Songlift - Our Terms of Service

Last Updated: November 2019

Welcome to Songlift

The following terms and conditions (these "Terms of Service") govern your access to and use of the Songlift website, including any content, functionality and services offered on or through songlift.com (the "Site"), by Songlift GmbH (Walchenseeplatz 4, 81539 München, Germany), as applicable ("Songlift", "we" or "us").

Please read these Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the Songlift services.

Do not hesitate to get in touch with us, if you have any questions regarding these Terms of Service. Contacting our Customer Support team can be performed by submitting a request on our Contacts page.

Important Key Terms

Balance is the aggregated amount of your Revenue as a user and/or returned payments from cancelled Deals as a Collaboration Host.

Collaborations are song-related multi-Stage projects on Songlift to which others can contribute.

Collaboration Hosts are users who obtain services by publishing Collaborations on Songlift.

Contacts are users that have a privileged relationship to each other. Contact Requests must be approved by both parties.

Contests are Collaborations that give away prizes for the best Contributions on Songlift.

Contributions are Works contributed by a registered user to a Collaboration on Songlift.

Contributor Fees are task based fees a host of a paid Collaboration offers to their contributors.

Contributors are registered users who perform musical services (Contributions) on Songlift.

Copyright Shares are proportional shares in a Work in the form of two types of copyright.

Deals are the implicit agreement between a Collaboration Owner and a Contributor on Songlift after an Order was placed.

Delivery Grace Period is the amount of time a contributor has at their disposal to upload their contribution files. The amount differs depending on your Plan subscription. (See Plans section for details)

Disputes are disagreements between a Collaboration Host and Contributor experienced after placing an Order on Songlift.

Lifts are a user's key figure numbering their total successfully completed Contributions.

Lift Agendas are dedicated collaboration plans outlining tasks, budgets and procedures for the originator in order to make his or her song market-ready from a Mentor's point of view.

Mentors are experienced music experts who perform Song Pitches, create Lift Agendas and support other artists in Collaborations.

Orders are binding declarations from a collaboration host to a user in return for a defined equivalent value.

Payment Services Provider(s) are service providers that provide payment services to Collaboration hosts and Contributors in connection with the Songlift Platform, especially with regard to recharging the personal Songlift account and managing Plan subscriptions.

A Pitch is the process of applying for contributing to a Collaboration on Songlift.

Plans are feature and permission sets a Songlift user can subscribe to.

Private Collaborations are Collaborations that are not visible to non-contributing or uninvited users.

Public Collaborations are Collaborations that are accessible to any registered user.

Purchases are processes describing a Collaboration Host paying a Contributor for their services.

Revenue is the money that contributors earn from completed orders and that is credited to their account, subject to these terms.

Song Pitches are applications from songwriters who want to create and publish their own song via Songlift.

Stages on Songlift are self-contained Task bundles within a Collaboration that are processed one after the other.

Tasks on Songlift are the smallest units within a Stage of a Collaboration one can contribute to.

A Wallet is the personal balance account from which Contributors are paid, held by each Songlift user.

Work is an uploaded package of song related files and information provided by Songlift users.

Overview (Main terms, in a nutshell)

Contributors

Collaboration Hosts

Works

Contributions

Subscriptions

Payments

Deposit of Credits

Purchasing

Subscriptions

Withdrawal of Revenues

Local Currencies

Taxes

Pricing & Fees

This table provides an overview of all costs and fees charged by Songlift:

Category Service Subscription Payment Due Date Payment Methods Fee in USD
Subscriptions FREE Plan - - - 0.00
GOLD Plan - monthly PayPal, Credit Card* 9.72
- quaterly 28.04
- annual 108.00
PLATINUM Plan - monthly 33.35
- quaterly 92.64
- annual 348.00
 
Wallet Transfers Deposit Credits all plans per transfer PayPal, Credit Card* 0%
Withdrawal of Credits FREE Plan per transfer PayPal, Credit Card* 15% of withdrawal value
GOLD Plan 8% of withdrawal value
PLATINUM Plan 0%
 
Deals Fee for Buyers FREE Plan per deal - 10%
GOLD Plan 5%
PLATINUM Plan 0%
Fee for Sellers FREE Plan per deal - 10%
GOLD Plan 5%
PLATINUM Plan 0%
* Additional payment methods may apply in certain locations.

Ratings

Disputes and Deal Revisions

We encourage our users to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Songlift's Customer Support department for assistance here.

Basics

Deal Cancellations

Refunds

User Conduct and Protection

Songlift enables people around the world to create, share, sell and purchase nearly any music service they need at an unbeatable value. Members of the Songlift community communicate and engage through ratings, comments and social media. Songlift maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Songlift. This section relates to the expected conduct users should adhere to while interacting with each other on Songlift.

To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.

Media

Reporting Violations

Violations

Non-Permitted Usage

Abuse and Spam

Proprietary Restrictions

The Site, including its general layout, design and content, is exclusively owned by Songlift and protected by copyright and trademarks. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.

General Terms

User Generated Content

User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to Songlift by our users is User Generated Content. Songlift does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, Songlift is not responsible for the content, quality or the level of service provided by the Contributors (even if they are Pro Users). We provide no warranty with respect to the Collaborations, their Contributions, and any communications between Contributors and Collaboration Hosts.

We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate service offers. By uploading a Work, the uploading person undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Songlift. Users advertising their Works online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Work and may lead to the suspension of the user's account.

For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement - please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Further Limitations

Basics

A Deal can alter the existing copyright ownership, depending on the type of royalties that has been agreed upon. For example, all or part of these royalties can consist of the transfer of copyright shares from the collaboration host to the Contributor.

As soon as users publish their collaboration, they are only obliged to give up copyright shares if they themselves offered them explicitly during the process of creation. In all other cases all copyrights remain untouched.

Collaboration Hosts are not obliged to offer copyright shares, even if they do not offer royalties in the form of a payment either.

Songlift handles two different types of copyright: the Songwriting Copyright and the Sound Recording Copyright.

Songwriting Copyright

Whenever you write a song - even if it's just a text - you automatically obtain the Songwriting Copyright. The only requirement is that your idea is materialized in some form, e.g. as a text file, printout or audio recording.

A user creating a collaboration may transfer Songwriting Copyright shares to a contributor by declaring the share in the Stage options. However, this only applies to contributions made on tasks that involve Songwriting Copyright, like "Writing a Song Text", "Set My Text to Music" or "Arrange My Song".

Sound Recording Copyright

The Sound Recording Copyright is granted to everyone who has been involved in the recording process from a creative or technical point of view, usually musicians, sound engineers or producers.

A user creating a collaboration may transfer Sound Recording Copyright shares to a contributor by declaring the share in the Stage options. However, this only applies to contributions made on tasks that involve Sound Recording Copyright, like "Add a Bass Track" or "Mix My Song".

Copyright Bill

Every Contribution on Songlift has a so-called Copyright Bill. It contains the Songwriting and Sound Recording Copyright shares of all Contributors.

The Copyright Bill for a Contribution only becomes binding when the Collaboration Host accepts the Contribution.

Once a Copyright Bill is binding, all shareholders are subject to the rights and obligations of the applying copyright law in the further exploitation of the respective material.

All users further confirm that whatever information they receive as part of a contribution, shall not be shared or used outside the context of the corresponding collaboration.

Furthermore, all users agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Songlift, including profile texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Songlift for no consideration for marketing and/or other purposes.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Songlift NOR ANY PERSON ASSOCIATED WITH Songlift MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Automatic Translation

THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE AND DEEPL. GOOGLE AND DEEPL DISCLAIM ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

The Site has been translated for your convenience using translation software powered by Google Translate and DeepL. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the website, and are provided "as is". No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.

The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.

Limitation on Liability

IN NO EVENT WILL SONGLIFT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF SELLER, SONGLIFT AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SELLER.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Songlift, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.