Terms of Use

Terms of Use

 

AccompaMe UG (hereinafter referred to as “AccompaMe”), based in Erlangen, Germany, operates, distributes or streams its own and other music files via an online platform, in particular audio files of any format in the form of accompaniments, individual parts or entire pieces, as well as digital music scores. Furthermore, AccompaMe trades and distributes services for teaching, performing, recording and playing, buying, selling, editing and analyzing music.

 

The following Terms of Use constitute a legally binding, non-exclusive agreement between you and AccompaMe. Please read the Terms of Use carefully to ensure your full understanding. These Terms of Use govern and define the rights you grant AccompaMe with respect to all submitted content (services, images, audio, scores, or other media) along with related titles, metadata, and keywords, as well as their use by AccompaMe.

 

Overview

 

By submitting content to AccompaMe, you grant AccompaMe a worldwide, non-exclusive, royalty-free right and license to promote, market and analyze the content uploaded by you, and use the analysis results in any form (for example, algorithm development or machine learning). The licenses of the content you have granted (see subsection Licensing) remain unaffected. You also authorize AccompaMe to offer and market your content as part of any packages or subscriptions that AccompaMe chooses to determine at its sole discretion. This will replace the selling price of your content set by you with the package or subscription price set by AccompaMe whenever users purchase or download this content within such a package or subscription. The license granted by you remains unaffected. You will profit proportionately from any income generated by such packages and subscriptions. You also authorize AccompaMe and third parties commissioned by AccompaMe to add, translate, edit or remove information (e.g., content descriptions, metadata, keywords, titles) about your content in order to manage, correct and complete said content.

 

Ownership of content

 

You retain all rights and property rights to your content. AccompaMe does not claim ownership of your content. On our site, you are only allowed to upload, promote, offer or share your own content to which you own the rights, copyright-free content, or content to whose rights you have been granted permission by the author. The copyright of the content remains with the copyright owner. If you upload third-party content to AccompaMe with their personal permission (or permission through the license), you may upload this content only if it is not already available on AccompaMe and only until the author uploads the content himself or herself. In this case, your version will be deleted giving the author or original interpreter priority as we want to avoid duplicate versions. Shortening, or changing the pitch or tempo of third-party content is not considered a separate work and may not be uploaded without proper rights.

 

Approvals and accreditation

 

You agree to obtain permission from the copyright holder for works protected by copyright (if the composer has not been dead for more than 70 years), in accordance with German copyright laws and regulations, if you wish to use, modify, share, offer and/or sell its contents. In particular, you are obliged to obtain valid and correct approvals and accreditations for all submitted content in advance and to make them available to AccompaMe on request. The accreditation is necessary if you create recordings of events that took place on private property or were subject to paid admission.

 

If you create a recording (audio/video) of live or offline music not made by you, you must obtain the approval/accreditation of the musician(s) and/or organizer(s) to modify, share, offer and/or sell that content on AccompaMe. You do not automatically own the copyright and rights of use of content if you have made the recording yourself.

 

For image and video files you have to obtain valid and correct model and property releases and accreditations in advance and make them available to AccompaMe on request. Approvals are required if your images contain identifiable faces, recognizable human forms, or other recognizable features, including voice, appearance, or shape, or if the image of the property was taken on private property or if it was taken in a public place, but a specific private property is pictured.

 

You agree to keep all clearances and accreditations in their original form and to provide them to AccompaMe on request. You give AccompaMe permission to pass on such evidence to third parties as needed (such as clearance of rights).

 

Licensing

 

You define the license for the re-use of your contents when uploading. By default, the Creative Commons license “Attribution” is preset, which allows editing (derivatives), duplication and commercial use. If you want to select a different license, you have to choose it explicitly. (Important: this license is valid everywhere else for this content and cannot be withdrawn).

 

The selectable licenses at AccompaMe are:

 

All rights reserved (“All rights reserved” copyright)

Here’s a brief explanation: You grant no rights except for private use. If someone wants to edit, duplicate or use your work (commercial or non-commercial use),  s/he must ask for your permission. This license prohibits public performances, even non-commercial ones!

 

CC Sampling 1.0

Here explained briefly, but please read the full license description here.

Your work can be reshaped by sampling, mash-ups or other creative techniques for commercial or non-commercial purposes*.

Your licensed work may not be publicly displayed, reproduced or performed, and no copies of it may be made and distributed (eg, no file sharing and no non-commercial web casting).

You must provide proper copyright and legal information, attach a link to the license, and indicate if changes have been made. This information may be provided in any reasonable manner, but not in a way that gives the impression that the licensor is specifically supporting you or your use.

CC Sampling Plus 1.0

Here explained briefly, but please read the full license description here.

Your work can be reshaped by sampling, mash-ups or other creative techniques for commercial or non-commercial purposes *.

Your licensed work may be publicly displayed, reproduced and presented, and (except for at AccompaMe) copies thereof made and distributed for non-commercial purposes (eg file-sharing or non-commercial web-casting).

You must provide proper copyright and legal information, attach a link to the license, and indicate if changes have been made. This information may be provided in any reasonable manner, but not in a way that gives the impression that the licensor is specifically supporting you or your use.

 

Creative Commons 4.0 CC 4.0 *, **

Here briefly explained in tabular form, but please read the full license description of the individual licenses. You choose a combination of the different license modules:

 

Icon    Abbreviation Module name Short description
by Attribution The name of the author must be mentioned.
nc Non-Commercial The work may not be used for commercial purposes.
nd No Derivatives The work may not be changed
sa Share Alike The work must be passed on for changes under the same license.

 

For a suitable choice of your license please have a look at this diagram, which helps you to choose the right license for your content (LINK to the diagram on our page)

 

Choosable Creative Commons 4.0 licenses:

 

CC BY 4.0 *, **

Here explained briefly, but please read the full license description here.

 

You may reproduce and redistribute the content in any format or medium for any purpose, as well as remix, modify and build on the content, even for commercial purposes.

 

You must provide proper copyright and legal information, attach a link to the license, and indicate if changes have been made. This information may be provided in any reasonable manner, but not in a way that gives the impression that the licensor is specifically supporting you or your use.

 

CC BY-NC 4.0 *, **

Here explained briefly, but please read the full license description here.

 

You may reproduce and redistribute the content in any format or medium for any purpose, as well as remix, modify and build on the content, but not for commercial purposes.

 

You must provide proper copyright and legal information, attach a link to the license, and indicate if changes have been made. This information may be provided in any reasonable manner, but not in a way that gives the impression that the licensor is specifically supporting you or your use.

CC BY-ND 4.0 *, **

Here explained briefly, but please read the full license description here.

 

You may reproduce and redistribute the content in any format or medium for any purpose, even for commercial purposes. If you want to remix, change or otherwise build up the content directly, you may do so only for your own personal benefit, but do not distribute the edited version.

 

You must provide proper copyright and legal information, attach a link to the license, and indicate if changes have been made. This information may be provided in any reasonable manner, but not in a way that gives the impression that the licensor is specifically supporting you or your use.

 

CC BY-NC-ND 4.0 *, **

Here explained briefly, but please read the full license description here.

 

You may reproduce and redistribute the content in any format or medium for any purpose, but not for any commercial purpose. If you want to remix, change or otherwise build up the content directly, you may do so only for your own personal benefit, but do not distribute the edited version.

 

You must provide proper copyright and legal information, attach a link to the license, and indicate if changes have been made. This information may be provided in any reasonable manner, but not in a way that gives the impression that the licensor is specifically supporting you or your use.

 

CC BY-SA 4.0 *, **

Here explained briefly, but please read the full license description here.

 

You may reproduce and redistribute the content in any format or medium for any purpose, as well as remix, modify and build on the content, even for commercial purposes. If you want to remix, modify or otherwise directly build the content, you may distribute it under the same license as the original.

 

You must provide proper copyright and legal information, attach a link to the license, and indicate if changes have been made. This information may be provided in any reasonable manner, but not in a way that gives the impression that the licensor is specifically supporting you or your use.

 

CC BY-NC-SA 4.0 *, **

Here explained briefly, but please read the full license description here.

 

You may reproduce and redistribute the content in any format or medium for any purpose, as well as remix, modify and build on the content, but not for commercial purposes. If you want to remix, modify or otherwise directly build the content, you may distribute it under the same license as the original.

 

You must provide proper copyright and legal information, attach a link to the license, and indicate if changes have been made. This information may be provided in any reasonable manner, but not in a way that gives the impression that the licensor is specifically supporting you or your use.

 

* If you purchase content on AccompaMe, you may use it for private purposes. You can also change it in an artistically valuable manner (there must be a noticeable added value recognizable. A shortening, changing the pitch or tempo alone is not considered an artistically valuable change) and offer on AccompaMe for sale or free of charge, if the license to the original piece allows it.

 

** ATTENTION: Your uploaded content may be purchased on AccompaMe by other users. It may be modified and sold or streamed on AccompaMe by users who have purchased and modified your content, as long as your given license allows it. However, users may NOT (re) upload the original work for commercial or non-commercial use to AccompaMe if the original work is already available on AccompaMe. If your work (own composition or own recording) is not yet available on AccompaMe, it may only be uploaded by other users or remain as content on AccompaMe with your personal permission or in compliance with your license until the date on which you submit your own work to AccompaMe. As such, we want to prevent that several identical versions of a same piece are offered on our site. Please inform us of duplicate identical or very similar versions of works.

 

If you are under contract with publishers or labels, you must firstly clarify whether and what content you can offer on AccompaMe. If it is stipulated in the respective external contract that you may only “work” exclusively for this publisher, and all your content may be distributed only by the label or publisher, then this content cannot be offered on AccompaMe. You must clarify your rights and obligations to third parties with your contractual partners AccompaMe is not liable for breaches of external contracts by its users.

 

Accounts

You agree to provide complete and accurate information on your AccompaMe’s user account and for your content.

 

By opening an AccompaMe user account, you agree to the Privacy Policy (here link) of AccompaMe, which is referenced here and is part of these Terms of Use. The Privacy Policy regulates the collection, processing, storage and transmission of your content, text and data by AccompaMe.

 

AccompaMe will close your existing account in cases of copyright infringement, infringement of third party privacy, infringement of third party publishing rights, use of technical means to automatically generate and / or provide content and lyrics, fraud, submission of obscene, violent or defamatory content, breach of these Terms of Use or any other agreement between you and AccompaMe, as well as violations of German or international laws. You grant AccompaMe the right, in the event of an account cancellation caused by inappropriate user behavior on your part, to withhold a processing fee of 20 Euros from your remaining balance.

 

You can close your account on AccompaMe. We will meet your demand as soon as possible within 60 days. However, we reserve the right to store your data and content for a period of 3 years from the closure of the account to ensure any legal claims by third parties or AccompaMe.

Your remaining balance will be paid to you according to our guidelines for the payment of credits (see subsection “Pricing, Compensation and Payment”). The content you submit will be transferred to AccompaMe, subject to your assigned licenses, except for those licensed with “All Rights Reserved” or with CC Sampling 1.0.

 

You are responsible for all actions and activities that occur through your AccompaMe account. You may define an account manager (written proof required) to manage your account information, data and content for you. You may not share your AccompaMe account credentials (except to your designated account administrator). You may not use someone else’s account unless you are its designated account manager and have written permission from the account owner. If you learn of any unauthorized use of your account, please contact our customer service immediately (support@accompa.me).

 

Content

 

AccompaMe has the right to remove your submitted content for valid reasons. AccompaMe will delete your content if we believe or suspect that you or AccompaMe may be prosecuted for your submitted content or that your content violates AccompaMe’s Terms of Use.

 

AccompaMe provides its own as well as user-generated content on our website. When you access our services, you may find content that you find offensive, insulting or annoying. In this case we ask you to report this content by contacting our customer service. We will do our best to remove such content without delay.

 

AccompaMe may promote or merchandise your content on any media (eg print, online, offline), including social media such as Facebook, Instagram, Tumblr, Twitter and similar content and media providers, for advertisement or other purposes, free of charge and without asking for your permission. You also authorize AccompaMe to offer and merchandise your content as part of any packages or subscriptions that AccompaMe chooses to determine in its sole discretion. This will replace the selling price of your content set by you with the package or subscription price set by AccompaMe within these packages or subscriptions. You will receive reasonable, proportionate compensation for any sales of your content by AccompaMe, such as by online or offline packages or subscriptions that offer your content. Your assigned licenses for your content remain unaffected.

 

AccompaMe may promote, merchandise, analyze and use any analysis results (for example, for algorithm development or machine learning) of content uploaded by you. However, the licenses you grant will remain unaffected. You also authorize AccompaMe and third parties commissioned by AccompaMe to add, translate, edit or remove information (e.g., content descriptions, metadata, keywords, titles) about your content in order to manage, correct and complete said content.

 

Guidelines for Submitting Content

 

AccompaMe provides various own or user-created accompaniments, individual voices, scores as well as other content. The different types of content are defined in our database by different categories. We aks you to classify your submitted content in the correct category according to the uploaded file, as well as to submit further files and to provide appropriate information as described below.

 

For audio files:

1) Recorded audio accompaniments, single parts or sung voices: Please classify all audio files recorded by you on an acoustic or electric instrument (including vocals),  in the category live recording.

 

2) Computer Generated Audio Accompaniments or Single Voices: Please classify all content generated by you on the computer, e.g. by using MIDI files, MusicXML files, or music notation programs, in the computer generated category. For this type of submission, you must submit the contents both as a WAV file and in the generating file format (e.g., MIDI, MusicXML), and optionally as a project file of the software program you are using (e.g., Cubase, Protools).

Exception: You can classify content, that is very elaborately generated by you on the computer, into the category live recording. It must be produced with accurate dynamics, rhythm and individual interpretation, as well as by high-quality (virtual) instruments, such that it is indistinguishable from human-recorded contents on acoustic or electric instruments.

 

For sheet music:

3) Own arrangements: All score arrangements that you upload to AccompaMe must be uploaded in the pdf file format. Please classify this content in the category arrangements. In addition, please indicate in the meta description clearly and completely which scores you have used as original scores (complete reference with publisher, publication year, edition, ISBN), as well as a link to the original (eg to IMSLP or to a publisher) and / or one file of the original score as pdf or photo. In addition, please completely and correctly identify in the meta description what differs in your arrangement from the original (eg violin and cello part of the original score is combined into a viola part, or transposition of all voices into a different pitch (eg from C major to G major)).

    1. You are only allowed to upload specially created computer generated files (eg no pictures of hand written arrangements).
    2. You have to upload the file of the used notation program (MuseScore, Primus, Forte, Capella…). You can choose whether this file is visible only to AccompaMe or also to buyers. AccompaMe may use the music notation file for possible copyright checks.
    3. Optionally, you can also upload the files in MIDI or MusicXML format and make them available to the buyer.
    4. Optionally, you can upload a video or audio file of a performance of your arrangement, or add a link (for example, YouTube, Vimeo, SoundCloud).

 

4) Own compositions: You have to upload your own compositions, which you upload to AccompaMe, in pdf file format. You must place this content in the composition category.

  1. You are only allowed to upload specially created computer generated files (eg no pictures of hand written compositions).
  2. You have to upload the file of the used notation program (MuseScore, Primus, Forte, Capella…). Optionally, this file is visible only to AccompaMe and not to buyers. AccompaMe may use the music notation file for possible copyright checks.
  3. Optionally, you can also upload the files in MIDI or MusicXML format and make them available to the buyer.
  4. Optionally, you can upload a video or audio file of a performance of your composition, or add a link (for example, YouTube, Vimeo, SoundCloud).

 

External content

5) External content: If you do not upload your own content, but you know of external content that could be part of the accepted contents of AccompaMe, you may provide a link to this external content, unless expressly prohibited by the author or the license granted. To do this you must enter correct and complete metadata and provide a link to the external content via a URL (for example from YouTube, Vimeo, SoundCloud). You must classify the external content according to the following categories:

  1. External live recording (of accompaniments, individual parts or sung voices)
  2. External computer generated (accompaniments and individual parts)
  3. External arrangement
  4. External composition

 

Musical interpretation of complete pieces

6) In certain cases, you may also upload to AccompaMe your own musical interpretations of complete tracks as a video or audio file, or link them through a URL (e.g., YouTube, Vimeo, SoundCloud). This content can be played back directly through AccompaMe by embedding it. You must fully and correctly describe your complete pieces with metadata and categorize them as a complete piece. If you use for your interpretation an accompaniment or individual part that you bought on AccompaMe, you can link it to the accompaniment or individual voice used, where it will appear linked to.

 

General rules for submission:

You agree to provide a correct, complete description for all submitted content (video or audio files and sheet music). The mandatory information is:

– Full name of the original composer

– Original title of the work in English and / or in the original language as given by the composer.

You can always make changes to your files or metadata for correction or completion through your account. If your content contains incorrect information (metadata), it may be reported by other users and may lead to a request for correction or deletion of the content by our administrators or moderators.

 

Wishes

 

You may use AccompaMe’s wish service for  any musical contents, by describing as exactly as possible what you need in the wish submission form. You should choose a price that you are willing to pay for. Once you have created the request and paid from your balance, your wish will be published in the list of open requests. Any Accompanista who has subscribed to automatic messages when new wishes appear, will receive a message about your newly created request. Other Accompanistas may increase their price by at least 50 cents by using their own balance or money, eg if your submitted wish is also interesting or useful for them. Any Accompanista who wishes to participate will automatically receive the fulfilled request file on their AccompaMe account without having to pay the requested fulfillers selling price.

 

As a wish fulfiller, you can fulfill a request from the published wish list and then upload the file and complete the metadata. You can directly set your selling price here for further purchases, since your created content will then be included in AccompaMe’s database and will be available for every Accompanista. Your credit balance will increase by the full payout amount excluding VAT as soon as the requestor has convinced himself of the quality and correctness of your fulfilled content. The fulfillment file will be altered by AccompaMe for verification purposes, and the original fulfillment file will only be available if the wish-maker is satisfied with the wish fulfillment. Should the requestor not be convinced of the quality or correctness, moderators (e.g., other accompanistas who have raised the price of the wish or other third parties designated by AccompaMe) can judge whether objections are justified and make a decision regarding the amount of the payout.

In order to avoid misunderstandings and ambiguities between the wish-maker and the wish-fulfiller, we ask you to define the wishes as clearly and precisely as possible and to contact the wish-maker in case of questions.

 

Guidelines for forum and group contributions as well as for private messages

 

Our admins and moderators of AccompaMe cannot read all posts in the forums and groups and scour them for offensive, insulting, racist, sexist or banned content. AccompaMe will promptly edit or delete such posts as soon as we receive notifications of inappropriate posts in forums, groups or private messages, as well as take other actions towards contributors of unauthorized content (such as account lockout or deletion) that are not compliant with the following guidelines.

 

  1. You agree to write and share only posts and content that reflect your own opinion.
  2. You may not post or share content that is discriminatory, racist, pornographic, vulgar, obscene, offensive, threatening, or unlawful.
  3. You may not post or share any product or corporate advertising, other advertising or marketing activities in the forums or groups.
  4. You authorize AccompaMe, as well as others designated by AccompaMe (e.g., webmasters and moderators) to edit, delete, thematically arrange or rearrange your public content and posts, as well as publicly comment your posts.
  5. You are personally responsible for the content created or shared through your account. Thus, you oblige to be legally and financially responsible to AccompaMe and any third party concerned for any breach, copyright infringement or legal action arising from any of your authored or shared contributions or content.
  6. You agree to absolve AccompaMe and any third party designated by AccompaMe (e.g., moderators, administrators) from any responsibility for the posts and content contained in the forums, groups and private messages. AccompaMe is in no way liable for contributions and content from others (such as other users).
  7. You authorize AccompaMe to store your data, text and content in order to use it for back-up or clarification of copyright or legal issues.

 

Pricing, compensation and payout

 

You may freely choose the selling price of your offered content (and also make it available for free by choosing 0 Euro selling price).

 

AccompaMe will pay you a content dependant license fee for each individual download of your content for which AccompaMe receives payment. Your share is calculated from the total payment minus AccompaMe fees, any applicable fees for musical performing and mechanical reproduction rights (eg German GEMA), and VAT (depending on the content and on the country of purchase). The individual fees are listed below:

 

AccompaMe fees:

10% on all accompaniments and individual parts

10% on all score purchases

0% on wishes

0% on marketplace sales

 

GEMA fees (only applicable in Germany, other fees may be applicable if content is purchased outside of Germany):

10.25%, but at least 9 ct (Euros).

 

VAT (sales tax, only applicable in Germany, other fees may be applicable if content is purchased outside of Germany):

7% on scores

7% on request fulfillment (artistic creation of a work)

19% on accompaniments and individual parts

 

We only pay VAT for actual purchases, but not for the credit on your account.

 

Transaction costs will only be charged to you if you make payments yourself. The amount of the transaction costs depends on the method of payment and the amount of the payment. The cheapest option for you is the (re)charge of your AccompaMe account balance, as you have to pay only once the transaction costs and all payments can be made with your credit without any additional transaction costs.

 

The payout of your account balance is on request and is free of charge for an account balance of at least 20 euros for transfers to a German bank account. For the payment of credits below 20 Euro we charge a processing fee of 3 Euro. Payments to bank accounts abroad may incur additional transaction costs.

 

Should we for any reason make an overpayment of your compensation, we are entitled to offset these overpayment amounts with your (new) account balance or to demand the immediate repayment of such overpaid compensation.

 

Taxation of revenue

You are responsible for reporting and potentially taxing your revenue generated on AccompaMe to the tax office in charge of you.

Note on income tax (not legally binding): In Germany, you do not have to tax your income generated on AccompaMe, if you do not earn more than 2400 Euro annually with music as a part-time job (related to the calendar year – not more than one third of the working time of a comparable full-time employment). Otherwise, you pay taxes only if the sum of your annual income after deduction of 2400 euros or after deduction of all advertising costs (travel costs to the performance, strings, sheet music, instrument, etc.) exceeds the tax-free allowance of 9000 euros.

 

Referral program

 

For every new user who registers on AccompaMe on your recommendation and buys or uploads at least one content, we will issue you a voucher worth 5 Euro. You can use this voucher for any purchases on AccompaMe.

 

AccompaMe trademark

 

The term “AccompaMe Trademark” refers to all trademarks, logos, slogans, custom terms (eg, “Accompanistas” or “You.Making.Music”), trade names, Internet domain names, or other specific names, now or in the future used by AccompaMe in whatever language.

 

You may not copy, use, modify, link or share any AccompaMe trademarks without written permission. You may not use any AccompaMe trademarks or variants thereof (including misspellings) as a domain name or as part of a domain name, regardless of the top-level domain, as part of a blog name, or as a social media name or channel.

 

You may not copy, impersonate or otherwise use the look and feel of the AccompaMe website or app, including any headers, graphics, button symbols, and fonts, or otherwise, in whole or in part, without our written permission.

 

Compensation claims for copyright infringement

 

You grant AccompaMe the right and authority to take any action we deem appropriate to protect your and our content rights. If you suspect misuse of your or other content, you should contact our customer support as soon as possible. Although AccompaMe takes reasonable steps to ensure that your rights are not violated by other customers or third parties, AccompaMe has no obligation to take legal action against any infringer of your content rights. We take copyright and rights to your content very seriously and will do our utmost to protect it.

 

Assurances and warranties

 

You provide the following assurances and warranties:

 

  1. You have reached the age of 18 and have the right and authority to use the services of AccompaMe and to fulfill the obligations of these Terms of Use.

 

  1. You are not prevented from adhering to these Terms of Use by either legal disability or contractual restrictions.

 

  1. The content uploaded by you and all parts thereof are your property or in your disposal. In particular, you own all rights to the uploaded content or you have the written permission of the originator or owner to upload this content.

 

  1. The content you upload or share is neither obscene nor defamatory, does not violate applicable laws or regulations, and does not violate copyright or other rights of third parties, including, but not limited to, trademark rights, privacy rights, and publishing rights.

 

Dispute settlement

 

Even if you normally should not have any problems using our services, in exceptional cases there may be disagreements between you and other users or AccompaMe. We ask you to first try to solve problems and differences of opinion in direct contact. If that fails, you agree to participate in a dispute resolution process with the EU’s online dispute resolution platform (https://ec.europa.eu/consumers/odr) to resolve issues out of court, fairly and efficiently.

 

Miscellaneous

 

You grant AccompaMe the worldwide, non-exclusive right to use your content in connection with the marketing and promotional activities of AccompaMe without your being paid any compensation.

 

AccompaMe will not be liable for any damages, including direct, indirect, consequential or incidental damages, resulting from the submission or use of your content or the closure of your AccompaMe account.

 

AccompaMe reserves the right to change these Terms of Use at any time. Changes will be announced on our site and, provided you are already registered on AccompaMe as a user, you will be notified by e-mail to the e-mail address you provided.