Terms of Use:             

RIGHTS TO MATERIALS:

-This website is only for promotional purpose.

-You declare that every Song / Track / Mix you publish in the Playlist on bigupmusic.com has been created by YOU, and is your own intellectual property.

-You declare that every Song / Track / Mix posted by YOU on bigupmusic.com is only for promotional purpose, and is not for commercial use inside bigupmusic.com.

-You represent and warrant that all song materials do not contain samples or excerpts from others that may be recognized as copyright infringement. Any subsequent loss to the rights of materials will require us to remove these linked materials from our Website immediately. Any disputes to these rights of materials will be handled by the parties involved directly.

-Linking content is subject to the user's agreement with the provider. Artists that acknowledge the "Terms of Use" on the platform may link content which is appropriate in their opinion. This content is generally approved by the provider prior to publication. The provider reserves the right to refuse publication of content without stating a reason, or to remove content from the platform.

-At times of heavy data traffic, the provider may only check a sample of the uploaded content. The provider therefore cannot accept responsibility for the correctness, completeness, relevance or legality of the content. Any user who deems published content to be objectionable or illegal may report it to the provider. The provider will then check and delete the content as appropriate.

-The provider states his willingness to publish content uploaded by users on the platform in accordance with the provisions of the present Agreement and have it promoted by the Big Up Music Community and the platform's various channels.

-When registering as a nonmember of a recording industry or royalty collection organization (GEMA, RIAA, ASCAP, BMI, SACEM, BUMRA, STEMRA, etc.) no rights to the uploaded material may be held by any such organization.

(1) What may be linked?

Users may only link content for which they hold all rights – especially copyrights – or for which they can produce a prior written permission by all holders of rights to the work. This is not a problem in the case of content created by users. Artists with recording contracts, however, generally transfer their rights to the recorded material to the record company and therefore may NOT distribute their music on the platform. As a rule, such artists must obtain permission from their record companies first. Users who are members of recording industry or copyright watchdog organizations must observe the specific terms and conditions of the relevant organization.

(2) Cover versions

Cover versions of songs by other artists may not be published.

(3) Remixes

Remixes using original music or original lyrics may not be published on the platform. Exceptions are subject to the prior written permission of all rights holders. Such authorization must be submitted to the provider before linking the content. In cases of attempted misrepresentation (e.g. if a user attempts to take credit for a song by a different artist) or lack of clarity with regard to ownership of rights, the provider reserves the right to delete or temporarily disable titles. The titles or account may be re-enabled once the situation has been clarified and/or a suitable release has been submitted. Users herewith agree to bear all costs incurred or royalty payments that become due as a result of the misrepresentation. Any further liability claims by the provider, especially with regard to damages, remain unaffected.

(4) Use of samples

Copyright law does not permit any exceptions in this regard. The frequently-heard rumor that copyright law condones the use of 6-second samples of copyrighted material without the permission of the author/composer is legally baseless. The above provisions under (3) shall apply correspondingly.

(5) Data comparison with royalty collection organizations

Registered Big Up Music artists authorize Big Up Music to compare their user data to the member databases of the GEMA or other royalty collection organizations. This is necessary to ensure that incorrect information with regard to membership in such organizations can be identified and corrected promptly by the provider. The provider deems the provision of incorrect information with regard to membership in such an organization as grounds for immediate exclusion of the artist from the platform. The affected artist agrees to bear all costs incurred in such cases. Any further liability claims by the provider remain unaffected.

(6) Liability

The provider assumes no liability for damages arising from the publication of content which has not been released by the copyright holder or which is protected against free access. The artist bears the sole responsibility and assumes liability for such infringements.