Terms and Conditions of the Artists Bez Labelu distribution platform
These terms and conditions apply to the distribution platform artists.bezlabelu.cz, not to the general website www.bezlabelu.cz, which has its own general terms and conditions.
You can also download the text of these terms and conditions as a PDF file (in Czech) here .
We also send this text of the terms and conditions as a .pdf attachment to an email.
(For example, when you pay the registration fee or place another order.)
TERMS AND CONDITIONS
OF THE DISTRIBUTION PLATFORM
ARTISTS BEZ LABELU
(hereinafter also the “Terms and Conditions”)
concluded in accordance with the legal order of the Czech Republic and its valid and effective legal regulations, in particular with Act No. 89/2012 Coll., the Civil Code (hereinafter the “CC”), between the following contracting parties:
Operator:
- Bez Labelu s.r.o.
- Company ID (IČO): 07674571, not a VAT payer, data box ID: f45p8fj,
- with its registered office at Korunní 2569/108, 101 00 Praha 10 – Vinohrady,
-
file number: C 305250 - Municipal Court in Prague,
- represented by Ing. Jan Procházka, managing director (jednatel),
- email: info@bezlabelu.cz, phone: +420 737 601 643,
- website: www.bezlabelu.cz, distribution platform: artists.bezlabelu.cz,
on the one part,
and
Provider:
- any natural person, legal entity or natural person engaged in business who agrees to the terms of these Terms and Conditions and who wishes to register or has already registered on the Artists Bez Labelu distribution platform,
on the other part,
hereinafter jointly the “Contracting Parties”.
INTRODUCTORY PROVISIONS
- These Terms and Conditions govern the mutual rights and obligations between Bez Labelu s.r.o. (hereinafter the “Operator”) and a natural person, a natural person engaged in business or a legal entity (hereinafter the “User”) who wishes to set up or already has a user account on the Artists Bez Labelu distribution platform (hereinafter also the “Artists Platform”) at artists.bezlabelu.cz.
- The Artists Platform is a digital distribution platform operated by Bez Labelu s.r.o. and available at artists.bezlabelu.cz. The Artists Platform enables the User to manage and distribute their music to various digital music platforms, services and stores. The Artists Platform provides tools for uploading audio files, metadata and album artwork, giving distribution instructions, tracking statistics and managing royalty payouts.
- These Terms and Conditions do not deal with the distribution of music albums as such, with licensing arrangements or with the technical requirements of distribution – these are governed in detail by the Framework (Sub)Licence Agreement on Digital Distribution (hereinafter the “Framework Agreement”) available on the Bez Labelu website.
- These Terms and Conditions are without prejudice to any other rights or obligations arising from the CC, from Act No. 121/2000 Coll., on Copyright, Rights Related to Copyright and on Amendments to Certain Acts (the Copyright Act), or from other legal regulations.
- The Operator has the right to:
- refuse or remove any content that violates these Terms and Conditions, legal regulations or the rights of third parties,
- suspend or deactivate the User's account in the event of a repeated or serious breach of these Terms and Conditions,
- carry out maintenance, updates or improvements of the Artists Platform, which may result in temporary unavailability of the Artists Platform services,
- change or discontinue the provision of certain features or services on the Artists Platform after prior notice to Users.
- The Operator undertakes to:
- provide the services of the Artists Platform in accordance with these Terms and Conditions and applicable legal regulations,
- protect the User's personal data in accordance with applicable personal data protection laws,
- provide the User with reasonable technical support when using the Artists Platform,
- inform Users of significant changes in the provision of services or in these Terms and Conditions.
REGISTRATION AND USER ACCOUNT
- Users may set up a user account on the Artists Platform for the purpose of using the distribution services provided by the Operator (hereinafter the “User Account”). Registration is conditional upon consent to these Terms and Conditions and the provision of the necessary personal data. The User is obliged to provide correct and complete data and to update this data regularly. By accepting these Terms and Conditions, the User enters into a contractual relationship with the Operator.
- The data provided by the User in the User Account is considered correct by the Operator. The User is obliged to ensure that all information provided in their User Account is always up to date and true. In the event of a change in any data necessary for the proper functioning of the account or the provision of services, the User is obliged to make these changes without undue delay.
- Registration on the Artists Platform is subject to a one-off fee for activating the User Account at artists.bezlabelu.cz (hereinafter the “Registration Fee”), the amount of which is stated on the Operator's website. This fee is non-refundable unless expressly agreed otherwise. Exceptions are cases where the Operator has fundamentally breached its obligations under these Terms and Conditions, or where the right to withdraw from the contract under Section 1829 CC is exercised, if this right is applicable, or other cases provided for by law. The User acknowledges that the right to withdraw from the contract does not apply where the service has been fully provided before the withdrawal period expires, in accordance with Section 1837(a) CC. The Registration Fee serves to cover the administrative costs associated with setting up the User Account and its subsequent administration. The Registration Fee is paid via the Operator's e-shop. The conclusion of the purchase contract relating to the Registration Fee and any withdrawal from this purchase contract are governed by the General Terms and Conditions of the Operator's e-shop, including the relevant Notice on the Right to Withdraw from a Contract, unless these Terms and Conditions or the Framework Agreement provide otherwise. The relationship between the Operator and the User regarding distribution as such is governed by these Terms and Conditions and the Framework Agreement.
- After successful completion of the registration process, the User is given access to their User Account, which allows them to use the services of the Artists Platform, including uploading audio files, album artwork and metadata, giving instructions for the distribution of musical works, accessing statistics, submitting requests for royalty payouts, etc.
- The User Account is non-transferable and may be used exclusively by the person who set it up. The User is responsible for managing their User Account, including keeping their login credentials secure. The User undertakes to keep their login credentials secret and not to allow third parties access to the account. In the event of unauthorised access (by a third party) to the User's User Account, the User is obliged to inform the Operator of this fact without delay. The Operator bears no liability for damage caused by unauthorised use of the User Account.
- The Operator reserves the right to monitor activity on the User's account in order to ensure compliance with these Terms and Conditions and the security of the system.
- The Operator reserves the right to temporarily restrict or suspend the User's access to the User Account on the Operator's web interface at any time for reasons of maintenance, system updates or other technical reasons, without the User being entitled to compensation for damage or a refund of the Registration Fee.
- The User may request the cancellation of their User Account at any time. Upon cancellation of the account, the User loses access to all services provided through the Artists Platform, all distributed albums will be removed from distribution and the remaining royalties will be paid out to the User in accordance with paragraph 9 of Article VI. The User is not entitled to a refund of the Registration Fee.
- The Operator reserves the right to deactivate the User Account if the User breaches these Terms and Conditions, provides false or incomplete data, or otherwise acts in breach of legal regulations. If the User Account is deactivated due to a breach of these terms, the User is not entitled to a refund of the Registration Fee.
- The User is obliged to keep complete, true and up-to-date data in the User Account, in particular their first name and surname or business name, address of permanent residence or registered office, phone number, email address (and any other contact details) and bank account number. The Operator is entitled to ask the User at any time to complete or update this data. The User is obliged to comply with the request within 14 days of its delivery. If the User fails to comply with the request within the specified period or provides false data, the Operator is entitled to suspend the provision of services, make the User Account inaccessible or withdraw from the contract.
- The User is obliged to keep their own backup copies of all recordings, images and metadata uploaded to the Artists Platform. The Operator is not liable for loss of or damage to data caused by a technical failure, a cyber attack, force majeure or any other event beyond its control.
- After termination of the contract, the User's account will be deactivated. The Operator will retain the User's data for the period necessary to settle all obligations (including payouts of outstanding royalties) and to fulfil its statutory obligations; operational data associated with the account for no longer than 1 year after termination of the contract, accounting and tax documents for the period stipulated by legal regulations, but no longer than 10 years. The User has the right to request an export of their data before the contract is terminated.
ROYALTY PAYOUTS
- For the purposes of these Terms and Conditions, a royalty means the financial amount received from end distribution platforms for the use of the User's music recordings (streaming, downloads, etc.) distributed through the Operator's Artists Platform (hereinafter the “Royalty”). The amount of individual Royalties is governed by the terms of the specific distribution platforms. Royalties are credited for each play or download and are added up cumulatively in the User Account. Royalties can only be paid out once a minimum cumulative amount of CZK 1,000 is reached or in accordance with the conditions set out in the Framework Agreement.
- The amount of individual royalties is calculated on the basis of income from the distribution of albums after deducting the Operator's commission and all costs and fees specified in the Framework Agreement, including any deductions, fees, penalties or other charges applied by digital platforms or subcontractors; all in accordance with Article VI of this agreement.
- The User is obliged to have current and correct payment details in their User Account so that Royalties can be paid out correctly. Royalties are paid out in accordance with the conditions set out in the Framework Agreement. The Operator bears no liability for delays in the payout of Royalties caused by incorrect or outdated payment details provided by the User, including an incorrect account number or other payment details.
- All Royalties and records of their payout are kept in the User Account in Czech crowns (CZK). Payout is also possible in another currency (in particular EUR). When converting to another currency, the current exchange rate of the Operator's bank on the day the payment is processed is used, and any bank charges are borne by the User.
DISTRIBUTION OF MUSIC ALBUMS
- Any release eligible for distribution must contain at least one audio recording, metadata and an image (hereinafter the “Album”). For the purposes of these Terms and Conditions, each release is referred to as an Album, regardless of whether it is a full-length album, an EP or a single.
- The Operator is entitled to unilaterally modify, extend or restrict the list of end digital platforms to which it provides distribution at any time. The current list is continuously published and updated on the Operator's website or in the web interface of the Artists Platform. A change to this list does not in itself constitute a change to these Terms and Conditions. The Operator will inform Users of significant changes by email or by a notice in the web interface, where possible.
- The resulting time before a distributed Album becomes available on the end platforms does not depend on the Operator – each platform processes the content received independently and according to its own rules and schedules. The Operator bears no liability for delays or other complications that may arise during this process.
- The User is responsible for ensuring that the distributed Album meets all legal and licensing requirements, does not infringe the rights of third parties and does not contain illegal or otherwise inappropriate material.
- The User is obliged to deliver/provide all information and materials necessary for distribution through the Artists Platform, including audio recordings, album artwork, metadata and other information required for the correct processing and publication of the Album on the end platforms chosen by the User.
- The User gives the distribution instruction through the Artists Platform. In the event of technical difficulties or at the express request of the User, the Operator may also give the instruction on the User's behalf.
- The Operator reserves the right to refuse to distribute an Album if it has reasonable grounds to suspect that the work violates legal regulations, licence agreements or the rights of third parties. In such a case, the User is not entitled to claim compensation for damage or a refund of the Registration Fee.
- To activate the YouTube Content ID service, the User is obliged to confirm the terms of use of this service by email. In order for a recording to comply with the rules of the YouTube Content ID service, it must not contain non-exclusive or collectively licensed instrumentals (so-called “non-exclusive beats”, stock/royalty-free libraries, leased beats, etc.) that are used by several authors at the same time or are publicly offered for repeated use. Only the User's own original recordings, or instrumentals for which the User holds an exclusive licence for use in the given recording to the extent necessary for claim management in the Content ID system, are permitted. The User acknowledges that YouTube Content ID is a system for the protection of copyright and related rights and for claim management, that the service is not available to the User by default and that it can only be activated after special authorisation has been granted by the Operator. The Operator reserves the right to withdraw access to this service or to exclude a recording from Content ID at any time if there is a reasonable suspicion that the recording does not meet the conditions of the YouTube Content ID system or could lead to incorrect or conflicting claims.
- To activate the Facebook Fingerprinting service, the User is obliged to confirm the terms of use of this service by email. In order for a recording to comply with the rules of the Facebook Fingerprinting service, it must not contain non-exclusive or collectively licensed instrumentals (so-called “non-exclusive beats”, stock/royalty-free libraries, leased beats, etc.) that are used by several authors at the same time or are publicly offered for repeated use. Only the User's own original recordings, or instrumentals for which the User holds an exclusive licence for use in the given recording to the extent necessary for claim management in the Facebook Fingerprinting system, are permitted. The User acknowledges that Facebook Fingerprinting is a system for the protection of copyright and related rights and for claim management, that the service is not available to the User by default and that it can only be activated after special authorisation has been granted by the Operator. The Operator reserves the right to withdraw access to this service or to exclude a recording from Facebook Fingerprinting at any time if there is a reasonable suspicion that the recording does not meet the conditions of this platform's system or could lead to incorrect or conflicting claims.
- The User acknowledges and agrees that the distribution of content through the Operator's services is also subject to the contractual terms of the individual end platforms to which the content is distributed. By sending content for distribution to a specific platform, the User confirms that they have read the terms of that platform and undertakes to comply with them. The current terms of the individual platforms are available on their websites. The User acknowledges that these terms may be changed unilaterally by the platforms and is obliged to keep track of their changes on an ongoing basis. If the User does not agree with the updated terms, they are obliged to request the removal of their content from the relevant platform without delay or to remove it themselves. Continued distribution is deemed to constitute consent to the current terms of the platforms concerned.
- Once the relevant functionality has been implemented in the Artists Platform, the User is obliged to properly label all content created or modified using artificial intelligence (AI) in accordance with the requirements of the end platforms.
PROTECTION OF COPYRIGHT AND OTHER RIGHTS
AND LIABILITY OF THE USER
- The User undertakes to use the Artists Platform exclusively in accordance with these Terms and Conditions and applicable legal regulations. Any conduct of the User that could disrupt or damage the functionality of the Artists Platform or restrict its use by other Users is prohibited. The User must not manipulate distributed content in a way that would lead to the infringement of copyright or other rights of third parties.
- If any third party (e.g. an end platform, a subcontractor of Bez Labelu or a rights holder, etc.) raises an objection concerning the rights to a recording or a suspicion of copyright infringement, the User is obliged to cooperate actively in resolving such situations and to provide all necessary documents and evidence to demonstrate the legitimacy of their conduct.
- In the event of repeated problems with unauthorised distribution or serious infringements of the rights of third parties, the following sanctions will be applied:
- First and second warning: The User will be informed of the suspected copyright infringement and will be given a period of 7 days to provide the necessary licences or an explanation of the situation. If these documents are not submitted within the specified period, the Operator reserves the right to remove the recording in question from distribution.
- Third warning: If there is a further warning concerning another audio recording and the User does not provide the necessary licences and information within 7 days, the Operator will immediately remove all of the User's distributed Albums from distribution and deactivate the User's User Account. The User is not entitled to a refund of the Registration Fee or to any other compensation.
- Deactivation of the User Account and removal of the distributed works from distribution do not release the User from legal liability for infringement of the rights of third parties. The User remains liable for any legal consequences that may arise from unauthorised distribution or any other infringement of rights.
- The Operator will provide maximum cooperation to public authorities, collecting societies and other authorised entities in investigating infringements of rights, including providing all necessary information and documents.
- The Operator reserves the right to take further steps to protect its rights, including recovering damage caused by infringement of copyright or other rights of third parties.
- The User undertakes to refrain from all practices of artificially inflating plays (so-called artificial streaming) and other prohibited practices defined in the terms of the platforms. The User acknowledges that end platforms may impose fees and sanctions for such violations. All such fees are borne in full by the User. Details are set out in the Framework Agreement. A breach of this provision is grounds for immediate termination of access to the Artists Platform.
- In the event of a reasonable suspicion of artificial streaming or other practices prohibited under the terms of the platforms, the Operator is entitled to suspend the distribution of the content concerned without delay and to request an explanation and relevant documents from the User. If a repeated or serious breach of this prohibition is established, the Operator is entitled to terminate the contractual relationship with the User, remove the content concerned from all platforms and permanently make the User's User Account inaccessible. This is without prejudice to the Operator's other rights under these Terms and Conditions and the Framework Agreement, in particular the right to compensation for damage and to reimbursement of fees, fines and sanctions imposed by end platforms.
FINAL PROVISIONS
- These Terms and Conditions are issued by the Operator electronically and in the Czech language. In the event of any discrepancies between any language versions, the Czech version shall prevail.
- All legal relationships arising on the basis of these Terms and Conditions are governed by the law of the Czech Republic. The Contracting Parties undertake to resolve all disputes primarily amicably and/or out of court. If the parties fail to reach an agreement, any disputes will be resolved before the competent court in the Czech Republic.
- All communication between the Contracting Parties concerning the Terms and Conditions will take place electronically via the email addresses stated in these Terms and Conditions, unless the parties agree otherwise; the User declares that the Operator may also contact them at the email address that the User has stated in their User Account at the time in question. Email messages are deemed delivered no later than the working day following their sending, unless the sender receives a non-delivery notification.
- Communication with the Operator takes place without any special charges. The User only pays the standard rates of their telecommunications service provider.
- The User gives the Operator consent to the processing of personal data for the purpose of performing the obligations arising from these Terms and Conditions. The administration and processing of the User's personal data is governed by the personal data processing rules set out in the separate document “Personal Data Processing Policy” available on the Operator's website. The Operator undertakes to protect the User's personal data and to use it only in accordance with these rules.
- Without the User's prior written consent, the Operator is not entitled to assign the rights and obligations under these Terms and Conditions to a third party; this does not apply to persons who provide the Operator with technical, accounting, billing or distribution services (subcontractors) to the extent necessary for performance under these Terms and Conditions and the Framework Agreement, provided that the User's rights are not affected thereby. The use of subcontractors under the previous sentence does not release the Operator from liability for the proper performance of its obligations.
- The User undertakes to notify the Operator without delay of all changes to their contact details, personal data and other important facts or information in connection with the subject and purpose of these Terms and Conditions, for the entire period during which the User has an active account on the Artists Platform. The same applies to updating the data stated in the User's User Account. Costs that the User causes or brings about by failing to act in accordance with the previous sentence are borne by the User.
- If it is not possible to contact the User because false, incomplete or outdated data has been provided, or due to technical obstacles on the User's side (e.g. a non-functioning email address, a full mailbox, etc.), or if the User does not respond to the Operator's requests for more than 3 months, the Operator is entitled to end the distribution of all of their content and to make their User Account inaccessible. Unpaid Royalties of such a User will be held for a period of 1 year from the day distribution ended. If the User does not claim the payout of the Royalties within this period, their right to the payout lapses and the Royalties are forfeited in favour of the Operator as compensation for the administrative costs associated with managing the account.
- Upon termination of the cooperation and removal of all content from distribution, Royalties will be paid out to the User for a period of 1 year from the day following the day on which the request to remove all content is sent to the end platforms. The Royalties will be paid out in a single payment after this period expires, regardless of the amount of the Royalty balance, or earlier at the User's request if the cumulative amount exceeds CZK 1,000. If the User requests the payout of an amount lower than CZK 1,000 before the one-year period expires, the current amount of Royalties will be paid out to them and their right to any further Royalties lapses at that moment. After the one-year period expires, the right to unpaid Royalties lapses and these are forfeited in favour of the Operator.
- The termination of the registration and of the contractual relationship does not extinguish rights and obligations which by their nature are to continue after termination, in particular the provisions on liability for damage, protection of personal data, settlement of Royalties and liability for breaches of the platforms' terms. The User remains liable for all fees and sanctions imposed by end platforms in connection with their content distributed during the term of the contractual relationship, even if these fees or sanctions are invoiced or applied only after the contractual relationship has ended.
- These Terms and Conditions of the Artists Bez Labelu distribution platform replace all previous Terms and Conditions of the Artists Bez Labelu distribution platform.
- If any provision of these Terms and Conditions becomes invalid or unenforceable, this shall not affect the validity and enforceability of the other provisions of these Terms and Conditions. The Contracting Parties undertake to replace such an invalid or unenforceable provision with a valid and enforceable provision that corresponds as closely as possible to the original purpose of the invalid or unenforceable provision.
- These Terms and Conditions form an integral part of the Framework Agreement; the content of the Framework Agreement is extended by the text of these Terms and Conditions. In the event of a conflict between the Terms and Conditions and the Framework Agreement, the provisions of the Framework Agreement shall prevail.
- The Contracting Parties undertake to keep all materials and/or information provided in the course of their mutual cooperation strictly confidential and not to use them for any purpose other than performance under the Terms and Conditions. The obligation of confidentiality regarding confidential information lasts for the entire period during which the User has an active account on the Artists Platform, and also after the contractual relationship has ended.
- The Contracting Parties undertake to take sufficient measures to prevent the leakage of data, information or any other details relating to materials and/or information provided in the course of their mutual cooperation in all its aspects. Sufficient measures mean, for example, various procedural, technological and technical measures in physical and/or electronic form (e.g. strong passwords, multi-factor authentication, antivirus programs, etc.). The Contracting Parties are obliged to report to each other without delay any incident involving the leakage of such materials or information and to accept any legal consequences.
- The Contracting Parties undertake to mutually maintain each other's good name and not to damage the reputation of the other party, even after the contractual relationship has ended.
- All rights to the Operator's Artists Platform, in particular the copyright to its content, including the page layout, photos, films, graphics, trademarks, logo and other content and elements, belong to the Operator. It is prohibited to copy, modify or otherwise use the websites of the Artists Platform or any part of them without the Operator's consent.
- If the User is a consumer within the meaning of Section 419 CC, they have the right to withdraw from the contract in the cases and under the conditions laid down by the CC, in particular Section 1829 et seq. (contracts concluded at a distance), unless agreed otherwise and unless the exceptions to the right of withdrawal under Section 1837 CC apply. The right of withdrawal does not apply where the service has been fully provided before the withdrawal period expires with the User's prior express consent and their confirmation that they have been informed that by giving this consent they lose the right of withdrawal (Section 1837(a) CC). A model withdrawal form and the Information on the Right of Withdrawal are available on the Operator's website.
- The User may contact the Operator with any questions or requests for the resolution of problems via the contact details stated on the Operator's website. The Operator undertakes to respond to the User's questions or requests within a reasonable time, as a rule within 14 working days.
- The User may report a defect in the services provided by email to info@bezlabelu.cz. The report must describe the defect and how it manifests itself. The Operator undertakes to respond without undue delay, no later than 30 days from delivery of the report, and, in the case of an acknowledged defect, to provide reasonable remedy. This is without prejudice to the User's statutory rights arising from defective performance under the CC.
- The Operator bears no liability for technical problems, system outages or loss of data caused by unauthorised interference or technical failures not directly caused by the Operator. Nor does the Operator bear any liability for any damage incurred by the User as a result of the temporary unavailability of the Artists Platform.
- Neither Contracting Party is liable for delay or impossibility of performance caused by force majeure (in particular natural disasters, armed conflicts, terrorist attacks, cyber attacks on critical infrastructure, outages of third parties – platforms or service providers – beyond the Operator's control).
- The Artists Platform may not always be available, e.g. during maintenance. However, the Operator undertakes to inform Users of planned outages in advance, where possible.
- The rights and obligations arising from the Terms and Conditions automatically pass to the legal successors of both Contracting Parties.
- A consumer has the right to the out-of-court resolution of a consumer dispute arising from the contract before the competent body – the Czech Trade Inspection Authority (Česká obchodní inspekce, ČOI). Czech Trade Inspection Authority – Central Inspectorate, Gorazdova 1969/24, 120 00 Praha 2, email: adr@coi.cz, website: https://www.coi.cz, online form for initiating proceedings: https://adr.coi.cz. Proceedings may be initiated within 1 year from the day on which the consumer first asserted their right with the trader.
- The Operator may make any changes and amendments to these Terms and Conditions, which take effect after their publication on the Operator's website and their sending to the User by email. The Operator undertakes to inform the User of any changes and amendments at least 30 days before they take effect. If the User does not agree with these changes, they have the right to withdraw from the contract within 30 days of their notification by sending an email to the Operator's address stated in the Terms and Conditions. After this period expires, the changes are deemed agreed to and accepted by the User. The existing provisions of these Terms and Conditions remain in force until the changes take effect. If the User terminates the contract before the date on which the changes take effect, the terms valid during the term of the contractual relationship apply to the settlement of the relationship.
Consent to and acceptance of these Terms and Conditions is confirmed by the User completing registration on the Artists Platform by submitting the registration form. If the User does not withdraw from the contractual relationship when the Terms and Conditions are changed in accordance with paragraph 26 of Article VI, they are deemed to agree to the new terms. The User undertakes to comply with the Terms and Conditions for the entire period during which they have an active User Account on the Artists Platform.
These Terms and Conditions take effect on 10 October 2025.
(For clients registered before this date, they take effect only on 11 November 2025.)