Terms of use for the GEMA Online Portal
Art. 1 Use of the Online Portal
(1) The Online Portal is a service of GEMA to its members and customers for managing their affairs with GEMA and for processing queries. Use of the portal is voluntary. No member or customer is obliged to use the portal.
(2) Any person who is either a member or a customer of GEMA or who has been authorised by a member or a customer of GEMA to manage their affairs with GEMA or who is employed by a member or a customer of GEMA is entitled to use this portal. Minors may only use the Online Portal with the consent of their legal representative. Upon request of GEMA, proof of consent must be produced in writing.
(3) Use of the Online Portal is free of charge. Fees or other payment obligations may result from the conclusion of licence agreements or the commissioning of services of GEMA via the Online Portal. The user is expressly advised of the incurrence of costs for the services of GEMA prior to the conclusion of a licence agreement or the commissioning of a service.
Art. 2 User registration; Log-in
(1) The use of the Online Portal requires the user to register. Registration takes place in accordance with the so-called double opt-in process: the user must first register with his/her first and last name, his/her e-mail address and his/her user role (member or customer). After registration, an e-mail with a confirmation link is sent to the e-mail address provided by the user. The user must click on this confirmation link and create a secure and suitable password of his/her own choice in order to activate the account. Once the account has been activated, the user can use the Online Portal.activate the account. Once the account has been activated, the user can use the Online Portal.
(2) Members may only register with an e-mail address assigned to them personally. Publisher employees must use their business e-mail address, the use of a private e-mail address is prohibited for these persons
(3) The e-mail address provided by the user shall also be used by GEMA for correspondence with the user.
(4) The user has the option of linking his/her account with the data entered at GEMA as a member or a customer. To link the accounts, it is necessary to enter an access code (for customers) or to apply for activation of the online service (for members).
(5) Using the Online Portal as a member requires a two-factor-authentication for each log-in. Authentication is either done by using the chosen personal password and a verification code which is sent to the e-mail address provided by the member or by using the chosen personal password and the application “Okta Verify App”, “Google Authenticator” or “Okta Fast Pass”. The member is free to choose the methods of authentication. GEMA provides authentication by using the personally chosen password and verification codes as a standard. Using the applications “Okta Verify App”, “Google Authenticator” or “Okta Fast Pass” takes place at the member’s own risk and expense. In the case of using any of these applications, the terms of use and/or the general terms and conditions of the respective provider shall apply additionally GEMA assumes no liability for any damage incurred in connection with these applications. The member may make changes to the two-factor-authentication at any time.
(6) When using the Online Portal as a customer, the use of the two-factor-authentication is voluntary for each log-in. GEMA offers customers to set up two-factor-authentication. Authentication is either done by using the personally chosen password and a verification code which is sent to the e-mail address provided by the customer or by using the chosen personal password and the application “Okta Verify App”, “Google Authenticator” or “Okta Fast Pass”. The customer is free to choose the methods of authentication. GEMA provides authentication by using the personally chosen password and verification codes as a standard. Using the applications “Okta Verify App”, “Google Authenticator” or “Okta Fast Pass” takes place at the customer’s own risk and expense. In the case of using any of these applications, the terms of use and/or the general terms and conditions of the respective provider shall apply additionally. GEMA assumes no liability for any damage incurred in connection with these applications. The customer may make changes to the two-factor-authentication at any time.
Art. 3 Contents and functions of the Online Portal
(1) GEMA provides the following functions, among others, as part of the Online Portal:
a) For members
• Mailbox to communicate with Member Services
• Royalties overview
• Master data administration
• Repertoire overview
• Submission and administration of setlists
• Registration of works
• Repertoire search
• Financial overview
• Identification of music uses
• Claims for and changes to work categorisations
• Registration of audiovisual productions
• Soundfile upload
• Managing Online Portal privileges
• Pay-out claims
• Storage of automatically and future self-generated files
b) For customers
• Mailbox to communicate with Customer Services
• Calculation of licence fees for music uses
• Notification and administration of music events and/or music uses
• Submission and administration of (re-)production notifications
• Conclusion and administration of licence agreements
• Master data administration
• Administration of GEMA invoices
• Submission and administration of setlists
• Repertoire search
• Financial overview
It may, in certain cases, only be possible to use individual functions if the user has linked his/her account with the data entered at GEMA as a member or customer.
(2) GEMA reserves the right to change, whether in full or in part, to discontinue or remove content and functions of the Online Portal at any time and/or to completely suspend the operation of the Online Portal.
(3) GEMA does not guarantee to provide the Online Portal free of errors of any kind at any time and that temporary failures and interruptions may therefore not occur.
(4) GEMA does not guarantee uninterrupted availability of the Online Portal. GEMA reserves the right, in particular, to interrupt or restrict access and availability for the purpose of maintenance and work on the Online Portal or to switch off the Online Portal in order to ensure the security of use and proper functioning of the Online Portal. Such limitations to availability shall not give rise to any claims by a user against GEMA. The user shall have no right to constant availability of the Online Portal. In cases where there are availability issues, GEMA will endeavour to remedy disruptions within its remit of responsibility without delay.
(5) Furthermore, GEMA emphasizes that the availability of the Online Portal also depends on factors that are beyond the control of GEMA (e.g. transmission capacities). GEMA assumes no liability for disruptions where the Online Portal is not accessible or only accessible to a limited extent via the internet due to technical or other issues which are beyond the control of GEMA (force majeure, faults by third parties etc.).
(6) The user is responsible for his/her technical equipment for the purposes of accessing the Online Portal. The costs for this and for the online access shall be borne by the user himself/herself. GEMA reserves the right to change the technical parameters for the Online Portal at any time and to adapt it to technical developments.
Art. 4 Obligations of the users
(1) The user may only use the Online Portal for managing his/her affairs or affairs of the authorising party (grantor) with GEMA and for sending queries to GEMA. Use for any other purposes is prohibited. The user undertakes to use the Online Portal exclusively in an appropriate manner and not to infringe any applicable legal provisions, contractual provisions or morality when using it. In particular, the user undertakes not to use the Online Portal improperly, not to infringe any rights of GEMA or third parties (e.g. industrial property rights and copyrights) when using it, to comply with the principles of data security recognised for the protection of data and to observe the obligations of the data protection provisions.
(2) The user is obliged to provide only true, accurate, current and complete information within his/her account. The user is obliged to update his/her personal data, in particular the e-mail address or postal address, in the Online Portal in the event of any change without delay, or to notify GEMA about the change.
(3) Only the user is personally authorised to use his/her access to the Online Portal. The user is not authorised to give his/her access to another person. If employees wish to access their company’s or publisher’s account, they must register themselves as users in the Online Portal and be authorised for access to the account of their company or publisher. The user undertakes to protect his/her username, the personally chosen password and the access code sent to him/her from unauthorised access by third parties. The user is responsible for any and all actions taken using his/her login details in connection with his/her password and access code. If the user becomes aware of any misuse of his/her registration data, he/she must notify GEMA thereof without delay GEMA shall not be liable for any damage resulting from unauthorised sharing or inadequate storage of the password.
(4) Publishers have the option to directly manage the users with access to their account. A user, determined by the publisher, is assigned an “Admin” [Administrator] function. The Admin can issue access privileges to users who are allocated to the publisher in the Online Portal within the account. Access privileges can be granted for the scope (limitation of specific functionalities) and the nature (write or read access) of the use of the account. Publishers are responsible for managing the access rights of the users allocated to them. If the Admin is no longer working for the publisher, an authorised party of the publisher must inform GEMA in good time about this so that the “Admin” function can be revoked. GEMA assumes no liability for any damage resulting from the administration of access rights, in particular the allocation of access rights, by the respective publisher.
(5) The user is prohibited from interfering with or attempting to interfere with the functional capability of the Online Portal him/herself or through third parties by means of technical actions (e.g. hacking attempts, spreading viruses, Trojans or similar). If the user submits data via the Online Portal
(e.g. by means of uploads), he/she must ensure that said data is free of viruses, worms, Trojans or other harmful files or programs. The user shall be liable for any and all damages caused to GEMA or to third parties by his/her uploading harmful files or programs.
Art. 5 Property rights / Ownership of data
(1) All content included in or provided through the Online Portal such as texts, graphics, logos, images and data collections, is the property of GEMA or the property of third parties who supply content or make it available on the Online Portal.
(2) The user may only exploit the information, documents and services provided to the user in the Online Portal to the extent agreed upon or, if nothing has been agreed upon, as is necessary for the purpose intended with the provision, in particular the management of his/her affairs with GEMA. To this extent, the user is also entitled to copy and save the information, documents and services provided.
(3) The user of the Online Portal may not extract and/or re-use parts of a function provided within the scope of the Online Portal without the express written consent of GEMA. In particular, a user may not, without the express written consent of GEMA, engage in data mining or scraping, use robotic programs or similar data collection and extraction programs that automatically retrieve content from the Online Portal to which the user is granted access. By the same token, a user may not extract substantial parts of the Online Portal without the express written consent of GEMA. Users are prohibited from creating and/or publishing their own database that contains substantial parts or data of a function provided via the Online Portal without express written consent.
Art. 6 Liability
(1) Unless otherwise agreed or stipulated, GEMA shall be liable to the user for injuries to life, limb, health and other damage resulting from an intentional or grossly negligent breach of duty on the part of GEMA, its legal representatives or vicarious agents, or the mandatory liability under the Product Liability Act or other cases of mandatory liability stipulated by law. Otherwise, GEMA shall be liable if it has culpably breached a material contractual obligation (“Kardinalpflicht” [cardinal obligation]), in the event of a slightly negligent breach of duty limited to the damages foreseeable at the time of conclusion of the contract and typical for the contract. Material contractual obligations are those whose fulfilment is essential to the proper performance of the contract and on whose fulfilment the contractual partner may regularly rely.
(2) There shall be no further liability of GEMA. In particular, GEMA shall not accept any guarantee for the accuracy, completeness, reliability and timeliness of the content it provides.
(3) Insofar as liability for GEMA is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.
(4) The user shall indemnify GEMA, its parent companies and subsidiaries as well as other companies affiliated with GEMA, the employees of GEMA as well as vicarious agents of GEMA against all claims asserted by third parties against GEMA due to an infringement by the user of statutory provisions, of rights of third parties or of these terms of use. This includes attorney's fees and court costs in each case.
Art. 7 Termination of use
(1) The user may terminate the use of the Online Portal at any time. If a user wishes to terminate the use of the Online Portal, he/she must inform GEMA without delay. GEMA deletes the respective account within 30 days upon notification by the user.
(2) GEMA reserves the right to disable the account at any time, if there is good cause, in particular if there are doubts regarding compliance with these terms of use, if the functions on this Online Portal are misused, if the user infringes applicable laws when using the Online Portal, if the user employs programs that automatically retrieve content from the Online Portal to which GEMA has granted the user access within the scope of use of the Online Portal or in the event of longer-term inactivity.
Art. 8 Data protection
The data protection policy of GEMA applies. Information on data protection, in particular information according to Art. 13 GDPR, is published on the GEMA website under https://www.gema.de/en/data-protection.
Art. 9 Final provisions
(1) The invalidity or non-executability of any of these foregoing provisions shall not affect the validity of the remaining terms of use. If a provision is invalid or inexecutable, the parties undertake to agree on a provision that comes as close as possible to the intentions of GEMA and the user.
(2) Additional terms and conditions may apply for the use of certain functions such as the conclusion of licence agreements. Said terms and conditions are without prejudice to these terms of use.
(3) GEMA reserves the right to change these terms of use in the event of changes in the law, changes in the legal circumstances of GEMA, changes in case law, technical changes and expansion of functionalities. GEMA shall inform the users by e-mail of any amendment to the terms of use by notifying them of the amended provisions. The user has the right to terminate his/her use of the Online Portal within 14 days upon receipt of the notification. Provided that the user does not exercise this right or does not object to the amendment of the terms of use within 14 days vis-à-vis GEMA, his/her consent to the amended terms of use shall be deemed granted. The receipt of the objection shall be decisive for the calculation of the deadline. In case of failure to object or object in due time, or failure to terminate the use of the Online Portal or to terminate the use of the Online Portal in due time, the terms of use as amended shall apply. GEMA shall point out this legal consequence when notifying the changes.
(4) The law of the Federal Republic of Germany shall apply exclusively between GEMA and the user, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction is Munich, provided that the users are traders, legal entities under public law or special funds under public law.