BLUES NOTE RECORDS

Independent Music Label

 

General Terms and Conditions (GTC's)

 

1. SUB

1.1 The General Terms and Conditions ("GTC") apply to the distribution contract between BLUES NOTE RECORDS and the rights holder. BLUES NOTE RECORDS, Grabbestr. 1, 32257 Bünde, Germany, operates the website www.bluesnoterecords.de.

 

1.2 The offer of BLUES NOTE RECORDS is not addressed to consumers in the sense of § 13 BGB.

 

1.3 BLUES NOTE RECORDS offers via www.bluesnoterecords.de services in the field of marketing and billing of sound / video sound recordings ("Recordings") for musicians or rights holders ("Rights Holders").

 

1.4 BLUES NOTE RECORDS shall register the Recordings of the Rights Holder with the download or streaming platforms selected by the Rights Holder for exploitation. Furthermore, BLUES NOTE RECORDS shall handle the billing of the Recordings. If necessary, BLUES NOTE RECORDS shall use the services of third parties for this purpose (collectively, the "Platform").

 

1.5 The individual distribution services to be provided by BLUES NOTE RECORDS and the remuneration for such services shall be determined by the package booked ("LABEL-BASIC", "LABEL-MAX", "MPN PROMOTION" or "MUSIC PRODUCTION" or also "VIDEO PRODUCTION"). The distribution services to be provided by BLUES NOTE RECORDS within the framework of the "LABEL-MAX" package shall be regulated by individual contract between the rights holder and BLUES NOTE RECORDS.

 

 

2. Granting of rights

2.1 The Rights Holder shall grant BLUES NOTE RECORDS the rights of use to the contractual Recordings and to the accompanying material to the extent that such rights are necessary for the performance of the Contract. BLUES NOTE RECORDS is thus entitled to make the Recordings and the accompanying material available in all formats known today and in the future for distribution to end customers in download or streaming platforms (including personalized web radios).

 

2.2 The rights to the recordings and the accompanying material are granted without territorial limitation (worldwide). The rights holder may restrict the granting of rights with regard to individual recordings or the accompanying material. The restriction is made prior to publication by corresponding information on the part of the rights holder.

 

2.3 The rights to the Recordings and the Accompanying Material shall be granted for an unlimited period of time. The granting of rights ends (1) with the revocation of recordings by the rights holder (takedown) or (2) by termination of the agreement. Due to technical requirements, deactivation from all download stores or streaming platforms may take approximately 14 days.

 

2.4 Costs incurred for the provision of label-related services for the publication of audio and video materials in digital form, as well as the granting of rights to the recordings and accompanying material, shall be based in terms of content on the performance rights regulated in the "Band Transfer Agreement or the Digital Music Distribution Agreement". The restriction is made by corresponding information with the respective recording. The information is to be provided by the rights holder and communicated prior to the conclusion of the contract.

 

 

2.5 BLUES NOTE RECORDS is also entitled to make publicly available and/or broadcast so-called clips as an excerpt of a recording with a playing time of generally 90 seconds for trial listening or for evaluation purposes.

 

2.6 BLUES NOTE RECORDS is entitled to grant users of download stores or streaming platforms the right to update data or to make a backup copy on storage media.

 

2.7 The rights holder grants BLUES NOTE RECORDS the right to transfer the granted rights in part or in full to third parties (sublicenses for distribution partners, etc.) to the extent necessary for the performance of the contract.

 

2.8 The rights holder grants BLUES NOTE RECORDS the right to edit the Recordings or the accompanying material. The editing right is limited to technical editing for the purpose of provision in download stores or streaming platforms.

 

2.9 BLUES NOTE RECORDS expressly reserves the right to reject recordings or accompanying material at its own discretion and without justification.

 

 

3. Billing

3.1 BLUES NOTE RECORDS shall receive the income generated from the exploitation of the Recordings that are the subject of the contract and shall settle the same and credit the Customer. The settlement shall be made plus VAT. (if applicable).

 

3.2 Net income means the actual payments received by BLUES NOTE RECORDS less the agreed participation of BLUES NOTE RECORDS.

 

3.3 BLUES NOTE RECORDS is entitled to charge outstanding annual fees, applicable taxes, other costs possibly incurred in connection with BLUES NOTE RECORDS services and claims for damages directly against the Customer's credit balance or to collect them via other payment methods (e.g.: PayPal account, bank account, etc.).

 

3.4 As a rule, incoming payments are credited to the customer's account on the 1st of the following month after receipt of payment by BLUES NOTE RECORDS, but only if the customer has a credit balance of 50 Euros or more.

 

3.5 BLUES NOTE RECORDS is entitled to deduct any fees that may be incurred during the payment process (e.g.: Pay-Pal fees). The amount of the fees are based on the specifications of the payment service provider.

 

 

4. Manipulation of download or streaming numbers; recycled audio; criminal content

4.1 BLUES NOTE RECORDS shall be entitled to immediately block (so-called takedown) or deactivate the recording of rights holders,

 

4.1.1 if there is suspicion that rights holders or third parties manipulate download / streaming figures concerning the recordings;

 

4.1.2 if rights holders publish recordings under different titles or artist names (so-called recycled audio) or so-called generic music;

 

4.1.3 if the content of the recordings is punishable by law;

 

4.1.4 if the recordings infringe the rights of third parties.

 

4.2 BLUES NOTE RECORDS shall also be entitled to set up a payout block with respect to the Customer. BLUES NOTE RECORDS is further entitled to block the affected Recordings in all download stores or streaming platforms (so-called takedown).

 

4.3 BLUES NOTE RECORDS shall immediately inform rights holders by e-mail about the measures taken and grant rights holders the opportunity to comment. If the allegations can be dispelled, the measures taken will be lifted. If the allegations cannot be dispelled, the measures taken shall remain in force until the facts of the case have been finally clarified.

 

 

5. Notices to rights holders

5.1 BLUES NOTE RECORDS draws the attention of rights holders to the fact that authors of the works on which the Recordings are based are entitled to claims on the basis of the exploitation of the Recordings. These claims are usually asserted by collecting societies or publishers of the authors. BLUES NOTE RECORDS is not responsible for such claims. If the rights holder is not the author or not the sole author, he will, if necessary, point this out to the authors.

 

5.2 BLUES NOTE RECORDS draws the attention of rights holders to the fact that they alone are responsible for the proper taxation of all revenues or the payment of duties, levies, etc.

 

5.3 BLUES NOTE RECORDS points out to rights holders that manipulation of download / streaming figures is punishable by law (fraud).

 

 

6. Warranty

6.1 Rights Holder warrants to BLUES NOTE RECORDS that he is entitled and able to enter into this Agreement, to perform it and to grant the necessary rights to BLUES NOTE RECORDS.

 

6.2 Rights Holder warrants that no rights of third parties are infringed by the Recordings and the accompanying material.

 

6.3 Rights Holder warrants to BLUES NOTE RECORDS that the Recordings or the Accompanying Material do not violate any criminal or administrative fine regulations.

 

6.4 Rights Holder represents and warrants to BLUES NOTE RECORDS that it will not artificially increase or otherwise manipulate the retrieval or streams of Recordings, e.g. by technical means such as the use of scripts or other automated processes or permanent streaming of the Recordings through its own or third party accounts.

 

 

7. Release from liability

7.1 BLUES NOTE RECORDS draws the attention of rights holders to the fact that third parties may be required to participate in the revenues generated (e.g.: Artists, producers and other persons who have participated in the creation of the recordings or accompanying material).

 

7.2 The rights holder shall indemnify BLUES NOTE RECORDS against all claims asserted by third parties against BLUES NOTE RECORDS for infringement of their rights on the basis of or in connection with the recordings or accompanying material posted by the rights holder.

 

7.3 The rights holder shall be obligated to reimburse BLUES NOTE RECORDS for the necessary costs of legal defense incurred in connection with the defense against claims by third parties, including all court and attorney's fees (also out-of-court) to a reasonable amount. This does not apply if the rights holder is not responsible for the infringement, which the rights holder must demonstrate and prove. In the event of a claim by a third party, the rights holder is obliged to provide BLUES NOTE RECORDS immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.

 

 

8. Remuneration

The remuneration for the services provided by BLUES NOTE RECORDS depends on the service package booked ("LABEL-BASIC" and "LABEL-MAX") or will be agreed individually for the service packages. 

 

 

9. compensation for expenses

9.1 The rights holder shall pay BLUES NOTE RECORDS a reasonable lump-sum expense allowance in the following cases:

 

9.1.1 Re-creation of invoices or credit notes due to incorrect information provided by the rights holder; processing of manipulation cases regarding download / streaming figures; processing of recycled audio or generic music cases. The lump-sum compensation for expenses shall amount to € 50.00 (net) in each case.

 

9.1.2 Processing of warnings due to infringement of third party rights by recordings. The lump-sum expense allowance shall amount to € 100.00 (net).

 

9.2 The expense allowance shall be set higher or lower if BLUES NOTE RECORDS proves a higher expense or the rights holder proves a lower expense or no expense.

 

 

10. Liability of BLUES NOTE RECORDS

10.1 BLUES NOTE RECORDS shall be liable to rights holders for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

 

10.2 BLUES NOTE RECORDS shall be liable without limitation for any legal reason whatsoever

- in case of intent or gross negligence,                                                      

- in the event of intentional or negligent injury to life, limb or health,                              

- on the basis of a guarantee promise, as far as nothing else is regulated in this respect,

- on the basis of mandatory liability, such as under the Product Liability Act.

 

10.3 If BLUES NOTE RECORDS negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above paragraph. Material contractual obligations are obligations which the contract imposes on BLUES NOTE RECORDS according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper performance of the contract possible in the first place and on the compliance with which the rights holder may regularly rely.

 

10.4 Any further liability of BLUES NOTE RECORDS is excluded.

 

10.5 The foregoing liability provisions shall also apply with respect to the liability of BLUES NOTE RECORDS for its vicarious agents.

 

 

11. Term, Amendment, Termination

11.1 The contract is concluded for the agreed term with reference to the terms set out in the Band Transfer Agreement or the Digital Music Distribution Agreement.

 

11.2 Rights Holder may terminate the entire Agreement at any time by observing the proper notice period. Notice of termination must also be given by e-mail or by letter.

 

11.4 BLUES NOTE RECORDS may terminate the contract by giving 14 days' notice. BLUES NOTE RECORDS shall attach a statement of the reasons for its decision to the notice of termination and send it by e-mail.

 

11.5 The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.

 

11.6 Good cause shall be in particular:

- a significant violation of essential provisions of these Terms of Use, which is not remedied even after setting a deadline or is repeatedly   

   committed and makes the continuation of the contractual relationship impossible or unreasonable;

- Recordings or accompanying material contains punishable material;

- Recordings or accompanying material contains radical propagandistic or immoral material;

- manipulating download or streaming figures;

- the provision of false data by rights holders;

- if compulsory enforcement proceedings have been instituted in respect of all or a substantial part of the assets of a Contracting Party or 

   there are grounds for opening insolvency proceedings against a Contracting Party or such proceedings have been dismissed for lack of

   assets or insolvency proceedings have been applied for against a Contracting Party or an affidavit has been made by a Contracting Party

   in respect of its assets.

 

11.7 In the event of a justified extraordinary termination by BLUES NOTE RECORDS, Rights Holder shall not be entitled to make further advance payments.

 

11.8 Income received by BLUES NOTE RECORDS after termination of the contract shall be accounted for and paid out in accordance with the contract, unless BLUES NOTE RECORDS is entitled to a right of retention based on claims for breach of contractual obligations on the part of the Rights Holder.

 

 

12. Exclusion Period

12.1 Claims and rights arising from or in connection with this Agreement shall be asserted by both Parties in text form against the other Party within a period of three (3) months. If this assertion is not made, the claims shall be forfeited. The period shall commence as soon as the claim is due and the claimant becomes aware of the circumstances giving rise to the claim or should have become aware without gross negligence.

 

12.2 Claims arising from criminal or tortious acts shall not be subject to the agreed preclusion period.

 

12.3 If the claims asserted in due time pursuant to Section 12.1 are rejected by the other contracting party or if the other contracting party does not declare its intent within one (1) month after assertion, they shall be forfeited if they are not brought to court within three (3) months after rejection or expiry of the time limit.

 

 

13. Assumption of contract

BLUES NOTE RECORDS shall be entitled to transfer its rights and obligations in whole or in part to a third party. BLUES NOTE RECORDS shall inform the third party of this in due time, but no later than four (4) weeks prior to the transfer of the contract, in text form to the last known e-mail address. If rights holder does not wish to continue the contractual relationship with the third party, the contract may be terminated at any time.

 

 

14. Amendment of the Terms and Conditions / Terms of Use

BLUES NOTE RECORDS is entitled to amend these General Terms and Conditions / Terms of Use to the extent that this is necessary in order to eliminate equivalence problems that have arisen subsequently or to adapt to changes in the legal or technical framework. BLUES NOTE RECORDS will notify of any changes by sending a message stating the content of the amended provisions to the last known e-mail address. The amendment shall become part of the contract if the rights holder does not object to its inclusion in the contractual relationship in writing or text form within 15 days of receipt of the notification of amendment.

 

 

15. Miscellaneous

15.1 The Agreement shall be governed by German law and only the German version of this Agreement shall be authoritative. The English or other language version shall serve exclusively as a reading aid.

 

15.2 If the rights holder acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be Bielefeld. If the rights holder has its registered office outside the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be Bielefeld of BLUES NOTE RECORDS if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the rights holder. However, in the above cases BLUES NOTE RECORDS shall in any case be entitled to bring an action before the court having jurisdiction over the registered office of the rights holder.

 

You can find our products in all relevant worldwide stores and portals:


Postal address:

BLUES NOTE Records 

Grabbestr. 1

32257 Bünde/Germany

info(at)bluesnoterecords.de

Opening hours

Mondays - Thursdays:

10:00 am - 01:00 pm

02:00 pm - 06:00 pm

Fridays:

10:00 am - 01:00 pm

Saturday and Sunday closed!

YOUTUBE CHANNEL:

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