Terms and Conditions
Online platform
Registration
On Audiobrid, a distinction is made between registration as an artist and registration as a client. Prerequisite for participation at Audiobird is the registration on the website and the confirmation of these terms and conditions. The offer is only open to companies and freelancers who work as service providers or place orders. Minors need the consent of a parent or guardian. Audiobird reserves the right to delete profiles and entries without giving reasons or to correct incorrect entries. For clients it is possible to place orders without opening a customer account. To do this, the order must be made by phone or e-mail directly to Audiobird.
Artist Profiles / Third Party Rights
Service providers who register on Audiobird must ensure that the sound samples, texts or images submitted by them are free of third party rights. Only the registered service provider is liable for any claims by rights holders. The media provided by artists in their profiles can be published on Audiobird.de at any time without further consent. Audiobird is entitled to edit artist profiles as desired, add and change texts, audio examples, links or images.
User Generated Content
Each User grants Audiobird (and any third party authorized by Audiobird) an irrevocable, perpetual, worldwide, unrestricted, royalty-free, non-exclusive right and license to reproduce, copy, publish, publicly perform User Generated Content, communicate to the public by telecommunications, distribute, optimize (including search engine optimization), synchronize with other content and materials, edit, translate, transcribe, subtitle, and otherwise store, use and process. This applies to all User-Generated Content (in whole or in part, as it is or may be edited) and all materials based thereon or derived therefrom for the purpose of providing Audiobird.com’s services, its Services and the Website. The Profile Creator hereby waives any moral rights (and any other rights of like or similar nature) that the User may have in the User Generated Content for the benefit of Audiobird (and any third parties authorized by Audiobird to use such User Generated Content).
No AI Trainings with Audiobird Content.
For the avoidance of doubt, the license and waiver granted by Artists and Experts with respect to Talent Content (such as auditions and demonstrations) does not permit Audiobird and other third parties to use Talent Content to create, train or develop artificial intelligence technologies (including the creation of synthetic or computer-generated voices based on the natural voice of the Artist) without the express written consent of the Talent.
Client and contractor
The terms and conditions apply to all contracts between Audiobird, clients (in short “AG”) and contractors (in short “AN”). Client and contractor accept the terms and conditions with the registration or order placement. Deviating conditions of the client (hereinafter referred to as “Client”) are not binding for Audiobird and Contractor, even if they have not been expressly contradicted. The customer is the one who initiates the execution of an order, in writing or orally, or initiates the order via a corresponding online form. This also applies if, at his request, the invoice is to be issued to a third party. In this case, the customer is fully liable for the invoice amount in addition to the third party. Audiobird is not obligated to verify the authority of an order transmitter if the order is placed in the name and for the account of a third party. The order transmitter is then also the client.
Costs / Commissions
Artists / Contractors
The creation of profiles on Audiobird is free of charge. For each order placed through Audiobird, contractors pay 20% commission. This applies to direct requests via the contact form or chat, as well as orders that are mediated via Project Post or Audiobird Marketplace. Artists are not exclusively contracted to Audiobird, which means they can go elsewhere at any time. However, if an order is clearly mediated by Audiobird, a commission of 20% on the gross order value is due. This applies not only to the individual order, but for up to three years on all subsequent projects and further engagements given by the specific client to the contractor.
Client
For clients, a commission is only due if additional services are provided in addition to the pure placement of artists. As a rule, the placement of artists and experts is free of charge for the client. Additional services provided by Audiobird will be charged according to time and effort in coordination with the client.
Satisfaction guarantee
If the client receives a production from the contractor that is indicated as “ready”, the client has 78 hours to make change requests. This option must be used by the client within the first 78 hours after receipt of the result and must be expressly indicated in writing (by email). The contractor is obliged to carry out up to 2 correction loops within the framework of the satisfaction guarantee. If the Client still does not agree with the result after the Contractor’s correction loops, additional costs to be determined will be due in addition to the agreed project costs.
Productions
The production content must comply with the legal requirements and the rules of conduct recognized by the Central Association of the German Advertising Industry (ZAW) and the German Advertising Council (Deutscher Werberat). During production, no text corrections or changes to the actual concepts of the order are permitted, unless the respective contractor expressly agrees to allow such changes. Audiobird and the contractor are not obligated to check whether the content of the productions violate legal regulations. Should this be the case, the client is liable for all resulting disadvantages or damages. The customer shall indemnify Audiobird against all claims of third parties. This also applies to an appropriate legal defense. If protected works, music or language are used, it is the sole responsibility of the customer to obtain all necessary copyright, ancillary copyright and other permits. Audiobird assumes no responsibility for this.
The same applies to liability for the competition law harmlessness. In particular, Audiobird is not obligated to have a draft legally reviewed in advance. Liability for provided audio material can only be assumed up to the material value of the data carrier.
Defects
A production indicated as “finished” by the Contractor shall be checked immediately before use by the Client and any changes shall be reported by the Contractor within 78 hours after completion. The immediate inspection shall also apply to the vicarious agents or third parties used by the Client. (e.g. radio, TV, Internet or print media) Subsequent text or speaker change requests are subject to a charge. If the Client does not check the production, the Contractor shall not be liable for deviations from the order placed.
The same applies to liability for the competition law harmlessness. In particular, Audiobird is not obligated to have a draft legally reviewed in advance. Liability for provided audio material can only be assumed up to the material value of the data carrier.
Usage rights
The Client shall receive the rights of use of the work produced by the Contractor insofar as the Client fulfills its obligations arising from the contractual relationship. If the agreed price has not yet been paid by the Client, the Contractor shall have the right to prohibit the Client from using the production result. Unless otherwise agreed, the Client shall receive the rights of use to the production for 1 year. The right of use acquired by the Client shall apply exclusively to the territory or the broadcasting area of the medium for which the Production was intended at the time of conclusion of the Agreement and to which the Production was delivered on the Client’s instructions. Any extension or renewal of the right of use must be notified to the Contractor in writing and shall be subject to a charge within the scope customary in the industry.
Media planning / advice
Advertising booking orders or consulting orders for media placement shall only become binding after written confirmation by the Contractor. Consultations ordered in the online form require an additional written statement of intent.
Audiobird may act as a consultant in connection with advertising placements. All contracts for advertising bookings will then be concluded exclusively between third party companies and the AG. Audiobird is entitled to a commission in such consulting services in the amount customary in the industry, which can be negotiated in individual cases between commissioned media companies and Audiobird.
If Audiobird is entrusted with a budget authority, this requires a separate contract. In such cases Audiobird manages the agreed advertising budget and is entitled to conclude contracts with media companies and entrust them with web placement. In such cases, Audiobird coordinates with the client on planned budget allocation plans and arranges the booking of advertising placements with the media companies.
If an advertising placement is cancelled for editorial reasons, due to technical problems or force majeure, it will be either brought forward or made up for if possible. The client’s consent is required to bring forward or make up the advertising placement, unless the postponement is insignificant. The postponement shall be deemed insignificant if it takes place within the same environment and does not result in the broadcast of the advertising placement more than one hour before or after the originally scheduled time. In the event of a significant postponement, the Client shall be entitled to demand the return of the fee paid for the cancelled advertising time. Further claims are excluded. The agreed broadcasting times shall be requested or booked from the respective broadcasters and shall be adhered to by them as far as possible. Since the broadcasters usually do not guarantee the broadcast in certain advertising blocks within an hour or in a certain order, Audiobird is not liable for any deviations. Requests for exclusion of competition will be considered as far as possible – without recognition of a legally binding claim.
Liability
Audiobird is liable, regardless of the legal grounds, only in case of intent or gross negligence, but for any fault in damages resulting from a breach of essential contractual obligations. The amount Audiobird is liable for simple, not for contract-untypical and therefore practically unforeseeable damages. A possible liability for damages due to the absence of Audiobird warranted characteristics remains unaffected. In the event of force majeure, either party may withdraw from the contract with immediate effect, unless the service has been provided.
Liability service provider
The service provider is obligated to provide truthful information and is liable to Audiobird as well as to affected third parties for all damages for which he is responsible, which arise due to the provision of false, falsified or non-personal content of the service provider. The service provider is liable for all damages for which he is responsible that arise from the unauthorized disclosure of the data transmitted to him.
Data protection / non-disclosure agreement
By accessing the internal area at Audiobird, users may receive information about projects, customers and productions that are subject to confidentiality. Therefore, all users who agree to the Audiobird Terms and Conditions agree to treat all information, business and trade secrets, campaigns, negotiations, other documents, business plans and developments made available to them through the internal area of Audiobird as strictly confidential. Audiobird users may use the information provided in the manner that is appropriate and customary for the evaluation of potential cooperation. Culpable breaches of this confidentiality agreement will result in a contractual penalty. The amount of the contractual penalty shall always be based on the severity of the breach.
Final regulations
In the case of the order confirmation by the contractor, the place of performance is Berlin. The place of jurisdiction for all legal disputes arising from the contractual relationship is Berlin. If a provision of this contract is invalid, the validity of the remaining provisions is not affected. The ineffective provision is to be replaced by a regulation that comes closest to the ineffective provision in economic terms. The terms and conditions apply to all orders. All sound files on this website (www.audiobird.de) are only available for listening. Any recording, downloading or further use is expressly prohibited.
