General Terms and Conditions
(Last updated: 1 October 2017)
“PUBLICITY 4” means the service as described below (including all applications) and/or the provider of this service.
A. General Terms and Conditions for the use of the PUBLICITY 4 service
The PUBLICITY 4 service is rendered via websites (e.g. publicity4music.com, publicity4talent.com, publicity4.com), a number of different sub-domains and domain aliases. All websites, sub-domains, aliases, mobile applications, background applications, web services and third-party-site integrations provided by PUBLICITY 4 and where PUBLICITY 4 is available are hereinafter referred to as “PUBLICITY 4 Websites”.
These General Terms and Conditions for the use of the PUBLICITY 4 service govern the contractual relationship between the user and PUBLICITY 4, irrespective of which PUBLICITY 4 Websites the User visits to take use PUBLICITY 4 services.
The General Terms and Conditions for the use of the PUBLICITY 4 service and any additional terms for the use of individual applications are hereinafter referred to as “GTC”.
The contract is concluded with PUBLICITY 4, c/o Michael Jogwer, Wilhelm-Stolze-Str. 25, 10249 Berlin. Further contact details can be found in the “Contact” section.
1. Subject and basis for using PUBLICITY 4
1.1 PUBLICITY 4 is a service that pursues the aim of improving a musician’s or musical group’s popularity by combining an editorially maintained media, promoter and music-community database with a simple and lucid contact management application.
1.2 The access and the usage of the service are offered as subscriptions. The price of a subscription is valid for one user, up to three user-devices and one musical genre and is inclusive value added tax.
2. Conditions of use, conclusion of contract and warranties upon conclusion of contract
2.1 The option to use applications offered on the PUBLICITY 4 Websites does not constitute an offer, but merely an invitation to issue an offer. By completing the booking process, the user consents to enter into the agreement to use the corresponding PUBLICITY 4 application. PUBLICITY 4 in turn accepts the user’s consent by rendering the corresponding services. The agreement takes effect upon the aforementioned acceptance by PUBLICITY 4. PUBLICITY 4 is not obliged to enter into the agreement. By using paid services, the user accepts the related payment obligation.
2.2 The user warrants and represents that all of the data they provide is accurate and complete. The user is obliged to ensure that the data for all of the applications they use is accurate and complete for the entire duration of the agreement.
2.3 The user warrants that they are of legal age. In the event that the user acts on behalf of a legal person for certain applications, the user warrants that they are authorised to act in the name of the legal person. Upon request, the user shall submit proof thereof.
2.4 In order to acquire access to PUBLICITY 4, the user must register on the platform and select a password.
2.5 The user is obliged to keep this password secret. PUBLICITY 4 shall not disclose the password to any third party, shall only use it during the login process, and shall not ask for the user’s password at any time other than during the login process. For security reasons and to prevent misuse, the user is recommended to change its password at regular intervals. The user is solely responsible for safeguarding and storing its PUBLICITY 4 member account login details (username and password).
2.6 Each user may only create one user profile. The user is not permitted to allow third parties to use its user profile.
3. Right of Right of withdrawal for consumers
Instructions on withdrawal and model withdrawal form
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the date of contract conclusion.
To exercise the right of withdrawal, you must inform us
PUBLICITY 4, M. Jogwer
Tel.: +49 30 3302 9542
Fax: +49 30 9235 6869
E-Mail: subscription [at] publicity4 [dot] com
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax, e-mail or via the contact form available on each of our webpages). You may use this model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
You may download and use the model withdrawal form available here as a PDF file.
Exclusion of right of cancellation:
The right of cancellation does not exist if, when entering into a legal transaction, you predominantly act in exercise of your trade, business or profession and are therefore deemed to be an entrepreneur (Section 14 BGB).
The right of cancellation vis-à-vis PUBLICITY 4 does not apply to agreements you enter into with third parties, i.e. where PUBLICITY 4 is not legally involved. Any such rights of cancellation may only be brought against the respective third party.
Other additional information:
You expressly agree that we will start to render the service before the end of the cancellation period.
4. General obligations of the user and special provisions for using the service
4.1 The user is obliged
(a) to provide only true and non-misleading statements
(b) to comply with all applicable legislation and respect all third-party rights when using PUBLICITY 4 and the content served on PUBLICITY 4 Websites. In particular, the user shall not
• use any insulting or defamatory contents, regardless of whether said contents are directed at another user or PUBLICITY 4 personnel or other companies,
• use any pornographic, abusive, immoral or violence-glorifying materials or any contents that violate any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic, abusive, immoral or violence-glorifying product or products which do not comply with any applicable legislation for the protection of minors,
• unreasonably annoy, particularly with spam, any other user (cf. Section 7 of the German Unfair Competition Act – UWG),
• use without authorisation any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law, or
• use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid sales)
(c) to refrain from engaging in any of the following annoying activities, even if they do not constitute a breach of any applicable laws:
• Sending chain letters
• Performing, advertising and promoting any form of structural distribution measures (such as multi-level marketing or multi-level network marketing) and
• Communicating in any insinuating or sexual way (suggestive or explicit).
4.2 The user is prohibited from the following:
(a) Employing any mechanisms, software or scripts when using PUBLICITY 4 Websites. The user is also prohibited from directly or indirectly advertising or distributing such mechanisms, software or scripts.
(b) Blocking, overwriting, modifying and copying any contents of the PUBLICITY 4 Websites, unless said actions are necessary for the proper use of PUBLICITY 4
(c) Distributing or publicly disclosing the contents of any of the PUBLICITY 4, unless such a distribution or public disclosure was granted in writing by PUBLICITY 4, and/or
(d) Performing any actions which may impair the operability of PUBLICITY 4’s infrastructure, particularly actions which may overload said infrastructure.
5. Changes to services and GTC
Changes to services
5.1 PUBLICITY 4 reserves the right to modify the services offered on the PUBLICITY 4 Websites or to offer services different from those offered at the time of the user’s registration at any time unless this is unreasonable for the user.
5.2 PUBLICITY 4 furthermore reserves the right to modify the services offered on the PUBLICITY 4 Websites or to offer services different from those offered at the time of the user’s registration at any time
(a) to the extent PUBLICITY 4 is obliged to ensure the services that they offer are in compliance with legislation incumbent upon the services, particularly in the event of a change to said legislation,
(b) to the extent PUBLICITY 4 is therefore deemed to have complied with a legal judgement or decision by the authorities,
(c) to the extent the respective modification is required to eliminate any existing security gaps,
(d) if the modification is only beneficial to the user, or
(e) if the modification is of a purely technical or process-related nature without any material impact on the user.
5.3 Modifications that only have a minor impact on PUBLICITY 4’s functionality do not represent changes to the services described in this section. This shall apply in particular to changes of a purely graphical nature and to a change of layout and/or placement of features.
Changes to GTC
5.4 PUBLICITY 4 reserves the right to amend these GTC at any time, without giving reasons, unless an amendment is unreasonable to the user. PUBLICITY 4 shall give due notice to the user regarding amendments to these GTC. If the user does not object to the validity of the revised GTC within six (6) weeks of receipt of said notice, the amended GTC shall be deemed accepted by the user. In its notice, PUBLICITY 4 shall inform the user about the user’s right to object and the importance of the objection deadline.
5.5 PUBLICITY 4 also reserves the right to modify the GTC
(a) if the modification is only beneficial to the user,
(b) if the modification is of a purely technical or process-related nature without any material impact for the user,
(a) to the extent PUBLICITY 4 is obliged to ensure the GTC comply with legislation incumbent thereon, particularly in the event of a change to said legislation,
(d) to the extent PUBLICITY 4 is therefore deemed to have complied with a legal judgement or decision by the authorities, or
(e) to the extent PUBLICITY 4 introduces supplementary, completely new services or service components requiring a service description in the GTC, unless this has a detrimental impact on the use relationship to date.
PUBLICITY 4 shall notify users of such changes to its GTC, e.g. via the PUBLICITY 4 Websites.
5.6 The user’s right to cancellation pursuant to Section 7 remains unaffected in the event of modifications to services or GTC governed by this provision.
6. Fees, billing, invoicing, payment terms
6.1 The user can settle invoices using the payment methods offered by PUBLICITY 4. If PUBLICITY 4 is unable to collect any fees from an account designated by the user due to lack of funds, the user shall bear all costs PUBLICITY 4 incurs as a result thereof, including bank charges related to any debit entries or similar charges, insofar as the user is responsible for the event that triggers these costs.
6.2 PUBLICITY 4 is permitted to only send invoices and payment reminders electronically.
6.3 Provided the user does not object, PUBLICITY 4 reserves the right to switch invoices from euros to the user’s respective local currency at any time.
6.4 Subscription fees are due immediately for the full term.
6.5 PUBLICITY 4 reserves the right to reasonably increase the fees charged for subscriptions with effect from the start of a new renewal period, either after the initial term or the respective current renewal period. Prices may only be increased once per calendar year. In such cases, PUBLICITY 4 shall inform the user at least six (6) weeks prior to expiry of the initial term or respective current renewal period. Should the user not agree to this increase, they may object to the validity of the increase within three (3) weeks of notification via the contact form, letter, fax or e-mail. The user’s submission of an objection is tantamount to cancelling its subscription, meaning that said subscription will expire at the end of the initial term or respective current renewal period.
7.1 Subscriptions shall run for the initial term selected by the user during the upgrade process. After this term, subscriptions will be renewed by a term of the same length as the initial term, unless terminated in due time by the user or PUBLICITY 4. The user and PUBLICITY 4 may each terminate subscription without cause to the end of the initial term selected by the user during registration process, or to the end of any renewal period after said minimum term expires, by serving notice of six (6) weeks via the contact form, letter, fax or e-mail.
Cancellation and suspension for good cause
7.2 Even if separate terms and conditions regarding term and cancellation are in place, both parties are entitled to immediate extraordinary termination for good cause at any time. Extraordinary termination for good cause is defined as an event which makes it unacceptable for the terminating party to continue the agreement until the end of the termination period, taking into account all circumstances of the individual case and weighing up the interests of both parties. A good cause for PUBLICITY 4 includes any of the following events:
• If the user fails to comply with any applicable legal provisions
• If the user breaches a contractual obligation
7.3 In the event of a good cause in accordance with Section 7.4 and notwithstanding PUBLICITY 4’s right to terminate the contract in accordance with Section 7.4, PUBLICITY 4 is entitled to
• delete contents posted by the user
• block the user’s access to the services on the PUBLICITY 4 Websites or to individual applications, or to
• issue a warning.
7.4 The user’s right to claim reimbursement of any advance payments upon termination shall be excluded unless the user has terminated the agreement for good cause attributable to PUBLICITY 4. In the following cases, the user shall not be entitled to claim reimbursement of any advance payments:
• If PUBLICITY 4 has terminated the contract for good cause
• If PUBLICITY 4 has blocked the user’s access in accordance with Section 7.2
8. Responsibility for the user’s content, data and/or other information, availability
8.1 PUBLICITY 4 does not accept any responsibility for any content, data and/or information provided or made available by users of the PUBLICITY 4 Websites on any external websites linked to them. In particular, PUBLICITY 4 does not warrant that said data and/or information is true or accurate, nor that it fulfils or serves any particular purpose.
8.2 The user may report any activities of any other user which violate applicable laws and/or any of these contractual terms (including the use of pseudonyms or false identities).
8.3 PUBLICITY 4 merely provides the user with a platform and is not involved in the content of communication between users and third parties. If users enter into agreements with one another via PUBLICITY 4 Websites, PUBLICITY 4 shall not be a contracting party to said agreements. Users are solely responsible for the execution and/or fulfilment of agreements they enter into with one another. PUBLICITY 4 shall not be liable for breaches of duty in relation to agreements entered into between users.
8.4 The user acknowledges and agrees that it is technically impossible to achieve 100% availability of the PUBLICITY 4 Websites. PUBLICITY 4 shall nonetheless endeavor to keep PUBLICITY 4 Websites available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond PUBLICITY 4’s control (e.g. disruptions to public communications networks, power failures, etc.), may result in malfunctions of or temporary interruptions to the service provided on PUBLICITY 4 Websites.
9. Liability of PUBLICITY 4
9.1 PUBLICITY 4 shall be liable without limitation for damages resulting from injury to life, limb or health which occur due to a breach of duty by PUBLICITY 4 or one of its legal representatives or vicarious agents. PUBLICITY 4 shall also be liable without limitation for damages owing to a lack of a characteristic warranted by PUBLICITY 4 or due to malicious conduct by PUBLICITY 4. In addition, PUBLICITY 4 shall be liable without limitation for damages due to intent or gross negligence by PUBLICITY 4 or one of its legal representatives or vicarious agents.
9.2 Apart from the cases set out in sections 9.1 and 9.3, PUBLICITY 4’s liability shall be limited to typical foreseeable contractual damages in the event of a breach of any of its cardinal contractual duties due to slight negligence. Cardinal contractual duties are an abstract description of those obligations whose fulfilment is indispensable for the proper implementation of an agreement and on whose fulfilment the contracting parties can usually rely. Any other liability on the part of PUBLICITY 4 is excluded.
9.3 Liability pursuant to the German Product Liability Act shall remain unaffected.
10. Data protection
10.1 Personal data is only collected, processed and/or used if the user grants consent to do so or if permitted by law. PUBLICITY 4 uses personal data to the extent permitted by law, in particular to fulfil its contractual obligations vis-à-vis users. PUBLICITY 4 provides the user with a range of customized features, i.e. PUBLICITY 4 serves the user certain information, offers, recommendations and services, and promotes interaction within the user’s network based on collected data. In order to render these services, PUBLICITY 4 needs to process and use the user’s personal data.
10.2 PUBLICITY 4 provides users with the option of sending their personal data, in whole or in part, to other users. Such data is sent at the user’s own risk.
11. Applicable law, place of jurisdiction, miscellaneous
11.1 PUBLICITY 4 is permitted to commission sub-contractors, but remains responsible for fulfilling its duties.
11.2 PUBLICITY 4 is permitted to transfer rights and duties to third parties, in whole or in part.
11.3 Unless otherwise governed by these GTC, PUBLICITY 4 may send notices to the user by e-mail, fax or letter.
11.4 We do not participate in dispute resolution procedures handled by dispute resolution bodies.
11.5 The place of performance under these GTC shall be PUBLICITY 4’s main place of business.
11.6 Place of jurisdiction for merchants within the scope of the German Commercial Code (HGB) shall be the main place of business of PUBLICITY 4.
11.7 These GTC and the contractual relationship shall be governed by German law, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by German law.
11.8 These GTC are available in English and German. In the event of any contradiction between the different language versions of these GTC, the German version shall take precedence.
12. Online Dispute Resolution
If you’ve had a problem with something you’ve bought online, you can use the
EU Dispute Resolution Body
to try to reach an out-of-court Settlement. You can only use it if you live in the EU.