Terms and conditions of use -
Rights and obligations when registering a sub-publishing agreement online
1. The following Terms and Conditions of Use are supplemental to the provisions of the Rights Administration Agreement, to which reference is explicitly made, and govern your rights and obligations with regard to the registration of sub-publishing agreements through the Members area of SUISA’s website (“Online registration of sub-publishing agreements”).
By clicking the button “Register sub-publishing agreement” and using the online registration option, you undertake to comply with the Rights Administration Agreement and these Terms and Conditions of Use.
2. You have the non-exclusive personal right to register your sub-publishing agreements online using the form made available on the SUISA website.
3. Sub-publishing agreements may be registered online by the Administrator(s) of the account and by users to whom an Administrator has granted access rights and assigned this service. All such persons undertake to prevent access by unauthorised third parties. SUISA declines any liability for unauthorised access.
4. In accordance with international practice, the online form is available in English only. For clarification or other queries, please contact the publisher team in the Members department: email@example.com or +41 (0)44 485 68 20
5. You undertake to provide complete and true information about the registered sub-publishing agreements, namely about the contracting parties, term of agreement (valid from/to), type of agreement (general or specific works), territorial scope (Territories), and the shares (distribution key) of the participants in the work or works (division of shares).
In the case of sub-publishing agreements covering specific works, a list of the works covered by the agreement must be attached (as an electronic file).
6. You represent and warrant to SUISA that you are empowered to register the sub-publishing agreement on behalf of all the participants in the work or works. You are obligated to provide the other participants with a copy of the sub-publishing agreement (e.g. by forwarding the confirmation email or sending a hardcopy of the registration print-out).
7. You must communicate your correct current email address to SUISA.
8. SUISA will send you an automatic confirmation of receipt by email for each online registration of a sub-publishing agreement received. The confirmation of receipt has no legal effects and cannot be relied upon to assert any claims. It simply acknowledges that an online registration of a sub-publishing agreement has been received.
9. SUISA records the registered sub-publishing agreement, changes the division of shares in the work or works accordingly in the SUISA database, electronically processes the relevant data which it then uses for managing the rights in the registered work or works, and makes the data available to its foreign sister societies. Article 6.3 of the Rights Administration Agreement applies with regard to the protection of personal data.
10. a) In the event of conflict with previously registered rights or claims of other participants, especially regarding works that are already sub-published, you will be asked to produce the valid contracts and substantiation within 30 days.
If SUISA does not receive the requisite documents, the registration of the work or works will not be modified. If you submit a valid sub-publishing agreement, the participants concerned, notably the other sub-publisher, will be notified of the conflict and given a 30-day time limit to state their case and file any relevant documents (in particular the other sub-publishing agreement).
If the other participant(s) fail(s) to adequately state their case and file the requisite documents within the 30-day time limit, SUISA shall grant them a 30-day extension.
If adequate substantiation or documents, notably the other sub-publishing agreement, are not submitted within the extended time limit, SUISA may assume that the agreement filed by you is valid and register it in accordance with point 9 above and delete the other agreement; SUISA shall inform you and the other participants accordingly in writing. Conversely, if the previously registered rights and claims are adequately substantiated, in particular through presentation of a valid sub-publishing agreement, SUISA shall block the affected works in accordance with Article 1.4 of the Distribution Rules and will usually grant you or the other participant, in particular the other sub-publisher, a time limit of six months to resolve the dispute (to reach agreement or initiate proceedings). Where justified, this time limit may be extended for a further six months. If during this period agreement cannot be reached and no legal proceedings are initiated, SUISA may assume that the previously registered rights and claims are valid and, therefore, reject your application for registration, refrain from registering the sub-publishing agreement and release the blocking of the works; SUISA shall inform you and the other participants accordingly in writing.
b) If objections are received from participants, and notably from the publisher, against your registration of a sub-publishing agreement, the objections will be communicated to you, and you shall be given a 30-day time limit to state your case and file any missing or additional documents (especially a copy of the sub-publishing agreement). If your sub-publishing agreement has already been registered, the registration shall be reversed until the matter is clarified.
If you fail to adequately state your case and do not file the requisite documents within the set time limit, SUISA will grant you an additional 30-day period to do so. If you still fail to produce adequate substantiation or documents, notably the sub-publishing agreement, within the extended time limit, SUISA may assume that the objections were well-founded and definitively reject your registration application.
If, on the other hand, you provide adequate substantiation and documents, in particular a copy of the sub-publishing agreement, SUISA may block the affected work(s) in accordance with Article 1.4 of the Distribution Rules and will usually grant you or the other participant, in particular the publisher, a time limit of six months to resolve the dispute (to reach agreement or initiate proceedings). Where justified, this time limit may be extended for a further six months. If during this period agreement cannot be reached and no legal proceedings are initiated, SUISA may assume that the objections are not justified and, unless already done, register the sub-publishing agreement in accordance with point 8 and release the blocking of the works; SUISA shall inform you and the other participants accordingly in wiriting.
11. To access to the Member area of the SUISA website and register sub-publishing agreements online, you must follow a two-step authentication procedure. The access codes must be handled confidentially and safeguarded against misuse by third parties.If, as Administrator, you entrust other administrators or users with the online registration of sub-publishing agreements, you must ensure that the authorised administrators and users comply with these Terms and Conditions of Use. You are liable for the acts and omissions of such administrators and users as for your own. SUISA declines all responsibility in this regard.
12. The proper functioning of the online registration of sub-publishing agreements is monitored during normal business hours. SUISA uses its best efforts to ensure that the online registration service is available around the clock. It cannot, however, guarantee permanent availability and reserves the right to interrupt access at any time without giving reasons. SUISA is not liable for any damages arising from the interruption of the online registration of sub-publishing agreement service or from errors, technical breakdowns, disturbances or misuse in the transmission and processing of data.
You are aware that the transmission of online registrations of sub-publishing agreements is not coded and that the security and confidentiality of the relevant data cannot be guaranteed.
In the ambit of its administration activities, SUISA may monitor, log, record and evaluate data transmissions in connection with online registrations of sub-publishing agreements.
13. You are liable for all direct and indirect damages incurred by SUISA as a result of any infringement of these Terms and Conditions of Use, and you undertake to hold SUISA, its sister societies and any other persons fully harmless from any third party claims (including indirect costs such as legal and court fees). Furthermore, SUISA reserves the right to temporarily or permanently block your access to the Members area of its website.
If you provide false or incomplete information about the registered sub-publishing agreement, e.g. concerning the rights of other declared participants, the contractual term of validity, territorial scope, or the division of shares between the individual participants (distribution key), SUISA shall be entitled to invoice you or the declaring publisher for the cost of the ensuing clarifications and re-registration at the rate of CHF 100 per hour, and to charge the payment account accordingly.
All further compensation claims (especially for damages) are reserved.
14. The online registration of sub-publishing agreements on the SUISA website is currently supported by the following browsers: Internet Explorer (from version 11), Firefox (from version 30). Chrome (from version 35), Safari (from version 7).
You yourself are responsible for the technical equipment of the computer used to access the online registration of sub-publishing agreement service. SUISA reserves the right to change the technical specifications for the use of its online registration of sub-publishing agreement service at any time.
15. These Terms and Conditions of Use may be amended at any time.