General terms and conditions of music2pitch.com
For customers of our online shop

§01: Conclusion of contract

These terms and conditions apply exclusively to contracts with music2pitch.com. Any deviating provisions in the customer’s general terms and conditions are therefore expressly rejected.

Offers from music2pitch.com in brochures, internet publications, etc. are – including with regard to price information – subject to change and non-binding unless a binding assurance is expressly given.

A binding contract only comes into effect with written order confirmation by email, invoice by email and receipt of payment.

If payment is not received within 14 days, music2pitch.com can withdraw from the contract. Changes to the conditions, including this written form clause, must be made in writing.

§02: Scope of services

music2pitch.com provides its services as described in the article and promotion offers and makes its distributors and contacts available to the customer for sampling for a fee. The scope of services depends on the type of promotion booked (see article description). In principle, there are no guarantees of success or promises regarding streaming numbers, radio airplays, club appearances and other success parameters (e.g. chart or playlist placements). We only present the song, video or bundle to be sampled or promoted to the relevant decision-makers such as DJs, radio and music editors, playlist curators and influencers. We have no influence on the decision as to whether the topic to be sampled is actually used or recommended by the decision-makers.

§03: Prices and payment

The list prices at the time the contract is concluded apply. Fixed prices only apply if the price agreement in the individual case, e.g. based on an offer, does not contain a possibility of price increase or a time limit for the fixed price agreement.

Additional services that are not included in the price list or the offer must be paid for separately. This applies in particular to additional costs as a result of:

• the submission of data in non-digitalized form
• the necessary and unreasonable use of third-party services (e.g. GEMA)
• the cost of license management
• commissioned testing, research services and legal audits

§04: Rights of use

music2pitch.com grants the customer a temporary right of use for the distribution system at the time the order is placed. This expires when the service is provided.

The customer grants music2pitch.com the right to use the material to be distributed, to prepare it for distribution and to make it available to the members of the music2pitch.com promotion pool.

music2pitch.com is therefore entitled to save it on its servers and to pass it on as requested by the customer.

The customer cannot hold music2pitch.com liable for the distribution ordered and any damage caused as a result.

§05: Copyright characteristics and reference evidence

The customer grants music2pitch.com the right to publish the customer as a reference on the website, whether in text form or with a graphic/logo.

The customer assures that he owns all rights to the work to be distributed and has the authority to release it for distribution. The customer grants music2pitch.com the right to distribute the content provided within the scope of the contract and cannot hold music2pitch.com liable for this or for any damage that may have occurred.

§06: Liability

For legal defects and due to the absence of guaranteed properties, music2pitch.com is only liable to a limited extent.

music2pitch.com is not liable for intentional or grossly negligent breaches of contract by its legal representatives or vicarious agents. Furthermore, music2pitch.com is not responsible for intentional or grossly negligent acts of third parties, including but not limited to editors, playlist curators, DJs, or clubs, within the scope of music2pitch.com. The customer releases music2pitch.com from any liability in connection with such actions of third parties.

music2pitch.com is not liable for legal violations by third parties, including but not limited to editors, playlist curators, DJs, or clubs who come into contact with the provided content during the distribution or pitching process as part of music2pitch.com. Responsibility for compliance with legal provisions lies expressly with the aforementioned third parties. The customer releases music2pitch.com from any liability in connection with such legal violations by third parties during the pr distribution or pitching process.

music2pitch.com is not liable for published content of mailings or the content of the website, especially if this infringes on the rights of third parties or violates criminal or administrative regulations. The customer fully indemnifies music2pitch.com in the event of claims by third parties. music2pitch.com is also entitled to prevent or block access to such content, whereby the mere suspicion of infringement of third-party rights or of criminal or administrative regulations is sufficient without music2pitch.com being obliged to verify it independently.

Finally, music2pitch.com is not liable for trouble-free access or operation within the internet or for events causing damage in the area of services provided by network operators or other access or web hosting providers, subject to mandatory statutory liability provisions.

§07: Data protection and confidentiality

music2pitch.com stores the customer’s data required for the initiation and processing of the contract (e.g. address, contact details). Connecting a network to the Internet creates the possibility of data being misused. The customer must therefore protect sensitive data in particular from unauthorized access using their own security measures.

Both contracting parties will treat confidential information and passwords that they become aware of in the context of the contract as confidential. The customer is fully responsible for any damage caused by the misuse of passwords.

§08: Applicable law, place of jurisdiction

The contracting parties agree that German law applies to all legal relationships arising from this contractual relationship. German law also applies to cross-border transactions, excluding the UN Convention on Contracts for the International Sale of Goods. To the extent permitted by law, the place of performance for all mutual contractual obligations and the place of jurisdiction is Plauen.

§09: Severability clause

If a provision of these general terms and conditions is or becomes invalid, the other conditions shall otherwise remain valid. The contracting parties will replace the invalid provision with an effective one that comes closest to the economic intention of the contracting parties.

As of: June 2024