The following General Terms and Conditions (the "GTCs") shall apply between SongPush Media GmbH, with its registered offices at Dresdener Straße 121 in 10999 Berlin, Germany. (company number Amtsgericht Charlottenburg, HRB 232416 B, "SongPush") and creators/management ("Creators") using the SongPush online platform https://www.songpush.com/en (the “Platform”).
Unless explicitly stated otherwise, the entire GTCs apply to creators based in Germany, the European Union, Switzerland and the United Kingdom.
By using the Platform, Creators can earn money by placing music, products, or services from advertisers (collectively “Advertiser Content”) in Creator’s content (the “Creations”).
Advertisers, their agencies, or other parties acting on their behalf (collectively “Advertisers”) can make the Advertiser Content available for placement via the Platform, select a campaign type, and provide a campaign budget. Creators can reserve parts of this campaign budget for themselves and then place the specified content in their user-generated content. The Creators receive their payment once they have carried out the campaign as agreed. Advertisers and Creators are collectively referred to in these GTCs as “Users” of the Platform.
Further information is available at: https://www.songpush.com/en.
1.1 The following provisions apply to the registration on and use of the Platform, and the acceptance of campaigns via the Platform.
1.2 By registering on the Platform, the Creator accepts the provisions as binding for themselves and their agents, if applicable.
1.3 Creators can access, print and/or download these GTCs at any time at https://www.songpush.com/en/agbs-for-creators.
1.4 Users can make and receive payment via the payment service Mollie. Payment processing is carried out by Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands. Users can view the individual payment methods offered via Mollie in their account. Mollie may use other payment services to process payments, for which special payment terms may apply, which will be pointed out to the customer separately if necessary. Further information about Mollie is available at https://www.mollie.com/gb/. The terms of use are available at https://www.mollie.com/gb/legal/user-agreement/v10. Users can change the payment method stored in their account at any time.
The following applies to creators based in Germany, the European Union, and Switzerland:
2.1 Commissioning takes place solely and exclusively via the platform https://www.songpush.com/en. Use of the SongPush platform requires successful registration by the user.
2.2 All offers from SongPush are directed exclusively at taxable entrepreneurs within the meaning of Section 2 (1) of the German Value Added Tax Act (UStG) and Article 9 of the VAT Directive who are at least 13 years of age. An entrepreneur is defined as someone who independently carries out a commercial or professional activity, regardless of whether they have legal capacity under other regulations. Anyone who independently carries out an economic activity, regardless of its location, purpose, and result, is considered taxable.
2.3 During registration, the Creator must verify the social media channels through which they wish to play Creations as part of the campaigns.
2.4 Where the Creator is using the Platform on behalf of a company or other legal entity, they represent and warrant that they have the authority to bind that entity to these GTCs.
For creators based in the United Kingdom, the following applies:
2.1 Advertisers’ offers for campaigns (“Offers”) are placed solely and exclusively via the Platform. Use of the Platform requires successful registration by the Users.
2.2 These GTCs apply only to Creators acting in the course of a business, trade, craft, or profession. By accessing or using the Platform, the Creator confirms that they are using it for business purposes only and not as a consumer.
2.3 The Creator must be at least 13 years old to use the Platform. By registering for or using the Platform, the Creator represents and warrants that the Creator is 13 years of age or older.
2.4 Where the Creator is using the Platform on behalf of a company or other legal entity, they represent and warrant that they have the authority to bind that entity to these GTCs.
2.5 During registration, the Creator must verify the social media channels through which they wish to play Creations as part of the campaigns.
3.1 SongPush offers Users access to the Platform upon the User’s registration on the Platform until the date of termination or deletion of the User’s account in accordance with these GTCs (the “Term”).
3.2 Throughout the Term, Users can accept Offers from Advertisers via the Platform. More detailed information about SongPush's services is available at https://www.songpush.com/en.
3.3 In addition to standard campaign implementation, the Platform also offers Creators the option of receiving additional remuneration by granting Advertisers temporary rights of use to their Creations under certain conditions (“Buyout Options”). The detailed terms and conditions regarding Buyout Options (including term, channels, and remuneration logic) are presented to the User before acceptance of the relevant Offer.
4.1 The Creator can choose from the Offers presented to them in their account. All details related to the Offer, such as the desired campaign type, the duration of the campaign, Buyout Options, and campaign remuneration, are displayed to the Creator in their user account.
4.2 The contractual relationship between a Creator and an Advertiser for a specific campaign (the “Engagement”) commences upon the Creator’s acceptance of an Offer. For some campaigns, the Advertiser offers Buyout Options, which SongPush displays to the Creator. If the Creator accepts this option, the Creator agrees to grant the Advertiser the rights of use to their Creation on the agreed terms of the Offer.
4.3 The Engagement ends upon:
4.3.1 the User’s delivery of their obligations under the Engagement terms;
4.3.2 expiration of the agreed Engagement period; or
4.3.3 the agreed campaign budget being used up.
In the case of a Buyout Option, the Engagement ends at the end of the agreed term.
5.1 By purchasing a Buyout Option, the Creator grants the Advertiser exclusive, time-limited rights of use for the selected channels for the Creation in question. The exact terms and conditions are the terms (30, 60, 180, 365 days) and channels (e.g., TikTok Ads, Instagram Ads) selected by the advertiser and accepted by the user prior to acceptance of the Offer.
5.2 The remuneration for the rights of use granted will be credited to the Creator as soon as the Advertiser has completed the Buyout Option purchase.
5.3 The Creator undertakes not to use their Creation in any way that contradicts the rights of use granted to the Advertiser.
6.1 SongPush provides the Platform to enable Advertisers and Creators to enter into Engagements (the “Services”).
The following applies to creators based in Germany, the European Union, and Switzerland:
7.1 The Creator guarantees to SongPush that all data requested during registration is complete and correct. Changes to contact, communication, bank, and tax-related data must be updated immediately in the user account. If the Creator represents a natural person or management, the Creator guarantees that he/she is fully authorized to conclude contracts, accept campaigns, and grant rights of use within the framework of the SongPush platform. The Creator indemnifies SongPush against any claims by third parties (including the persons represented) arising from the lack of or insufficient power of representation.
For creators based in the United Kingdom, the following applies:
7.1 The Creator guarantees to SongPush that they have provided all requested data completely and correctly during registration. The Creator shall ensure that all contact, communication, bank and tax-related data held in the Creator’s user account on the Platform is kept accurate and up to date.
The remaining paragraphs of this section 7 apply to creators based in Germany, the EU, Switzerland, and the UK.
7.2 The Creator shall ensure that its password and general login details are kept secret. The Creator shall ensure that the Creator’s account is not accessed by anyone other than the account holder and other authorised representatives. The Creator acknowledges that they are solely responsible for any and all use of the Platform from their user account. The Creator undertakes to inform SongPush immediately if there are any indications of misuse of their user account.
7.3 The Creator is obliged to independently back up and archive all data, information and contracts stored in their user account that they currently or may in future require for evidence purposes, for their own accounting or for other purposes.
7.4 Creators may not use addresses, email addresses and other contact details of other Users obtained through the use of the SongPush Platform for any purposes other than contractual and pre-contractual communication via the Platform. In particular, it is prohibited to resell this data, publish it or use it for advertising purposes.
7.5 The Creator is responsible for ensuring that all advertising content is labelled as such in accordance with legal requirements. The Creator shall at all times comply with the reasonable instructions of the Advertiser in relation to each Engagement and shall also ensure that they do not use any impermissible forms of advertising in connection with any Engagement.
All intellectual property rights subsisting in or otherwise relating to the Platform and any content created by SongPush will be owned by SongPush. The Creator shall not (a) copy, decode, decompile, modify, alter or amend the Platform, or attempt to do any of the foregoing; and (b) use the Platform or any part of it for any purpose other than that envisaged by these GTCs.
9.1 The Creator represents and warrants to SongPush that they:
9.1.1 hold all necessary rights, licences, permissions, and consents which may be required in order to publish the Creations, and in particular that the Creations do not infringe any third party rights, including intellectual property rights; and
9.1.2 shall comply with all applicable laws.
9.2 The Creator acknowledges that SongPush does not check Creations for the existence of third-party rights or violations of any other third party rights or applicable laws and this shall be Creator’s sole responsibility.
The following applies to creators based in Germany, the European Union, and Switzerland:
9.3 The Creator is obligated to indemnify SongPush against any third-party claims for violations of copyright, competition law, or other third-party property rights upon first request. This includes all costs of any necessary legal defense. In the event of claims by third parties that are not obviously invalid, SongPush has a right of retention on funds in the user account.
For creators based in the United Kingdom, the following applies:
10.3 In the event of a future culpable breach of the obligation set out in § 10.1, the user shall pay SongPush a contractual penalty to be determined at SongPush's reasonable discretion and, in the event of a dispute, reviewed by the competent court.
The following applies to creators based in Germany, the European Union, and Switzerland:
10.3 If the Creator receives any funds as a result of a business relationship or transaction in breach of clause 10.1, the Creator shall promptly reimburse SongPush for the sums that SongPush would have received had the relevant business relationship or transaction been conducted via the Platform.
11.1 SongPush shall not be held liable. This shall not apply to damages resulting from injury to life, limb, or health caused by a negligent breach of duty by SongPush or an intentional or negligent breach of duty by a legal representative or vicarious agent of SongPush; nor does this apply to other damages resulting from a grossly negligent breach of duty by SongPush or from an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of SongPush.
In particular, SongPush shall not be liable for damages resulting from the user not entering their contact/communication and/or bank details correctly or not keeping them up to date.
For creators based in the United Kingdom, the following applies:
11.1 To the extent permitted by law, neither SongPush, nor any of its employees, consultants, representatives, officers, directors, agents, distributors, or licensees shall be liable to the User or any other or entity whether in contract, tort (including negligence), strict liability or otherwise for any loss or damage of whatsoever kind including without limitation direct, indirect, incidental, consequential or special damages, loss of profit, business interruption, loss of goodwill or reputation arising out of or in any way connected with (a) the Creations; (b) use of (or inability to use) our Platform including but not limited to loss or damage caused by or as a result of viruses that may infect your device or software, or (c) the actions of any Advertiser or any other User of the Platform.
11.2 Nothing in these GTCs limits any liability which cannot legally be limited, including liability for:
11.2.1 death or personal injury caused by negligence; and
11.2.2 fraud or fraudulent misrepresentation.
12.1 The Creator shall indemnify, defend, and hold SongPush, its employees, directors, agents, and partners harmless against any liabilities, damages, and costs (including reasonable attorneys’ fees) arising as a result of any: (i) breach of these GTCs; or (ii) Advertiser or other third party claims relating to the Creator, Creations or any Engagement (each a “Claim”). In the event of the assertion of a Claim, SongPush reserves the right to retain any funds held in the Creator’s account, to be offset against the Creator’s indemnity liabilities pursuant to this clause.
13.1 Subject to clauses 13.2 and 13.3 below, SongPush provides the Platform and Services ‘as is’, without representation, warranty, term or condition of any kind (whether express or implied by law). All representations, warranties, conditions and other terms implied by statute, common law or otherwise are expressly excluded to the fullest extent permissible under applicable law. Without limiting the generality of the foregoing and although we endeavour to provide the Services in an accurate and timely manner, we do not guarantee that the Platform or the content therein (a) will be compatible with any specific device or browser, (b) will always be available, complete, up-to-date, error-free, or free of viruses or other harmful components, (c) that operation will be uninterrupted, or (d) that any defect will be corrected.
13.2 SongPush reserves the right to restrict availability to the Platform if this is necessary to carry out maintenance, security fixes and other technical measures (“Maintenance Work”). Maintenance Work may take up to two hours per week. In such cases, SongPush shall take into account the legitimate interests of Users. Outside of time for Maintenance Work and excluding any downtime arising as a result of a Force Majeure Event (as defined below), SongPush guarantees 99% availability of the Platform per year.
13.3 The Creator acknowledges that SongPush is not a party to any licence agreement between the Creator and the Advertiser. The Platform serves solely as a technical intermediary and is not liable for any violations of usage rights or other claims arising from these GTCs. Services such as monitoring and escalation are provided solely as a service on behalf of and for the account of the Users.
The following applies to creators based in Germany, the European Union, and Switzerland:
14.1 Creators can request the deletion of their user account via the Platform. SongPush will action the deletion request as soon as reasonably possible once there is no Offer, active Engagement, or Engagement being processed linked to the user account, and any monies in the User’s credit account has been paid out to their nominated bank account.
14.2 Without limiting any of its rights under these GTCs, SongPush may, at its sole discretion, suspend the performance of the Services and access to the Platform with immediate effect by giving written notice to the Creator if the Creator breaches any term of these GTCs.
For creators based in the United Kingdom, the following applies:
15.1 SongPush will process any personal information in accordance with its https://www.songpush.com/en/datenschutz, the terms of which are incorporated into these GTCs.
15.1 SongPush will process any personal information in accordance with its [DATA PROTECTION OR PRIVACY POLICY LINK], the terms of which are incorporated into these GTCs.
The following applies to creators based in Germany, the European Union, and Switzerland:
16.1 Entire agreement. These GTCs form the entire agreement between SongPush and the Creator in relation to the Services. The Creator acknowledges that they have not relied on any statement, promise or representation or assurance or warranty that is not set out in these GTCs.
16.2 Variation. No variation to these GTCs shall be effective, unless SongPush has provided prior written consent.
16.3 Third party rights. These GTCs apply between SongPush and the Creator, and no other legal or natural person shall have any rights to enforce any of the terms herein.
16.4 Force Majeure. SongPush shall not be liable for any failure or delay in performing its obligations under these GTCs to the extent that such failure or delay is caused by an event or circumstance beyond its reasonable control, including but not limited to acts of God, flood, drought, earthquake or other natural disaster, epidemic or pandemic, internet or connection failure, cyber attack, terrorist attack, war, civil commotion, labour dispute, governmental action, or interruption or failure of utilities or transport networks (each a “Force Majeure Event”).
16.5 Updates. SongPush reserves the right to amend these GTCs at its sole reasonable discretion, including in the case of changes in legislation, case law, economic conditions, or in the SongPush portfolio. Any changes to these GTCs will be communicated to the Creator in a timely manner and in a suitable form (e.g. by email or by message within their user account). Notwithstanding the foregoing, any Engagements entered into by the Creator shall be subject to the version of the GTCs live on the Platform at the time of entering into such Engagements.
16.6 Severance. Each clause in these GTCs operates separately. If one or more clauses are or become invalid, the remaining clauses shall remain unaffected.
16.7 Governing law and jurisdiction
Berlin shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship with the user or from these GTCs.
German law applies.
For creators based in the United Kingdom, the following applies:
English law shall govern these GTCs, including without limitation, their formation, validity, construction, performance and any non-contractual causes of action arising out of or in connection with these GTCs or the Services. The parties submit irrevocably to the exclusive jurisdiction of the English Courts in relation to any dispute arising out of or in connection with these GTCs or the Services, except that either party may seek interim injunctive, emergency relief or equivalent remedy from any court of competent jurisdiction.
16.8 Contact. Any communications from the User to SongPush relating to the Services or these GTCs shall be sent to info@songpush.com. Any communications from SongPush to the User will be sent via the Platform within the user account or to the email address provided by the User in their User account.
