GC/data protection

1. Scope

The purpose of these terms of use and privacy policy is to define the relationship between Revue Musicale Suisse (hereinafter, "the provider") and users (hereinafter, "the user") with respect to services and products (in particular the print edition, the web presence and all mobile applications) made available by Revue Musicale Suisse, including third-party products and services (hereinafter and generally, "the products").

These terms of use and privacy policy apply to all users of these products. By using these products, the user accepts the terms of use and privacy policy. These will form part of any contract concluded between the user and Swiss Music Review, unless otherwise agreed between the two parties. Provisions made by a user that deviate from these terms of use and privacy policy are invalid. Any other arrangement requires the express written consent of the supplier.

 

2. Conditions of use

a. Scope of application

The products may only be used for the purpose for which they were intended. Extended or different use, e.g. the automatic collection of information and its use in other systems, is only permitted with the express consent of the supplier and may be terminated by the latter at any time. In particular, the provisions of point 2/e (copyright and other intangible rights) apply.

Registration for certain services requires a valid name and e-mail address. A correct first and last name are required for the use of paid services. Automatic entry of e-mail accounts is prohibited. The user undertakes to use his access data (in particular his password) in accordance with the contractual conditions and not to pass them on to third parties without the supplier's written authorization. The user is responsible for the confidentiality of his access data.
Paid products used by the user are invoiced by the supplier according to the current price list. All payments must be made without discount. In the case of payment by invoice, the payment deadline indicated on the invoice is decisive. In the event of late payment, the supplier is entitled to suspend the user's access to any or all of the products he/she uses.
Revue Musicale Suisse reserves the right to assert any claim for damages against the user.

b. Supplier services

The content and scope of the products made available for use are determined by the user profile (registered or unregistered user, free or paid products), by the terms of the contract and by these Terms of Use and Privacy Policy.

In principle, online services are available 7 days a week, 24 hours a day. The supplier reserves the right to limit these access periods and/or to cut them off for any technical reason, as well as to modify the products at any time.

c. Subscription service

The subscription service enables the user to manage the products made available to him. The user must notify the subscription service of any desired changes (e.g. change of address) at least 10 days before the deadline, in writing, by telephone or using the online services.

The user has the option of cancelling the delivery of chargeable products. This does not apply to trial subscriptions lasting less than six months, or to all digital product subscriptions. Upon notification of cancellation, the subscription to the product in question extends up to the point at which delivery is interrupted.

d. Responsibilities

The supplier cannot be held liable for late delivery, incorrect delivery or non-delivery of products (in particular paper editions), unless gross negligence or intentional conduct on his part can be proven. He is not liable for errors and omissions of third parties. In the event of delivery problems, the user must inform the supplier immediately.
For damage caused by the recipient of the products, the supplier is only liable if gross negligence or intentional conduct on his part can be proven. In the latter case, the supplier's liability is in any case limited to the amount charged to the user for the product concerned. Under no circumstances will the supplier be liable for damages.

The supplier cannot be held liable for technical damage or damage caused by computer viruses, spyware and/or other computer programs (malware, sypware). It cannot be held liable for the consequences of service interruptions caused by malfunctions of any kind or by troubleshooting, maintenance and the implementation of new technologies.

The contents published by the supplier have been compiled with great care. However, the accuracy, completeness and up-to-dateness of these products cannot be guaranteed. The supplier accepts no liability for this. The use of this information and data must comply with the copyright and property rights of the supplier, and is at the user's own risk. The content published in the products may also originate from third parties. The supplier and its sources do not guarantee the accuracy, completeness or timeliness of such content. The supplier cannot be held liable for such content. The same applies to employees, representatives and vicarious agents of the supplier.

e. Copyright and other intangible rights

Swiss Music Review reserves the copyright and other intangible rights to all its products, including the layout, software and all content. In particular, the publication, modification, making available, reproduction, distribution, broadcasting, transmission, rental and licensing of the editorial and other content of the supplier (texts, tables, images, videos, graphics, programs and other services and media) is only permitted with explicit consent. The production, transfer and sale of second-hand products is not permitted. The use of technical means (e.g. "framing") to retrieve the supplier's web pages or their content in whole or in part is not permitted. The placement of advertisements (including those for online services) is not permitted. However, the creation of links and the transfer or communication of content to third parties as part of the functions offered by the products are permitted, within the limits of the permitted functionalities described in section 2/a.

f. Guidelines for user-generated content

Authors of self-produced content (such as comments or online announcements for the concert calendar) must ensure that it complies with applicable Swiss law and respects the rights of third parties. In particular, contributions whose content is immoral, offensive, defamatory, and statements of a pornographic or racist nature, invitations to violence and other criminal acts are not permitted.

In the event of an offence, the author alone shall bear all legal consequences. The author undertakes to hold the supplier harmless against any liability that an aggrieved third party may derive from the contributions produced by the author. The supplier reserves the right to take action against the offending author in the event of flagrant breaches of these rules. The supplier reserves the right to delete contributions that contravene these rules without explanation.

The author grants the supplier the unlimited right to use the content, in whole or in part, for its products. This includes the right to use this content in other official publications, books and media, or to save it for archiving purposes. By generating content, the user agrees to the storage and use of this data by the supplier.

The provider accepts no responsibility for user-generated content. Information, opinions, advice, etc. are not those of the provider. Should any content violate the above guidelines, the Swiss Music Review requests that users notify it.
See also Netiquette.

g. Termination, extension and end of contract

The contract between the supplier and the user is concluded when the supplier confirms the order. Confirmation of products for which a charge is made is concluded by electronic confirmation (e-mail) and confirmation of payment (credit card or other electronic means of payment), by issuing the invoice or by the first delivery. The user is not entitled to withdraw from the contract. The start of delivery of the products ordered is determined by the user, if the order is received by the supplier on time (at least 10 days before the desired delivery). In the absence of information on the desired delivery date, the next regular delivery date is agreed as the start of delivery.

The contract for chargeable products expires at the end of the agreed period. For products with an automatic subscription extension, the contract ends upon legally valid termination of the subscription. Early termination by the user is only possible in the event of relocation outside the product's coverage area, or in the event of the user's death. With the termination of the contract, the user loses the right to use the corresponding product.

 

3. Data protection

For RMS, the Galledia data protection declaration (Datenschutzerklärung) is valid:

https://www.galledia.ch/datenschutz

 

4. Final provisions

a. Adaptations

La Revue Musicale Suisse expressly reserves the right to modify these terms of use and privacy policy at any time. If changes are made, the provider will publish them on the relevant web pages. The user is obliged to inform himself/herself of the current version of the conditions of use and privacy policy by consulting the supplier's website.

b Legal form

Only Swiss law is applicable. If one or more of these provisions should become invalid, in whole or in part, as a result of changes in laws, regulations or statutes, all other provisions and terms shall remain in force, and the law in force closest to the purpose of the invalid law shall apply. The place of jurisdiction is Lucerne.

Luzern, 01. Januar 2015 / 25. Mai 2018 / 01. Januar 2020 / 01. Oktober 2020
Galledia Fachmedien AG
Schweizer Musikzeitung
Maihofstrasse 76
6006 Luzern

www.musikzeitung.ch