AGB/Data protection

1st area of application
The subject of these Terms of Use and the Privacy Policy is the relationship between Schweizer Musikzeitung (hereinafter also referred to as "Provider" called) and the users (hereinafter referred to as "User" referred to above) of services and products (in particular the print medium, website and any mobile applications) and/or services and products of third parties offered by Schweizer Musikzeitung (hereinafter collectively referred to as "Products" called).

These Terms of Use and the Privacy Policy are binding for all users of these products. By using the products, users accept these Terms of Use and the Privacy Policy. They thus become an integral part of every contract concluded between the users and Schweizer Musikzeitung unless otherwise agreed between the two contracting parties. Any provisions of a user that deviate from these Terms of Use and the Privacy Policy shall not apply. Any deviations require the express written consent of the provider.

 

2. terms of use
a. Scope of use

The products serve exclusively for the intended purpose. Any further or deviating use, in particular the automated retrieval of information and its dissemination in other systems, is only permitted with the express consent of the provider and may be revoked by the provider at any time. The provisions in section 2/e (copyright and other intangible rights) also apply.

Registration for certain offers requires a name and a valid e-mail address. The correct first name and surname are required for the use of fee-based services. The automated creation of electronic accounts is not permitted. The user undertakes to use his/her access data (in particular the password) in accordance with the contract and not to make it accessible to third parties without the written consent of the provider. The user is responsible for protecting his access data.
The fee-based products used by the User shall be invoiced by the Provider at the rates valid at the time the contract is concluded. All payments must be made without deduction. In the case of purchase against invoice, the payment period specified in the invoice shall apply. If the User defaults on payment, the Provider shall be entitled to discontinue the provision of individual or all of the products accessible to the User concerned.
Schweizer Musikzeitung reserves the right to assert any claims for damages against the user.

b. Services of the provider

The content and scope of the products made available to the user are determined by the respective form of use (non-registered or registered users, free or fee-based products), any existing contractual relationship and these Terms of Use and the Privacy Policy.

The online services are generally available 24 hours a day, 7 days a week. The provider reserves the right to restrict these operating hours and/or temporarily suspend them for technical reasons and to modify the products at any time.

c. Subscriber service

The subscriber service enables the user to manage the products to which they have subscribed. The user must submit any processing requests (e.g. address changes) to the Subscriber Service in writing, by telephone or via the relevant online services at least 10 days before the desired effective date.

The user has the option of interrupting the delivery of chargeable products. This does not apply to trial subscriptions with a term of less than six months and all subscriptions to digital products. In the event of a requested delivery interruption, the subscription for the corresponding product is extended by the period of the delivery interruption.

d. Liability

The provider shall only be liable for delays and for incorrect or non-delivery of products (in particular print media) if it can be proven to have acted with intent or gross negligence. In particular, it shall not be liable for the misconduct or negligence of third parties. The user must inform the provider immediately of any delivery problems.

The Provider shall only be liable for damages incurred by the User through the use of the Products if gross negligence or willful misconduct can be proven. To the extent permitted by law, the Provider's liability shall in any case be limited to the amount invoiced to the User for the corresponding product. Under no circumstances shall the Provider be liable for consequential damages or loss of profit.

The Provider shall not be liable for defective technology or for damage caused by computer viruses, spyware and/or other harmful computer programs (malware, spyware). There is also no liability for the consequences of operational interruptions caused by malfunctions of any kind or which serve to rectify malfunctions, maintenance and the introduction of new technologies.

The content published by the provider has been created with great care. Nevertheless, the accuracy, completeness and topicality of the products cannot be guaranteed. The provider rejects any liability for this. The use of such information and data must comply with the provider's property rights and copyrights and is at the user's own risk. The content published in the products may also originate from third parties. The provider and its data suppliers do not guarantee the accuracy, completeness or timeliness of this content. The provider rejects any liability for this. The same limitations of liability apply to the provider's employees, representatives and vicarious agents.

e. Copyrights and other intangible rights

Schweizer Musikzeitung reserves all copyrights and other intellectual property rights to the products, including layout, software and their content. In particular, publishing, modifying, offering, selling, reproducing, distributing, making perceptible, sending, renting and licensing the provider's editorial and other content (texts, tables, images, videos, graphics, programs and other services and media offers) is only permitted with the provider's express consent. Furthermore, the production, transfer and/or sale of second-hand works is not permitted. It is prohibited to display the provider's website or its content in whole or in part by means of technical aids (e.g. "framing"). The full or partial exploitation of advertisements (including feeding them into online services) is prohibited. The linking and forwarding/sharing of content to third parties is permitted within the scope of the functions provided for in the products and within the permitted scope of use in accordance with section 2/a.

f. Guidelines for content created by users themselves

Authors of user-generated content (such as reader comments and online advertisements on the concert agenda) must ensure that it is compatible with the applicable Swiss legal system and that the rights of third parties are respected. In particular, content with illegal and immoral content, namely insulting, defamatory, defamatory and business-damaging, pornographic or racist statements as well as incitements to violence and other criminal acts are not permitted.

In the event of misconduct, the author alone shall bear any legal consequences. He undertakes to indemnify the provider against all third-party claims asserted on the basis of his contributions. The provider reserves the right to take legal action against the offending author in the event of blatant violations of these guidelines. The provider reserves the right to delete entries that violate the aforementioned guidelines without giving reasons.

The author grants the provider the free, temporally and spatially unlimited right to use his content in whole or in part for the provider's products. This includes the right to incorporate this content into other publications, media or books and to store it for archiving purposes. By creating the content, the user consents to the storage and use of the corresponding data by the provider.

The provider rejects any liability for content created by users themselves. The corresponding statements, information, opinions, recommendations, etc. do not originate from the provider. Should such content violate the aforementioned guidelines, Schweizer Musikzeitung asks its users to report it accordingly.
See also Netiquette.

g. Conclusion, duration and termination of contract

The contract between the Provider and the User is concluded when the Provider confirms the order. Confirmation for chargeable products is provided by electronic confirmation (e-mail) and by confirmation of payment (credit card or other electronic payment methods), by delivery of invoice or by first delivery. The user is not entitled to conclude a contract. Delivery of the ordered products shall commence on the date specified by the User, provided that the order has been received by the Provider in good time (at least 10 days before the desired delivery date). If no delivery date is specified, the next possible delivery date shall be deemed to be the agreed start of delivery.

The contract for fee-based products ends at the end of the agreed contract period. For products with automatic renewal of the subscription, the contract ends with the legally valid termination of the subscription. Premature termination of the contract by the user is only possible if the user moves out of the distribution area of the respective product or in the event of the user's death. Upon termination of the contract, the user's right to use the corresponding product expires.

 

3. privacy policy
Galledia's privacy policy applies, which can be viewed here:
https://www.galledia.ch/datenschutz

 

4. common final provisions
a. Adjustments

The Swiss Music Newspaper expressly reserves the right to amend these Terms of Use and the Privacy Policy at any time. If such amendments are made, the provider will publish them on the respective websites. The user must inform himself about the currently valid version of the terms of use and the data protection declaration on the provider's website.

b. Application of law and place of jurisdiction

Swiss law shall apply exclusively. Should one or more of these Terms of Use be or become invalid in whole or in part due to statutory provisions, regulations or changes in the law, all other Terms of Use shall remain in force and the valid provision that comes closest to the intended purpose of the invalid provision shall apply. The exclusive place of jurisdiction is Lucerne.

Lucerne, January 01, 2015 / May 25, 2018 / January 01, 2020 / October 01, 2020
Galledia Fachmedien AG
Swiss Music Newspaper
Maihofstrasse 76
6006 Lucerne

www.musikzeitung.ch