Terms and conditions
H&S Music Entertainment Ilja Syumko is hereinafter referred to as H&S Music Entertainment. H&S Music refers to the integrated distribution service of H&S Music Entertainment Ilja Syumko.
1. Use of the Website and Services
1.1 Age Limitation: The Website and Services are only accessible to persons 18 years of age or older. Minors between the ages of 13 and 18 may only use the Services with the express consent of a parent or guardian. Content may be inappropriate for minors.
1.2 Ownership of Content: All content on the Website, including User Content, is the property of H&S Music Entertainment or its licensors. Users retain the rights to their submitted content unless expressly provided otherwise.
1.3 Rights of Use: You are granted a non-transferable, revocable right to use the Website and its Services. Any commercial use without prior consent is prohibited.
1.4 Liability for Misuse: Any use of the Website or Services that violates applicable law or these Terms is prohibited. This includes, but is not limited to, misuse of content, uploading malicious software, or violating the rights of third parties.
2. Registration
2.1 Creating an account: Registration is required to use certain services. Users must provide accurate and current information and update it as necessary.
2.2 Account security: The user is responsible for keeping his password confidential and using his account securely. H&S Music Entertainment assumes no liability for unauthorized access resulting from user error.
2.3 Inactivity: Accounts that are inactive for more than six months may be deleted.
3. Content Submitted by Users
3.1 Responsibility: Users are solely responsible for the content they submit, including music, videos or lyrics.
3.2 Rights to Content: Users guarantee that they own all necessary rights to the content submitted and that it does not infringe the rights of third parties.
3.3 Licenses: By submitting content, users grant H&S Music Entertainment a non-exclusive license to use the content for the operation and promotion of the Services.
4. Payment and refund policies
4.1 Paid services: Prices for paid services are displayed at the time of purchase. All prices include VAT.
4.2 Refunds: Purchases are final unless technical problems occur that make delivery impossible.
4.3 Liabilities: H&S Music Entertainment is not liable for losses due to unauthorized account access or errors in delivery by third parties.
5. Damages
Users indemnify H&S Music Entertainment against claims from third parties arising from the use of the services or violations of these Terms and Conditions.
6. Distribution Terms
6.1 Service Description: H&S Music Entertainment offers a digital distribution service (H&S Music) through the Website, which allows users to distribute their content through various digital platforms. In addition, services such as profile management and text synchronization may be provided.
6.2 Defined Terms:
Album: A collection of multiple recordings distributed as an album or extended play (EP).
Single: A single recording made available separately through digital platforms.
Digital Service Provider (DSP): Digital platforms on which users' content is distributed.
6.3 Submission of Materials: Users are responsible for ensuring that submitted materials are complete, accurate and free of third-party rights. H&S Music Entertainment reserves the right to reject or remove content.
6.4 Revenue and Fees: Users receive 100% of the net revenue from digital distribution proceeds, less any transaction fees. Prices and terms can be viewed here and can be updated at any time.
6.5 Prohibition of Artificial Streaming: The user agrees to refrain from any form of artificial streaming. Artificial streaming includes, but is not limited to:
• Bot Streams: Automated programs or "bots" that repeatedly play tracks or playlists.
• Click Farms: Groups of individuals or automated systems paid to stream songs in large volumes.
• Loop Playback: Continuous playing of tracks or playlists without actual listening.
Such practices are strictly prohibited as they violate the guidelines of digital service providers and may result in severe consequences, including content removal and account suspension. The user is liable for any damages and costs incurred by H&S Music Entertainment due to such unauthorized activities.
7. Termination
7.1 By User: Users may terminate use of the Services at any time by sending written notice to H&S Music Entertainment.
7.2 By us: H&S Music Entertainment reserves the right to delete user accounts and content or discontinue the Services for violations of these Terms.
7.3 Survival of Obligations: Provisions of these Terms that by their nature apply after termination of the Agreement will continue in effect.
8. Other provisions
8.1 Changes to the Terms and Conditions: H&S Music Entertainment reserves the right to change these Terms and Conditions at any time. Users are responsible for informing themselves of changes.
8.2 Applicable law: These Terms and Conditions are subject to German law. The place of jurisdiction is the registered office of H&S Music Entertainment.
8.3 Severability clause: If a provision of these Terms and Conditions is invalid, the remaining provisions remain valid.