Terms and Conditions

Please note:

This English translation of the MusicaNeo Terms and Conditions is provided for the convenience of our non-German-speaking customers. Regardless of this, only the original German version is legally binding.

1. Preamble

Load.CD GmbH provides a platform for online publishing and licensing, especially for sheet music. You will also find a lot of free public domain sheet music files. You can create your own personal page and upload files like PDF sheet music and sound samples. Load.CD GmbH charges no monthly fee for the personal pages, so the project relies on commission for download- or license-fees you earn. Therefore, please understand that the personal pages may not be used as an advertising platform for sheet music you only want to sell with other platforms or publishers.

2. Definitions

The following definitions are used, indicated by a capital letter.

2.1. “MusicaNeo”: www.musicaneo.com, website created by Load.CD GmbH, Rothausstrasse 1, CH-8280 Kreuzlingen.
2.2. “Customer”: Each person using MusicaNeo website and services, including the Personal Pages, whether registered or not. A Customer is referred to as “Uploader” or “Downloader”, depending on the respective activity.
2.3. “Visitor”: An unregistered Customer.
2.4. “Content”: Any works, compositions, texts, images, sound, or any other material uploaded or to be uploaded.
2.5. “Work”: A creation, whatever may be the mode or form of its expression including digital form, such as a musical composition with or without lyrics; a work of drawing or literature.
2.6. “Personal Page”: Website, a Customer can create with MusicaNeo.
2.7. “Protected Works”: Works that are protected by proprietary rights.
2.8. “Unprotected Works”: Works that are not or no longer protected by any proprietary rights, especially not by copyright (also known as public domain).
2.9. “Digitized Copy”: A scan/photography of formerly printed sheet music.
2.10. “Download Fee”: A fee for the download of a file.
2.11. “License Fee”: A fee for the right to use Protected Works, including public performances.
2.12. "Chargeback": A request that a Downloader files directly with his or her credit card company or credit card issuing bank to invalidate a payment.
2.13.“Prepaid Account”: Personal account available for payments within MusicaNeo.

3. Field of Application

The Terms and Conditions set forth in this agreement govern the contractual relationship between Load.CD GmbH and its Customers. To save or print a copy of this agreement, please use your browser’s save or print command. These Terms and Conditions apply exclusively. Conflicting or from our Terms and Conditions differing conditions put forward by a Customer shall not be accepted, unless Load.CD GmbH has explicitly agreed to the individual case in writing.

4. Description of Services and Products

MusicaNeo acts as a host provider for registered Customers who upload Content on their Personal Pages and make this Content available to other Customers. As the Uploader, you can earn money by setting fees for making Content available or for granting licenses. Load.CD GmbH will charge a commission on all fees you earn with this.

4.1. Uploading Files to the Personal Page
A guide will lead you through the upload process, especially asking for the rights on the uploaded Content. At the end of this, you can choose whether other Customers shall have access to these files for free or whether they have to pay a Download fee. Also, you have the possibility to offer licenses for public performances, either free of charge or against license fees. Licenses are available for Protected Works only. License Fees can be set either performance-based (pay per performance) or flat priced (flat payment per year). All licenses available are limited to one year. For details to fees see section 8 below.
Please note that files you upload are processed by MusicaNeo, so that changes may occur, especially regarding resolution of images or attributes of PDF-files (e.g. printing will always be allowed).
4.2. Address Verification
After uploading a file to your Personal Page for the first time, you have to pass through an address verification check once. MusicaNeo will send you a letter by the mail to the address you entered during the registration/upload process, containing a code you have to enter on the MusicaNeo website. This verification is done for two reasons: First, Load.CD GmbH wants to prevent illegal Content posted on the Personal Pages. Second, Load.CD GmbH complies with Swiss anti-money laundering rules (see http://www.finma.ch/e/ ).
Please note that you have to enter the real address where you live. A PO Box is not sufficient.
4.3. Downloading Files from Personal Pages
As a Customer, you can download Content and/or buy licenses for Works from other Customer’s Personal Pages, depending on the offers made.
4.4. Visitors
As the Visitor, you can download any files that are offered for free, but may not upload any Content yourself. To buy files or licenses on MusicaNeo or to upload Content, you have to register first.
4.5. Identity of Customers
Although Load.CD GmbH performs a postal address verification check with each Uploader, Load.CD GmbH does not guarantee that correct contact data were given and stored for any Customer’s account. Therefore, each Customer should ensure him-/herself of the identity of a contract partner.
4.6. Registration
To register with MusicaNeo, you must be contractually capable under your national law. If you are not, please ask your legal representative to open an account for you. Multiple registration using different names and/or addresses is prohibited. Load.CD GmbH has the right to refuse a registration or exclude a Customer in its sole discretion. Should any of the information given during the registration process change after submitting, you are required to update that information as soon as possible. You agree that Load.CD GmbH is allowed to keep a history of all information you enter including all changes and additions made after registering.

5. Content and Activity

5.1. Content Posted
Load.CD GmbH may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Load.CD GmbH violates these Terms and Conditions or that may be offensive, illegal or violates the rights of any person or entity, or harms or threatens the safety of any person or entity. Load.CD GmbH assumes no responsibility for monitoring services on Personal sites for inappropriate Content or conduct. For the avoidance of doubt, if at any time Load.CD GmbH chooses, in its sole discretion, to monitor services on personal sites, Load.CD GmbH nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the Customer submitting any such Content.
5.2. License on Content Posted
By posting any Content on your Personal Page, you hereby grant to Load.CD GmbH and its affiliated companies a limited license to publicly display and distribute such Content or parts of it on MusicaNeo and use it for advertising purposes of any kind, especially but not limited to a preview function. The license you grant to Load.CD GmbH and its affiliated companies is irrevocable, non-exclusive, royalty-free, sublicensable and worldwide.
As the Uploader, you may remove files from your Personal Page at any time. You agree that Load.CD GmbH may keep a back-up archive of Content that was deleted by you from your Personal Page and make it available to other Customers who have purchased or licensed that Content from you.
5.3. Content Prohibited
The following are examples of the kind of Content that is illegal or prohibited to post on or through MusicaNeo’s services. Load.CD GmbH reserves the right to investigate and take appropriate legal action against anyone who, in Load.CD GmbH's sole discretion, violates this provision. Offending Content may be removed by Load.CD GmbH from MusicaNeo’s services and violators may be denied access to its website. Prohibited Content, in the sole discretion of Load.CD GmbH, includes, but is not limited to, Content that:
5.3.1. constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work;
5.3.2. is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
5.3.3. harasses or advocates harassment of another person or group;
5.3.4. exploits people in a sexual or violent manner;
5.3.5. contains excessive violence or offensive subject matter or contains a link to an adult website or online casino;
5.3.6. publicly posts information that poses or creates a privacy or security risk to any person or group;
5.3.7. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities, including, but not limited to, making or buying illegal weapons, violating someone's privacy or providing or creating computer viruses;
5.3.8. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
5.3.9. involves commercial activities and/or sales without prior written consent from MusicaNeo, especially advertising; or
5.3.10. violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
5.4. Activity Prohibited
The following are examples of the kind of activity that is illegal or prohibited on the MusicaNeo website and through Customer’s use of MusicaNeo’s services. MusicaNeo reserves the right to investigate and take appropriate legal action against anyone who, in MusicaNeo's sole discretion, violates this provision, including, without limitation, reporting Customers to law enforcement authorities. Prohibited activity includes, but is not limited to:
5.4.1. criminal or tortious activity, including fraud, drug dealing, gambling, harassment, stalking, spamming, skimming, sending of viruses, troyans or other harmful files, copyright or patent infringement;
5.4.2. advertising to or the solicitation of any member to buy or sell any products or services through unauthorized or impermissible use of MusicaNeo’s services;
5.4.3. circumventing or modifying, attempting to circumvent or modify, encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of MusicaNeo’s services;
5.4.4. activity that involves the use of viruses, bots, worms or any other computer code, files or programs that monitor, interrupt, destroy or limit the functionality of any computer software or hardware or otherwise permit the unauthorized use of or access to a computer or a computer network;
5.4.5. covering or obscuring the banner advertisements on the Customer’s Personal Pages or any MusicaNeo page via HTML/CSS or any other means;
5.4.6. any automated use of the system, such as, but not limited to, using scripts to send comments or messages;
5.4.7. interfering with, disrupting or creating an undue burden on MusicaNeo’s services or the networks or services connected to MusicaNeo;
5.4.8. impersonating or attempting to impersonate another Customer, person or entity;
5.4.9. using the account, username or password of another Customer at any time or disclosing the Customer’s password to any third party or permitting any third party to access the Customer’s account;
5.4.10. selling or otherwise transferring profiles;
5.4.11. using any information obtained from MusicaNeo’s services in order to harass, abuse or harm another person or entity or to attempt to do so; or
5.4.12. using MusicaNeo’s services in a manner inconsistent with any and all applicable laws and regulations.
5.5. Personal Page
In addition to the rules stated above, on your Personal Page, the following rules apply:
5.5.1. Hyperlinks
If you want to set a hyperlink on your Personal Page, you have to make sure that the hyperlink does not lead to any Content prohibited. Hyperlinks should not be of advertising character, but be informational only. If a hyperlink leads to a platform that offers the possibility to download/buy works of yours/your clients, you have to offer the same works on MusicaNeo, too.
5.5.2. No commercial advertisement
You may not place any unauthorized commercial advertisement on your Personal Page, nor may you accept payment from a third party in exchange for performing any commercial activity.
5.5.3. Personal Pages are no advertising platform for content offered somewhere else
Please do not use the Personal Page as an advertising platform for sheet music/files you want to sell with other platforms or publishers. Load.CD GmbH reserves the right to remove any Content that, in Load.CD GmbH's sole discretion, is posted for the purpose to promote business with other entities than MusicaNeo.
5.5.4. Active Site
MusicaNeo reserves the right to remove your Personal Page as such or any Content on it, if the page, in MusicaNeo's sole discretion, is passive, inactive or empty.
5.5.5. Full works
In case of sheet music, you may not upload partial works, but only the full works. This does not apply for unfinished works.

6. Customer’s Representations and Warranties, Release from Third Party Claims

It is your sole responsibility to examine whether any Content you want to upload is protected by any proprietary rights before the upload or not. You agree to comply with all applicable laws, especially copyright laws, and the rules for Content and Activity mentioned above, (section 5). You accept full responsibility for the payment of any fees due to third parties, including, but not limited to, fees owed to rights collection agencies, in connection with any uploaded content.

You agree to indemnify, defend and hold Load.CD GmbH, its subsidiaries, affiliates, officers, agents and employees harmless from any and all damages and costs, including, but not limited to, legal fees, arising out of or related to Content you uploaded, including, but not limited to, infringement of proprietary law and violation of the rules for Content and Activity mentioned above (section 5).

You agree to immediately, accurately and completely provide all information that may be useful or necessary for the inquiry of and defense against claims by third parties.

7. Payment Methods

As a registered Customer, you will receive a Prepaid Account. Load.CD GmbH will pay no interests on the Prepaid account. To this account you can credit a minimum of $10.00 USD and a maximum of $1’000.00 USD total, either via direct crediting (maximum of direct credit is $500.00 USD) or by earning fees. Any payments or withdrawals done with the Prepaid Account are deducted from a given direct credit first, and if there is no such credit, will be deducted from any fees earned. If you use the Prepaid Account for payments, you have to pay no handling fee for this.

Alternatively, you can pay Download fees and License fees directly via credit card (Visa, Mastercard) using the PayPal interface or via your PayPal account, without using your Prepaid Account. Using this payment method, you will be charged a handling fee of $0.50 USD per transaction.

8. Licenses, Download Fees, Donations, Commission, Taxes

8.1. No registration or upload fees
For the registration and the upload of files MusicaNeo charges no fees.
8.2. Setting download fees
In case of Unprotected Works, as the Uploader you can choose to either offer a free download or to set a Download Fee. In the case you want to set a Download Fee for Digitized Copies, you have to be authorized by the publishing house, if the source was not published more than 50 years ago. As the Uploader of Protected Works you can choose to set a Download Fee or offer a free download. The minimum Download Fee is $1.00 USD.
8.3. Setting license fees
Independently from any Download Fees as the Uploader of Protected Works you can choose to grant a license for public performances, either royalty-free or against a license fee. License Fees can be set either performance-based (pay per performance) and/or flat priced (one flat payment per year). The minimum License Fee is $1.00 USD.
8.4. Collecting Download and License Fees
After the Uploader and his/her customer, e.g. the Downloader have entered into a contract via MusicaNeo, you as the Uploader authorize MusicaNeo to collect the fees on your behalf. As the Uploader you agree that any amount you earn via MusicaNeo, fees deducted, will be credited to your Prepaid Account.
8.5. MusicaNeo Commission
MusicaNeo calculates its commission of 1/3 (one third) from any fee paid by the Customer/Downloader. Where applicable, Swiss VAT is included in this commission. MusicaNeo’s commission is due as soon as the fee is paid by the Customer. MusicaNeo will notify you as the Uploader via e-mail and on your information/news page about any payment.
8.6. Chargebacks or other invalidations
Payments received in your Prepaid Account may be reversed at a later time, if such a payment is subject to a Chargeback or otherwise invalidated. This means that payments you as the Uploader receive into your account may be returned to the sender or otherwise removed from your account after you have been paid and the Downloader received access to a file.
In this case, Load.CD GmbH will remove the funds from your Prepaid Account and return the payment to the Downloader. If the funds on your Prepaid Account do not cover the payment, you agree to pay the missing amount to Load.CD GmbH. Load.CD GmbH will charge a Chargeback fee of $10.00 USD to you as an Uploader, but on the other hand will cancel the commission for this case.
8.7. Donations
MusicaNeo may provide you the possibility to receive donations via your Personal Page. For this, MusicaNeo does not charge a commission, but you have to provide your own PayPal-Account for receiving donations. If you can not obtain a PayPal-Account, you may add the general MusicaNeo donations button/link onto your personal page. In this case you will receive 2/3 (two thirds) of every donation made by using this button/link, credited to your Prepaid Account.
8.8. Taxes
As an Uploader it is your sole responsibility to pay any taxes that might be due on your profit, such as value added tax or income tax. This also applies to any donations you might receive.
8.9. Invoices
Load.CD GmbH will send you as an Uploader an encashment statement for every received payment and an invoice (PDF-format) covering retained commissions on a monthly basis via e-mail. On request, Load.CD GmbH will send invoices by regular mail, charging a handling fee of $5.00 USD per invoice.
Concerning collected fees Load.CD GmbH only acts as a collecting agency for the respective Uploader. If you as the Downloader need an invoice covering the fees, you have to request it from the respective Uploader. As the Uploader, you agree to send each Downloader an invoice covering the download/license fees. For these purposes, Load.CD GmbH might provide the Downloader with your billing address. As the Downloader, you agree to use the Uploader’s address only for issues arising in connection with the entered contract. Any use for commercial/advertisement purposes or providing the address to third parties is prohibited.

9. Withdrawal of Your Money

9.1. General
For a withdrawal, you may choose between a payoff to your PayPal-account, to any other bank account or a physical check through the mail. Generally, Load.CD GmbH will send checks only to verified addresses and will not send checks to P.O.-boxes. If you would like us to send a check to an address that does not meet these criteria, you must contact our customer service and provide the documentation that we request to verify your association with the address.
If the funds in your Prepaid Account contain money that has been credited directly as well as money earned by collecting fees, the part regarding collected fees is paid out, first.
9.2. Forced payoff
If the limit of $1’000.00 USD on your Prepaid Account is exceeded, MusicaNeo will pay off any amount exceeding $500.00 USD to you. If you terminate your membership with MusicaNeo, the total balance left on the Prepaid Account will be paid off, minus payout fees charged by MusicaNeo (see 9.5 below), if applicable.
9.3. Requested withdrawal
The minimum amount to be requested for withdrawal is $10.00 USD plus payout fees charged by MusicaNeo (see 9.5 below), if applicable.
9.4. Payoff regarding funds that have been credited directly
If you request a withdrawal regarding an amount that was credited directly to the Prepaid Account, MusicaNeo may require additional identification like a scan of your passport for anti-money laundering reasons.
9.5. Payoff Fees
If you request a withdrawal regarding an amount you earned by collecting fees, Load.CD GmbH charges no fees for a payoff to a PayPal-account (although there might be fees charged by PayPal). If you request a withdrawal regarding an amount that was directly credited to the Prepaid Account, Load.CD GmbH charges an extra fee of $5.00 USD (added to the following fees, where applicable).
In the case of a payoff to a banking account other than PayPal, Load.CD GmbH will charge a handling fee of $20.00 USD for each payment. Banking fees, especially for transactions to other countries than Switzerland, are with the account holder. In the case of a payoff via check, Load.CD GmbH will charge a handling fee of $30.00 for each payment. If you fail to cash a check during its validity, we will return the funds to your balance, minus an additional fee of $30.00 USD.
9.6. Limits and delays
Load.CD GmbH may limit you to withdrawing no more than $500.00 USD per month. In addition, we may delay withdrawals due to anti-money laundering compliance, while we screen for risk or for Chargeback protection.

10. Downloading and Risk of Loss, Availability of Files

We encourage you to download files you paid for promptly and to make back-up copies of them. If you are unable to complete a download, please contact our customer service. You bear all risk of loss after purchase and for any loss of files you have downloaded, including any loss due to a computer or hard drive crash.

11. Liability

Load.CD GmbH shall not be held liable for slight negligence. Furthermore, Load.CD GmbH shall not be liable for oblique, indirect or secondary damages, consequential damages after defect, loss of profit, deprived savings, loss of earnings as well as loss of data, as far as legally permissible.

Load.CD GmbH shall not be liable for any legal infringements committed by its Customers. If you as a third party detect any infringements, we ask to denote the particular infringement and report it to us using the contact form. Load.CD GmbH may ask you for evidence for the infringement.

Load.CD GmbH will then pursue this information and eliminate an illegal condition. If legally obligated, Load.CD GmbH will then disclose the Customer-related information to the third party for potential prosecution.

Load.CD GmbH cannot guarantee that a Customer really is the person he/she claims to be. Likewise, Load.CD GmbH cannot guarantee that Customers will not infringe or violate any laws or regulations.

Load.CD GmbH does not examine, whether or not the Content provided by its Customers is public domain and/or the Customer is entitled to grant a license.

Load.CD GmbH cannot guarantee uninterrupted and/or reliable access to its website. Load.CD GmbH makes no guarantees whatsoever as to its operation, availability, functionality or otherwise and disclaims possibly arising claims by Customers.

Load.CD GmbH does not supervise whether a Downloader acts according to the license granted by the Uploader. The Uploader shall be responsible for possible litigation.

12. Termination

Load.CD GmbH may terminate your membership, delete your profile and any content or information that you have posted on the site or your or other Customer’s Personal Pages and/or prohibit you from using it for any reason, or no reason, at any time in its sole discretion, with or without notice.

Termination of your membership does not exclude you from any responsibility established by law or by these Terms and Conditions. Not limited to, but in particular, the provisions in Section 6, Customer’s Representations and Warranties, Release from Third Party Claims, shall survive any termination.

13. Miscellaneous

13.1. Data Protection
MusicaNeo’s use of a Customer’s personal information is governed by Load.CD GmbH’s privacy policy, which may be found here.
13.2. Special Admonitions for International Use
Should seervices of Load.CD GmbH (Switzerland) be accessed by a Customer outside of Switzerland, it shall be that Customer’s responsibility to ensure compliance with any local laws to the extent that they do or may apply.
13.3. Applicable Law
Swiss law governs exclusively the business relationship between Load.CD GmbH and the Customer and any dispute of any sort that might arise between the Customer and Load.CD GmbH.
13.4. Place of Jurisdiction
The place of Jurisdiction for all disputes arising from or in connection with the contract shall be Kreuzlingen, Switzerland. Load.CD GmbH shall also be entitled to file a claim at the court of the Customer’s place of residence. Any mandatory provisions regarding exclusive jurisdiction remain unaffected.
13.5. Updates
Load.CD GmbH expressly reserves the right to alter these Terms and Conditions from time to time by posting new Terms and Conditions on its website.
13.6. Severability Clause
If any provision of these Terms and Conditions shall be unlawful, void or unenforceable for any reason, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.