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Declaration 1: Correctness of the date of birth

Wording

You confirm that the date of birth you have given is correct. The statement is self declared. 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. For the age limits of 16 and 18 years to take effect on a particular day, a date is needed. An age given 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, together with Article 6(1)(c) in conjunction with the rules 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 single user. That would go beyond what the purpose requires and would conflict with the principle of data minimisation under Article 5(1)(c) of the General Data Protection Regulation.

What governs is therefore your declaration. The safeguard lies in the consequences of incorrect statements; they are described in declaration 3.

Who can see your date of birth

You yourself see it in your profile settings.

Staff with administration rights see it only to the extent necessary for handling an application to change the age or for an artist verification.

Beyond that, nobody sees it. The date of birth appears on no public profile, in no search and in no interface. What is publicly visible is only your username, and for verified artists the artist name.

Your age is not passed outward either. What is transmitted is solely the result of the check whether a particular piece of content is released for you.

Later change

The date of birth cannot be changed by you after registration. An age limit that the person concerned could lift themselves would not be an age limit.

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

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

Your rights

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

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

Note on this language version

The provider is established in Germany and the contract is governed by German law. In the event of a discrepancy, the German wording of this declaration governs. Which language version you were shown is recorded together with your declaration.

Declaration 2: Consent of the legal guardian for minors

Wording

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

If you are 18 or older, the declaration does not apply to you; you then confirm no further fact.

Why the consent is required

A minor who has completed their seventh year requires the consent of their legal guardian for a declaration of intent by which they do not merely obtain a legal advantage (section 107 of the German Civil Code). Without that consent the contract is provisionally invalid and only becomes effective upon approval by the legal guardian (section 108).

Asking about the consent therefore starts at the contract itself. That is the legally sound route.

What deliberately does not appear 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 correct in that generality.

Under German law, liability of the legal guardian requires a breach of the duty of supervision (section 832 of the German Civil Code). It does not follow from parenthood alone. A clause that asserts more than the law provides is invalid in case of doubt and offers no protection.

No proof required

The consent of the legal guardian is not separately evidenced or verified with them. This corresponds to the handling of the age statement: what governs is your declaration, not a document you have to produce.

Age dependent content

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

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

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

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

This check takes place on the server, and at every point that delivers content: during playback, in playlists, in the search, when opened through a direct link, on artist profiles and for publications. A restriction that only worked at a single point would not be a restriction.

Further provisions

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

Note on this language version

The provider is established in Germany and the contract is governed by German law. In the event of a discrepancy, the German wording of this declaration governs. Which language version you were shown is recorded together with your declaration.

Declaration 3: Consequences of incorrect statements and liability

Wording on the consequences of incorrect statements

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

If you are responsible for the termination of the contract, there is no claim to a proportionate refund of charges 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 governed by contract. A blanket exclusion of refunds would as a rule not survive a content review under sections 307 to 309 of the German Civil Code, because it would also cover claims that cannot be excluded. These include in particular the right of withdrawal under sections 355 and 356 of the German Civil Code and the warranty rights.

The provision made here, by contrast, is tied to responsibility and expressly leaves statutory rights unaffected.

Wording on liability

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

Anyone who makes incorrect statements is liable under the statutory provisions. In the case of minors, liability of the legal guardian is likewise governed by the statutory provisions, in particular section 832 of the German Civil Code.

What the limitation of liability does not cover

Liability for intent and gross negligence, for injury to life, body or health and liability under the German Product Liability Act is neither excluded nor excludable. Liability for the breach of essential contractual obligations also 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

Blocking an account because of incorrect statements is based on the provider's proprietary rights and on the right to terminate for good cause under section 314 of the German Civil Code. It is independent of the question whether a refund or liability provision is effective in the individual case.

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

Relationship to the terms and conditions

This declaration points out to you the consequences of incorrect statements. The contractual provision itself is in the terms and conditions, in particular in sections 8, 11 and 14. These are reachable through the footer of every page and are separately incorporated at registration.

Where this declaration and the terms and conditions diverge, the terms and conditions prevail.

Note on this language version

The provider is established in Germany and the contract is governed by German law. In the event of a discrepancy, the German wording of this declaration governs. Which language version you were shown is recorded together with your declaration.