The portal is provided for the purpose of reporting ones data relevant to representation contract(s), audio and audio-visual recordings as well as ownership of rights. Ownership of rights information may be displayed to other users.
The GVL strives to provide for the secure operation of the portal and its access according to state of the art security standards. Nevertheless, the portal is not guaranteed to be free of errors nor to be available 24/7. Because of that users of the portal are encouraged to report relevant data well before the communicated reporting deadlines of distribution regulations. The GVL will not reimburse damages resulting from late reporting, even if the portal was not available due to system failure - except if the damage has been caused intentionally or through gross negligence by an employee or contractor.
The GVL cannot be held accountable for incorrect, incomplete or ambiguous data provided by rights users or other third parties. Remunerations received based on incorrect, incomplete or ambiguous data - also if received from foreign affiliates of GVL - are to be paid back.
The user is obliged to report all data related to audio and audio-visual recordings in a correct and complete manner and is responsible to keep the information up to date. Further the user is obliged to flag or inform GVL about recordings that are not Rome-protected ("Rom-geschützt") (§ 3 (5) Representation Contract). The same applies for recordings with expired periods of protection. The GVL reserves herself the right, to check the validity of reported information by requesting proofs of ownership of rights for audio and audio-visual recordings and other information from third parties.
The user will inform GVL immediately about changes to master data not related to recordings or productions (such as address, bank details, etc.) within the five years after cancellation of the representation contract.
The user is obliged to use the portal (described under 1.) only for the purpose described within these Terms. Misuse of the portal will be reported to the prosecuting authorities.
The access to the portal is password protected. The owners of passwords are obliged to carefully choose, keep secret and regularly change passwords. Passwords must not be stored accessible to third parties or passed on to third parties. The user is required to change the password immediately after receiving his/her initial password and at the minimum every six month.
The user releases GVL from all claims towards GVL, made by other rights holders respective other third parties, because of violations of ownership of rights caused by invalid reports of information provided by the user. The user takes care of all costs required for legal defence of GVL including all legal charges (court costs and attorneys fees). This does not apply for cases where the user is not responsible for intention or negligence. The user is obliged to immediately provide all information required for legal defence, truthfully and complete.
The user agrees that his reports on ownership of rights may be displayed to other users.
The GVL will confirm each report electronically. The user is obliged, to cross-check the information stored in the portal and provided as part of the confirmation regarding completeness and correctness.
In case of a conflict regarding the ownership of rights resulting from differing reports of an audio or audio-visual recording, the affected parties and potential other involved parties will be informed. The involved users are obliged to solve the conflict bilaterally. The GVL is not actively part of the clearance of the conflict. The GVL solely provides the platform and information. The GVL reserves herself the right to set deadlines (minimum of two weeks) to clear the conflict of ownership of rights. Omission of these deadlines may be construed as declaration of intent. Users will be informed about this matter separately upon commencement of the term. Remunerations related to ownership of rights in conflict will be held back until the conflict is evidently resolved. Contractual and legal obligations to retain data are not affected by this.
The GVL can impose the costs arising from the clearance of a conflict on the involved parties.
The GVL reserves herself the right to report to the prosecuting authorities in case of one or more abusive claims regarding ownership of rights by users. Accruing costs can be invoiced by GVL. Further the GVL will reclaim any remunerations already paid out.
Provided solid ground, the GVL is entitled to lock out users from the portal. The lockout may be performed without prior notice, provided that GVL has a legitimate interest for immediate lockout. A reason for lockout of a user lies in the violation of obligations resulting from representation contract(s), the violation of these Terms or in case third parties reasonably claim a breach towards GVL. In case of a claim of breach the GVL will forward related information to the locked out user. The GVL is not obliged to perform a validation of the accusation.
The GVL collects, processes and uses personal information of users solely for the purpose of lawfully performing contracts with the rights holders.
Due to tax or legal requirements GVL may be required to store personal information permanently. Access to this information will only be granted for legally required purposes.
The law of the Federal Republic of Germany applies.
Sole place of jurisdiction for all disputes resulting from these Terms is Berlin (Germany).
Deviating agreements, changes to our standard business terms (SBT) and other contractual changes must be communicated in text form according to Section 126 b BGB (German Civil Code).
Changes to the standard business terms (SBT) will be announced on the website gvl.de/en and are valid for the future respective apply to new orders after changes to the SBT have come into force, as long as the user does not contradict the changes within 14 days of notice.
An invalid clause within these Terms does not invalidate the Terms as a whole. In case of nullity of a clause, a replacement that is closest in spirit, purpose and commercially close to the original while conforming to the law counts as agreed upon. The same applies to possible unknown gaps of these Terms.