Disclaimer

Read these conditions of use (hereinafter: the Conditions) carefully before using this website (hereinafter: the Site). By using the Site you acknowledge that you are aware of the Conditions and that you agree to them. If you do not agree to one or more stipulations of the Conditions, you must not use the Site.

A. General

A.1.Changing the Conditions

Buma/Stemra retains the right to amend or change the Conditions unilaterally. Your using the Site after the Conditions have been amended means that you agree to the changed Conditions. Buma/Stemra may amend the contents of the Site and add or remove parts. Some applications on the Buma/Stemra Site are subject to special conditions of use. These special conditions can stipulate that they take precedence over these Conditions.

These Conditions were last amended on 19 September 2006.

A.2.Intellectual property rights

The copyright in and other intellectual property rights to the text, illustrations and other protected material on the Site rest with Buma/Stemra and the rightholders of that material respectively. The rights referred to are not transferred in any way whatsoever to persons who gain access to this Site.

A.3.Permitted use

You may only download a single copy of the material made available on the Site for your personal, non-commercial use, unless expressly stated otherwise on the Site.

Copying and using the forms and rates shown on the Site for the purpose indicated in their conditions is permitted.

You may not otherwise copy, change, distribute, disseminate or use in any way the material made available without the express written prior permission of Buma/Stemra.

Framing the Site or parts thereof is prohibited without the express written permission of Buma/Stemra. Hyperlinking is permitted as long as Buma/Stemra is informed of it.

A.4.Liability

The information on this Site is of a general nature and is carefully put together and maintained by Buma/Stemra. However, Buma/Stemra cannot guarantee the information is complete and correct. The information provided is not intended to replace expert or personal advice. Should you nevertheless use the information provided on this Site without verification or further consultation, you do so at your own risk and at your own expense.

The information provided on this Site is provided ‘as is’, and Buma/Stemra cannot accept any liability whatsoever or any consequences, such as loss or loss of profits, as a result of the use, trusting in or actions undertaken as a result of information on this Site.

Furthermore, Buma/Stemra is not responsible under any circumstances for errors or interruptions in the Site’s functionalities.

In the event of conflict between the conditions of specific products or services and these Conditions, the conditions of the specific products or services shall take precedence.

You are fully responsible for all information you provide to us.

The Buma/Stemra Site contains links to websites of third parties, over which Buma/Stemra has no control. Buma/Stemra does not perform any checks in connection with these websites or their contents. Using such links is entirely at your own risk.

Buma/Stemra accepts no responsibility or liability with respect to the contents, use or availability of these websites.

A.5.Privacy statement

Unless stated otherwise on the Site, the personal details you enter on the Site will be used only for Buma/Stemra’s normal tasks and work. These data will not be issued to third parties, unless it is in connection with Buma/Stemra’s tasks and work.

The Site may use cookies. These consist of standard Internet technology with which Buma/Stemra can store certain login information on the visitor’s system and make it accessible. Cookies cannot be used to identify persons, only machines. You can set your computer up so that it does not accept cookies.

A.6.Applicable law

Buma/Stemra is an association/foundation according to Dutch law. By visiting the Buma/Stemra Site, you agree to the application of Dutch law and with the judgements by the courts in the Netherlands on comments, complaints and so forth in connection with the Site.

B.Portal for Buma/Stemra rightholders

B.1.Introduction

The aforementioned Conditions apply insofar as they are not expressly deviated from below.

The information on the section of the Site referred to (hereinafter: the Portal) is accessible for rightholders who at their own request have received a User ID and Password from Buma/Stemra. The rightholder must first submit a personal request for a User ID and Password to Buma/Stemra by letter or e-mail.

Furthermore, the Portal is suitable for communicating personal data that can be linked to a single specific rightholder through a combination of User ID and Password. First and foremost it is about the application in connection with payment specifications (statements).

Not all browsers can display the Portal. In order to be able to use all the functionalities, a rightholder needs to have a web browser that supports 128-bit SSL, preferably Internet Explorer 5.0 or higher.

B.2.Security, requesting a password

To prevent unauthorised persons gaining access to personal data, a rightholder who personally requests a User ID and Password from Buma/Stemra by post or e-mail will receive them by post. Personal data are accessible once the User ID and Password have been entered via the Portal.

It is a good idea to keep the User ID and Password in a secret place. After all, the User ID and Password are the key to a user’s private details on our site and it makes sense to be as careful with them as with one’s own house keys.

A User ID and Password must be kept absolutely secret.  The rightholder with a User ID and Password guarantees Buma/Stemra that his/her User ID and Password will not be used by unauthorised persons.

If a rightholder suspects that his/her User ID or Password  is known by or could be known by an unauthorised third party, Buma/Stemra must be informed immediately, preferably by e-mail to: info@bumastemra.nl.

Buma/Stemra will then amend the list of Passwords by changing the Password. This will normally be done on a workday, within 24 hours of Buma/Stemra being warned. No modifications will take place at weekends.

A new Password will be sent by post as soon as possible. A rightholder can request a new Password in the same way if the old Password has been forgotten.

B.3.Confidentiality of data

Encryption employing the HTTPS protocol (128-bit Secure Socket Layer 2) is used for data traffic via the Portal that involves confidential personal data such as logins, requesting payment specifications (statements) and so forth. This limits the chance of interception or line tapping to a minimum. In addition, every rightholder has to identify himself or herself by entering the User ID and Password before confidential data can be retrieved.

B.4.Liability

Requesting a User ID and Password means that the rightholder wishes, at his or her own risk and expense, to make his or her personal data available via the Portal by using a User ID and Password, in the manner provided by Buma/Stemra. The rightholder is liable for the consequences of any misuse, incorrect use or unauthorised use of the User ID or Password.

Buma/Stemra shall not be liable for any loss arising from the assignment and sending by post of User IDs and Passwords, or from any use of them whatsoever.

In addition, Buma/Stemra shall not be liable for any damage arising from the linking of User IDs and Passwords to data, irrespective of the use or impossibility of the use of Portal applications.

B.5.Payment specifications (statements)

No rights whatsoever may be derived from the payment specifications on the Portal.

Only Buma/Stemra’s administrative data and the written payment specifications sent by Buma/Stemra that are derived from them have any legal value.

B.6.Online declaration of works

No rights whatsoever towards Buma/Stemra may be derived from the online declaration of data about works via the Buma/Stemra Portal. This is why Buma/Stemra regularly sends a written confirmation summary of the online declarations for signature by the rightholder.

Only when Buma/Stemra gets this signed overview back does this constitute a legitimate declaration in the context of Article 5 Clause 1 of Buma and Stemra’s repartition regulations and in the context of Article 6 Clause 2 of Buma and Stemra’s commercial exploitation contract.

C.Portal for Buma/Stemra music users

C.1.Introduction

The aforementioned Conditions apply insofar as they are not expressly deviated from below.
The information on the section of the Site referred to (hereinafter: the Portal) is accessible to music users who at their own request have received a User ID and Password from Buma/Stemra. The music user must first submit a personal request for a User ID and Password to Buma/Stemra through the Buma/Stemra website.
Furthermore, the Portal is suitable for communicating personal data that can be linked to a single specific music user through a combination of User ID and Password. First and foremost, this relates to the application in connection with requesting, viewing and terminating licence(s) requested online.

Not all browsers can display the Portal. In order to be able to use all the functionalities, a music user needs to have a web browser that supports 128-bit SSL, preferably Internet Explorer 5.0 or higher.

C.2.Security, requesting a password

To prevent unauthorised persons gaining access to personal data, a music user who personally requests this through the Buma/Stemra website receives an e-mail which he can use to activate his account by clicking the link in the e-mail which will forward the music user to a secure section of the Buma/Stemra website where the music user can select a password.. Once the account is activated, the music user receives his/her user name by e-mail which gives the music user access to the Portal. Personal data are accessible once the User ID and Password have been entered via the Portal.

It is a good idea to keep the User ID and Password in a secret place. After all, the User ID and Password are the key to a user’s private details on our site and it makes sense to be as careful with them as with one’s own house keys.

A User ID and Password must be kept absolutely secret. The music user with a User ID and Password guarantees Buma/Stemra that his/her User ID and Password will not be used by unauthorised persons.

If a music user suspects that his/her User ID or Password is known by or could be known by an unauthorised third party, Buma/Stemra must be informed immediately, preferably by e-mail to: info@bumastemra.nl.

Buma/Stemra will then amend the list of Passwords by changing the Password. This will normally be done on a workday, within 24 hours of Buma/Stemra being warned. No modifications will take place at weekends.

A link enabling the user to enter a new Password will be sent by e-mail as soon as possible.

A music user can request a new Password in the same way if the old Password has been forgotten.

C.3.Confidentiality of data

Encryption employing the HTTPS protocol (128-bit Secure Socket Layer 2) is used for data traffic via the Portal that involves confidential personal data such as logins, licence viewings (requests), retrieving my details and so forth. This limits the chance of interception or line tapping to a minimum. In addition, every rightholder has to identify himself or herself by entering the User ID and Password before confidential data can be retrieved.

C.4.Liability

Requesting a User ID and Password means that the music user wishes, at his or her own risk and expense, to make his or her personal data available via the Portal by using a User ID and Password, in the manner provided by Buma/Stemra. The music user is liable for the consequences of any misuse, incorrect use or unauthorised use of the User ID or Password.
Buma/Stemra shall not be liable for any loss arising from the assignment and sending by post of User IDs and Passwords, or from any use of them whatsoever.

In addition, Buma/Stemra shall not be liable for any damage arising from the linking of User IDs and Passwords to data, irrespective of the use or impossibility of the use of Portal applications.