Last updated: November 07, 2024

Terms and Conditions (T&C) of Mysong Studio

1. Scope and Contractual Partners

These Terms and Conditions (T&C) apply to all contracts between MySong.Studio (hereinafter referred to as “Provider”) and the customer that are concluded via the Provider’s website. MySong.Studio is a project of Cyber Digital Wladislaw Mitzel, Grenzstr. 25A, 63179 Obertshausen, Germany. The T&C are governed by German law, including the provisions of German consumer protection and e-commerce law.

Note: In the event of any discrepancies, the German version of these Terms and Conditions shall prevail.

2. Copyright and Usage Rights

All music pieces created by Mysong Studio are subject to German copyright law. Upon full payment of the agreed purchase price, the customer receives a simple, non-transferable right to use the music pieces for private purposes. ‘Simple’ in this context means that the customer is allowed to use the music piece without exclusive rights to it. In the event of a refund, all granted usage rights expire and revert to the Provider.

The customer may use the music pieces exclusively for private purposes. Commercial use (including monetization through social media, streaming services, or other forms of exploitation) is only permitted with the prior written consent of the Provider. Examples of permitted uses include playing the music at private events such as family gatherings or with friends. Commercial uses, such as monetizing videos, using the music in advertising campaigns, or at public events aimed at commercial gain, are not allowed.

3. Restrictions on Use

The music pieces may not be used to harm others, defame them, or violate their rights and dignity. Use of the service for illegal purposes, including spreading hate speech, discrimination, or harassment, is expressly prohibited.

4. Customer Obligations

The customer undertakes to provide truthful and complete information during the order process. The customer is responsible for ensuring that the provided content (e.g., personalized information) does not contain any illegal, defamatory, or offensive elements.

5. Payment Terms

The purchase price is due upon conclusion of the contract. The Provider accepts various payment methods listed on the website. In the event of non-payment, the Provider reserves the right to withhold delivery of the music piece and to refrain from transferring usage rights.

6. Delivery of Services

The delivery of music pieces takes place within the specified timeframe. Digital music pieces are made available for download to the customer. Vinyl products are shipped according to the specified delivery times. The Provider reserves the right to adjust delivery times in case of incomplete customer information or unforeseen production delays.

7. License Restrictions

The music pieces created by the Provider are provided to the customer under a license for personal use. Commercial use is prohibited without the express written consent of the Provider. Public performances of the music piece, such as at commercial events, require a separate authorization. However, playing the music pieces at private celebrations, weddings, or birthdays is permitted without additional authorization.

8. Right of Withdrawal and Refunds

The customer has the right to withdraw from the contract within 14 days without giving any reason, provided the production of the music piece has not yet begun. The production begins with the start of individual composition or editing of the music piece. If the music piece has already been produced, the right of withdrawal expires. In the event of a refund, all usage rights granted to the customer expire.

9. Privacy and Data Processing

The Provider is committed to complying with the General Data Protection Regulation (GDPR) and German data protection law. It explains which personal data is collected, how it is used, and for what purpose. The customer has the right to request information about the stored data or its deletion at any time.

10. Limitation of Liability

The Provider’s liability for errors, delays, or other problems related to the service is limited to the typically foreseeable damage, but not exceeding the value of the customer’s order. Liability for indirect damages, including emotional distress or losses resulting from the use of the music piece, is excluded to the extent permitted by law.

11. Changes to the T&C

The Provider reserves the right to change these T&C at any time. Customers will be informed of changes in a timely manner, with changes taking effect no earlier than 30 days after notification. If the customer does not object to the changes within the specified period, the amended T&C shall be deemed accepted. In the event of an objection, the customer has the right to terminate the contract without additional costs.

12. Severability Clause

Should any provision of these T&C be invalid or become invalid, this shall not affect the validity of the remaining provisions. The parties undertake to replace an invalid provision with a valid provision that comes as close as possible to the intended economic purpose.

13. Governing Law and Jurisdiction

All legal relationships between the Provider and the customer are governed by German law. The place of jurisdiction is the Provider’s registered office in Germany.

14. Contact Information

If you have any questions regarding these T&C or the contract, you can contact the Provider using the contact information provided on the website.

15. Alternative Dispute Resolution

The Provider is not obligated and generally not willing to participate in dispute resolution procedures before a consumer arbitration board. In the event of a dispute, customers can contact the EU Online Dispute Resolution Platform (https://ec.europa.eu/consumers/odr).