Terms of Service
nextfly GmbH (“nextfly”, “we”, “us”, “our”)
Last updated: 15.03.2023
Welcome to nextfly.me, a music distribution service provided by nextfly GmbH. These Terms of Service (“Terms”) govern your access and use of our website, services, products, and content (“Services”).
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not access or use our Services.
To access and use our Services, you must be at least 18 years old, or the age of majority in your jurisdiction, and have the capacity to form a binding contract. You must also be authorized to act on behalf of any entity for which you are using our Services.
To use certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information when creating your account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.
a. You retain all rights to the music, artwork, and any other content that you submit, post, or display on or through our Services (“Your Content”).
b. You grant nextfly a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform Your Content in connection with the Services.
c. You represent and warrant that you own or have the necessary rights and permissions to submit, post, or display Your Content on or through our Services and to grant the license described in this section.
d. You are responsible for ensuring that Your Content complies with all applicable laws, regulations, and guidelines.
You agree to obtain all necessary rights, licenses, and permissions for any music, artwork, or other content you submit to our Services. You are responsible for paying any royalties, fees, or other amounts owed to any person or entity in connection with Your Content.
a. nextfly will distribute Your Content through various digital platforms, such as streaming services, download stores, and other music services (collectively, “Digital Platforms”).
b. You may choose to make Your Content available for streaming, download, or both, and may set the price for downloads at your discretion, subject to any minimum pricing requirements set by Digital Platforms.
c. nextfly will pay you a percentage of the net revenue we receive from Digital Platforms for the distribution of Your Content, as agreed upon in a separate agreement between you and nextfly. Payment terms, such as timing, method, and currency, will also be specified in the separate agreement.
d. nextfly may enter into agreements with Digital Platforms on your behalf, in which case you authorize us to negotiate, execute, and administer such agreements. You agree to be bound by the terms and conditions of these agreements, including any additional fees, charges, or revenue splits imposed by the Digital Platforms.
a. nextfly will provide you with access to reporting and analytics tools that display information about the performance of Your Content on Digital Platforms, such as play counts, downloads, and revenue data.
b. While we strive to ensure the accuracy and completeness of the information provided through our reporting and analytics tools, we cannot guarantee the reliability or accuracy of this information, as it is provided to us by Digital Platforms and is subject to their reporting practices and data quality.
c. We disclaim any liability for any errors, omissions, or inaccuracies in the information provided through our reporting and analytics tools.
You agree not to engage in any activities that may violate these Terms, any applicable laws or regulations, or any third-party rights. Prohibited activities include, but are not limited to, the following:
a. Submitting or distributing content that infringes on the rights of others, such as copyright, trademark, or privacy rights.
b. Engaging in activities related to fake streams, artificially increasing play counts, or other manipulations of the Services.
c. Using the Services for illegal, fraudulent, or malicious purposes.
d. Interfering with, disrupting, or attempting to gain unauthorized access to our Services, servers, or networks.
e. Using the Services to harass, threaten, or defame any person or entity.
f. Creating multiple accounts for the purpose of circumventing usage limitations or restrictions.
We reserve the right to suspend or terminate your access to our Services at any time, with or without notice, if we determine that you have violated these Terms, any applicable laws or regulations, or any third-party rights. Upon termination, all licenses granted to you under these Terms will cease, and you must immediately cease using our Services and remove any of our content from your devices.
You agree to indemnify, defend, and hold harmless nextfly, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or in connection with your access to or use of our Services or your violation of these Terms.
To the extent permitted by applicable law, nextfly shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your access to or use of, or inability to access or use, our Services.
These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Germany.
nextfly reserves the right to modify these Terms at any time. We will notify you of any changes by posting the updated Terms on our website. Your continued use of our Services after the changes become effective constitutes your acceptance of the updated Terms.
nextfly respects the intellectual property rights of others and expects its users to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that your copyrighted work has been infringed upon or is being used in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
a. Your name, address, telephone number, and email address.
b. A description of the copyrighted work that you claim has been infringed.
c. A description of where the material that you claim is infringing is located on our Services.
d. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
e. A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
f. Your physical or electronic signature.
Send your notice of alleged copyright infringement to ourdesignated copyright agent at the following address:
legal@nextfly.me
Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your personal information when you access and use our Services. By using our Services, you agree to the terms of our Privacy Policy.
Our Services may include links to or integrations with third-party websites, services, or content. We do not control, endorse, or assume any responsibility for such third-party services or content. If you access or use any third-party services or content, you do so at your own risk, and you acknowledge that these Terms and our Privacy Policy do not apply to your use of such services or content.
If you believe that Your Content was removed or disabled in error as a result of a copyright infringement claim, you may submit a counter-notification to our designated copyright agent at the contact information provided above. Your counter-notification must include the following information:
a. Your name, address, telephone number, and email address.
b. A description of the material that was removed or disabled, and the location on our Services where it appeared before it was removed or disabled.
c. A statement, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
d. A statement that you consent to the jurisdiction of the federal court located in Germany, and that you will accept service of process from the person who provided the original notification of alleged infringement or an agent of such person.
e. Your physical or electronic signature.
Our Services are controlled and operated from Germany. We make no representation that our Services are appropriate or available for use in other locations. If you access or use our Services from outside Germany, you are responsible for compliance with all applicable local laws, regulations, and customs.
You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce and the trade and economic sanctions maintained by the U.S. Department of Treasury’s Office of Foreign Assets Control. You represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country or on any restricted party list.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms, together with our Privacy Policy, constitute the entire agreement between you and nextfly regarding your access to and use of our Services and supersede any prior agreements, whether written or oral, relating to the subject matter hereof.
Contact Us
If you have any questions or concerns about these Terms or our Services, please contact us at:
nextfly GmbH
legal@nextfly.me
Made with ❤️ in germany.
