Boocord Music
Terms of Use
This English version is provided for convenience. The German version is the legally binding version. If there are any differences between the German and English versions, the German version prevails.
Important notice: These Terms of Use (hereinafter "Terms of Use") form the contractual basis for the use of the music streaming service (hereinafter "service" or "Service") of Boocord Music (hereinafter "provider" or "we"). By registering or otherwise using our service, you expressly agree to these Terms of Use in their currently valid version. Please read them carefully before using the service.
These Terms of Use apply to users residing in the European Union and take into account the applicable legal framework of the EU as well as mandatory consumer protection provisions.
1. Scope and contracting party
1.1 Scope
These Terms of Use govern the legal relationship between you as an end user (hereinafter "user", "customer", or "you") and the provider with regard to the use of the service. Additional or deviating terms of the user do not apply unless we have expressly agreed to them in writing.
1.2 Contracting party
The contract is concluded with the provider. The exact contact details can be found in the provider's imprint.
1.3 Requirement for use
The service is intended exclusively for persons with full legal capacity or for minors with the consent of their legal representative. By registering, you confirm that you are of legal age or that you have the required consent.
2. Description of services
2.1 Nature of the service
The service enables users to stream musical works, podcasts, and other audio content (hereinafter collectively "content") through an online platform (website, app, or other digital interfaces), to create and save playlists, and, where this feature is offered for the respective content, to download content.
2.2 Availability
The provider endeavors to provide the service with as few interruptions as possible. However, there is no entitlement to uninterrupted or error-free use at all times. Temporary restrictions may occur due to maintenance work, capacity limits, security aspects, or events of force majeure. The provider will remedy disruptions as quickly as reasonably possible.
2.3 Quality of content
The quality and availability of streamed content may depend on various factors, such as the available bandwidth, the user's internet connection, or the device used. The provider does not guarantee a specific audio quality or uninterrupted access to specific content.
2.4 Changes to the service
The provider reserves the right to adapt, further develop, or discontinue parts of the content, scope, functions, and structure of the service at any time. This is done in particular to improve the user experience, to adapt to technical developments, or due to legal changes. Where an adaptation is disadvantageous for the user, the provider will inform the user in good time and in an appropriate manner.
3. Registration, conclusion of contract, and termination
3.1 Registration
In order to use the service in full, registration with correct and complete information is required. The user is obliged to keep their registration data up to date at all times.
3.2 Conclusion of contract
By completing the registration process, the user submits a binding offer to conclude a contract for the use of the service. The contract is concluded when the provider accepts this offer, for example by enabling access.
3.3 Termination
Termination can be initiated at any time by direct contact or by deleting the account.
3.5 Consequences of termination
After termination becomes effective, access to Boocord Music and all functions of a registered user that are offered exclusively will expire.
4. Rights of use in content
4.1 Copyright protection
All content accessible through the service is protected by copyright. Use within Boocord Music, in particular listening, displaying, saving in playlists, and sharing within the functions offered, is permitted within the scope of these Terms of Use.
4.2 Song licenses instead of a blanket rights release
For the use of songs outside Boocord Music, there is no automatic uniform blanket rights release. The song license displayed for the respective song is decisive. This license briefly and bindingly describes whether and to what extent a song may be used, for example, in videos, streams, social media posts, products, projects, or other external uses.
4.3 Visibility and content of the license
A song license may be displayed with the song as a license notice with a name, symbol, short text, and further information. Users are obliged to observe the license displayed before any external use. If a song does not display a license or if the license does not allow a particular use, that use outside Boocord Music is not permitted.
4.4 Uploads and rights of the uploader
Anyone who uploads or submits a song for publication confirms that they hold all necessary rights to the music, recording, lyrics, cover, and other components, and grants Boocord Music the rights required for storage, technical processing, streaming, display, moderation, and provision. For public song uploads, any further use by other users is governed by the selected or assigned song license.
4.5 Private song uploads
Private song uploads are not part of the public song license system. They are intended only for private use in the user's own account and do not grant other users any rights for external use.
4.6 Restrictions
Unless the displayed song license permits otherwise, it is in particular not permitted to sell songs in isolation, sublicense them, rent them out, make them available as a separate music offering, download them in bulk, pass them on in raw form, or commercially exploit them separately from an allowed project. Legal requirements and third-party rights must be observed in all cases.
5. Duties and responsibilities of the user
5.1 Truthful information
The user undertakes to provide complete and truthful information when registering and using the service.
5.2 Careful handling of access data
The user is responsible for the security of their account. Access data must be treated confidentially and protected from access by third parties. If third parties become aware of the access data, the user is obliged to inform the provider without undue delay.
5.3 Compliance with applicable laws
The user is obliged to use the service only in a legally permissible manner and not to carry out any content or actions that violate third-party rights or applicable law.
5.4 Reporting legal violations
If the user becomes aware of unlawful content or misuse of the service, the user must inform the provider without undue delay.
6. Liability
6.1 Free use
Because the service is provided exclusively free of charge, the provider is liable only for intent and gross negligence. For damages resulting from injury to life, body, or health, the provider is also liable in cases of simple negligence.
6.2 Liability in the case of paid use
Because there is no paid use, all rules on liability in the case of paid use do not apply. The limitations of liability stated in section 6.1 apply without restriction.
6.3 Exclusions from liability
The above limitations of liability do not apply to claims under product liability law, in the case of fraudulent concealment of defects, or in the case of the assumption of guarantees.
7. Privacy
7.1 Data collection
The processing of personal data is carried out in accordance with the EU General Data Protection Regulation (GDPR) and other applicable data protection laws.
7.2 Privacy policy
Information on the nature, scope, and purposes of the collection, processing, and use of personal data, as well as on the rights of data subjects, is provided in our separate privacy policy, which can be accessed at any time through our website.
8. Right of withdrawal for consumers
8.1 Free termination
Because our service is provided exclusively free of charge and we do not enter into paid subscriptions with users, there is no statutory right of withdrawal within the meaning of paid distance contracts. Users may end the service at any time free of charge and without stating reasons by deleting their user account or stopping use of the service.
8.2 Digital content
A separate right of withdrawal for digital content is not required because no paid service is provided and therefore the statutory rules on withdrawal rights for paid contracts do not apply.
9. Changes to the Terms of Use
9.1 Announcement of changes
The provider reserves the right to adapt these Terms of Use as needed due to legal, technical, or economic changes. Changes will be communicated to the user in text form before they take effect, for example as a notice window on the website.
9.2 Consent to material changes
Material changes, in particular changes to rights for uploads, song licenses, or external uses of songs, may require active consent from the affected user. In this case, continued use of certain functions, in particular uploads or admin functions, may be made dependent on prior consent.
9.3 Consequences of missing consent
If the user does not consent to a change requiring consent, the previous terms will continue to apply to existing uses where necessary. The provider may restrict access to functions for which the amended terms are required.
10. Final provisions
10.1 Choice of law and place of jurisdiction
The law of the country in which the user has their habitual residence applies, provided that this law contains mandatory consumer protection provisions. Otherwise, the law of the provider's country applies. For disputes with merchants or legal entities under public law, the place of jurisdiction is the provider's registered office, where legally permissible.
10.2 Contract language
The contract language is German.
10.3 Severability clause
If individual provisions of these Terms of Use are or become invalid in whole or in part, the validity of the remaining provisions remains unaffected. The statutory rule will take the place of the invalid provision. The same applies to any regulatory gaps.