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§ 1 Scope and Contracting Party
These General Terms and Conditions (hereinafter "T&Cs") apply to all contracts between
OneCrewRecords c/o Cliff Dölling
Chopinstraße 36
09119 Chemnitz
Germany
Email: contact@onecrewrecords.de
(hereinafter "we", "us" or "OneCrewRecords")
and the users of our platform onecrewrecords.de (hereinafter "you", "Artist" or "Customer") who register for one of our digital music distribution packages. We hereby expressly object to any deviating terms and conditions of the Customer, unless we expressly agree to their validity in writing.
§ 2 Subject Matter of the Contract
Through the platform onecrewrecords.de, OneCrewRecords offers you digital distribution services for your musical works, in particular:
- the distribution of your releases to digital music platforms and streaming services (e.g. Spotify, Apple Music, and other distribution partners listed in the Release Wizard),
- the provision of a personal Artist Dashboard for managing your releases, your public artist profile, and your sales and royalty overview,
- the recording and forwarding of royalties (streaming and sales revenues) that our distribution partners report and pay out to us.
The scope and content of each bookable package are set out in the current package overview at onecrewrecords.de/preise at the time of your order.
§ 3 Registration and Conclusion of Contract
Registration in the Artist Dashboard is required to use our services. By completing the registration and booking a package, you submit a binding offer to enter into a usage agreement. The contract is concluded as soon as we confirm your order or begin providing the service (e.g. activating the booked package in the Dashboard).
You are obliged to provide truthful and complete information during registration and to update it promptly in your profile if anything changes. Access credentials must be treated as confidential and must not be shared with third parties.
§ 4 Rights to Submitted Works
You retain all copyrights and neighboring rights to the musical works and sound recordings you submit via our platform at all times. OneCrewRecords does not receive any license to independently exploit, edit, or sub-license your works.
You merely grant us the simple, non-exclusive right, limited to the term of the contract and the purpose of fulfilling the contract, to technically transmit your submitted works (audio files, cover artwork, metadata, lyrics) to our distribution partners and to make them publicly available there for streaming and download. This right expires upon termination of the respective release's distribution or upon the end of the contract; in that case, we will promptly instruct our distribution partners to remove the track from the platforms (see § 7).
You assure us that you are entitled to grant the above rights to all submitted works, that no third-party rights (in particular copyrights, trademark rights, or neighboring rights) are infringed, and that, in the case of cover versions, you have obtained the required licenses yourself. You will indemnify us against all third-party claims asserted against us due to a breach of this assurance, including reasonable legal defense costs.
§ 5 Artist's Obligations, Content Requirements
Submitted content must not contain any unlawful material, in particular it must not infringe third-party rights, be defamatory, constitute incitement to hatred, or otherwise be criminally relevant, and it must not contain malware. We reserve the right to reject releases that violate these requirements or the guidelines of our distribution partners, or to remove them after publication.
You are yourself responsible for the accuracy of the content and technical aspects of the data you submit (audio files, metadata, cover image, rights information). We accept no liability for delays or rejections resulting from incorrect or incomplete information provided by you.
§ 6 Prices, Payment, and Invoicing
The prices stated on onecrewrecords.de/preise at the time of your order apply. Depending on our current VAT status, all prices are either inclusive of the applicable statutory VAT or, if we are classified as a small business within the meaning of § 19 UStG (German VAT Act), without VAT being shown. The applicable notice can be found on the pricing page and on your invoice.
Payment is made via our payment service provider Stripe by credit card or another payment method offered during the payment process. When you book a subscription package, you authorize us to automatically collect the amount due at the start of each billing period using the payment method you have on file. We provide invoices and credit notes to you electronically via your Dashboard.
If payment is in default or the automatic collection fails, we are entitled to restrict or suspend your account until outstanding amounts have been paid in full.
§ 7 Contract Term and Termination
Our packages are offered as monthly subscriptions. The contract is automatically extended by one further month at a time, unless it is terminated by you or by us with a notice period of 1 day to the end of the current billing period. You can give notice of termination at any time directly in your Dashboard or by email to contact@onecrewrecords.de.
After effective termination or at the end of the contract term, we will instruct our distribution partners within 30 days to remove your releases published through us from all platforms. Amounts already paid for the current billing period will not be refunded on a pro rata basis, unless required otherwise by law. You are responsible for any third-party fees in connection with the removal of your content.
The right of both parties to extraordinary termination for good cause remains unaffected. Good cause exists for us in particular if you violate § 5 of these T&Cs, commit fraudulent or unlawful acts, or repeatedly fall into default on payments that are due. In these cases, we are entitled to terminate the contract without notice and to have your releases removed from the distribution platforms immediately; in this case, there is no entitlement to a refund of fees already paid.
§ 8 Royalties and Payouts
Revenues from the sale or streaming of your music (royalties) are, in our experience, reported and settled by our distribution partners with a delay of around two months. You can view the royalties calculated for you at any time in your Dashboard under "Sales & Royalties".
Payouts are made by bank transfer to the bank account you have stored and verified in the Dashboard (IBAN verification via test transfer). [Note: Please add whether a minimum payout threshold applies, e.g. "Payouts are made once a balance of X € is reached".] You are yourself responsible for the accuracy of the bank details you provide; payouts to incorrectly specified bank details do not release us from our payment obligation, but may lead to delays and additional costs that may be charged to you.
We are not responsible for the non-payment, delay, or incorrect calculation of royalty payments where the cause lies with our distribution partners and outside our sphere of influence. In such a case, we will make every effort to clarify and correct the matter.
§ 9 Discount Codes
Unless stated otherwise, discount codes issued by us can be redeemed once per user account, are not transferable to other accounts, and cannot be paid out in cash. We reserve the right to limit the validity of discount codes in time and to revoke them in case of misuse.
§ 10 Availability of Distribution Platforms
Your music is distributed via third-party platforms (e.g. Spotify, Apple Music, and other distribution partners), over whose availability, acceptance guidelines, and technical implementation we do not have complete control. We will make every effort to make your releases available on time, but cannot guarantee that a distribution partner will accept, publish, or permanently keep a track available. We are not liable for corresponding misconduct or outages of our distribution partners, unless we are responsible for them ourselves.
§ 11 Liability
We are liable without limitation for intent and gross negligence, as well as under the provisions of the Product Liability Act, in cases of injury to life, body, or health, and to the extent of any guarantee we have assumed. In the case of slightly negligent breach of an essential contractual obligation (cardinal obligation), the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which you may regularly rely, our liability is limited in amount to the foreseeable damage typical for this type of contract at the time the contract was concluded. Otherwise, liability for slightly negligent breaches of duty is excluded.
The above limitations of liability also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them.
§ 12 Confidentiality
Both contracting parties undertake to treat confidential information of the other party obtained in the course of the contractual relationship as confidential, even after the end of the contract, and not to disclose it to third parties without prior consent, unless there is a statutory disclosure obligation.
§ 13 Changes to these T&Cs
We reserve the right to change these T&Cs with effect for the future, insofar as this is necessary to adapt to changed legal or technical conditions or to reflect new or changed services. We will inform you of changes in good time, at the latest 30 days before they take effect, by email or notice in the Dashboard. If you do not object to the change within 30 days of receiving the notification, the change is deemed accepted; we will point out this legal consequence to you separately in the notification of the change. If you object, the previous contract content remains in place, although in this case we are entitled to terminate the contract by ordinary notice.
§ 14 Right of Withdrawal for Consumers
Withdrawal Policy
As a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date the contract is concluded.
To exercise your right of withdrawal, you must inform us (OneCrewRecords c/o Cliff Dölling, Chopinstraße 36, 09119 Chemnitz, Germany, email: contact@onecrewrecords.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the sample withdrawal form below for this purpose, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send the notification of your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we must reimburse all payments we have received from you without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
Premature Expiry of the Right of Withdrawal
If, when placing your order, you expressly agreed that we may begin performing the service (e.g. the distribution of your release) before the withdrawal period has expired, and you acknowledged that you will lose your right of withdrawal once we have fully performed the contract, does your right of withdrawal expire once we have fully performed the service?
If, at your express request, we begin performing the service before the withdrawal period has expired without it having been fully performed yet, and you still exercise your right of withdrawal, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the time of your withdrawal statement compared to the total scope of the services provided for in the contract.
Sample Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and send it back to us.)
To OneCrewRecords c/o Cliff Dölling, Chopinstraße 36, 09119 Chemnitz, Germany, email: contact@onecrewrecords.de:
I/We (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service (*):
_________________________________
Ordered on (*): _________________________________
Name of consumer(s): _________________________________
Address of consumer(s): _________________________________
Signature of consumer(s) (only if notified on paper): _________________________________
Date: _________________________________
(*) Delete as appropriate.
§ 15 Final Provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer and have your habitual residence in another EU member state, mandatory consumer protection provisions of that state remain unaffected.
If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from this contractual relationship is our registered office in Chemnitz.
Should individual provisions of these T&Cs be or become invalid, the validity of the remaining provisions remains unaffected. The statutory provision replaces the invalid provision.
The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.