Web Service Terms and Conditions

1. General

1.1.  The Musiikkiluvat.fi online service is a service package brokered by GT Music Licences Ltd, used with musiikkiluvat.fi credentials, that includes online services to companies, communities, traders and private persons or other parties that conclude an agreement on the use of music with GT Music Licences Ltd (customers that use music). These services relate to reporting information with effects on the determination of copyright royalties to GT Music Licences Ltd, for example.

1.2.  The Musiikkiluvat.fi online service may also contain other services provided online to the customers referred to in section 1.1 from time to time.

1.3.  The content of the online service is determined according to what is specified in the confirmation of agreement.

1.4.  The customers referred to in section 1.1 that have concluded an agreement on the Musiikkiluvat.fi online service are hereinafter jointly referred to as “Customer”.

2. Musiikkiluvat.fi online service

2.1.  GT Music Licences Ltd defines the services that can be connected to the musiikkiluvat.fi online service and maintained in it at each time. The terms and conditions of the Musiikkiluvat.fi online service are applied to the Customer’s services included in the scope of musiikkiluvat.fi online services during the validity of the online service agreement.

2.2.  A function performed by the Customer through the musiikkiluvat.fi online service or information provided to a Musiikkiluvat.fi customer through the online service does not need to be delivered to the Customer in any other way.

3. Agreement and its conclusion

3.1.  An agreement between the Customer and GT Music Licences Ltd is concluded once GT Music Licences Ltd has approved and registered the information provided by the Customer as requested by GT Music Licences Ltd.

3.2.  An agreement concerning the Musiikkiluvat.fi online service is comprised of the confirmation of agreement and these terms and conditions of the online service.

4. Confirmation of agreement and complaints

4.1.  Once an agreement has been concluded in accordance with section 3.1, GT Music Licences Ltd shall send a confirmation of agreement to the Customer.

4.2.  If the Customer does not submit a complaint to GT Music Licences Ltd concerning errors or deficiencies in the information within 14 days of the confirmation of agreement being sent, GT Music Licences Ltd shall have the right to apply the information specified in the confirmation of agreement to the contractual relationship.

5. Amendments to licences

5.1.  A new licence to the online service or amendment to a licence or other amendment to the content of the agreement shall be included in the scope of the agreement once the Customer has reported it to GT Music Licences Ltd and GT Music Licences Ltd has approved it as being included in the scope of the agreement.

5.2.  After approving the amendment, GT Music Licences Ltd shall send a confirmation of amendment to the Customer. The confirmation of agreement, as amended, can be downloaded from the musiikkiluvat.fi online service within 24 hours.

5.3.  If the Customer does not submit a complaint to GT Music Licences Ltd concerning errors or deficiencies in the information included in the confirmation of amendment within 14 days of the confirmation of amendment being sent, GT Music Licences Ltd shall have the right to apply the information specified in the confirmation of amendment to the contractual relationship.

6. Credentials

6.1. GT Music Licences Ltd provides the Customer with a customer ID and a password (credentials). GT Music Licences Ltd can revise the credentials by sending new credentials to the Customer. GT Music Licences Ltd and the Customer may separately agree on the use of another personal or company-specific identifier or certificate corresponding to the credentials. GT Music Licences Ltd sends the credentials by mail or e-mail to the address reported by the Customer to GT Music Licences Ltd. The Customer shall immediately inform GT Music Licences Ltd of any changes in their postal or e-mail address. If the Customer is a company or community, the credentials will be sent addressed to the Customer’s contact person, if one has been reported to GT Music Licences Ltd, or otherwise using the Customer’s mail or e-mail address. The Customer shall inform GT Music Licences Ltd if the contact person changes. The information systems of GT Music Licences Ltd identify the Customer when the Customer logs into the online service using the credentials.

7. Significance of the credentials and authentication

7.1. Credentials given as required by the online service of GT Music Licences Ltd equal the Customer’s signature. All notifications and other messages made using the Customer’s credentials are binding on the Customer once the credentials have been given as required by the musiikkiluvat.fi online service to GT Music Licences Ltd.

8. Responsibility for the use and storage of credentials

8.1. The Customer undertakes to store the credentials carefully so that the credentials comprised of the customer ID and password are stored separately from each other. The Customer shall ensure that the credentials will not be disclosed to third parties. If the credentials have been disclosed to a third party or the Customer has reason to suspect that they have, the Customer shall immediately inform GT Music Licences Ltd of this in order to prevent the unauthorised use of the services. The Customer shall be liable for any losses and actions taken using the credentials until GT Music Licences Ltd has received notification of the disclosure of the credentials to a third party and GT Music Licences Ltd has had reasonable time to prevent the use of the services. If the Customer has stored their credentials negligently or otherwise contributed to the disclosure of the credentials to a third party, the Customer shall be liable for all losses incurred by GT Music Licences Ltd or a third party. A corporate or community customer undertakes with regard to GT Music Licences Ltd that the person using the credentials of the company or community that is the Customer always has the right to use the musiikkiluvat.fi online service on behalf of the Customer, even if GT Music Licences Ltd was not separately informed of this right.

9. Hardware and information systems

9.1.  The Customer acquires the hardware, software and data connections and other necessary services required to use the online service and is responsible for their operating and maintenance costs, security and functioning. GT Music Licences Ltd shall have the right to suspend the service if the hardware, software or data connections used by the Customer compromise the security of the online service. GT Music Licences Ltd does not guarantee that the services offered can be used with the Customer’s hardware.

9.2.  The online service works with standard web browsers installed with default settings and their newer versions. Any needs to update the browser on the Customer’s computer or other software requirements for the online service will be reported on GT Music Licences Ltd’s website from time to time.

9.3.  GT Music Licences Ltd shall see to the appropriate organisation of the information security of its own information systems.

10. Functioning and limitations of the online service

10.1. GT Music Licences Ltd’s online service is available to the Customer on a 24/7/365 basis, apart from outages caused by servicing, updates, maintenance, incidents and other corresponding reasons. GT Music Licences Ltd does not guarantee that GT Music Licences Ltd’s online service is available to the Customer without interruptions. For a justified reason, GT Music Licences Ltd may limit the usage hours of GT Music Licences Ltd’s online service by informing its Customer of this on GT Music Licences Ltd’s online service or website.

10.2. GT Music Licences Ltd’s obligation to process a matter submitted through the musiikkiluvat.fi online service commences at the earliest once it has been received and accepted in GT Music Licences Ltd’s information system. GT Music Licences Ltd does guarantee that assignments, applications or other information submitted to it will be processed in real time.

11. Responsibility for provided information

11.1.  The time and content of an assignment, agreement or application and other matters relating to the service shall be verified from information systems maintained by GT Music Licences Ltd. The Customer is liable for the accuracy of the information provided by the Customer. The Customer is liable for all damage caused by the Customer providing GT Music Licences Ltd with incorrect or insufficient information.

11.2.  GT Music Licences Ltd shall take measures based on information provided by the Customer. GT Music Licences Ltd shall not be liable for inspecting or supplementing the information provided. GT Music Licences Ltd shall have the right to store information about the Customer’s contacts and use of services in its information systems.

12. Complaints

12.1. Any complaints or claims concerning GT Music Licences Ltd’s online service shall be submitted in writing to GT Music Licences Ltd immediately or within 30 days at the latest.

13. Intellectual property rights

13.1. The copyrights, trademark rights and other intellectual property rights relating to GT Music Licences Ltd’s online service are the property of GT Music Licences Ltd or a third party.

14. GT Music Licences Ltd’s right to suspend the online service

14.1. GT Music Licences Ltd shall have the right to immediately suspend the Customer’s use of the online service if the Customer does not comply with the terms and conditions concerning the service or if GT Music Licences Ltd has a justified reason to suspect that the service is used unlawfully or in a way that may cause harm or risk of harm to GT Music Licences Ltd or a third party. The Customer shall not be entitled to compensation for a suspension under this section.

15. Liability for damages

15.1.  A party shall compensate the other party for any direct losses caused by it.

15.2.  Neither party is liable for indirect or consequential damage caused to the other party. Such damage includes loss of business profits, loss of market share, loss of goodwill or damage caused by interruption of activity or production.

15.3.  The liability for damages agreed herein is without prejudice to the right of GT Music Licences Ltd or the parent companies the Finnish composers’ copyright society Teosto and the collective management organisation for recorded music in Finland Gramex it represents to claim compensation from the customer under the Copyright Act, the Tort Liability Act or other regulations or on any other basis.

15.4.  GT Music Licences Ltd shall not be liable to compensate the Customer for any damage incurred due to the cancellation of the agreement.

16. Force majeure

16.1.  A party shall not be liable for any damage or delay caused by reasons not attributable to the party concerned which the party could not have influenced within reason and cannot have been foreseen by the party upon the entry into force of the agreement (force majeure).

16.2.  A party facing an event of force majeure shall inform the other party of it and the estimated duration of the event in writing or by e-mail.

17. Validity and expiry of the agreement

17.1.  The agreement on GT Music Licences Ltd’s online service shall enter into force in accordance with section 3.1 and remain valid for the separately agreed duration or until it is cancelled or terminated in accordance with these terms and conditions of the online service. However, the agreement shall in any case be valid until the end of the complaint period under section 4.2 or section 5.3.

17.2.  GT Music Licences Ltd reserves a delivery period of 14 days for the deployment of the online service starting from the entry into force of the agreement.

17.3.  Either party may terminate the agreement with a period of notice of one (1) month. The agreement shall be terminated in writing or other verifiable way.

17.4.  GT Music Licences Ltd shall reserve a reasonable time for closing the online service after the expiry of the agreement.

17.5.  If the Customer reports or confirms the information required by the agreement untruthfully or materially incorrect or neglects the reporting of such information, GT Music Licences Ltd shall have the right to terminate the agreement without observing the period of notice, in which case the licence granted shall expire with immediate legal effect.

17.6.  GT Music Licences Ltd shall also have the right to cancel the agreement with immediate effect in the event that the Customer is declared bankrupt, placed in liquidation or otherwise found to be insolvent.

17.7.  If the Customer has not used the service for one (1) year, GT Music Licences Ltd may consider the online service agreement to be expired without separately terminating the agreement.

17.8.  The Customer shall be liable for actions taken through the online service also after the expiry of the service.

18. Validity of and amendments to the terms and conditions of the online service

18.1.  These terms and conditions of the online service shall remain valid until further notice.

18.2.  GT Music Licences Ltd may amend the terms and conditions of the online service by reporting the amendment on GT Music Licences Ltd’s website a minimum of six (6) weeks before the entry into force of the amendment. The new amended terms and conditions also apply to all agreements concluded before the amendment.

18.3.  The Customer has the right to terminate GT Music Licences Ltd’s online service agreement with immediate effect if they do not accept the amendments announced.

19. Dispute resolution

19.1. Any disputes concerning these terms and conditions of the online service and the agreement between GT Music Licences Ltd and the Customer concluded in accordance with section 3.1 shall be resolved by the District Court of Helsinki as the court of first instance in accordance with the laws of Finland, except for the connecting factor rules.