Terms and Conditions

General Terms and Conditions

1. General

1.1 Scope of application
These general terms and conditions shall be valid as of the date of conclusion of the contract for all business relations between us (PREMIUM LYRICS, Mr. Christian Krauss, Bahnhofstr. 7, 24214 Neuwittenbek) and you. Should you use conflicting terms and conditions, these are hereby expressly rejected.
1.2 Contractual agreement
The language of the contract is German and English. "Users" are licensees as well as lyricists of song lyrics. We acquire license rights from lyricists and license them in our own name and on our own account to licensees via our platform.
1.3 Registration
To use the full extent of our website, it is first necessary to create a free user account. You will be requested to provide details required for our prevision of services to you. You must specify your e-mail and choose a password. Entries are confirmed by clicking on the "Register Now" button. You will receive a confirmation mail with a confirmation link, which you must click to complete your registration.

The password, which allows you access to your personal area, is strictly confidential and may not be passed on to third parties. You agree to take appropriate and reasonable measures to prevent third parties from acquiring your password. A user account may not be transferred to other users or third parties. By completing your registration, you enter into a free usage contract with us.

Only adults may become customers of PREMIUM LYRICS. Customers must ensure that minors use the PREMIUM LYRICS service only with the customer's explicit consent.
1.4 Conclusion of contract with lyricists (license agreement)
You can enter lyrics free of charge. Insofar as licensing takes place via our platform, you will receive a royalty in accordance with the agreement entered into when the respective lyric is entered (license agreement). For this purpose a registration per section 1.3 as well as activation of the interface for the import of your lyrics into the client area are required. Such an activation will only take place after an initial examination of your eligibility as a lyricist.

As soon as we have enabled the interface for you to enter your lyrics after successful verification, you may upload lyrics. Under "Account" in the author area you will find the ability to insert your song lyrics under "Add lyrics". These are to be marked with "tags".

Afterwards, you will have the ability to review all data again and to correct any input errors, to read the license terms forming the basis of the license agreement and accept them, and to accept these terms and conditions as well as the privacy policy and cancellation policy, before clicking on the button "Add lyrics". By entering your lyrics, you confirm your offer to enter into a license agreement with us. We will immediately confirm your access. This confirmation of access does not constitute a binding acceptance of the license agreement offer. We will then check the information promptly and either activate your lyrics or refuse the activation. We are entitled to accept your contract offer as binding by e-mail, fax, telephone or post within 23 calendar days of receipt. Upon our acceptance, the license agreement is considered concluded.

We provide the available license models for potential licensees; they cannot be determined separately by you.

The contract text will be saved by us and will be sent to you again after entering the lyrics in writing (e.g. e-mail, fax or postal mail) along with these terms and conditions and the licence terms. After your lyric entry is sent, the contract text will no longer be able to be retrieved from the website. However, before entry, you can print the relevant website with the contract text using the print function of your browser.
1.5 Conclusion of contract with the licensee (acquisition of rights of use in lyrics)
The lyrics on our platform are initially presented free and without obligation. The licensing process consists of a total of four steps. In the first step, select the desired lyrics and the license model. In the second step, you enter your data, including the invoice, if you have not already stored them in your user account. In the third step, select the desired payment method. In the fourth step, you have the ability to review all details (e.g. name, address, method of payment, ordered lyric and chosen license model) as well as the terms of the underlying licence model and to correct input errors before you order by clicking on the button "Confirm Purchase". By ordering, you submit a binding contractual offer. We will immediately confirm receipt of your order. At the same time, this acknowledgment of receipt constitutes a binding acceptance of the order. Upon our acceptance, a contract between PREMIUM LYRICS and the licensee is concluded.

After sending your order, the contract text will be saved by us and sent to you again (e.g. by e-mail, fax or postal) together with these general terms and conditions and the licensing terms. After sending your order, the contract text will no longer be able to be retrieved from the website. However, before your order, you can print the relevant website with the contract text using the print function of your browser.
1.6 Subsequent modification of the terms and conditions
We are entitled to retrospectively modify and supplement the general terms and conditions for existing commercial relationships, insofar as required by changes in legislation or jurisprudence, or other circumstances which have a not insignificant disturbance on the contractual balance. A subsequent change in the terms and conditions will be effective if you do not object within 6 weeks of the notice of the change. At the beginning of the notice period, we will expressly inform you of the effect of your silence as constituting acceptance of the amendment to the contract and give you the possibility to make an express statement during the period. In the event you object during the notice period, both we and you may terminate the contract extraordinarily, unless the contractual relationship continues under the old general terms and conditions.

2. Performance description

2.1 General
PREMIUM LYRICS is a platform for the distribution and licensing of rights for song lyrics.
2.2 Provision of performance
We are entitled to have the contract or parts of the contract fulfilled by third parties.
2.3 Delays in performance
We are not responsible for delays in provision of performance due to force majeure or due to extraordinary and unforeseeable events, which cannot be prevented by us with the utmost care (in particular, strikes, official or judicial orders and cases of incorrect or improper deliveries to us despite any hedging transactions). You entitle us to postpone performance for the duration of the obstructing event.
2.4 Withdrawal
In case of unavailability for the aforementioned reasons, we may withdraw from the contract. We hereby undertake to notify you without delay of unavailability and to reimburse any consideration already provided.
2.5 Performance time
Unless expressly agreed otherwise, we provide performance within 5 days. The starting date for performance shall be the day after the payment order has been issued to the remitting credit institution. The deadline will end on the fifth day following. If the last day of the deadline falls on a Saturday, Sunday or a public holiday approved by the State, the deadline shall be the next working day.

3. Payment

3.1 Prices (license fees)
All prices include VAT. The exact prices can be found on our website and may vary depending on the license model chosen for the lyrics. As a licensee, you may pay by PayPal or by credit card.

Registration as a user and use of the general functions of the platform are free of charge.
3.2 Payment handling with lyricists
By concluding the licensing agreement and entering your lyrics, you assign us the rights of use in respect of those lyrics according to the license terms. We will provide the lyrics to licensees according to our conditions and our licensing models. You will receive a percentage of the net revenue from each successful licensing agreement with the licensee, as per the respective license terms displayed to you before the license agreement is concluded. Successful license assignments are viewable in your account. Every 3 months, you are required to provide us with an invoice with amounts incurred up to that point in time, which after examination we will promptly transfer to you.
3.3 Licensee default
You are in default of payment if payment is not received by us within 2 weeks after receipt of the invoice. In the event of a default in payment interest shall be charged at a rate of 5 percentage points above the base rate of the European Central Bank or 9 percentage points above the base rate of the European Central Bank in legal transactions in which a consumer is not involved. Should you be in default with your payment, we reserve the right to charge reminder fees in the amount of 2.50 euros. The right to claim any further damages remains unaffected. You retain the ability to prove that no damage, or less damage has occurred to us.
3.4 Rights of lien
The exercise of a right of lien is only allowed for such counterclaims which are due and payable and which are based on the same legal relationship as your obligation.

4. Cancellation policy for consumers in remote sales contracts

Cancellation policy
Right of cancellation

You have the right to cancel this agreement within a period of 14 days without giving reasons.

The period for cancellation shall be 14 days from the date of conclusion of the contract. In order to exercise your right of cancellation, you must inform us (PREMIUM LYRICS, Mr. Christian Krauss, Bahnhofstr. 7, 24214 Neuwittenbek, phone: (+49) 4346 92 92 7 92, email: support@premiumlyrics.com) by means of a clear statement (e.g. a letter or e-mail) of your decision to cancel this contract. You can use the sample cancellation form (https://www.premiumlyrics.com/pl-cancellation-form.pdf), but this is not required.

In order to meet the cancellation notice period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation notice period.

Consequences of cancellation

If you cancel this agreement, we will pay you all payments we have received from you, including delivery costs (except for any additional costs where you have chosen a different type of delivery than the most favorable standard delivery offered by us) within a period of 14 days from the date on which the notice of cancellation of this contract has been received by us. For such repayment, we will use the same means of payment as you have used in the original transaction, unless you have expressly agreed otherwise; in no circumstances will you be charged fees for this repayment.

If you have requested that the services should commence during the cancellation notice period, you shall pay us a reasonable amount equal to the proportion of the services already provided up to the point in time you exercised the right of cancellation with respect to this contract compared to the total scope of services provided for in the contract.
- End of cancellation policy -
Special instructions for the early extinguishment of the right of cancellation:
Your right of cancellation expires prematurely if we have performed the service completely or have started performing the service only after you have given your express consent to and confirmed your knowledge that you will lose your right of cancellation by us.

5. Your responsibilities

5.1 General information
You are solely responsible for the content and correctness of the data and information you provide. Furthermore, you undertake not to transmit any data the content of which infringes third-party rights or violate existing laws.
5.2 Data backup
You are co-responsible for securing the information you provide. We cannot be held responsible for the loss of your information, since we do not provide a general data protection guarantee.
5.3 Profiles
You are obliged to keep the content and profile information you have provided up to date and inform us immediately of any misuse of your profile.

6. Suspension and termination

6.1 Termination of a user account
The contractual user relationship is for an indefinite time. It starts with the activation of the account and can be terminated by the customer at any time by deleting their profile via the usual account deletion method or by providing us written notice of termination. We reserve the right to, in particular, delete incomplete user accounts which have been inactive for a period of at least 6 months. We will only cancel an account which currently contains published lyrics for an important reason. Upon termination of the free usage contract, profiles and offers associated with the account will also be deleted.
6.2 Termination without notice
The right to terminate without notice for an important reason remains unaffected. An important reason occurs in particular when
- the user has provided incorrect or incomplete information during the registration process
- the user repeatedly breaches other contractual obligations and the breach does not cease after our request.

7. Availability of the services

7.1 Further development of service / availability
We strive to adapt our services to current technical developments. We therefore reserve the right to make changes to the agreed services if such changes do not compromise the core services and are reasonable taking into account the interests of the contracting party. We are also entitled to interrupt the platform operation partially or completely to a reasonable extent for the purpose of updates and maintenance. Furthermore, we do not guarantee the availability of the offered services at all times and do not guarantee that the offered services or parts thereof can be available and used from any location.
7.2 Technical requirements
Use of the website requires appropriate compatible devices. It is the customer's responsibility to place or keep devices in a state that allows the use of the website services.

8. Liability

8.1 Exclusion of liability
We and our legal representatives and agents are only liable for intent or gross negligence. Insofar as essential contractual obligations (obligations with which compliance is of particular importance for the achievement of the purpose of the contract) are concerned, ordinary negligence also attracts liability. Liability is limited to foreseeable, contractually typical damage. In respect of businesses we shall be liable in the case of gross negligence in respect of non-essential contractual obligations to the amount of foreseeable, contractually typical damage.
8.2 Liability disclaimer
The foregoing exclusion of liability does not cover liability for damage resulting from injury to life, body or health. The provisions of the Product Liability Act shall also remain unaffected by this exclusion.
8.3 Data backup
We perform effective data backups as part of the service delivery but do not provide a general data security guarantee for the data you transmit. You are also responsible to make appropriate backups of your data at regular intervals, thus preventing data loss. We shall take due care in the provision of the agreed service and will provide data backup with the necessary expertise. However, we do not warrant or guarantee that the stored content or data you access will not be accidentally corrupted or corrupted, lost, or partially removed.
8.4 Special disclaimer for illegal content
We are not liable for users‘ lllegal content if we have no knowledge of the content or we are not aware of any facts or circumstances which make the unlawfulness apparent. Similarly, we shall not be liable if we have taken immediate action to remove or block access to the content as soon as we have obtained such knowledge.

9. Concluding provisions

9.1 Jurisdiction
The sole place of jurisdiction for all disputes arising from this contract shall be our registered office, provided you are a merchant, a legal person of public law or a special fund under public law or provided you are not legally domiciled in the Federal Republic of Germany.
9.2 Choice of law
Unless mandatory statutory provisions are contrary to your home law, German law shall be deemed to be agreed upon, excluding the United Nations Convention on Contracts for the International Sale of Goods.
9.3 Consumer dispute resolution procedure
The EU Commission has created an Internet platform for the online settlement of disputes concerning contractual obligations from online contracts (OS platform). You can reach the OS platform at the following link: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in dispute settlement proceedings before a consumer conciliation board.
9.4 Severability clause
Any invalidity of individual provisions shall not affect the validity of the remaining general terms and conditions.

Version: 20.09.2017