IMRO.ie Terms & Conditions
Dated 19 December 2018
IMPORTANT LEGAL NOTICE
Please read the following information carefully. It sets out the terms and conditions on which IMRO provides access to the IMRO website, including to the password protected section of the website containing the IMRO Member’s On-line facilities (“Member’s Section”) and explains what you can and cannot do with the Member’s Section and on the IMRO website generally. References to the IMRO website in this document include the Member’s Section of the IMRO website.
These Conditions of Use consist of:
(a) the General Conditions of Use of the IMRO website that all users of the IMRO website, are bound by together with;
(b) additional Conditions relating to registration for and use of the Member’s Section set out below; and
(c) the IMRO Privacy Statement.
together with the registration form displayed and completed by you to access the Member’s Section (collectively the “Conditions”).
Your permission to access and use the IMRO website at any given time, is subject to your acceptance of the Conditions current at that time.
By applying for access to the Member’s Section and using the Member’s Section you agree and are signifying your agreement to be bound by these Conditions (see the section “Registering to use the Member’s Section”).
IMRO may modify these Conditions from time to time, such modifications becoming effective immediately upon posting of the modified Conditions on IMRO’s website. By continuing to use the IMRO website following modification of the Conditions you will be deemed to have accepted such modification. If you have any questions in relation to any of the Conditions or this website please email us at ei.ormi@pihsrebmem.
If you need any help with registration or access to the Member’s Section please call our helpline at 353-1-6614844.
During the course of your participation on this website, including on the Member’s Section, we may collect personal information relating to you in the manner described in our privacy statement. You consent to our use, transfer and disclosure of any such information in accordance with our privacy statement which you will find at www.imro.ie/privacy-statement
Description of Member’s Section facilities
We may use the information you provide on our website in order to process your application to access the Members Section of the website to communicate with you about your application, and to manage your day to day access to the Members Section of the website. .
Your Account in the Member’s section will contain:
(a) access to the repertoire of musical works listed in your name by IMRO;
(b) royalty statements and VAT Settlement Vouchers consisting of information about the royalties allocated to you by IMRO up to the previous quarter, and dating back to January 2009;
(c) access to the IMRO Unmatched Performances Database;
(d) access to the IMRO Unmatched Commercials Database;
(d) access to the IMRO Query Tracking System;
(e) your current contact details as supplied by you to IMRO;
(f) an online form to enable the registration of your work details with IMRO;
(g) an online form to enable the submission of your live performance details to IMRO; and
(h) an online form to enable you notify IMRO of broadcast details relating to your works.
As is set out in more detail in the Disclaimer Section below, IMRO uses its reasonable endeavors to ensure that the content of the IMRO website that is generated by IMRO is accurate. However, IMRO is relying upon information supplied by Members to create the content for the Member’s Section, and it is the responsibility of each individual Member to ensure that any content relating to them is accurate, and to notify IMRO of any changes. As provided for in the General Conditions of use, IMRO makes no representation and gives no warranty, either express or implied, in relation to the accuracy, validity, currency or completeness of the content.
IMRO reserves the right to amend and/or withdraw any existing facilities in the Member’s Section and to introduce new facilities to the Member’s Section at any time, at its sole discretion and without notice.
Password and Security
You are responsible for the security and proper use of your chosen access password and must take all reasonable steps to ensure that the password is kept confidential and is not disclosed to anybody else. You are required to notify us immediately if your password is lost or misused, or if you have reason to believe that unauthorised access is being or likely to be obtained to your Account or your password. Subject to appropriate security checks, your account will be reactivated for your use.
You acknowledge that title to the password selected by you in order to allow you to access the Member’s Section is and shall remain vested in IMRO.
You are responsible for ensuring that no unauthorised access is obtained to the Member’s Section through your Account or your password, whether by other IMRO Members or anyone else. You will be entirely liable for all activities conducted through your Account or your password whether authorised by you or not.
If we have reason to believe that there is likely to be a breach of security or misuse of the Member’s Section or its content we may change any or all of your password, or security code and notify you accordingly. We also reserve the right to change your password or to suspend or terminate forthwith your right to use the Member’s Section if we have reason to believe that your password is being misused.
GENERAL CONDITIONS OF USE OF THE IMRO WEBSITE
IMRO ownership of the site and your permission to use
The IMRO website is made available to you by the Irish Music Rights Organisation CLG (“IMRO”). All material made available on this website belongs to IMRO or its licensors. IMRO or its licensors own all the intellectual property and other rights in the content of this website (including text, graphics, button icons, images and audio clips) and the selection and arrangement of that content. This website and these materials are made available to you for your own personal enjoyment. Any commercial use of any content of this website is strictly prohibited.
- download and display pages of this site on a computer screen, PDA or mobile telephone;
- print individual pages on paper but not photocopy those printouts; and
- store such pages in electronic form but not on any server or storage device connected to a network.
The website contains a number of trade marks. In particular, IMRO, Irish Music Rights Organisation CLG and their associated logos are among the trade marks of IMRO. All other trade marks, trade names and logos contained in this website belong to their respective owners. The presence of these trade marks on this website does not confer any licence of or right in these trade marks.
Specific restrictions on use of the IMRO website
Any other use of the IMRO website, or any of its contents, apart from that specifically permitted, is strictly prohibited. In particular, you may not:-
(a) incorporate any content from the IMRO website into any other work or publication whether in hard copy or electronic or other form;
(b) reproduce, modify, publish or distribute or otherwise make available to the public either in hard copy or electronic form the website or any part of it or its contents without the express permission of IMRO;
(c) re-sell or exploit the IMRO website for any advertising or other commercial purpose;
(d) impersonate any other person, use a false name or use any other Member’s or other user’s information to gain admittance to the Member’s Section or other facility made available on the IMRO website;
(e) misrepresent any affiliation with any person or entity;
(f) disguise the origin of content on the IMRO website;
(g) upload, post, link or publish any defamatory, harmful, threatening, abusive, offensive, obscene, unlawful or otherwise objectionable material or any material which would be invasive of another person’s privacy or otherwise that would infringe another person’s rights;
(h) upload, post, link or publish material which infringes the copyright or trademarks of any other person, i.e., which reproduces, adapts or makes available to the public any copyright work (including musical works, sound recordings, text, photographs, pictures, articles, videos, logos etc.) without the permission of the copyright owner or any material which otherwise infringes any other intellectual property rights of any person;
(i) upload, post, link or publish any material containing any form of advertising or promotion of goods or services, or any chain message or “spam” or any bulk communication of any kind;
(j) post or transmit any messages that contain software viruses, files or code designated to interfere with, damage, limit the functionality of, or expropriate the IMRO website or any system, program, data or personal information of any person;
(k) collect or store any personal data of any other user of the IMRO website;
(l) download any content that you know or reasonably should know, cannot be legally obtained in such manner;
(m) falsify, or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
(n) restrict or inhibit any other user from using and enjoying any public area within the IMRO website;
(o) forge headers, manipulate identifiers or other data in order to disguise the origin of any content transmitted through the IMRO website or to manipulate your presence on the IMRO websites;
(p) interfere with or disrupt the IMRO website, servers or networks;
(q) engage in any illegal activity; and
(r) take any action that imposes an unreasonably or disproportionately large load on our infrastructure.
Modification and Monitoring
IMRO reserves the right to monitor and review any material placed on the IMRO website but is not obliged to do so.
IMRO reserves the right (which it may exercise at its sole discretion and without notice) to delete, discontinue, move, modify, edit or restrict access to any part of the Member’s Section or any other part of the IMRO website, its contents and the facilities provided at any time. In particular, nothing contained in these Conditions shall limit IMRO’s ability to comply with governmental, court and law enforcement requests or requirements relating to your use of the IMRO website or any content contributed by you.
Suspension or Termination of access
IMRO reserves the right to immediately and without notice suspend or terminate your permission to visit the IMRO website or to participate in any of the features of the IMRO website, including the Member’s Section and your Account. In particular and without limitation IMRO may exercise its power where IMRO believes:
(a) that you have breached any of these Conditions,
(b) that any registration information that you have provided is or has become incorrect;
(c) that you have violated any applicable law; or
(d) that your conduct is dishonest or harmful to IMRO or other visitors to or users of the IMRO website.
The suspension or termination of your ability to visit the IMRO website or to participate in any of the features of the website will be without prejudice to any rights that IMRO may have against you in respect of your breach of these Conditions or otherwise.
Your access to the website, or any part of it, its contents and the facilities provided may occasionally be interrupted or restricted to allow for repairs or maintenance to be carried out or the introduction of new facilities. IMRO will endeavour to restore the relevant access as soon as possible.
Links to and from this website
The IMRO web site contains links to or from other websites. IMRO is not responsible for the content contained on any such third party website and disclaims all liability and responsibility for any material appearing on any and all third party websites that may be linked from time to time to the IMRO web site.
Hypertext links to this website by other users and websites are permitted.
Unauthorised access to the IMRO website is a breach of these Conditions. You agree not to access the IMRO website by any means other than through the interface that is provided by IMRO for use in accessing the website. You agree not to use any automated means, including without limitation, agents, robots, spiders, or scripts to access, monitor or copy any part of the IMRO website except where this is expressly approved of by IMRO in advance in writing.
Third party products and services
Some parts of the IMRO website contain information about products or services of third parties. IMRO does not sell, or resell any of the products or services of third parties referred to on our website, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints or claims related to any product or service should be directed to the appropriate vendor.
Contributing Content To The IMRO website
The IMRO website includes features from time to time whereby you can contribute content for inclusion on the website. You agree that in contributing any content (“your Content”) or accessing any content on the IMRO website:
(a) your use of the IMRO website is entirely at your own risk;
(b) you are solely responsible for your Content and your use of the IMRO website and that IMRO bears no responsibility for same;
(c) you warrant that you either own or have a licence of all the intellectual property rights in your Content needed to allow you to legally contribute it to the IMRO website and grant the licence in (e) below.
(d) you warrant that your Content is fit for publication and use and that any publication or use of it by IMRO will not infringe the rights of any person or cause injury to any third party or to IMRO;
(e) you grant IMRO a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable licence to (i) display your Content on the IMRO website, (ii) permit users of the IMRO website to use your Content in accordance with these Conditions (iii) store your Content in electronic format on computer servers and (iv) carry out all necessary acts in relation to your Content for the purposes of (i)-(iii). This licence shall apply to the display, storing and downloading of your Content in any form, medium or technology now known or later developed;
(f) you will indemnify IMRO, from and against any liability, loss, damage, claim or expense (including reasonable legal fees) incurred by IMRO arising out of or resulting in any way from your use of the IMRO website, including your provision of Content;
(g) you waive any moral rights that may subsist in your Content; and
(h) IMRO may identify you as the contributor of your Content.
Operation of the IMRO website
IMRO will use its reasonable endeavors to ensure that the IMRO website and the facilities that it provides, are fully operational at all times. However, due to the nature of interactive facilities and the Internet generally, IMRO gives no representations or warranties that the IMRO website, its content or the facilities provided, will be timely, or free from delays, interruptions or errors.
IMRO tries to safeguard the IMRO website but gives no representations or warranties, express or implied that the IMRO website will be secure, that the IMRO website or any part of it, will be free from infection by viruses or anything else which has contaminating properties.
If a fault occurs, you should notify IMRO on the helpline on 353-1-6614844 or by email to ei.ormi@ofni.
Content of IMRO website
IMRO uses its reasonable endeavors to ensure that any content on the IMRO website that is generated by IMRO (as distinct from content contributed by third parties) is correct. However, IMRO makes no representation and gives no warranty, either express or implied in relation to the accuracy, reliability, currency or completeness of any content on the IMRO website or that any errors will be corrected.
Some features of the IMRO website, consist of content and information supplied by third parties, for example in the form of, advertisements, press releases or other statements. The content provided, including any views or opinions expressed by third parties are not those of IMRO. IMRO bears no responsibility for any such content, including views or opinions and IMRO accepts no liability for any damage, loss or distress caused to any person as a result of the posting of content, including views or opinions originating from third parties, or any reliance on such.
The IMRO website and its content is made available on an “as is” basis. Any material that you access, download or otherwise obtain through the IMRO website is obtained at your own discretion and risk. You will be solely responsible for any potential damages to your computer system or loss of data that results from your use of the IMRO website including downloading of any content.
The IMRO website is intended to be a general information site and it is not intended that its content be relied upon by visitors in making or refraining from making any specific decision. In particular, no content appearing on the IMRO website should be taken as, or relied upon as providing legal advice or professional facilities. You should not rely on the content of this website in making any specific decisions and you should consult an appropriate professional for advice which is specifically tailored to your particular circumstances. Any use of, or reliance on the information contained on the IMRO website is entirely at your own risk.
If you believe that your rights have been infringed, please contact us at ei.ormi@pihsrebmem
EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
Except as expressly set out in these terms and conditions, all representations, warranties, terms and conditions whether express or implied in relation to the IMRO website, the content contained on it or the facilities provided, are hereby excluded to the fullest extent permitted by law.
Subject to any express provisions to the contrary in these terms and conditions, IMRO does not accept any liability for any damage, loss or expense suffered by you (whether direct, indirect, special or consequential) howsoever arising (including, without limitation, as a result of negligence) that relates to your use of the IMRO website, use of any of the facilities on the IMRO website or use or reliance on any content of this website, or your inability to use any of the foregoing.
Without prejudice to the generality of the foregoing, IMRO excludes all liability whether in contract, tort (including liability for negligence) or otherwise for the accuracy, suitability, quality or completeness of the IMRO website, the content contained on it or the facilities provided.
Acts beyond IMRO’s control
In addition to the foregoing, we exclude all liability if we cannot do what we have promised in these Conditions because of something beyond our reasonable control such as technical failure, lightning, flood or exceptionally severe weather, fire or explosion, civil disorder, war or military operations, natural or local emergency, or the act or omission of providers of fixed line or mobile phone or Internet Facilities of any network.
You are solely responsible for any claims or legal proceedings arising from your actions, and your use of the IMRO website, its content or any of its facilities. You hereby agree to indemnify and hold IMRO and all of our officers, employees, directors, agents and associated partners and licensors, harmless from and against any liability, losses, costs and expenses (including legal fees) incurred by any of them, in connection with any claim, including, but not limited to, claims for copyright infringement, trade mark infringement, and defamation, arising out of
(a) your use of the IMRO website, or any part of it;
(b) any use or alleged use of your password by any person, whether or not authorised by you;
(c) the content, quality or performance of content that you contribute to the IMRO website;
(d) your connection to the IMRO website;
(e) your violation of these Conditions or
(f) your infringement of the rights of any other person.
IMRO reserves the right (but has no obligation) to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to co-operate with our defence of these claims.
Assignment of rights
IMRO reserves the right to assign or subcontract any or all of its rights and obligations under these Conditions. If such assignment or subcontracting takes place, IMRO will name the assignee or subcontractor as the case may be on the home page of the IMRO website.
You may not assign or subcontract your rights or obligations under these Conditions without the prior written consent of IMRO.
If any court of competent jurisdiction finds any provision of these Conditions to be void or unenforceable for any reason, then such provision shall be ineffective to the extent of the court’s finding without affecting the validity and enforceability of any remaining provisions.
As IMRO’s process for matching Performances to Works is a computer automated one, there are several reasons why works may appear on the Unmatched Performances or Unmatched Commercials Databases. These usually are:
• Work not registered at the time of matching
• Title incorrectly spelt
• Composer incorrectly spelt
• Composer not given
• Artist incorrectly given as composer
Any works that fall into this unmatched category after each distribution are placed on the Unmatched Performances or Unmatched Commercials Databases.
The Unmatched Performances and Unmatched Commercials Databases are made available to members and other societies to research and hopefully identify works belonging to them and collect any royalties due.
You can access online details of broadcasts and performances that IMRO has been unable to use in royalty distributions (generally due to insufficient details from the broadcaster or the absence of a registration for the work involved).
The information contained in the Unmatched Performances and Unmatched Commercials Databases has been supplied to IMRO, and is aggregated from a variety of third party sources.
The information contained in the Unmatched Performances and Unmatched Commercials Databases changes on a continual basis, and as with any information database, there may be inaccuracies or delays in updating the information.
Access to the Unmatched Performances and Unmatched Commercials Databases is granted to you solely for the purpose of enabling a you to ascertain whether any of your own works have been unmatched in a given distribution (“Access Purpose”).
You are only authorised to use the Unmatched Performances and Unmatched Commercials Databases if and to the extent that you wish to ascertain if any of your own works have been unmatched in a given distribution. Accordingly, you agree that:
- you will not intentionally access or attempt to access, commercialise or use in any way, information that does not relate to the Access Purpose, and
- you will not use or disclose any information obtained from the Unmatched Performances and Unmatched Commercials Databases other than for the Access Purpose.
Although IMRO uses reasonable efforts to update the Unmatched Performances and Unmatched Commercials Databases and improve the accuracy of the information contained therein, IMRO makes no guarantees, warranties or representations of any kind with regard to the Unmatched Performances and Unmatched Commercials Databases and cannot ensure the accuracy, completeness, timeliness, quality or reliability of any information made available on and through the Unmatched Performances and Unmatched Commercials Databases. IMRO specifically disclaims any and all liability for any loss or damage of any kind that you may incur, directly or indirectly, in connection with or arising from, your access to, use of or reliance upon the Unmatched Performances and Unmatched Commercials Databases, including any errors or omissions in the information contained therein. Your use of and reliance upon any information contained in the Unmatched Performances and Unmatched Commercials Databases is solely at your own risk. You acknowledge that you should only use the Unmatched Performances and Unmatched Commercials Databases as a secondary informational resource and that you should not rely on data obtained through the Unmatched Performances and Unmatched Commercials Databases or use such information for legal or evidentiary purposes or otherwise use the Unmatched Performances and Unmatched Commercials Databases as a primary or authoritative source for musical works registration information.
The Unmatched Performances and Unmatched Commercials Databases and all information contained in, or made available on, through or in connection with, the Unmatched Performances and Unmatched Commercials Databases are made available on an “As Is” and “As Available” basis, without any representation or warranty of any kind, express or implied, or any guarantee or assurance that the Unmatched Performances and Unmatched Commercials Databases will be available for use, or that all features, functions, services or operations will be available without interruption or error or perform as described. Without limiting the foregoing, you accept that IMRO makes no guarantees, warranties, or representations of any kind with respect to the completeness, timeliness, quality, reliability, adequacy, security or accuracy of rightsholders data.
IMRO owns all right, title and interest in and to the Unmatched Performances and Unmatched Commercials Databases, and any copyrights, database rights and/or other intellectual property and/or proprietary rights therein. Except as expressly authorised by IMRO or as specifically provided herein, you shall not, nor shall you allow any third party to, reproduce, modify, create derivative works from, publicly display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website or platform), the Unmatched Performances and Unmatched Commercials Databases or any information contained therein. You further agree to abide by exclusionary protocols (e.g. Robot.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Unmatched Performances and Unmatched Commercials Databases and/or rightsholders data. You accept and understand that the information contained in the Unmatched Performances and Unmatched Commercials Databases is intended for search and information purposes in the form and manner presented. You agree that you will only run manual queries through the Unmatched Performances and Unmatched Commercials Databases, and will not develop or run scripts or any other tools to generate queries or capture and/or download and store the results automatically.
You acknowledge that the Unmatched Performances and Unmatched Commercials Databases data has been provided by, and may be aggregated from, a variety of sources, including IMRO and third-party sources. You understand and agree that the Unmatched Performances and Unmatched Commercials Databases data is, and at all times remains, the property of the person or entity to whom or to which it belongs.
Information from the Unmatched Performances and Unmatched Commercials Databases may be downloaded, reproduced and/or used solely for the Access Purpose and may not be sold, offered for sale, marketed, promoted, advertised, commercialised or used as the basis to create derivative works, directly or indirectly, in any manner.
You acknowledge that the Unmatched Performances and Unmatched Commercials Databases may provide access to certain confidential information and/or proprietary information which may include Personal Data relating to rightsholders and/or IMRO members and information relating to the relationships between rightsholders and other parties that license and administer works in which rightsholders have an interest (hereafter “Confidential Information”).
You understand and agree that you will keep Confidential Information relating to other rightsholders strictly confidential and that you are not authorised to use or transfer or disclose such Unmatched Performances and Unmatched Commercials Databases data in any way to any third party.
You acknowledge and understand that IMRO, at its sole discretion, may amend, and/or modify the Unmatched Performances and Unmatched Commercials Databases and its features and/or restrict access thereto, or cease making the Unmatched Performances and Unmatched Commercials Databases available without notice. IMRO will not be liable if, for any reason, any part or all of the Unmatched Performances and Unmatched Commercials Databases becomes unavailable at any time and for any period.
You understand and agree that rightsholders data contained in the Unmatched Performances and Unmatched Commercials Databases may qualify as Personal Data and may therefore be governed by Data Protection Law.
In terms of Data Protection, IMRO is permitted to process and share the information contained in the Unmatched Performances and Unmatched Commercials Databases as it is in the legitimate business interests of IMRO so to do and as it is a legal requirement of IMRO to make this information available.
- Is the processing in IMRO’s interest?
Yes this processing is in IMRO’s interest as it will increase efficiency, accuracy and transparency in IMRO’s distributions and data processing. It is also a legal requirement that IMRO makes the Unmatched Performances and Unmatched Commercials Databases available.
- Is the processing necessary to achieve IMRO’s identified purpose?
Yes, it is necessary to achieve IMRO’s identified purpose of meeting its legal obligations and for allowing members to ensure that their works are not unmatched in a given distribution.
- Does the processing have a disproportionate impact on the individuals whose personal data will be processed?
The processing involved is proportional to IMRO’s identified purpose.
You may exercise access, correction, deletion, objection and, where applicable portability, rights regarding your Personal Data processed in the context of the creation and use of your account by contacting IMRO at IMRO, Copyright House, Pembroke Row, Lower Baggot Street, Dublin 2, or by email at ei.ORMI@OPD . For any queries regarding the accuracy of the rightsholder data or the way in which rightsholder data is provided to IMRO for use as part of the Unmatched Performances and Unmatched Commercials Databases, you should please contact IMRO.