WEBSITE RULES
General Provisions
1. The Website www.universalproductionmusic.com is a web portal owned by Universal Music Publishing sp. z o.o..
2. The Administrator of the Website is UNIVERSAL MUSIC PUBLISHING sp. z o.o. seated in Gdańsk (80-225), ul. Wassowskiego 17/1 entered into the National Court Register kept by the District Court Gdańsk-Północ in Gdańsk, the 7th Commercial Division under KRS number 0000077972 with the share capital of PLN 50 000.00, REGON: 010965103, NIP: 5241018659, Management Board: Ewa Zając – President of the Management Board.
3. Registration and use of the Website is subject to acceptance of these Rules.
4. These Rules set forth the principles of using the Website, which is to enable the users to buy licences for production music from the catalogues placed on the Website in accordance with the procedure set out in these Rules.
5. The terms used in these Rules shall mean as follows:
(a) Administrator shall mean Universal Music Publishing sp. z o.o. seated in Gdańsk;
(b) Territory shall mean the territory of Poland;
(c) The Rules shall mean this document and its appendices forming its integral part that shall govern the terms and conditions of use and operation of the Website;
(d) Website shall mean the web portal hosted at www.universalproductionmusic.com;
(e) Music shall mean the production music from the catalogues of the Website;
(f) User shall mean a natural or legal person using the Music.
6. The Website Administrator reserves the right to change, suspend or discontinue operation of any part of the Website at any time without prior notice.
7. The Administrator reserves the right to make changes to the Rules.
8. The Rules shall apply from the date of its publication on the Website.
9. The Rules shall be available on the Website, as well as at the Administrator's registered place of business.
Administrator’s Responsibility
1. The Administrator shall not be responsible for hacking, aimed at obtaining the users' data.
2. The Administrator shall not be responsible for damages resulting from events beyond the Administrator's control.
3. The Administrator shall not be responsible for interrupted operation of the Website caused by hardware failure, force majeure.
4. The Administrator shall not be responsible for problems related to the use of the Website, if they arise from misuse of the Website by the user.
5. The Administrator shall be responsible for the proper operation of the Website IT system.
6. The Administrator declares that it owns, in Territory, copyrights and related rights to the artistic performances as well as rights of the producer of the phonogram to the Music available in the Website catalogues. In the event that a third party lodges claims against the user in respect of breaching the rights to the Music by using the Music in accordance with the licence granted by the Administrator, the Administrator shall be obliged to release the user from such claims or pay the compensation awarded.
User’s Responsibility
1. The user warrants that any information provided by it is true.
2. The user shall be solely responsible for the illegal sharing the music downloaded from the Website.
Personal Data andProcessing
1. The Administrator of the personal data is Universal Music Publishing sp. z o.o.
2. The user voluntarily submits its personal data, however, it is necessary to use the Service. Provision of services will not be possible without providing personal data.
3. The user may, at any time, view the processed data, update or change it, except for the email address provided before or request its removal.
4. The Administrator shall use the personal data of the user only to register it in accordance with the provisions of the Personal Data Protection Act of 10 May 2018 (i.e. OJ 2018.1000 of 24.05.2018) and in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, hereinafter referred to as GDPR and the Act on Providing Services by Electronic Means of 18 July 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended).
5. Registration and processing the user's personal data shall be consistent with the terms and conditions set forth in the in the Privacy Policy available on the Website.
6. The Administrator may entrust the processing of collected personal data of Users to another entity under an agreement concluded with the Administrator to entrust the processing of personal data.
7. The Administrator informs that the recipients of personal data will be: Site hosting providers, dealing with its security, state authorities authorised by separate regulations to do so, providers of tools to analyse website traffic, communicate with Users, perform marketing activities and send newsletters.
8. If personal data are processed in violation of legal requirements, the User will be entitled to lodge a complaint with the supervisory authority.
9. The User may also object to the processing of personal data for reasons related to the specific situation of the User, if the personal data will be processed on legitimate interest basis.
10. The Operator processes the Users' personal data and uses them to the extent and for the purpose necessary for the provision of services, including information on the operation of the tool, the possible use of the tool by the User as well as the necessary activities such as payments, invoices, etc.
11. The legal basis for the processing of personal data is Article 6(1)(b) and Article 6(1)(f) of the GPRD. The legitimate interest of the Operator is to market its own services.
12. Personal data will be processed for the period of time necessary for the provision of Services to the User, and after the completion of their provision for the period of time necessary to demonstrate the correct fulfilment of the Administrator's duties in favour of the User. This period of time corresponds to the duration of the statute of limitations for claims. Personal data processed within the limits of marketing activities will be processed for the period of time the Administrator performs such activities or until the User's objection to further processing of personal data for marketing purposes, or withdrawal of consent to send marketing information to the e-mail address. Withdrawal of consent does not affect the legality of the processing before the withdrawal.
13. The Operator uses technical means required by current regulations on personal data protection in order to prevent unauthorised persons from collecting and modifying personal data sent electronically.
14. The User cannot use the Services anonymously or under a pseudonym.
15. Personal data of the Users will be transferred to countries outside the European Economic Area, i.e. to:
a. the United States of America in accordance with the standard contractual clauses, which will require the entities receiving the data to protect them appropriately;
Registration and Login
1. Registration on the Website is voluntary and free of charge.
2. The user shall login to the created account on the Website.
3. In order to create an account, the User shall submit the following data: forename and surname, company data, email address and contact telephone number.
4. An activation link shall be sent to the email address provided by the user.
5. Once the Administrator has accepted the user's account it shall be activated, and the user shall be granted unlimited or unlimited access to the Music and be able to download files with the selected Music.
6. Creating user’s account shall mean its acceptance of the Rules.
7. If the user chooses particular Music, the Administrator shall send it a music cue sheet containing the terms of use of the Music, such as the title of the track, its authors, period for which the licence is granted, territory, utilisation aspects and remuneration.
Complaints
1. Every user is entitled to submit complaints about the operation of the Website.
2. Complaints should be submitted to the following email address: maciej@parismusic.com.pl
3. Each complaint shall be processed within 14 working days of its receipt. Reply to the complaint shall be sent to the email address indicated by the user.
Final Provisions
1. Any and all disputes arising out of the performance of obligations under the Rules shall be settled by the competent court in accordance with the provisions of the Code of Civil Procedure.
2. The provisions of the Civil Code, Act on Copyright and Related Rights and the Act on Providing Services by Electronic Means shall apply to the matters not provided for herein.
TERMS AND CONDITIONS
Warranty
The Website and the information are provided on an "as is" and "as available" basis and Universal Production Music makes no warranties or representations, whether express or implied, in relation to the information or the Website, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose.
Liability
The User agrees that, except for death and personal injury arising from the negligence of Universal Production Music, Universal Production Music shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with this contract, including without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary loss (even where Universal Production Music has been advised of the possibility of such loss or damage).
Rights Granted/Rights Reserved
The Website is provided to the User solely for the business purposes of the User and the User may licence the relevant production music in accordance with the procedure set out on the Website. The Website may not be used for any other purpose, including but not limited to, publication, reproduction, or transmission of any production music without the express written permission of Universal Music Publishing sp. z o.o. or Universal Production Music.
The Website
The User acknowledges:
(a) that it is technically impossible to provide the Website free of faults ;
(b) that faults may lead to temporary unavailability of the Website;
(c) that the operation of the Website may be adversely affected by conditions and performances outside Administrator’s and Universal Production Music's control, including without limitation, transmission and telecommunications links between Universal Production Music and Users, between different parts of Universal Production Music, and between Universal Production Music and other systems and networks.
Use Of The Website
The User undertakes:
(a) that it shall not make any use of the Website such that the whole or part of the Website is interrupted, damaged, rendered less efficient, or the effectiveness or functionality of the Website is in any way impaired;
(b) not to use the Website for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character;
(c) not to use the Website in a manner which constitutes a violation or infringement of any person, firm or company (including but not limited to rights of copyright or confidentiality);
(d) that it shall not use the Website to transmit any material for the purposes of publicity, promotion and/or advertising without the prior written consent of Administrator or Universal Production Music.
Intellectual Property
The User acknowledges that all copyright, trade marks and all other intellectual property rights in the production music from the catalogs of the Website shall remain vested in Universal Music Publishing sp. z o.o..
Suspension And Termination
The Website shall have the right to immediately terminate the cooperation with the User if the User commits a breach of the Terms and Conditions.
Changes To The Terms And Conditions
The Website reserves the right to change these terms and conditions from time to time, and the User's continued use of the Website following of such change shall be deemed to be the User's acceptance of any such change. It is the User's responsibility to check this file regularly to determine whether the terms and conditions have been changed. If the User does not agree to any change to the terms and conditions of this privacy policy then the User must immediately stop using the Website.
Severability
If any provision of this Agreement is held to be invalid or unenforceable in any respect
such invalidity or unenforceability shall not affect the validity or enforceability of the remainder of other provisions.
No Waiver
No waiver by Universal Production Music shall be construed as a waiver of any preceding or succeeding breach of any provision.
Choice Of Law
This privacy policy shall be governed by Polish law and the parties hereby irrecoverably submit to the exclusive jurisdiction of the Polish Courts.