becomes effective through MUSIC2BIZ´ sending of a confirmation e-mail to he user.
6.5 All details concerning the nature and extent of services, the details on the functions available and their availability are available on the MUSIC2BIZ site.
7 Prices, payment processing and accounting
7.1 The prices stated on the website for MUSIC2BIZ subscriptions are mandatory net prices and do not include the legally applicable VAT always. MUSIC2BIZ reserves the right to change the subscription fees indicated for use of the music service at any time. Any price change and its effect is communicated to all subscribers in time in text form. If a subscriber won´t accept the changed prices, he is entitled to terminate the license agreement with the expiration of his current utilization period.
7.2 The payment for the selected subscription period is due immediately after the transmission of the confirmation e-mail and will be charged to the subscribers on chosen payment method in advance. The payment methods offered by MUSIC2BIZ are displayed to the subscribers during the registration process. Currently, the payment can be made either by direct debit, PayPal or credit card. MUSIC2BIZ reserves the right to change the payment methods offered at any time and / or exclude certain payment methods in individual cases.
7.3 Payments made by the subscriber are documented in his account back office. The invoice is analogous to the above payment periods. The invoice will be sent by email to the specified email address.
7.4 In the event that a payment of the subscriber could not be fullfilled, MUSIC2BIZ will inform the subscribers immediately by e-mail. The subscriber has the obligation to pay the total amount due as set out in the reminder email within five (5) business days to the account specified by MUSIC2BIZ. In case of a not successfully completed or undone payment MUSIC2BIZ is entitled to terminate the premium access for the user temporarily or the user account itself. However, the Subscriber will remain liable to settle the due.
7.5 Any additional costs that arise MUSIC2BIZ, because the payments could not be collected for a reason the subscriber is responsible for, eg due to an unauthorized chargeback or an insufficiently funded account, the subscriber has to reimburse these costs to MUSIC2BIZ.
8 Terms and notice
8.1 Test Users may terminate their free account at any time without notice for any reason with immediate effect against MUSIC2BIZ by deleting their account on the website. This hast he consequence of the irrevocable deletion of all personal data of the user, including his profile image, its playlists and other functions individually set up for him.
8.2 MUSIC2BIZ can cancel the free accounts at any time without giving reasons. If lawful, such notice is given by MUSIC2BIZ with a period of one (1) week in advance to users by e-mail.
8.3 The various terms of the rental or lease agreements for the premium ranges apply for a period of 3 or 12 months, depending on the chosen payment cycle and monthly price. Deviating agreements must be in writing. The subscription starts with the date of ordering online. Testing stages or special conditions can make a lead time required.
When the notice is not in writing or by e-mail two (2) weeks before the end of the subscription period, the subscription is renewed for the chosen pay period (3 or 12 months). The right to immediate termination for cause remains unaffected.
8.4 After an effective termination of the premium accounts MUSIC2BIZ will delete all user data at the end of the contract. According to the new regulation of § 309 Nr. 13 BGB of AGB-Law for an effective termination a declaration in writing is sufficient.
8.5 The right to extraordinary termination without notice for good cause exists for the user as well as for MUSIC2BIZ.
8.6 For all test users the present terms and conditions apply including all resultant rights and obligations accordingly, with the exception of pay duty.
9 Conditions
9.1 Withdrawal
The user may revoke his contractual declaration within 14 days in writing (eg letter, fax, e-mail) without giving reasons. Dispatch within the applicable notification period is sufficient. The revocation must be sent to:
MUSIC2BIZ, Tannenstrasse 1A, 85579 Neubiberg, Germany or by email: widerruf@music2biz.com
9.2 Consequences
In case of an effective withdrawal, the mutually received benefits are to be returned. If the user can only return them in a deteriorated condition, he must pay reasonable compensation to MUSIC2BIZ. This may mean that the user has to fulfill the contractual payment obligations for the period until the revocation. The deadline begins for the User with the dispatch of the cancellation notice, for MUSIC2BIZ with their reception.
9.3 Special Notes
The user’s right of cancellation expires prematurely if the contract is completely fulfilled by both parties before the user has exercised his right of withdrawal.
End of cancellation policy
10 Customer Support
10.1 The customer support of MUSIC2BIZ is available for all users in case of questions and / or problems related to the music services. You can reach the MUSIC2BIZ-Customer Service through the website.
10.2 Answers to the most common questions and / or problems can be found under MUSIC2BIZ FAQ, which are available at the website.
11 User Guidelines
11.1 The MUSIC2BIZ user account is assigned to each user personally and is not transferable. It may therefore be used only by those user who registered under his their names for the MUSIC2BIZ services. The user has to store his password securely and to protect against any misuse. The user is aware that he is liable for any damages by an unauthorized person.
11.2 The User agrees not to misuse the music service. An abuse of MUSIC2BIZ is ahead especially when the user attempts to gain unauthorized access to the system, to modify, delete, suppress or data or when he willfully violates in any way these terms and conditions.
11.3 For all users of MUSIC2BIZ the following actions are specifically prohibited:
11.3.1 The disclosure of their own access to MUSIC2BIZ and / or the use of other user accounts of MUSIC2BIZ;
11.3.2 The use of software, scripts, or mechanisms other technical resources that are likely to affect the operation of the Music Service or its applications;
11.3.3 Decompile the music service or its underlying software programs, disassemble or convert to using the Reverse-engineering to readable source code;
11.3.4 Any commercial use of the functions and / or content of the music service;
11.3.5 Any copyright relevant action as the reproduction, renting of content or login data etc;
11.3.6 the use of the music service to undertake a paid or unpaid public presentation of the available content on here;
11.3.7 The permanent storage and / or transmission of the content provided here about;
11.3.8 any act which is likely to affect the functioning of the Music Service or its infrastructure;
11.3.9 to remove any evidence of copyright, trademark or other intellectual property rights and / or to modify them
11.3.10 For each case of a violation of one or several Users of one or several provisions of these AGB the MUSIC2BIZ shall be entitled to exclude the User with immediate effect and without giving any reason and without the right for a claim for damages from MUSIC2BIZ.
12 Availability and liability
12.1 The user understands and hereby acknowledges explicitly that for technical reasons, no total availability of the music service can be guaranteed. In particular, regular and necessary maintenance and safety work that serve to maintain and improve the services of MUSIC2BIZ, and unforeseen events that are beyond the range of MUSIC2BIZ, occasionally requiring a separation of the systems from the Internet, so it may be time-limited downtime.
12.2 MUSIC2BIZ is liable for other damage only if the damage is due to gross negligence or willful misconduct of MUSIC2BIZ or one of its contractors. The liability is limited here to the time of concluding the contract reasonably foreseeable damage. This limitation of liability applies to both contractual and non-contractual claims
12.3 The liability due to mandatory statutory regulations remains unaffected in any case.
13 Amendment of Terms
13.1 MUSIC2BIZ has the right to change these Terms and Conditions any time.
13.2 In the event of a change in the Terms MUSIC2BIZ will notify the user of this in writing or by e-mail. The agreement of the user to the corresponding changes will be given as granted, if the user does not contradict the change in the Terms and Conditions within four (4) weeks after information.
13.3 The latest version of these Terms and Conditions may be accessed by the user at any time at the URL: http://music2biz.com/gtc/?lang=en
14 Final Provisions
14.1 MUSIC2BIZ is entitled to transfer all contracts falling within the scope of these terms with the user – in whole or in part –, with releasing effect to a third party. The user agrees to such transfer of contract hereby already now. In the event that MUSIC2BIZ will make use of the transfer option, the user has the right to terminate his contract extraordinarily without notice.
14.2 To all legal relationships between the user and MUSIC2BIZ the laws of the Federal Republic of Germany under exclusion of the CISG shall apply exclusively.
14.3 The exclusive place of jurisdiction is Munich.
14.4 A registration for MUSIC2BIZ can be made through the MUSIC2BIZ website only in German or English.
Online Dispute Resolution
The European Commission offers a platform for online dispute resolution. To visit the online dispute resolution platform click this link: http://ec.europa.eu/consumers/odr/
Status: 1st October 2016
