Create an account

Declaration 1: Accuracy of the date of birth

Wording

You confirm that the date of birth you have given is correct. The information is provided as a self-declaration. It is not technically verified at registration.

Why the date of birth is collected

The platform may contain content that is not suitable for children and young people. Tracks and cover images therefore carry an age rating. So that the age limits of 16 and 18 can take effect on a specific day, a date is required. An age stated in years would already be incorrect the following year.

Only the date is stored. Your age is calculated from it each time and is not stored separately.

The legal basis is Article 6(1)(b) of the General Data Protection Regulation for the performance of the user contract, and Article 6(1)(c) in conjunction with the provisions on the protection of minors in the media. Details are set out in section 6 of the privacy policy.

Why no identity document is required

Requiring proof of identity at registration would demand identity data from every user. That would go beyond what the purpose requires and would contradict the principle of data minimisation under Article 5(1)(c) of the General Data Protection Regulation.

Your declaration is therefore decisive. The safeguard lies in the consequences of incorrect information; they are described in declaration 3.

Who can see your date of birth

You yourself can see it in your profile settings.

Staff members with administration rights see it only to the extent necessary for processing a request to change the age or for an artist verification.

Beyond that, nobody sees it. The date of birth does not appear in any public profile, in any search or in any interface. Only your username is publicly visible, and for verified artists the artist name.

Your age is not disclosed externally either. Only the result of the check as to whether a particular piece of content is released for you is transmitted.

Subsequent change

You cannot change the date of birth yourself after registration. An age limit that could be lifted by the person concerned would not be an age limit.

A separate procedure is available for a correction: the request to change the age in your profile settings. It requires first name, surname, date of birth and a copy of an identity document and is reviewed by a staff member. The copy serves solely for visual inspection and is irreversibly deleted immediately after the decision. No identity document number is stored in the process.

For verified artists this route is unnecessary. In the artist verification, the date of birth is checked against the identity document anyway and corrected where necessary.

Your rights

Your right to rectification under Article 16 of the General Data Protection Regulation remains unaffected. It is exercised via the procedure described above. Likewise, you have the rights of access, erasure, restriction of processing, data portability and lodging a complaint with a supervisory authority under Articles 15 to 21 and 77 of the General Data Protection Regulation.

Data protection enquiries are answered by privacy@musicismylife.eu.

Note on this language version

The operator is based in Germany, and the contract is governed by German law. In the event of discrepancies, the German wording prevails. The language version that was shown to you is recorded with your declaration.

Declaration 2: Consent of the legal guardian for minors

Wording

Users under 18 years of age may only use the platform with the consent of their legal guardian. If you are under 18 years of age, you confirm with this declaration that this consent has been given.

If you are 18 years of age or older, the declaration does not apply to you; you then do not confirm any further fact.

Why the consent is required

A minor who has reached the age of seven requires the consent of their legal guardian for a declaration of intent through which they do not merely obtain a legal advantage (section 107 of the German Civil Code, BGB). If this consent is missing, the contract is provisionally ineffective and only becomes effective upon ratification by the legal guardian (section 108 BGB).

Asking for the consent therefore addresses the contract itself. That is the legally sound approach.

What is deliberately not stated here

This declaration contains no statement to the effect that parents are liable for damage caused by their children. Such a statement would not be accurate in this generality.

Under German law, liability of the legal guardian requires a breach of the duty of supervision (section 832 BGB). It does not already follow from being a parent. A clause that claims more than the law provides is invalid in case of doubt and offers no protection.

No request for proof

The consent of the legal guardian is not separately proven, nor is the legal guardian asked about it. This corresponds to the handling of the age statement: your declaration is decisive, not a document to be provided by you.

Age-dependent content

Regardless of this consent, the age limits for content apply:

Under 16 years of age, content rated 16 and over or 18 and over is not delivered.

At the age of 16 and 17, content rated 16 and over is delivered, content rated 18 and over is not.

From 18 years of age, all content is delivered, provided it is otherwise released.

This check takes place on the server, at every point that delivers content: during playback, in playlists, in search, when accessed via a direct link, on artist profiles and in releases. A restriction that works at only one single point would not be a restriction.

Further provisions

The contractual provisions on use by minors are set out in section 4 of the general terms and conditions. Information on the processing of the date of birth is set out in section 6 of the privacy policy.

Note on this language version

The operator is based in Germany, and the contract is governed by German law. In the event of discrepancies, the German wording prevails. The language version that was shown to you is recorded with your declaration.

Declaration 3: Consequences of incorrect information and liability

Wording on the consequences of incorrect information

If your information is incorrect, the provider may block your account and terminate the contract for good cause. An incorrect age statement constitutes a material breach of duty.

If you are responsible for the termination of the contract, there is no entitlement to a pro rata refund of fees already paid for the current billing period.

Your statutory right of withdrawal and your other statutory claims remain unaffected.

On the scope of this provision

The last sentence limits the provision to what may be regulated by contract. A blanket exclusion of refunds would generally not withstand a review of content under sections 307 to 309 of the German Civil Code (BGB), because it would also cover claims that cannot be excluded. These include in particular the right of withdrawal under sections 355 and 356 BGB and the warranty rights.

The provision made here, by contrast, is linked to responsibility for the termination and expressly leaves the statutory rights unaffected.

Wording on liability

The provider is not liable for damage arising from incorrect information.

Anyone who provides incorrect information is liable in accordance with the statutory provisions. For minors, any liability of the legal guardian is likewise governed by the statutory provisions, in particular section 832 BGB.

What is not covered by the limitation of liability

Liability for intent and gross negligence, for injury to life, body or health, and liability under the German Product Liability Act is not excluded and cannot be excluded. Furthermore, liability for the breach of essential contractual obligations remains unaffected, that is, obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely.

Blocking and termination

The blocking of an account due to incorrect information is based on the provider's virtual domiciliary rights and on the right to terminate for good cause under section 314 BGB. It is independent of the question of whether a refund or liability provision is effective in the individual case.

Before an account is blocked, a warning is issued to the extent that this is possible and reasonable in the circumstances. The procedure described in section 11 of the general terms and conditions is open to you against measures taken by the provider.

Relationship to the general terms and conditions

This declaration informs you of the consequences of incorrect information. The contractual provision itself is contained in the general terms and conditions, in particular in sections 8, 11 and 14. These can be reached via the footer of every page and are separately incorporated at registration.

In the event of discrepancies between this declaration and the general terms and conditions, the general terms and conditions take precedence.

Note on this language version

The operator is based in Germany, and the contract is governed by German law. In the event of discrepancies, the German wording prevails. The language version that was shown to you is recorded with your declaration.