Welcome to EagleTunes

By using EagleTunes you agree to these terms
The Terms apply to all users of theEagleTunes platform. “We”, “our” and “us” refer to YourSparkMusic GmbH, “EagleTunes” refers to this platform and the services we offer, including the EagleTunes apps for IOS and Android, the EagleTunes APIs, EagleTunes embeds and other EagleTunes websites.
By using EagleTunes, you agree to these terms, including the Privacy Policy and Community Guidelines
 We collect, use and share information in accordance with these policies. The policies will be reviewed periodically and modified as required by law.

 

Your Account

When you create an account, you must provide us with accurate information in good faith, and you agree to update your information as it changes. To create an account or otherwise useEagleTunes, you must be at least 13 years old as well as old enough to consent to the processing of your personal information in your country (in some countries, we may allow your parent or guardian to do so on your behalf)
You must be at least 18 years old or have permission from your parent(s) or legal guardian(s) tohave a Creator Page (Artist, Label, Venue, Service Provider) onEagleTunes or to purchasean Offer on EagleTunes
 You are responsible for all events and actions once a person is logged into your account and for the security of the account.us immediatelyif you believe your account is being misused. For more information about security, please see our Security Policy

 

Abusive behavior

You are responsible for all activity on your account. If you violate our terms or policies, we may terminate your account. Do not engage in illegal acts, behave abusively towards others, abuse EagleTunes in any technical way. If you are a Creative who earns money on Patreon or similar platforms, we may be exposed to risks because of what you do with those funds. As a result, we also review what you offer outside of our platform. For

more information, please see our Community Guidelines and our Security Policy. These terms and our policies cover most issues. However, if you find a new way to harm EagleTunes or our community, we may take action to prevent it.

 

What you need to know as an Artist

To become an Artist on our platform, simply set up a profile as an Artist to start your membership. When you join EagleTunes, you become part of the Eagltetunes community. You can use the tools we provide for Artists to, among other things, showcase your work, connect with the EagleTunes community, and provide goods and services to fans through our marketplace system
 On EagleTunes you can offer exciting and exclusive content to your fans. In return, you give your fans the opportunity to buy products and offers directly from you and thus support you directly.

 

Payments

As an Artist, you may make Products and Offers available on EagleTunes for your Fans. If supported, we will convert the prices of offers and products into the fan’s local currency based on a currency conversion rate, which may be set at our sole discretion but is reasonable. For more information, click here
We also address payment issues such as fraud or chargebacks, as well as resolving payment disputes where possible. We attempt to provide timely access to funds earned on EagleTunes based on the level and type of EagleTunes service they select. Different levels and types of EagleTunes services may have different processing times before funds are available to them, and/or may require funds to be withheld and unavailable. More information can be found here.
Occasionally, however, there may be further delays in accessing these funds.
 We may also block or temporarily deny access to these funds for violations of our terms or policies, or for compliance reasons; for example, when collecting tax return information. If this happens, we will let you know the reason as soon as possible.If you have any questions about access to blocked or withheld fundsplease contact us at.
 To protect creators, we may block payments from fans if we believe they are fraudulent. Sometimes activities such as refunds to fans and chargebacks from fans can put your account balance in the negative. Charges incurred by you as described below by EagleTunes may not be refunded to you when such refunds and chargebacks are processed. If your account balance is negative as a result of any action, we reserve the right to recover those funds through future payments or to require immediate settlement of the account.

 

Fees

As an Artist, fees are incurred for their offers and products, depending on the membership, on EagleTunes. In the “ArtistHub Membership”, only the current transaction fees of your chosen payment providers (e.g. PayPal or Stripe) apply when transferring money to your account. In the “Vendor Membership” the following applies:

1. 1. The transaction fee is 15% on all successfully processed payments related to Artists’ products and offers, such as albums, EP’s, singles, events excluding transaction fees from third party or intermediary payment providers.

1. 1. The payment processing fee, which is calculated as a percentage of successfully processed payments and as a flat fee per successfully processed payment, and which relates to the cost of processing fan payments, including recurring billing, re-billing of rejected payments, and fraud prevention.

1. 1. The withdrawal fee, which is a charge for transferring money you have earned on EagleTunes to your specified withdrawal method and may vary depending on the specified withdrawal method.

1. 1. The currency conversion fee, calculated as a percentage of successfully processed payments in a currency other than your payout currency.

If a Fan pays in a currency other than that of his or her payment method, the financial institution associated with that payment method may charge a foreign transaction fee for that payment. We do not apply this fee and have no control over or knowledge of whether the fee is applied and do not receive any of the funds from this fee.

Even if a fan pays in the same currency as the currency associated with his or her payment method, the financial institution associated with that payment method may impose a foreign transaction fee for that payment if a fan’s payment is processed in a country other than the country associated with his or her payment method. We do not apply this fee, have no knowledge of whether the fee is imposed, and do not receive any of the funds from this fee, but our choice of payment processing may affect or cause this fee.

 

Restrictions

We do not approve works and offers that violate our terms or policies. For more information, please see our Community Guidelines. These rules can be roughly summarized as saying that we do not approve the following:

1. 1. * Illegal works.
      * Works or offers that are abusive towards other people.
      * Works or offers that are misleading or fraudulent.
      * Works or offers that use the intellectual property of others, unless you have written permission to use them.

We are constantly experimenting with product features to improve EagleTunes, and may add, remove, or test features with a subset of Artists. Access to these features is not guaranteed and may not be under your control. We may enable and disable these early access, beta or test features at our discretion. These features may be subject to additional restrictions and limitations.

 

What you need to know as a fan

In a nutshell: A Fan is a person who has made a purchase on EagleTunes. By making an offer on EagleTunes, Fans can receive products directly from the Artist and interact directly with Artists using the tools we provide and have the ability to connect with a community of Fans and Artists through EagleTunes.

As a fan, you support an artist and may receive special benefits such as exclusive works. You pay on a one-time basis. EagleTunes is the billing site associated with this fee.
To become a fan, you simply purchase a paid offer or product onEagleTunes. Subject to these Terms and the payment in full of all applicable fees, to the extent that the Offer or Product includes access to one or more Artists’ Works, you are granted a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and display such Works for your own private, personal, non-promotional as well as non-commercial use.

You may lose access to listings and products you have purchased if, for example, we terminate your account.

If you are in a jurisdiction where EagleTunes is required to collect taxes, such as sales tax, that tax will be added to the total fee. Except in a few cases, you will see this tax when you purchase a listing or product. EagleTunes will remit any taxes collected to the appropriate taxing authority or Artist for tax settlement. Since taxes are largely dependent on your location, you agree that your location will always be complete and up-to-date to allow for accurate collection of taxes.

If you pay in a currency other than that of your payment method, the financial institution associated with that payment method may charge a foreign transaction fee for that payment. We do not apply this fee and have no control over or knowledge of whether the fee is applied and do not receive any of the funds from this fee.

Even if you pay in the same currency as the currency associated with your payment type, the financial institution associated with that payment type may impose a foreign transaction fee for that payment if the payment is processed in a country other than the country associated with your payment type. We do not apply this fee, have no knowledge of whether the fee is imposed, and do not receive any of the funds from this fee, but our choice of payment processing may affect or cause this fee.

We are constantly experimenting with product features to improve EagleTunes, and may add, remove, or test features with a subset of fans. Access to these features is not guaranteed and may not be under your control. We may enable and disable these early access, beta or test features at our discretion. These features may be subject to additional restrictions and limitations.

Refunds: Our policy is not to issue refunds even if you lose access to offers and products as described above.

Concert Tickets / Events

Eagletunes is not the organizer of the events offered. These are carried out by the respective organizer, who is also the issuer of the tickets. By purchasing the ticket, contractual relationships with regard to the event attendance are established exclusively between the ticket holder and the respective organizer. These legal relationships may be subject to the organizer’s own general terms and conditions. Eagletunes sells the tickets on behalf of the respective event organizer as an agent or commission agent, unless it is expressly designated as the event organizer in individual cases. By ordering tickets, the visitor commissions EAGLETUNES to process the ticket purchase including shipping.

Conclusion of contract – events/concert tickets

1. The offer to conclude a contract is made by the user as soon as he/she has clicked on the so-called “buy button” or the button clearly labeled in accordance with § 312j para. 3 BGB. A contract between the visitor and the respective contractual partner (organizer or Eagletunes) is only concluded when the transaction number / order number / order number is allocated and sent to the visitor by Eagletunes.
2. Unless otherwise agreed at the time of purchase, commercial resale of the admission ticket(s) is not permitted; non-commercial resale is only permitted at a price equal to the printed price of the admission ticket(s) plus proven fees/costs incurred at the time of the original purchase (e.g. postage and shipping costs), up to a maximum of 25% of the printed price. In the event of a breach of the aforementioned condition, the respective organizer has the right to refuse admission to the event without replacement.
3. Eagletunes is entitled to cancel an order of the visitor for which a transaction number / order number / order number has already been assigned (unilateral right of withdrawal) if the visitor violates specific conditions set by the organizer and / or by Eagletunes, which were pointed out during the pre-sale, or tries to circumvent them (e.g. violation of the restriction of ticket sales). e.g. violation of restrictions on the number of tickets per customer, in particular resale bans, attempts to circumvent these by registering and using several user profiles etc.) and / or there are outstanding claims from the previous business relationship with the customer. In particular, neither the use of tickets for commercial advertising and / or marketing purposes (e.g. as prizes for commercial competitions and / or other commercial competitions) nor the resale of tickets in the access and / or entrance area of the event venue covered by the organizer’s domiciliary rights is permitted without the prior written consent of the respective organizer. Cancellation/withdrawal may also be declared implicitly by crediting the amounts paid.
4. The aforementioned right of withdrawal is subject to §§ 346 ff. BGB apply to the aforementioned right of withdrawal to the exclusion of § 350 BGB.
5. In the event of rescheduled events, the organizer is entitled to declare the validity of the original tickets of the rescheduled event for the new, rescheduled date of the event. A return of the tickets to the organizer or a reversal of the ticket purchase as a result of the postponement is not possible in these cases, unless it can be proven that the ticket holder cannot reasonably be expected to attend the rescheduled date. This does not apply if the organizer is responsible for the postponement of the event.
6. In the event that the General Terms and Conditions of the organizer and the General Terms and Conditions of Eagletunes contain contradictory provisions, the General Terms and Conditions of Eagletunes shall take precedence over the specific terms and conditions of the organizer.

Price components & payment modalities for tickets

1. Ticket prices may exceed the printed ticket prices. Payment is possible by credit card (Visa, Mastercard, American Express, Diners or Discover) and PayPal, depending on the event and the order modalities. The statutory value added tax is included in the price. The total price of the order, including all fees, is due for payment immediately upon conclusion of the contract for credit card and PayPal payment methods.
2. When ordering online, service and shipping costs may be charged, which may vary depending on the event. These fees are displayed to the customer in the shopping cart when ordering; there are no other costs that are not shown.
3. Data transmission for credit card transactions with the use of 3D-Secure Due to legal requirements (implementation of the Payment Services Directive “PSD2”) and/or to protect against fraudulent use of credit card data, the so-called 3D-Secure procedure can be used. In this process, browser data, credit card data, address data (billing address, email address) and the transaction amount with currency are transmitted to the card-issuing institution via the credit card organizations. This data is used by the card-issuing institution to determine the fraud risk of the transaction; depending on the amount and the result of the credit institution’s check, additional approval of the credit card transaction may be required, e.g. via TAN or app.

Right to cancel tickets

There is no right of withdrawal for consumers or the right of withdrawal for consumers may expire prematurely for the following contracts:

1. Contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transportation of goods, vehicle rental, delivery of food and beverages and for the provision of other services in connection with leisure activities, if the contract provides for a specific date or period for the provision (§ 312g para. 2 sentence 1 no. 9 BGB Germany). This means that if Eagletunes offers services in the area of leisure activities, in particular tickets for events, there is no right of withdrawal. Each order of tickets is binding immediately after confirmation according to section III. 1. by Eagletunes and obliges to accept and pay for the ordered tickets.
2. Contracts for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery (§ 312g para. 2 sentence 1 no. 6 BGB Germany).

Retention of title; offsetting; right of retention when purchasing tickets

1. In the case of a user, Eagletunes retains title to the purchased item until the invoice amount has been paid in full. In the case of personalized tickets, the transfer of the claim arising from the ticket is subject to the condition of full payment of the invoice amount. The corresponding security rights are transferable to third parties.
2. If the customer is an entrepreneur in the exercise of his commercial or independent professional activity, a legal entity under public law or a special fund under public law, Eagletunes reserves the title to the purchased item until all outstanding claims from the business relationship with the customer have been settled. In the case of personalized tickets, the transfer of the claim resulting from the ticket is subject to the condition of settlement of all outstanding claims from the business relationship with the user. The corresponding security rights are transferable to third parties.
3. The user is only entitled to set-off if his counterclaims have been legally established or are undisputed or recognized by Eagletunes. Furthermore, the user has a right of retention only if and insofar as his counterclaim is based on the same contractual relationship.
4. If the user is in default with any payment obligations towards Eagletunes, all existing claims become due immediately.

 

Account deletion

You can permanently delete your account at any time via your profile setting.

We may delete or suspend your account at any time at our sole discretion. We may also remove descriptions, posts, offers or products at our sole discretion. You may not bring a claim against us for the suspension or termination of another person’s account, and you agree that you will not bring any claim in this regard. If you attempt to make such a claim, you will be responsible for any damages and costs caused, including our legal fees and costs. These Terms will remain in effect even if you no longer have an account with us.

 

Your Works

In a nutshell: Artists retain full ownership of their works and fans retain full ownership of what they post on EagleTunes, but they grant us permission to use them as part of EagleTunes’ services. Make sure you are authorized to publish the particular works you make available on EagleTunes.

 Artists retain full ownership of their works and fans retain full ownership of what they post on EagleTunes. However, we require licenses from you for this material in order for EagleTunes services to function efficiently. By making works available or otherwise posting on EagleTunes, you grant us aroyalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to your works or what you post in all formats and channels now known or later developed anywhere in the world, to use, copy, reproduce, store, translate, transmit, distribute, perform, prepare derivative works of, publicly display, and display in connection with names, usernames, voices, or images provided in connection therewith. If your works contain personally identifiable information, under the scope of this License, you also acknowledge EagleTunes’ “legitimate interest” therein.

That sounds like a lot, but it’s important for us to run our services, including hosting works, providing and promoting memberships to your fans, and enabling community features like post comments. For clarity, you retain full ownership of your Works and what you post on EagleTunes. We do not purchase or lease your intellectual property rights from you for our purposes. At no time do we seek to steal your works, use them in an exploitative manner, or profit from them in any way other than by providing you with listings that you have set up on EagleTunes.

You agree not to provide works or otherwise post on EagleTunes that infringe the intellectual property or proprietary rights of others. EagleTunes reserves the right to remove works and other materials that violate EagleTunes’ terms and policies, including these Terms of Use and the Community Guidelines
 We respond to compliant notices of alleged copyright infringement and have developed and reasonably implemented a policy for terminating the accounts of Artists and Fans who are the subject of repeated compliant notices of alleged copyright infringement, or other evidence indicating a pattern of repeated infringement.

Fans may not use works in ways unauthorized by the artists who published them, including sharing those works with others who did not purchase the service or product through which those works were made available.

 

EagleTune’s works

You agree that any bug reports or suggestions for improvement that you provide to EagleTunes are entirely the property of EagleTunes. Artists may use our copyrights or trademarks to promote their Artist Sites, but they may not be used for any other purpose without our permission.

 

Indemnification

Briefly: You must pay the costs if a claim is made against us based on your use of or conduct on EagleTunes.

You indemnify us against all losses, costs and liabilities, including legal costs, arising out of these Terms or relating to your use of EagleTunes. We reserve the right of exclusive control with respect to the defense of any claim covered by this clause. If we exercise this right, you will assist us in our defense. Your obligation to indemnify us under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.

 

Disclaimer of Warranty In a

In A Nutshell: We make every effort to ensure that EagleTunes performs according to expectations, but something can always happen.

EagleTunes is provided “as is” and without warranty of any kind. Any warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranties, express or implied, are disclaimed and disallowed to the fullest extent permitted by law. The warranty exclusions under this clause also apply to our subsidiaries, affiliates and third-party service providers.

 

Limitation of liability

 In a nutshell: If you lose money as a result of using EagleTunes, any payment to you will be limited to the amount of money we have collected through your use of Patreon or similar entities.

To the extent permitted by law, we will not be liable to you for any incidental, consequential or punitive damages arising out of these Terms or your use or attempted use of EagleTunes. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned from your use of EagleTunes. In particular, we will not be liable for any losses in connection with any unprovided Offerings and Products or for any losses caused by conflicting contractual arrangements. In this clause, “we” and “our” includes our subsidiaries, affiliates, officers, directors, employees, agents and third-party service providers.

 

Settlement of disputes

In a nutshell: If you have a problem, please contact us. All disputes with us are to be settled in Berlin according to European law.
The European Commission provides an online dispute resolution (OS) platform:
ec.europa.
eu We encourage you to contact us if you have a problem. If a dispute arises out of these Terms or in connection with your use of EagleTunes, the dispute will be resolved by the courts of the State of Berlin or the Federal Republic of Germany. To resolve such disputes, both parties consent to the exclusive jurisdiction and venue of the courts located in Berlin.

 

Miscellaneous

Briefly: These terms represent the final form of EagleTunes’ policies and we will notify you in the event of any material changes.

These Terms and any policies referenced constitute the entire agreement between you and us, supersede any prior agreements, and do not create any partnership, joint venture, employee-employer, or franchisor-franchisee relationship between you and us. If any provision of these Terms is held to be unenforceable, that provision will be modified to the extent necessary to enforce it. If any provision cannot be modified to make it enforceable, it will be severed from these Terms and all other provisions will remain in effect. If either party is unable to enforce any right provided for in these Terms, it does not waive its ability to enforce any other right in the future.

We may change these Terms from time to time. If we make a change to these Terms that is material in our sole discretion, we will notify you before the changes take effect. Your continued use of EagleTunes after a change means that you accept the new terms or policies.

If you sign up to receive text messages from us, you consent to receive recurring automated promotional and personalized marketing text messages (e.g., SMS, MMS, or WhatsApp) from us, including text messages that may be sent via an automatic telephone dialing system to the cell phone number you provided during registration or any other number you provided. Consent to receive automated marketing text messages is not a condition of purchase. Text message and data traffic charges may apply. The frequency of messages may vary. We reserve the right to change the frequency of messages sent at any time to increase or decrease the total number of messages sent. We also reserve the right to change the speed dial number or phone number from which messages are sent. Not all mobile devices or phones may be supported and our messages may not be available in all areas. We, our service providers, and the mobile carriers supported by the Program are not liable for late or undelivered messages.