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Terms and conditions of use online registration of sub-publishing agreements

1. The following terms and conditions of use govern your rights and duties for the registration of sub-publishing agreements via the member area of the SUISA website (“Online sub-publishing agreement registration”) in addition to the provisions of the rights administration agreement which we would like to expressly draw your attention to.
By clicking on the respective button and by using the online sub-publishing registration option, you make a binding declaration that you will adhere to the provisions of the rights administration agreement as well as the conditions mentioned hereinafter.

2. You shall have the non-exclusive, non-assignable personal right to register your sub-publishing agreements online by using the form made available on the SUISA website.

3. In line with international standards, the online form shall only be available in English. In case there are any comprehension issues or if you have any other queries, please contact the publisher team in our member services department: publishers@suisa.ch or +41 (0)44 485 68 20.

4. You shall be obliged to provide complete and truthful details on the registered sub-publishing agreements, particularly in relation to the contracting parties, the contract duration (valid from/to), the contract type (general or specific works), the countries that shall be covered by the contract (territories) and the level of share allocation (distribution key) of the entitled parties on the work or works (division of shares).
A list of the works registered by the publisher (in electronic file format) shall be submitted with the registration of a sub-publishing agreement on certain works (specific works).

5. You shall guarantee vis-a-vis SUISA that you are authorised to register the sub-publishing agreement on behalf of all parties involved in the work or the works. You shall be obliged to submit a copy of the sub-publishing registration to the publisher without delay (e.g. by forwarding the confirmation e-mail or passing on a printed copy of the registration).

6. You shall be obliged to provide SUISA with your current and correct e-mail address at all times.

7. SUISA shall send you an automated confirmation of receipt by e-mail for each received online sub-publishing registration. The confirmation of receipt shall have no legal effects and thus does not provide the grounds for legal claims; it shall exclusively serve the purpose to inform that the online sub-publishing registration has been received.

8. SUISA shall: register the sub-publishing agreements you submitted, change the shares in the work(s) in the SUISA works database accordingly, process your details electronically, use them for the management of your rights, and provide them to sister societies abroad. With regards to data protection, item 6.3 of the General Terms and Conditions.

9. a) In cases where there is a conflict with already registered rights or claims by other entitled parties, especially if a work has already been sub-published, you will be prompted to submit the relevant valid agreements and evidence within 30 days.
If SUISA does not receive the requested documents, the work(s) shall not be amended. If you have submitted a valid sub-publishing agreement, the conflict shall be indicated to the entitled party/parties, especially to the other sub-publisher, and they shall be prompted to issue a statement on the matter subject to a deadline of 30 days, and to submit any relevant documentation (in particular the other sub-publishing agreement).
Should the other entitled party/parties not issue a sufficient statement and/or submit sufficient documentation within the mentioned deadline, SUISA will extend the deadline by 30 days.
If no sufficient statement is issued and/or sufficient documentation is submitted, especially not regarding another sub-publishing agreement, within the extended deadline, SUISA may assume the validity of your agreement, register it pursuant to item 8 while deleting the other agreement, and inform you and and other entitled party/parties in writing about this. If the rights or claims that have already been registered are sufficiently justified, however, especially if another valid sub-publishing agreement is submitted, SUISA will suspend the affected works pursuant to item 1.4. of the distribution rules and usually sets up a deadline of 6 months, usually for you or the other entitled party, especially the other sub-publisher, to settle the dispute (to reach an agreement or to take legal action). The deadline may, in justified cases, be extended by a further 6 months. Should there be no agreement or legal action within this deadline, SUISA may assume the validity of the already registered rights and claims, reject your notification, not register the submitted sub-publishing agreement and lift the work suspension, and inform you and the other entitled party/parties in writing about this.

b) In cases where the entitled parties, especially the publisher, file an objection against the registration of your sub-publishing agreement, SUISA will inform you about the objection and you will be prompted to issue a statement subject and submit any missing or additional documentation (especially a copy of the sub-publishing agreement) within a deadline of 30 days. Any registrations that have already been made will be reversed until the matter has been clarified.
Should you not issue a sufficient statement and/or submit sufficient documentation within the mentioned deadline, SUISA will extend the deadline for you by 30 days.
Should you not issue a sufficient statement and/or submit sufficient  documentation, especially a sub-publishing agreement, within this extended deadline, SUISA may assume that the objections were justified and shall positively reject your notification.
Should you issue a sufficient statement and/or submit sufficient documentation, especially a copy of the sub-publishing agreement, SUISA suspends  the affected work(s) and sets a deadline of 6 months pursuant to item 1.4 of the distribution rules, usually for the other entitled party, especially the publisher, or for yourself, to settle the dispute (to reach an agreement or to take legal action). The deadline may, in justified cases, be extended by a further 6 months. Should there be no agreement or legal action within this deadline, SUISA may assume the objections were not justified and, unless this has already happened, register your submitted sub-publishing agreement pursuant to item 8 and lift the work suspension, and inform you and the other entitled party in writing about this.

10. You can access the member area of the SUISA website and therefore also to the online sub-publishing registration by entering your username and password. You must treat both confidentially and protect them from misuse by third parties. If you authorise third parties with the online registration of your sub-publishing agreements, you must guarantee that the authorised third parties adhere to these terms and conditions of use. You are responsible for the acts and omissions of such third parties and your own.

11. The proper functioning of the online sub-publishing registration will be monitored during the usual office hours. SUISA endeavours to facilitate an online sub-publishing registration around the clock. SUISA can, however, not guarantee a 24/7 availability and therefore reserves the right to interrupt access without providing any reasons. SUISA shall not be liable for any damage arising form interrupted access to the online sub-publishing registration or arising from errors, technical faults or misuse in relation to the data transfer or the data processing.

You are aware and acknowledge that the communication in relation to the online sub-publishing registration may be unencrypted and that the security and confidentiality of the data transfer can therefore not be guaranteed.

SUISA shall be authorised to control, log, save and process the data traffic in relation to the online sub-publishing registration in the course of its business activities.   

12. If you do not adhere to these terms and conditions of use, you shall be liable for any subsequent direct and indirect damage arising for SUISA, and you shall have to completely indemnify SUISA and its sister societies from any and all subsequent claims raised by third parties (including indirect expenses, such as legal and administrative costs). SUISA also has the right to block your access to the member area on the SUISA website temporarily or indefinitely.

If you provide false or incomplete details on the registered sub-publishing agreements, e.g. on the entitled parties, the agreement duration, the territories or the level of the shares of the individual entitled parties (distribution key), SUISA shall particularly have the right to invoice you for the caused administrative effort for clarifications and the re-registration based on a fee of CHF 100.00 per hour and to charge your account accordingly.

Any further compensation claims (especially claims for damages) shall remain unaffected thereof.

13. The online sub-publishing registration on the SUISA website currently supports the following browsers: Internet Explorer (from version 11), Firefox (from version 30). Chrome (from version 35), Safari (from version 7).

You are responsible for the technical settings of your computer via which you access the online sub-publishing registration. SUISA shall reserve the right to amend the technical requirements for using the online sub-publishing registration at any time.

14. These terms and conditions of use may be amended at any time.

Version as of: 01 February 2017


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