www.closermusic.com WEBSITE REGULATIONS AND RULES FOR USE
WEBSITE REGULATIONS (hereinafter referred to as the “Regulations”)
§.1 GENERAL PROVISIONS
1. www.closermusic.com is a web platform owned by Closer Music Sp. z o.o.
2. Closer Music Sp. z o.o. (formerly Videotronic Media Solutions Sp. z o.o.) with its registered office in Warsaw (02-819) at ul. Puławska 366, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under KRS number 0000282021, NIP 884-262-43-20, REGON: 020531489, with the share capital of PLN 470.600,000
(fully paid up), is the Website’s administrator.
4. The Regulations set out the rules on the use of the Website consisting in allowing Users to acquire a license for production music from the catalogs made available on the Website, in accordance with the procedure set out in these Regulations.
5. The terms used in the Regulations shall mean, respectively:
- a) The Administrator shall mean Closer Music Sp. z o.o. with its registered office in Warsaw.
- b) The Territory shall mean the territory of the whole world.
- c) The Regulations shall mean this document and its appendixes, which form an integral part hereof, governing the rules of use, as well as the operation of the Website.
- d) The Website shall mean the web platform operating at www.closermusic.com
- e) The Music shall mean the production music from the catalogs available on the Website.
- f) The User shall mean a natural person, and a natural person conducting in his own name economic or professional activity or a legal person using the Website.
6. The Website’s Administrator reserves the right at any time to change, suspend or terminate the operation of any part of or the entire Website without the need to inform the User in advance.
7. The Administrator reserves the right to make changes to the Regulations.
8. The Regulations shall apply from the date of their publication on the Website.
9. The Regulations are available on the Website, as well as at the Administrator’s registered office.
§.2 ADMINISTRATOR’S LIABILITY
1. The Administrator shall not be liable for hacking aimed at obtaining User data.
2. The Administrator shall not be liable for any damage resulting from events beyond the Administrator’s control.
3. The Administrator shall not be liable for disruption in the Website’s operation caused by equipment failure or force majeure.
4. The Administrator shall not be liable for any problems in the use of the Website, if they result from improper use of the Website by the User.
5. The Administrator shall be responsible for proper operation of the Website’s IT system.
6. The Administrator declares that in the Territory it is in possession of the author’s economic rights and related rights to artistic performances, as well as the rights of the phonogram producer to the Music made available in the Website’s catalogs. If a third party makes a claim against the User arising out of the breach of the rights to the Music by using the Music under the license granted by the Administrator, the Administrator shall be obliged to release the User from such claims or pay the compensation awarded.
§.3 USER'S LIABILITY
1. The User warrants that any data provided are true.
2. The User shall be solely liable for illegal sharing of the Music downloaded from the Website, any other copyrighted elements of the Website, and for the use of any part or element of the Website without the Administrator’s prior consent.
§.4 PERSONAL DATA AND PROCESSING THEREOF
1. Closer Music Sp. z o.o. is the personal data controller.
2. The User provides personal data voluntarily, but it is necessary to use the Website. Services cannot be rendered, if personal data have not been provided.
3. At any time the User has the right to view, update, change or request deletion of the data processed.
4. The Controller shall use the User’s personal data only to register the User in accordance with the Personal Data Protection Act of 10 May 2018 (i.e. Journal of Laws 2018, item 1000 of 24.05.2018), and, first and foremost, in accordance with the 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 RODO, and the Act on Providing Services Electronically of 18 July 2002 (Journal of Laws of 2002. No. 144, item 1204, as amended) – subject to section 5 below.
6. The Controller may entrust the processing of the Users’ personal data collected to another entity on the basis of the agreement it has entered into with that entity on personal data processing.
7. The Controller informs that the recipients of the personal data shall include the Website hosting providers, entities which deal with its security, state authorities authorized to do so under separate regulations, providers of tools for Website traffic analysis, communication with Users, marketing and the dispatch of newsletters.
8. If personal data are processed in breach of legal requirements, then the User shall have the right to lodge a complaint with the supervisory authority.
9. The User also has the right to object to the processing of personal data for reasons related to the User’s particular situation, if personal data are processed on the basis of legitimate interests.
10. The Controller processes Users’ personal data, and uses them to the extent and for the purpose necessary to provide the services, including in order to inform about the operation of the tool, how it may be used by the User, and what actions are necessary, such as payments, invoices, etc.
11. What constitutes the legal basis for the processing of personal data is Article 6 (1) (b) and Article 6 (1) (f) of GDPR. Marketing of its own services is Controller’s legitimate interest.
12. Personal data shall be processed for the time needed to provide the services to the User and, after the services cease to be provided, for the time necessary to demonstrate the proper fulfillment of the Controller’s duties towards the User. This period shall correspond to the period of limitation of claims. The personal data processed in connection with marketing activities or sending commercial information shall be processed during the period in which the Controller conducted such activities or until the User objects to further processing of personal data for marketing purposes, or withdraws the consent for sending the marketing information to the e-mail address. Withdrawal of the consent shall not affect the lawfulness of the processing prior to the withdrawal.
13. The Controller uses the technical measures required by the applicable data protection regulations to prevent the acquisition and modification by unauthorized persons of personal data sent electronically.
14. The User is not allowed to use the services anonymously or under a pseudonym.
§.5 REGISTRATION AND LOGING IN
1. The registration on the Website is voluntary and free of charge.
2. User’s logging in to the account takes place on the Website.
4. A link to activate the application is sent to the User’s e-mail address.
5. Once the User’s account is accepted by the Administrator, the account is activated and the User is granted limited or unlimited access to the Music, and can download files with the Music of its choice.
7. If the User chooses certain Music, the Administrator shall send to the User the data containing the terms and conditions for using the Music, such as the song title, its authors, the period for which the license has been granted, territory, fields of use and fee.
1. Each User has the right to make a complaint regarding the operation of the Website.
2. Complaints should be sent to the following e-mail address: [email protected]
3. Each complaint shall be examined within 14 working days of its receipt. A response to the complaint shall be sent to the email address provided by the User.
§.7 FINAL PROVISIONS
1. Any disputes arising out of the fulfillment of the obligations related to the Regulations shall be resolved by the competent court in accordance with the provisions of the Code of Civil Procedure.
2. The provisions of the Civil Code, the Copyright and Related Rights Act and the Act on Providing Services Electronically shall apply to matters not covered by the Regulations.
RULES AND CONDITIONS
The Website and Information shall be made available “as is”, and Closer Music Sp. z o.o. makes no warranty or declaration, express or implied, with respect to the information or Website, including, but not limited to, implied warranties or conditions of completeness, accuracy, satisfying quality and fitness for a particular purpose.
The User agrees that, except for death and bodily injury resulting from negligence on the part of Closer Music Sp. z o.o. it shall not be liable under contract or tort on account of negligence, breach of any statutory or other obligations with respect to any loss or damage arising out of the Website’s use or in any other way related to the Website’s use, including, but not limited to, compensation for loss of business opportunities, loss of profits, temporary discontinuation of business activity, loss of business information, or any other financial losses (even if Closer Music Sp. z o.o. has been informed of the possibility of such loss or damage).
RIGHTS GRANTED / RIGHTS RESERVED
The Website has been made available to the User for User’s business (commercial) and private purposes, and the User may be granted a license for certain production music in accordance with the procedures set out in the Website’s Regulations. The Website may not be used for any other purposes, including, but not limited to, the publication, reproduction or broadcasting of any production music without the express written consent of Closer Music Sp. z o.o.
The User acknowledges that:
- a) it is technically impossible to ensure that the Website’s operation is free from any defects;
- b) errors may lead to the Website’s temporary unavailability;
- c) what may adversely affect the Website’s operation is conditions and services provided beyond the Administrator’s control, including, but not limited to, transmission and telecommunication links between Closer Music Sp. z o.o. and Users, between different parts of Closer Music Sp. z o.o. as well as between Closer Music Sp. z o.o. and other systems and networks.
USING THE WEBSITE
The User undertakes not to:
- a) use the Website in a manner that will lead to the Website’s total or partial malfunction, damage, deterioration of performance, efficiency or functionality;
- b) use the Website to transmit or send any computer viruses or defamatory, offensive, obscene or dangerous materials;
- c) use the Website in any manner that infringes the rights of a person or company (including, but not limited to, copyright or confidentiality);
- d) use the Website to transfer any material for promotional or advertising purposes without the Administrator’s prior written consent.
The User acknowledges that all copyrights, trademarks and all other intellectual property rights to the production music from the catalogs made available on the Website remain the property of Closer Music Sp. z o.o.
SUSPENSION AND TERMINATION
The Website reserves the right to terminate cooperation with the User immediately, should the User breach these Rules and Conditions.
CHANGES TO RULES AND CONDITIONS
The Website reserves the right to change these Rules and Conditions from time to time, and User’s further use of the Website after such a change shall be deemed to be User’s acceptance of such a change. The User is responsible for checking the Rules and Conditions on a regular basis in order to see if they have changed. Should the User not agree to any change to the Rules and Conditions, he shall be obliged to discontinue using the Website immediately.
Should any provision of these Regulations prove to be invalid, the validity of the remaining provisions shall not be affected.
These Rules and Conditions shall be governed by Polish law, and the parties hereby irrevocably submit themselves to exclusive jurisdiction of Polish courts.