Terms and Conditions

Artistmatch General Terms and Conditions

GEMA Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte [GEMA Society for Musical Performing and Mechanical Reproduction Rights] (hereinafter referred to as “GEMA”) offers a data-supported music talent scouting service named Artistmatch (hereinafter referred to as “Artistmatch”) on the website www.artist-match.io.

These Terms and Conditions govern users’ access to and use of the content and functions of Artistmatch. All users should therefore read these carefully before accessing or using Artistmatch.

‍§ 1 Use of Artistmatch
‍Any individual who has legal capacity can use Artistmatch. Minors require the consent of their parent or legal guardian to use Artistmatch. Upon request, this consent must be provided in writing. The use of Artistmatch is free of charge. GEMA reserves the right to make the use of Artistmatch in its entirety, or of individual features of the service, chargeable at any time. However, a payment obligation will only arise if the user has agreed to be charged for its use of the service after being expressly informed that a charge will be incurred for this.

‍§ 2 Registration as a user; user profile
‍Users must be registered to be able to use Artistmatch. New users can register for the service by clicking on the “Sign up” button. This will take them to a page where they will be required to enter their email address and are asked to choose a password and accept these Terms and Conditions and the Privacy Policy. After that, the user will receive a verification link in an automated email. By clicking on that link, the user confirms his/her email address. The registration process is concluded with the confirmation of the email address. After successfully completing the registration process, users have the option to add more information about themselves (first name, last name, links to social media profiles, company affiliation and job position) in the profile management section.

‍§ 3 Content and features of Artistmatch
‍Artistmatch offers the following features:
- Filtering and searching a database of information about music performers, authors or producers by selected key performance indicators (KPIs)
- Creating and saving search profiles by the criteria of which the database will then be searched continuously
- Saving relevant artists to a watchlist
- Artists whose profile is linked to their Instagram can be contacted using Instagram’s Direct Messaging (DM) feature. To be able to use this feature, the user must have verified its personal Instagram account. If the use of some features is chargeable, the user must have subscribed to the relevant feature for a fee.

GEMA reserves the right to change, terminate, or remove the content and features of Artistmatch or any part thereof at any time, and/or to discontinue the Artistmatch service in its entirety at any time.GEMA does not guarantee that it will make Artistmatch available so as to be free of any kind of errors at all times and without temporary downtimes and interruptions. For its provision of content in Artistmatch, GEMA also depends on such content to be supplied by third parties. Therefore, GEMA does not guarantee that content will be provided without limitation and continuously.GEMA does not guarantee that Artistmatch will be available without interruption. In particular, GEMA reserves the right to interrupt access to or reduce the availability of Artistmatch for servicing and while works are carried out on Artistmatch, or to switch Artistmatch off to ensure safe use and proper functioning. Such reductions in the availability of the service will not give rise to any claims of a user against GEMA. Users do not have a claim to Artistmatch being available at all times. In the event of availability problems, GEMA will use all means within its power to remedy all problems within its sphere of responsibility without undue delay.Moreover, GEMA asked for it to be noted that the availability of Artistmatch also depends on factors outside its sphere of influence (e.g. transmission speeds). GEMA does not accept any liability for disruptions during which Artistmatch is not available via Internet or access is restricted due to technical or other problems outside GEMA’s sphere of influence (force majeure, fault of third parties, etc.).The technical equipment to access Artistmatch and the costs of such equipment and access are each user’s own responsibility. GEMA reserves the right to adapt the technical requirements for Artistmatch in line with technical progress at any time.

‍§ 4 Users’ obligations
‍Users may use Artistmatch only to search for and contact music artists. Use for other purposes is prohibited. Users agree to use Artistmatch only for its intended purpose and not in any manner that violates applicable law, contractual provisions or public policy. In particular, users agree not to misuse Artistmatch, not to infringe any rights (e.g. intellectual property rights and copyrights) of GEMA or third parties when using it, to follow generally acknowledged data security principles for the protection of data and to observe their obligations under data protection regulations.Users agree to provide only truthful, accurate, current and complete information when providing information on their account. Users shall update the information on Artistmatch without undue delay if anything changes in their personal information, in particular, if their email address changes.Use of the access to Artistmatch is restricted to the user personally. Users may not allow others to use their access rights. Users agree to protect their user name and chosen password from unauthorised access by third parties. Users are responsible for all actions taken under their credentials in conjunction with their password. If a user becomes aware of any misuse of its registration credentials, it shall notify GEMA (artistmatch@gema.de) without undue delay. GEMA does not accept liability for any damage from unauthorised sharing or insufficient protection of a password.Users are prohibited from tampering or attempting to tamper (themselves or through third parties) with the normal functioning of Artistmatch by technical actions of any kind (e.g. attempts at hacking, distributing viruses, Trojans, etc.). If users make files available via Artistmatch (e.g. by uploading them), they shall ensure that such files are free of viruses, worms, Trojans or other malicious files or programs. Users shall be liable for all damage GEMA or third parties may sustain due to them uploading malicious files or programs.

‍§ 5 Proprietary rights
‍All content contained in or made available through Artistmatch such as texts, graphics, logos, images and collections of data are the property either of GEMA or of third parties who supply content or make it available on Artistmatch.Users may use information, documents and offers made available to them on Artistmatch within the agreed scope, or if no agreement has been made, as appropriate for the purpose for which it was made available. Users may also copy and save the information, documents and offers made available to them within the same scope.Users may not extract or reuse any parts of a feature offered by Artistmatch without the express written consent of GEMA. In particular, users must not, without the express prior written consent of GEMA, engage in data mining or scraping or use robot programs or similar data collection or extraction programs that automatically extract content shared with them from Artistmatch. Likewise, users must not material parts from Artistmatch without express prior written consent. Without obtaining express prior written consent, users are prohibited from creating and/or publishing a database of their own that contains material parts or data of a feature provided through Artistmatch.

‍§ 6 Liability
‍Unless otherwise agreed or determined, GEMA shall be liable to the user for injury to life, limb or health and for any other damage based on intentional or grossly negligent breach of the duties of GEMA, its legal representatives or vicarious agents [Erfüllungsgehilfen] or arising from mandatory liability under the German Product Liability Act [Produkthaftungsgesetz – ProdHaftG] or other cases of mandatory statutory liability. Apart from that, GEMA shall be liable for culpable breach of a material contractual obligation (cardinal obligation); in cases of negligent breach, its liability shall be limited to such damage as is typical for this type of contract and was foreseeable when the contract was entered into. Material contractual obligations are obligations the very discharge of which is a prerequisite for the proper performance of the contract and on the discharge of which the other party to the contract can, as a rule, rely.GEMA accepts no further liability beyond that. In particular, GEMA does not guarantee that the content it provides is accurate, complete, reliable and up to date. For its provision of content in Artistmatch, GEMA also depends on such content to be supplied by third parties. Therefore, GEMA does not accept liability for such content being fully available at all times, in particular if supply is interrupted. All exclusions or limitations of GEMA’s liability shall also apply to the personal liability of employees, representatives and vicarious agents [Erfüllungsgehilfen] of GEMA. Users shall indemnify GEMA, its parent companies and subsidiaries and any other companies affiliated with GEMA as well as GEMA’s employees and vicarious agents against all claims third parties may make against GEMA on the ground of a user’s violation of statutory provision, third party-rights or the present Terms and Conditions. This includes legal and court fees in each case.

‍§ 7 Termination of use
‍A user may terminate its use of Artistmatch at any time. The “Terminate Account” feature in the profile management section allows users to deactivate their account. Subject to any retention and documentation requirements that may apply, GEMA will then delete their account within 30 days. GEMA has the right to block an account for cause at any time, in particular if there is any doubt over compliance with these Terms and Conditions, if there is any misuse of the features Artistmatch offers, if the user uses Artistmatch in any manner that violates applicable laws or public policy, if the user uses programs that automatically extract content from Artistmatch that GEMA made available to the user as part of its use of Artistmatch, or after an extended period of inactivity.

‍§ 8 Data protection
‍GEMA’s data protection policy shall apply. All information about data protection, in particular the information to be provided under Article 13 GDPR, is published on the GEMA website under www.artist-match.io.

‍§ 9 Final provisions
‍If any provision of these Terms and Conditions is void or invalid, this shall be without prejudice to the validity of the remaining terms. In the event that any provision is invalid or impracticable, the Parties undertake to agree on a provision that as nearly as possible approximates the intent of GEMA and of the user. GEMA reserves the right to amend these Terms and Conditions to reflect changes in legislation, in the legal circumstances of GEMA, in the case law, technical changes and enhancements of features. GEMA will notify users by email of any amendment to the present Terms and Conditions, specifying the amended provisions. Users shall have the right to terminate their use of Artistmatch within 14 days of receipt of such a notification. If a user does not avail itself of this right or does not object to the amendment of the Terms and Conditions by notice to GEMA within 14 days, its consent to the amended Terms and Conditions shall be deemed to have been granted. The date on which the objection is received shall be authoritative in calculating the time limit for this purpose. If no objection is made or an objection is not made before expiry of the said time limit, or if a user fails to terminate its use of Artistmatch or fails to terminate it before expiry of the said time limit, the amended Terms and Conditions shall apply. GEMA shall inform users of this legal consequence when notifying them of the changes. The relationship between GEMA and the user shall be governed only by the laws of the Federal Republic of Germany to the exclusion of the UN Sales Convention (CISG). The courts of Munich shall have jurisdiction to adjudicate any disputes arising out of or relating to these Terms and Conditions to the extent that the users are legal persons under public law or special funds under public law.