valid from: 01.10.2021
Bouncy is a platform where you can support artists, get access to exclusive digital content (“Content“) of the artists, and get in touch with artists directly.
Bouncy is made available to you (“User“, “you”) and artists (“Artist”, “you”) by us, Bouncy Music GmbH, (“Bouncy“, “we”). Currently, this is done via an app (“Bouncy App”) and a website (“Bouncy Website“).
We want Bouncy to be an enjoyable and safe experience for Users and Artists. We have established that describe the behaviour and content we do not tolerate on Bouncy. The Community Guidelines are in addition to the Bouncy Terms of Service.
We review compliance with the Community Guidelines when we are made aware of a possible violation, and occasionally we review content without specific cause. If we determine a violation of the Community Guidelines, we reserve the right to issue warnings, or to temporarily block Users, Artists or Content (Clause 12) or to delete it entirely (Clause 19).
If you notice a possible violation of the Community Guidelines, or you otherwise feel adversely affected by any behaviour or Content, you can report it here.
We may amend the Community Guidelines from time to time, for example to reflect developments in content or changing User behaviour. The procedure set out in Clause 23 applies in this regard.
When registering and using Bouncy, we process your personal data, e.g. to enable personalized functions of Bouncy or to allow you to purchase paid content. In doing so, we comply with the applicable legal requirements, in particular the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). You can find more details on the handling of your data in our ..
You must sign in to Bouncy and create an account to use all of Bouncy’s features. To set up the account, use the Bouncy App or the Bouncy Website. Depending on whether you want to set up an account as a User or an Artist, we ask for different data and some different rules apply.
Before submitting your offer, you can also take note of the data protection information (Clause 3), a confirmation is not required. If you cancel the registration process, the data entered will be discarded by your browser and not sent to us; and if such data has already been sent, it will be discarded.
We are free to accept or reject an offer at our own discretion. We may declare acceptance of the offer by e-mail, or tacitly, for example by sending you the access data (Clause 9) or by otherwise making functions and areas of Bouncy accessible to you which are reserved for registered Users or Artists.
If we reject the offer or remain silent on the offer without declaring acceptance in any other way, the Contract shall not be concluded.
5.1 You must be at least 12 years old at the time of registration. For all Users who have not yet reached the age of 18 at the time of registration (“Underage Users“), the regulations in Clause 6 also apply.
5.2 In the event of unclear information, we may contact you and, if necessary, request further information before deciding whether to accept or reject the offer to conclude the contract of use. However, we are not obliged to do so. You may also contact our support.
5.3 You must provide complete and accurate information and notify us promptly of any changes. Incorrect or outdated data can lead to delays, service restrictions or other limitations of Bouncy. If we incur costs due to incorrect or outdated data culpably caused by you, e.g. for an address investigation or return debit note, these will be borne by you. We can also block your access to Bouncy until a correction is made if information that is essential for the proper provision of Bouncy, e.g. if data on a payment method turns out to be incorrect, or, depending on the circumstances of the individual case, terminate the contract for the use of Bouncy without notice. In the case of both suspensions and terminations for which you are responsible, you are not entitled to compensation. Clause 12 applies accordingly.
5.4 Bouncy is basically free for Users but allows access to paid Content and special features fpr a payment. With the help of Bouncy, you can, for example, support Artists financially or get access to special content. This way you become a “Fan“.
Your payments are processed by a payment service provider contracted by us, which enables you to make payments to the Artists you have selected on Bouncy. If you are asked for data on a payment method in the course of registration this payment service provider collects the information directly, i.e. we do not store this data. The payment service provider decides at its own discretion which payment method it offers at the time of setup. The payment service provider may also perform a credit check or risk assessment, or request to update or change a means of payment in the course of using Bouncy, e.g. if a credit card expires or is blocked.
5.5 When you initiate payments to an Artist through Bouncy, a contract is formed between you and the Artist for the services promised by the Artist, or, in the case of payments made without counter-lines, you agree to make such payments.
Payments initiated via Bouncy are generally made immediately. If you have initiated a recurring payment, e.g. a monthly grant, you can generally terminate this at any time. However, this does not apply if the plan for the recurring payment provided by the Artist stipulates a minimum amount to be reached and/or a minimum number of instalments and/or a minimum term (cf. Clause 15). In this case, a termination can only take place when the required minimum amounts have been reached or, if applicable, have been paid all at once. The Artist alone shall decide on exceptions.
We do not interfere in your relationship with the Artist beyond the processing of the payment. It is the Artist’s responsibility to provide the promised services, e.g. certain content. If you are not satisfied with the Artist’s Content or if promised Content is not provided or is not provided in a timely manner, a dispute regarding this matter shall be conducted directly between you and the Artist. Your claims or the claims of the Artist are not affected by the fact that a payment method is removed by Bouncy or blocked for use by the User.
Bouncy has no access to the account of an Artist. A refund of amounts via Bouncy is therefore generally not possible. Only in very exceptional cases can a refund be made if amounts cannot be paid out to the Artist and are still with the payment service commissioned by Bouncy, for example if the Artist’s account has been blocked. In all other cases, it is up to you to assert claims against an Artist directly against the Artist. In doing so, you are free to make use of the possibilities provided by the respective means of payment for chargebacks.
5.6 The use of Content made available through Bouncy is generally only possible as long as you have an account with Bouncy and is therefore limited in time to the duration of your account with Bouncy. If the account is deleted, there is permanently no access to the Content. This does not affect any agreements that an Artist makes directly with you or all of its Users with respect to Content, such as the Artist making Content available in other ways.
6.1 Bouncy’s youth protection requirements apply to both Users and Artists who wish to provide content on Bouncy.
6.2 We reserve the right to verify age information provided by Users or Artists with an age verification system. If we come to the conclusion that the information was incorrect, especially if someone falsely claimed to be over 18 years old, we reserve the right to cancel the respective registration or, if a User or Artist account has already been set up, to block it and to terminate the contract for the use of Bouncy without notice. Clause 19 applies accordingly, also for Artists. For Agencies, Clause 7.3 also applies.
6.3 We would like to point out that the payment service provider commissioned by us may, at its discretion, limit the means of payment offered to underage Users or limit the amount that minors can dispose of with a means of payment. The payment service provider may also decide, at its discretion, not to offer a payment instrument to a minor at all. In this case, the paid features of Bouncy cannot be used. There is no claim against us for the provision of a payment option or for the provision of paid content.
6.4 We reserve the right to restrict access to content by Users under the age of 18 if the content in question has been determined to be unsuitable for the age group of the underage User.
6.5 We reserve the right to take further measures to ensure the protection of minors and the protection of minors in the case of underage Users, in particular access restrictions. These measures may change over time, as they are based on the legal or official regulations currently applicable to the respective media (e.g. music titles, texts, videos, live). If there are no such regulations under public law for a particular medium, we follow the current regulations or recommendations published by relevant industry associations, e.g. on the age classification of videos or music titles.
6.6 In our Community Rules, we may include additional requirements for the protection of minors.
7.1 By registering as an Artist, you affirm that you are creating your account in the exercise of an activity as an entrepreneur within the meaning of § 14 BGB and not as a consumer. We would like to point out that freelance activities such as those as an Artist legally also count as “entrepreneur”. An Artist must be at least 18 years old at the time of registration.
7.2 For a registration as an Artist, Clauses 5.2 and 5.3 apply accordingly. In addition, we need some information, e.g. about the Content you would like to post. We also reserve the right to contact you after sending the registration before we accept your offer.
An agency is liable for the persons employed or commissioned by it or third parties who create or manage the Artist account or post content. “Third party” in this case also includes the Artist represented by the Agency itself, to the extent that the Artist uses the account created by the Agency with Bouncy. The Agency shall be liable for any Content posted by the Agency, or any third party engaged by the Agency, including the Artist.
The Agency is also liable for being authorized to represent the Artist. We reserve the right to demand corresponding proof. If the Agency represents an underage Artist, the proof must be provided without being asked and must include a comprehensive declaration of consent from the legal guardian(s) for the Agency to represent the Artist in all matters concerning Bouncy and the Content.
7.4 The payment service provider commissioned by us asks for bank details during registration. In doing so, the payment service provider decides at its own discretion whether and which risk assessment measures will be carried out, or whether a case exists in which legally or officially required information must be obtained, or whether measures such as identification in accordance with the Money Laundering Act or the identification of a beneficial owner will be carried out. The payment service provider may also require that a separate contract for payment services be concluded directly between the Artist or agency and the payment service provider. This contractual relationship is independent of the contract with us. We do not store the data requested by the payment service provider or the documents that you send to the payment service provider.
If the payment service provider is not prepared to forward incoming payments to the Artist or the Agency or to conclude a payment services contract, and if the payment service provider’s reservations cannot be resolved even after consultation with us, we cannot set up an account as Artist. In this case, the application shall be deemed to be rejected or the application shall lapse.
7.5 We may, at our discretion, provide Artists with a contact person to assist with the setup and use of Bouncy. This support is currently covered by the regular fees you pay as an Artist for Bouncy. We reserve the right to offer the effort for support as a separately payable service in the future.
7.6 When you accept payments from Fans through Bouncy, a contract is formed between you and the Fan in which either the Fan agrees to make a payment for your benefit without consideration or the Fan makes the payment in exchange for services previously promised by you, such as providing Content through Bouncy.
It is your responsibility to provide the promised services, e.g. certain Content, on time, in full and with the promised regularity. Fans can claim deficiencies directly against you, and we will refer Fans to you accordingly. You must conduct any disputes, if necessary, with Fans in your own name and for your own account, even if a Fan initiates a chargeback or returns a direct debit charge.
7.7 For details on payments to Artists, please see Clauses 15 and 16. As the owner of an Artist account, you are responsible for protecting the personal information you learn about Users through Bouncy. For information on what personal data you may learn through Bouncy, please see our We refer to the obligation according to Art. 13 and 14 DSGVO to inform the data subjects.
7.8 The account set up for you as an Artist or Agency of an Artist is bound to the personal creative performance of the respective Artist and cannot be sold to third parties or transferred to other Artists for their use. The exchange of an Agency by the Artist is possible. Please contact us, which documents we need to initiate the process.
7.9 As an Artist, you are required to classify each Content that is to be made available via Bouncy based on the classification criteria commonly used for the protection of minors for the respective media (e.g. music, lyrics, videos) (see Clause 6).
We reserve the right to technically check whether Content that is intended to be accessible to underage Users has been classified before it is made available. If this is not the case, the Content will only be made available to Users who are at least 18 years old. We also reserve the right to carry out a conclusiveness check as to whether the Content has been classified in an appropriate level. The standards according to Clauses 6.5 and 6.6 apply.
If we determine that an Artist repeatedly posts Content in violation of the classification criteria, or if we receive justified complaints about an Artist’s content, we reserve the right to make any Content of the Artist generally and permanently accessible only to Users who are at least 18 years old (Clause 12).
7.10 Without prejudice to the protection of minors, we are not obliged to allow only a certain person or group of persons to support you or to purchase your Content or to exclude other persons or groups of persons from using or purchasing it. However, we reserve the right to provide Bouncy in the future with the possibility that Content is offered only to certain geolocations or area(s) or by other limitation criteria such as certain User groups (e.g. Users of legal age), which both you as an Artist or Agency and, in justified cases, we, e.g. in order to ensure the protection of minors or to avoid a possible infringement of third party rights, can determine.
7.11 By registering as an Artist, you grant us, for the term of the Agreement, the transferable and sublicensable worldwide right, without additional compensation, to use the Artist’s name, likeness, logo and the like on our website, on Bouncy, on our and Bouncy’s social media profiles and any other promotional materials used by us for Bouncy, solely for the purpose of promoting Bouncy and the Artist’s prominence on Bouncy. If the registration is conducted by an Agency, the Agency must procure these rights for us. If you have already assigned your rights in this respect to a third party that is not your Agency as per this Contract, it is your responsibility to procure these rights for us. In the event of a breach of this obligation, we shall be indemnified against claims by third parties; Clause 11 shall apply accordingly.
8.1 If a User who is a consumer wishes to purchase Content via Bouncy or otherwise make use of services that are subject to a charge, he or she is generally entitled to a right of revocation. Further information on the right of revocation can be found in the . As an exception, the right of revocation does not exist if it expires prematurely at the request of the User. The User will be comprehensively informed about the possibility of expiry.
8.2 In this context, we are vicarious agents of the Artist who take over the technical provision of the Content, and also accept revocation statements. With the registration as an Artist, the Artist authorizes us to handle the right of revocation for the Artist and to provide both the revocation instruction, to process revocations and to obtain waivers from the Users.
9.1 Upon acceptance of the contract offer, we will send you a welcome email.
9.2 You are obligated to keep the access data assigned by you, in particular the password assigned by you, secret. They must not become known to unauthorised third parties. If you give a third party access to your account, you are responsible to us and to the payment service provider commissioned by us for all actions that this third party carries out with your account.
This also applies if the account was set up by an Agency or which you, as an Artist, later have managed by an Agency. The Agency must take its own internal measures to protect the password so that only persons authorised by the Agency have access.
9.3 You must notify us immediately if you have reason to believe that your password has been compromised or otherwise accessed without authorization.
9.4 You shall be liable in relation to us for all damages incurred by us as a result of a breach of your obligations under Clauses 9.1 to 9.3 for which you are responsible, including any recourse claims by third parties. This shall not apply insofar as a third party has claims that go beyond the claims to which it is legally entitled, such as contractual penalties agreed with us.
9.5 We may block your access to Bouncy without you being entitled to any claims against us if we have reasonable grounds to believe that you are in breach of Clauses 9.1 to 9.3 or that your account is otherwise being accessed without authorisation. Clause 12 applies accordingly.
10.1 Any content that a User posts on Bouncy, in particular communication content, must not infringe the rights of third parties. If this is not the case, Clause 11 applies. For Artists, the following Clauses 10.2 to 10.5 apply.
10.3 Content that an Artist or an Agency posts must be free of third-party rights that prevent its use on Bouncy and by the Users. This also applies to any obligation to pay copyright fees to a colleting society, these are, insofar as they are incurred, taken into account in the User fees for Artists. Should a collecting society nevertheless raise claims for content, we can deduct these costs from the payments made to the Artist. If a third party asserts such claims against Bouncy, this shall be deemed to be a case of Clause 11 in favour of Bouncy as the party entitled to indemnification.
10.4 By placing Content on Bouncy, you grant us an , worldwide right, limited in time to the term of the Agreement, free of charge to us and sublicensable by us, to store the Content, to copy it for the purposes specified by you in the course of using the account, to distribute it, to perform it, to perform it publicly or limited to the circle of Users, such as the User groups specified by you, or, depending on the settings made by you, to convert it into various resolutions and then to offer it to the Users. Our use is limited to operating Bouncy and making available to Users the Content intended for them.
In doing so, we make use of standard market techniques. We are not obliged to encode the Content or to introduce a so-called digital rights management system (DRM). If the rights to the Content are held by third parties, the Artist must ensure that these rights are granted to us. Otherwise, the use of Bouncy by the Artist with that Content and in particular the provision of that Content as paid Content is not possible.
10.5 As far as in the course of the use of Bouncy by the Artist contributions and contents are published by the Artist on Bouncy, no matter whether these are generally or only accessible to a certain circle of Users (“contributions“) the rights are entitled to us. The Artist grants us an exclusive and irrevocable license to use these Contributions for all currently known and unknown uses. The right of use is unrestricted in terms of content, time and place, freely transferable, sub-licensable, and includes the right to rent, perform, publish, reproduce, translate or otherwise exploit or edit the Contributions in any way. This includes the right not to exercise the rights granted to the contributions. The granting of rights is compensated with the remuneration that the Artist receives from us, it is calculated into the fees.
10.6 If the rights to the Content or contributions to the Content are held by third parties, the Artist must ensure that these rights are granted to us. Otherwise, the use of Bouncy by the Artist and in particular the provision of paid Content is not possible.
11.1 The Parties shall at all times use Bouncy and perform the Agreement in a manner that does not infringe the intellectual property rights and copyrights of any third party (“Proprietary Rights“).
In conclusion, the following applies to Users:
We have the right to block and delete any Content that the User uses or creates while using Bouncy, including the content of communication with Artists, for example, should we be informed that the content in question is infringing. There is no right to have certain content on Bouncy. In addition, we reserve the right to claim damages to which we are entitled within the framework of the statutory provisions.
For Artists and agencies the following Clauses 11.2 to 11.7 apply.
11.2 In the event that a third party asserts a claim for infringement of proprietary rights against a party (We or Artist/Agency) for an infringement of its rights by a use of Bouncy, an activity or performance or Content provided or performed under the Agreement (each, for purposes of this Clause 11, referred to as the “Indemnified Object“), and if the (alleged) infringement is attributable to the other party’s (for purposes of this Clause 11, referred to as the “Indemnifying Party“) sphere of influence, the Indemnifying Party will defend the other party (for purposes of this Section 11, referred to as the “Indemnified Party“) against the (alleged claim). and indemnify it in full against all claims of the third party, if any. The indemnity shall also include the necessary legal fees incurred by the indemnified party in this connection.
11.3 The Indemnifying Party shall be obliged, at its own discretion and expense, to acquire the rights of use to the third party’s property rights necessary for the continued provision of the Indemnified Object, to modify the affected parts of the Indemnified Object or to replace them with a similar function, or to make a different combination in order to avoid future infringements. If this is not, acting in good faith, economically feasible, it is entitled to discontinue the corresponding function, service, or use or possibility of use, and to delete Content.
11.4 The Indemnified Party will not acknowledge any alleged infringement by third parties. If the Indemnified Party decides to discontinue use of the portion of the Indemnified Object affected by the alleged infringement or the Indemnified Object as a whole, for example to minimize potential claims for damages or for other precautionary reasons, the Indemnified Party will inform the third party that discontinuation of use does not imply acknowledgement of the alleged infringement.
11.5 The indemnified party must comply with the following obligations in connection with even an alleged infringement of third party rights:
11.6 The obligation to indemnify shall not apply insofar as the infringement is the responsibility of the Indemnified Party. This shall be presumed in particular in the following cases;
11.7 The provisions of this Clause 11 shall be conclusive in the event of an alleged or actual infringement of third party rights in the Indemnified Objects, unless the Indemnifying Party acted intentionally or fraudulently, in which case the statutory provisions shall apply.
Please refer to the .
12.2 We reserve the right to review Content and the content of communication channels provided by Bouncy, such as the chat function, to determine whether our Community Guidelines are being adhered to. If we receive reports from Users or third parties about possible violations of the Community Guidelines or of legal or regulatory requirements, we will investigate them. These investigations may take some time. We usually work with the affected parties to resolve any possible violations and allow them to continue using Bouncy.
As a rule, we will give you the opportunity to update, correct or resubmit the information and thereby obtain activation again before we finally delete your account. This does not apply if the violation is so serious that we are obliged for legal reasons to terminate the contractual relationship with you immediately.
12.4 The blocking of chat posts, chats, Content or a termination of accounts is not a measure that we want to handle lightly, and we want to make use of this possibility as rarely as possible. Depending on the circumstances, we can then also decide to terminate the entire Contract for cause without notice, and to delete the Content deposited with us.
13.1 We do not assume any warranty for the Content of an Artist’s content or for compliance with the Artist’s obligations to provide Content, for example, at certain times or at certain intervals. The warranty is limited exclusively to the technically correct provision of the Content posted by the Artist in accordance with the Artist’s specifications, taking into account the protection of minors (Clause 6).
Support and service requests concerning content are to be directed to the respective Artist as the responsible provider, cf. Clause 5.5. We will forward corresponding requests. Support and service requests concerning functions of Bouncy can be directed to us. The contact details can be found .
13.2 In the case of services provided by Bouncy free of charge, the warranty is excluded unless the defect and any resulting damage were caused by us intentionally, maliciously or through gross negligence. In case of chargeable services, our warranty is limited to the restoration of the function or, where this is possible, the repetition of the service.
13.3 We make reasonable efforts to provide that Bouncy works according to the expectations of Users and Artists, but something can always happen. Bouncy is generally available around the clock, but we cannot guarantee uninterrupted availability, in particular no minimum availability is owed. Restrictions of the availability can result in particular
a) planned maintenance work. We make every effort to provide advance notice of such planned maintenance in text form (e.g. email). This may also be in the form of a message on Bouncy when you log in there. During the mentioned periods, Bouncy may be completely or partially unavailable. In particular, Artists are advised to upload content to Bouncy only outside of the time windows of scheduled maintenance. We strive to schedule scheduled maintenance outside of periods of heavy use whenever possible.
b) Unplanned maintenance. If urgent measures are required to ensure the secure, lawful and continuous operation of Bouncy, such as critical bug fixes or security-relevant updates, maintenance work may also be announced at very short notice or not at all, and, depending on the urgency, may also be carried out during periods of intensive use of Bouncy.
c) a limited availability of Bouncy on the end device that the User or Artist uses, e.g. smartphone. We cannot influence which device is used to access Bouncy;
d) Failures of Bouncy caused by circumstances beyond our control. In addition to cases of force majeure, we are not responsible for impairments of access to Bouncy that are due to malfunctions and/or failures of technical systems and/or network components outside our own network, in particular line disruptions or failures at telecommunications providers;
f) Non-provision of content by Artists, or defective content. Claims in this regard are to be asserted by the User against the Artists.
14.1 “Bouncy” and the logos and designs we use are protected by copyright and, where applicable, trademark and design rights. Likewise, parts of Bouncy, in particular the code of Bouncy, may constitute trade or business secrets.
14.2 As an Artist, we grant you the right, for the duration of your Contract with us, to use any logos, designs, text or code that we designate for inclusion on your website. The exact use of logos and other design features may in the future be governed and specified in separate branding guides . We also reserve the right to adjust how your website is connected to Bouncy, such as by updating code or interfaces.
14.3 If the Artist account is operated by an Agency, the granting of rights applies to the Agency with the proviso that they may only be used in connection with the represented Artist, e.g. on their website.
14.4 Any other use of our logos, designs, marks or texts is not permitted. The reproduction, distribution, performance, public exhibition, adaptation or creation of derivative works are not permitted unless we give our written permission.
14.5 The granting of the right of use is subject to the resolutory condition that the Artist or his/her agency pays all fees punctually and in full as a rule. If this is repeatedly not the case, we may revoke the rights of use. Clauses 12 and 19 apply accordingly.
15.1 As a User, you can become a “Fan” of an Artist. As a Fan you can get access to special content of the Artist, e.g. exclusive music titles, videos, invitations to events. In addition, you have the possibility to contact the Artist directly via Bouncy’s message function. You can become a Fan of as many Artists as you like. Only the respective Artist decides whether the Artist accepts Fans free of charge or only after payment of a one-time promotion fee or after conclusion of a subscription.
15.2 As a Fan, you can send the Artist you have selected a one-off amount (“Sponsorship Fee“) or recurring amounts at regular intervals (“Subscription“). The payment service provider commissioned by us will collect the respective amounts from the User once or at the appropriate time intervals. In the case of Sponsorship Fees and Subscriptions, the Artist is not obliged to provide any service in return, e.g. the provision of Content.
The amounts offered on the Bouncy Platform for funding Sponsorship Fees as well as the intervals for Subscriptions (e.g. weekly, monthly), terms (e.g. fixed period, fixed number of payments, unlimited with minimum term and notice period) are based on the Artists’ specifications and User demand. They will be displayed again in the course of payment. We reserve the right to set certain fixed specifications for intervals and funding amounts.
15.3 We expressly point out that we or the payment service provider cannot issue a “donation receipt” or similar.
15.4 In the case of Fans which are minors, we or our appointed payment service provider may provide that certain limits apply to the amounts payable each month.
15.5 Please note that the content of the Content may vary and that we have only limited control over the quality and specific offers of the Artists. We make every effort to filter out fraudulent offers and ensure the protection of minors (Clause 6), but cannot guarantee the identity of Artists or the validity of their statements. You are welcome to report Artists to us about whom you have concerns or find repeated deficiencies.
15.6 For your protection, we reserve the right, and the payment service provider we use reserves the right, to refuse to process payments where there is reason to believe that they are made in connection with fraud or otherwise in connection with a criminal offence, such as money laundering.
16.1 As an Artist, you can place paid Content on Bouncy. If a User wants to access this Content, he or she pays the respective remuneration set by you via the payment service provider commissioned by us. If the User wants to become a Fan, the User pays a one-time or periodically payable amount via the payment service provider commissioned by us, the amount of which is determined by you as the Artist. In return, the User receives “Fan” status and access to your Fan content via Bouncy. You may provide that access is available for as long as the fan is logged into Bouncy, or provide for time limits that may be renewed or extended in exchange for additional or recurring payments. You may also provide that Content is only made available to fans who have subscribed.
We reserve the right to provide for procedures according to which access to the Content is reserved for certain User groups only (e.g. all paying Users, subscribers only, only if funding contributions greater than X are paid, or other criteria for the qualification of Users), that even within these groups only limited use can take place (e.g. one-time, X-fold, limited to a certain calendar period), or that use is restricted to regions (e.g. limited to paying Users in a certain area).
We reserve the right to specify different price options or price scales for the amounts. Depending on the expansion of Bouncy, these can be binding, or be adopted as a default / recommendation.
In any event, the ability to access ends when a termination by the User becomes effective or the User is otherwise no longer able to access Bouncy.
16.2 You are not obligated to offer a User access to paid Content.
16.3 Our contracted payment processor will handle the collection of funds, payment issues such as chargebacks or fraud, or the resolution of any other payment disputes. We make every effort to provide the Artist with timely access to the funds collected, but occasionally there may be delays in access.
16.4 A fan can stop recurring payments at any time unless you have specified otherwise. Exceptions to defaults are up to you, but you should always consider how to handle exceptions. We are not obligated to design Bouncy so that you can process all individual agreements through Bouncy.
16.6 Clause 15.6 shall apply mutatis mutandis with the proviso that it concerns payments to Artists.
16.7 Should there be a refund of payments to Users, this will be debited to the billing account of the respective Artist. Should the balance become negative as a result, we reserve the right to offset these funds against future incoming payments or to demand a compensation payment from the Artist.
17.1 Bouncy is basically free of charge for Users. If paid services are used, the respective fees are due to the Artist.
17.2 An Artist shall pay us, as consideration for the provision of Bouncy, a share of the revenue generated by the Artist through Bouncy and collected by the payment service provider on behalf of the Artist. The share rate in effect at the time the Contract is entered into will be displayed to the Artist at the time of registration and will be available for review through billing statements. We settle our share by offsetting it against the amounts to be passed on to the Artist.
17.3 The payment service provider entrusted with the payment processing may charge the Artist certain payment processing fees. These may be fees of the payment service or third-party fees that are passed on from the payment scheme. The amount of the respective charges or passed-on third-party charges depends on the respective selected payment method and can be requested from the payment service provider.
Depending on a User’s location, the payment service provider may also charge additional fees for foreign transactions or for currency conversions for some payment instruments or for the use of a specific payment instrument, for example if the User is not located within the EU or uses a credit card that is not settled in EUR.
We have no influence on the fees, third-party fees, foreign fees, exchange rates or similar deductions, they are decided solely by the payment service provider.
17.4 Our share according to Clause 17.2 is calculated on the basis of the amount paid out by the payment service provider after deduction of its fees. This fee covers the regular operation of Bouncy for the Artist.
In individual cases, additional fees may be agreed on a project-related basis. In addition, we may have a claim against an Artist for reimbursement of expenses (sec. 670 of the German Civil Code, Bürgerliches Gesetzbuch, BGB). Unless otherwise agreed, additional fees and expenses will generally be charged on a time and material basis and, in the case of third-party costs, against proof of costs. The basis are the general daily and hourly rates of Bouncy applicable at the time of billing. The Artist shall be informed of these rates, as well as any changes thereto, in good time and in advance, see Clause 23.
17.5 Each Artist is responsible for paying taxes on income earned through Bouncy in accordance with the laws applicable to them, including any sales and income taxes. If we are required by law to do so, we will report sales to the appropriate authorities.
18.1 The Contract is concluded for an indefinite period.
18.2 A User or an Artist may terminate the Contract at any time without notice. Within the area of Bouncy accessible after registration, a cancellation function is available. Alternatively, the cancellation can be sent to one of the contact options given .
Once we have processed the cancellation, access to Bouncy will be initially blocked and then deleted, subject to Clause 19.
18.3 The right to terminate for good cause remains unaffected for all parties.
Good cause entitling us to terminate without notice exists in particular if we have reasonable grounds to suspect that Bouncy is being used for money laundering or terrorist financing purposes.
18.4 The termination of a contract concluded by the Artist with the payment service provider, if applicable, must be made separately and by the Artist. We do not pass on data about termination declarations or account cancellations.
19.1 Termination will result in the deletion of your account and all records of your activities and communications, such as chats. As a Fan, you will no longer have access to the Content you may have purchased, unless the Artist has made the Content available to you outside of Bouncy.
If you have made payments via the payment system of an app store (Apple App Store, Google Play Store), you must terminate any recurring payments via the mechanism provided there. Insofar as payments were also processed via a. If you have ordered one or more subscriptions or promotions, each of which has a minimum term or other conditions that have not yet been fulfilled at the time of termination, the termination will only become effective when the conditions have been fulfilled for all subscriptions or promotions. Any obligation to pay in this regard will continue. Until then you can use Bouncy to its full extent, but the purchase of new Content or new promotions or subscriptions or the integration of new Artists is not possible. If you enter into new commitments, the one with the longest minimum term will apply. However, you are free to ask the Artist(s) concerned for an early termination; if this is granted, the termination will take .
19.2 In the relationship between you and us, the Contract shall continue to apply until all outstanding payments and also chargebacks, insofar as these are not made via the payment service provider, have been settled in full. However, we do not charge any ongoing costs during this period to an Artist.
We may terminate or suspend your account at any time in our sole discretion. We may also cancel membership subscriptions and remove descriptions, publications or benefits in 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 caused, including attorneys’ fees and costs. These terms will remain in effect even if you no longer have an account with us.
19.3 In the event of an Artist’s termination, the Artist’s account will be placed in a “read-only” mode until all payments or outstanding balances accrued up to the date of termination have been finalized, i.e., the Artist may log in and check payments, for example, but may no longer offer new Content.
The Artist’s Content will be deleted. However, to the extent that the Artist has made Content available to Users with a minimum term or subject to conditions that have not been satisfied at the time of termination, we may continue to store such Content, make it available to Users, and bill the Artist for such Content, including making distributions to the Artist, until the expiration of the minimum term or satisfaction of all conditions. However, this does not apply if the obligations relate to future Content yet to be created and not available on Bouncy, in which case no new Content will be made available or billed to Users and the Artist. Nevertheless, existing Content will continue to be made available until the expiry of the aforementioned deadlines.
The Artist acknowledges that due to chargebacks or other disruptions, final payment of all amounts may be delayed; undisputed amounts will be paid promptly.
19.4 We do not delete data that we need to fulfil our legal retention obligations, in particular records of payments made by you. We also do not delete data in which we have a legitimate interest that outweighs your interest in deletion, e.g. if we need data to defend a legal dispute with you.
Bouncy may be equipped with features to access and retrieve data from or submit data to third party services (“Third Party Service“), for example, by an Artist setting up an interface with a merchandise provider that can be accessed from within Bouncy.
You may terminate Bouncy’s access to your Third Party Account at any time by logging into the Third Party Account and revoking Bouncy’s access through the security settings page.
You may not use any third-party accounts that you are not authorized to use. If the accounts are operated by agencies, Clause 7.3 applies accordingly.
Which third party service providers and their services Bouncy supports at any given time may change over time, for example because the third party service provider’s business model changes or if the third party service provider no longer allows access by third parties such as Bouncy. There is no entitlement to include a particular service, or to maintain support for a particular service. We reserve the right to support different third-party services for Users and Artists, or to discontinue support altogether. There is no right to support a particular service.
We are very interested in your comments, criticisms and suggestions for improvement, whether it is about the design, features or performance of Bouncy.
Insofar as you provide us with such comments, criticism, suggestions for improvement (collectively “Feedback“), you agree that we may use the Feedback as we see fit. By submitting the Feedback, you grant us an irrevocable, temporally, factually and spatially unlimited right to use and exploit the Feedback. The rights granted also include the right to publish, rent, publicly reproduce, edit, modify, reproduce, distribute, expand, further develop and otherwise exploit the Feedback in any way, as well as the right to transfer these rights and to grant sub-licenses without limitation as to time or content.
For the avoidance of doubt: We do not claim any rights to any content you submit to Bouncy. You should carefully review your feedback and remove any Content you do not want us to see.
In the case of intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit) as well as in the case of the absence of a guaranteed characteristic, we shall be liable for all damages resulting therefrom in accordance with the statutory provisions.
In the event of slight negligence (leichte Fahrlässigkeit), we shall be liable in accordance with the statutory provisions in the event of injury to life, limb or health (Personenschäden). If we are in default with a performance due to slight negligence, if a performance has become impossible for us or if we have violated an essential contractual obligation (Kardinalpflicht), the liability for material damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract (vertragstypisch vorhersehbare Schäden). An “essential contractual obligation” (Kardinalpflicht) is an obligation the fulfilment of which makes the proper performance of the contract possible in the first place, the breach of which jeopardises the achievement of the purpose of the contract and the observance of which the contractual partner may regularly rely on.
Liability for all other damages is excluded. The liability according to the regulations of the product liability law remains unaffected.
If an Artist wishes to assert claims due to the processing of payments, these are to be asserted against the payment service provider. We are only liable to the extent that we have access to payments.
We are not liable for any content that is missing or not provided as agreed, or for any other performance by the Artist that is not fulfilled, unless it is caused by a defect on the part of Bouncy. If an Artist fails to meet commitments, the User in question should report this to us and we will take any necessary action, up to and including blocking or removing the Artist from Bouncy.
23.1 We may modify or enhance Bouncy and the platform on which Bouncy is based at any time and in our sole discretion, provided that such modification is objectively reasonable for Users or Artists and does not fundamentally alter the essential features of Bouncy (the primary performance obligations, Hauptleistungspflichten). This includes technical improvements, the introduction of new functions, the replacement of previous functions by functionally equivalent functions, or measures to avoid an infringement of third party rights. This also includes changes that are made due to new or changed legal requirements or technical standards, which we, as the operator of Bouncy, cannot avoid. We may inform you about these changes at our own discretion.
Material changes that affect the core functions of Bouncy or that result in a fundamental change to Bouncy shall be agreed in accordance with Clause 23.3.
23.2 From time to time we may make minor changes to the Contract to include provisions for new features, to adapt existing provisions to reflect changed features (Clause 23.1), to reflect a change in case law, or to make error corrections (“Notifiable Change“). In the notification, we list the reasons for the change.
We will notify Users or Artists of changes that require notification at least one (1) month before they are scheduled to take effect, in text form. If the User or Artist does not agree with the change, he/she is free to terminate the contractual relationship in an orderly manner. Insofar as a period of notice applies, this shall be deemed to be shortened during the period of notice in such a way that the termination shall take effect at the time of the intended entry into force of the change. We shall make special reference to this right of termination in our notice of amendment.
Significant changes that affect the core of the Contract or lead to a fundamental reorganisation of the main obligations of even one of the parties shall be agreed in accordance with Clause 23.3.
23.3 If substantial changes of the functions are to be introduced, which have noticeable effects for you, or if the contractual main obligations of Bouncy are to be adapted, or other substantial changes also of the contract are made, these take place only with express agreement of the User or Artist, which can be given in each case also in text form (§ 126b BGB – e.g. by email).We offer Users or Artists the opportunity to make changes requiring their consent in text form (e.g. by e-mail) no later than two (2) months prior to the date on which they are to take effect. The consent of a User or Artist may also be given in text form. The deadline is met if the consent is sent to us before the date on which the changes are scheduled to take effect. If a User or Artist does not wish to accept the change, the contractual relationship shall continue as before, without prejudice to the right of the parties to terminate the contract without notice.
23.4 We also reserve the right to adjust fees. If the adjustment is made due to mandatory obligations, e.g. legal changes such as the introduction of a new tax, adjustment of value added tax, copyright levy, or if there are demonstrable changes to third-party costs of Bouncy which Bouncy only passes on, such as fees of payment service providers, this is a change subject to notification, to which Clause 23.2 applies. Other adjustments are changes requiring consent, to which Clause 23.3 applies.
23.5 The Bouncy App and the Bouncy Website are two different ways to access Bouncy. Both the Bouncy App and Bouncy Website are under continuous development. We endeavour to provide the Bouncy App and the Bouncy Website with the same functionality, but we cannot guarantee this, and some Bouncy features may not be available, at least temporarily, through the Bouncy App or the Bouncy Website. We therefore do not guarantee that both the Bouncy App and the Bouncy Website will offer the same range of functions at all times. However, as a User or Artist, you can switch between Bouncy App or Bouncy Website at any time and use both ways to log in to Bouncy and to use Bouncy’s features.
The provider information can be found in the imprint. There you will also find information on online dispute resolution.
25.1 To the extent that Bouncy allows communication between Users and Artists, or between Users, regardless of the means supported (email/chat, audio, video, stream), this constitutes a closed system. Bouncy is not intended to provide telecommunications services to the public. You should not rely on Bouncy as a means of telecommunications.
25.2 All communications between you and us are generally made electronically and by e-mail (text form), unless the written form is required by law or is prescribed to us by a third party, e.g. by the payment service provider commissioned by us.
25.3 Announcements that are of interest to all Users of Bouncy, such as announcements of new features or a maintenance window, may also be made by announcement within Bouncy, such as on the home page, or through notifications from the Bouncy App.
25.7 The performance of the contract by Bouncy is at all times subject to the proviso that Bouncy does not violate any regulations of national and international export and foreign trade law or violate sanctions or embargos. Should this be determined in relation to a User or Artist, Clause 12 shall apply.
This expressly does not apply to consumers. For Users who are consumers, a place of jurisdiction is the respective residence of the User. For all disputes arising from the User relationship with Bouncy, additional place of jurisdiction for consumers residing in Germany is the registered office of Bouncy, currently Berlin.