This agreement was written in German. To the extent any translated version of this agreement conflicts with the German version, the German version controls.
1.2 The term BUDDE refers to the owner of the website whose registered office is Hohenzollerndamm 54a, 14199 Berlin, Germany. The term 'you' refers to the user or viewer of our website.
1.3 inside.buddemusic.com is an online paperless royalty statement service that BUDDE provides exclusively to its clients, which may include song writers, music publishing companies, artists, or respective agents, or anyone else with whom BUDDE may have a royalty contract (collectively, “users”, "clients,", "customers" or "you"). The Service provides our clients with an easy-to-use web-based tool that allows you to (among other things) view detailed royalty activity and print or download the royalty statements to your computer (e.g., pdf, Excel data file). Furthermore, BUDDE provides you with various information on the subject of music publishing.
1.4 The usage of the website service is free of charge.
1.5 To access or modify your account information, a user name and password as well as the notification of a current e-mail address is needed. BUDDE is entitled but not obliged to verify the access data.
1.6 The access to the user website will be activated after the dispatch of the online registration by the user. The user will be notified via e-mail about the activation of the account. The contract shall become valid by the activation of the account.
1.7 If you have any questions or comments about this Policy or the security of your royalty information, please contact us via email at firstname.lastname@example.org.
2.1 The user may use the website for lawful purposes only. The user must not use the website for any commercial purposes (neither of user himself nor any third parties).
2.2 The user will not do anything that could disable, overburden, or impair the proper working or appearance of the website.
2.3 The user shall be responsible for ensuring that he is not inhibited by other bindings to fulfil this contract and that no other contractual bindings to any third parties shall cause demands on the contents of this contract. The user guarantees that such content does not violate the rights of third parties. The content provided by user must not be insulting, discriminating, threatening, libellous, racist, sexist, pornographic, obscene or glorify violence and must not violate any copyright and trademark law as well as privacy privileges of third parties. User must not use the website in any way that breaches any local, national or international law or regulation or licence which is applicable to you, or which is in any way unlawful or fraudulent. In the event that user creates a linking to an owned or external website, user guarantees that he is entitled to place the hyperlink and that the linked website does not clash with the guarantees of this contract. User will not hold BUDDE accountable for any legitimate third party claims and hold BUDDE harmless against any liabilities, costs or expense resulting therefrom
3.1 BUDDE is not obliged to publish the content uploaded by user on the website. BUDDE reserves the right to refuse accepting content and/or suspend or delete existing content without giving reasons. BUDDE reserves the right to delete existing content, in particular if the rights of third parties may be infringed or if content offend against the “Nettiquette”.
3.2 BUDDE is entitled to block the user access and to terminate this contract, if user does not use the login data for a period of at least one year or in the event of an important reason that justifies an immediate cancellation, respectively. The blocking of the access is to be considered as the procedure for termination.
3.3 BUDDE is the owner or the licensee of all intellectual property rights in the website, and in the material published on it. In these terms, “intellectual property rights” means patents, registered and unregistered trademarks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), rights in performances, database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.
3.4 BUDDE is entitled to use the name of the user for advertising purposes in context to the contractual usage.
3.5 The user is aware that the content provided on the website can be downloaded by third parties and that this is technically unavoidable. BUDDE does not assume any liability for content adopted by third parties in that way.
The user grants BUDDE or third parties designated by BUDDE the simple, non-exclusive right of use, unlimited in time and without geographic restrictions on the content, to use the content within the framework of the website for commercial purposes in favour of BUDDE. BUDDE hereby accepts this assignment of rights.
5.1 The contract shall run for an indefinite period and may be cancelled with immediate effect by either party in writing (e-mail is sufficient). A cancellation of the contract is without prejudice to the copyright exploitation rights and authorities pursuant to number 5. of this agreement.
5.2 BUDDE may change these terms and conditions at any time with a 6-weeks prior notice. In that event, the user shall have the right to extraordinary cancellation, which must be enforced within two weeks after notification (e-mail is sufficient).
5.3 The termination shall be deemed by conclusive behaviour if BUDDE blocks the user account or if user signs out of the website.
The usage of the website in terms of a client portal requires the electronic storage, use and processing of the personal data of the user. User hereby grants expressed permission thereunto. BUDDE ensures that stored data and information remains confidential and shall be used within the limits of the statutory provisions, in particular data protection regulations, only.
7.1 Amendments or additions to this agreement shall be made in writing (e-mail is sufficient) in order to become legally effective. This provision shall also apply to any waiver of the requirement for written form.
7.3 The law of the Federal Republic of Germany shall apply.