I. General Terms and Conditions
General notes
The user account will be deactivated in case of breaches of the general terms and conditions / in case of breach of contract / in case of unlawful / in case of immoral conduct. To check whether it is not repeated and for verification purposes, it is necessary to keep the information available regarding your membership (data collection/ contract implementation/ user contract). This information is: First name, last name, address, telephone number, email address, logs of violations. This measure is necessary to prevent duplicate registrations and to ensure a high quality of the entries. The contractual retention period is 3 years.
According to the requirements of the EU DSGVO, data will be deleted unless other statutory retention periods (e.g. for the fulfilment of statutory retention periods according to the Tax Code (AO) and the Commercial Code (HGB) conflict with statutory or contractual retention periods.
The central musician register distinguishes between musician entries and band entries.
Musician entries are intended for the own person.
Band entries are for your own band.
Musician entries may not be used to introduce your own band and/or
to look for suitable musicians for their own band.
Only so-called band entries may be used for this.
Persons / institutions acting as intermediaries on behalf of third parties, i.e. for (incomplete)
band for band members, are obliged to use only so-called band-search entries.
This requires a free, completed and complete registration of the respective band members on the central musician register, at the latest two weeks after the band has been registered. In case of non-compliance, the user account will be deactivated.
It is not allowed to have multiple user accounts, i.e. multiple logins are prohibited.
In order to ensure the consistency and coherence of the entries (profiles) of the respective members.
an automated plausibility check is carried out to ensure that this is the case:
Suction. 'introduce-yourself' entries can only be enabled if corresponding'search' entries have been made.
Suction. 'search-'entries can only be enabled if the corresponding 'introduce-yourself' entries have been made.
A separate e-mail address and telephone number are required for registration.
The validity/correctness and uniqueness of the specified telephone numbers are checked by means of a number check in the form of
of a callback/short message service. For each instrument that the user plays, a separate introductory entry must be made.
Essential and relevant information on the musical biography must be provided. In order to ensure, among other things, the accuracy/consistency and coherence of the entries (profiles) of the respective members, the central musicians' register reserves the right to check communication content in cases of suspicion. In order to carry out this measure, you agree to waive the protection of telecommunications secrecy if necessary. These measures are necessary to ensure the highest possible quality of entries and compliance with the General Terms and Conditions/Rules.
A counterlink must be placed so that the link appears on your own website. It must be ensured that the counterlink in the form of a specified source text is clearly visible and can be found at all times on the internet pages to be linked. In the event of irregular behaviour/violations of the General Terms and Conditions, the user account will be deactivated.
Entries are to be made exclusively in the respective official language/country language.
It is not permitted to enter information in the comments field that would enable contact to be made,
i.e. telephone number/email address/band name. It is not permitted to
date/manufacturer/trademark information. The use of filler characters/repeating strings
character strings is not permitted. Furthermore, please make sure that only entries with a meaningful
with sensible, meaningful and adequate content. Information about a band, i.e.
band experience, stage experience, band membership, band line-up, age, are not permitted in the
allowed. This type of information will be entered separately during the entry process (e.g. in the case of
band registration) in other form fields intended for this purpose.
Misuse or abuse of so-called member ratings will lead to deactivation of the user account.
The user account will be deactivated in the event of defamatory, illegal, threatening, obscene, defamatory or harassing behaviour and/or the provision of false, inaccurate or misleading data,
defamatory or harassing behaviour and/or the provision of false, inaccurate or misleading data.
This also applies to persons who disparage or disregard the rules and regulations or behave disrespectfully.
The central musicians' register reserves the right to deactivate the user account and the right to claim damages in the event of infringements. Users who declare delivered emails as so-called spam to their email provider will have their user account deactivated.
The central musicians' register does not guarantee that the user (applicant) will be accepted on the central musicians' register. It is solely at the discretion of the operator to reject applicants, especially applicants whose seriousness/activity or seriousness is not clearly recognisable.
Obligation to respond to email enquiries
Users are obliged to react to enquiries from our members within 48 hours. This means that emails must be read after 48 hours at the latest. If email enquiries are repeatedly not responded to, the user account will be permanently restricted.
Any possible default setting "Show mobile phone number: No" is deactivated in this case so that members can reach you by phone.
Booking Service
So-called introduce-yourself entries may not be used as an applicant profile for parties/events. Booking profiles for parties/events are to be made exclusively in the booking service area.
Price/Performances
Registration is free of charge. There is the possibility to acquire an official membership with costs. Further information on the chargeable services:
-> Home -> Help -> FAQ
Automatically generated emails and other emails
Members regularly receive automatically generated emails. Should a member object to automatically generated emails,
he or she may delete the account.
Details about band name protection
The central musician register provides a registry service for the protection of band names,
with which bands/musicians can publish their band name on www.bandnameprotection.org The Central Register of Musicians
and does not clarify whether claims to a band name exist. Trademark owners whose rights are protected by the
use of a band name, please contact the responsible user.
in order to clarify the situation. The central musician register deactivates only in justified and proven
cases user accounts, e.g. if there are trademark infringements or entries violate applicable German law.
In the event of a legal dispute, the central musician's register can testify by court at what point in time the band name
has been registered in the band name protection.
Prerequisite for a testimony is that the band name appears on www.bandnameprotection.org
The entry in the band name protection is valid for the duration of the official membership.
The protection of a tape name does not depend solely on whether the tape name was registered with Bandnameprotection.
In a lawsuit, you can
the central musician's register, however, on the basis of the date of registration, testify in court when a band name was at least
must have already passed. The Central Register of Musicians is not an advisory office and does not provide legal advice.
Only specialised lawyers or advice centres are to be consulted for this purpose.
Damages/disclaimer
The central musicians' register does not guarantee uninterrupted or faultless functioning.
The central musicians' register shall not be held responsible for any consequences that may result from interruptions or programming errors.
The central musicians' register shall not be liable for defects in computer systems or for annoyances or damages to advertising users
of the internet service that are caused by its hosting provider or by browsing its online content (as well as any external sites linked to or advertisements).
Right of withdrawal
Users may withdraw their agreement within two weeks without giving reasons in written form (email).
This time limits starts with the receipt of these instructions at the earliest. The withdrawal may be addressed to:
see Imprint.
Consequences of withdrawal
In case of a valid withdrawal both parties' benefits must be returned. Should this be impossible, even partially,
compensation for lost value must be made. This may lead to the user having to fulfill their duty of payment up
to the time of withdrawal.
In the case of a rendering of services the right of withdrawal expires (see § 312 d 3 of the German General Law, BGB)
if services have been rendered before regular expiry of the cancellation period with the user's explicit consent
or if the user has initiated the rendering (e.g. by using coins or PBL status)
(→
Withdrawal form).
Refunding will be made solely to bank accounts within the European Economic Community.
The following standardised procedure is mandatory for a refund:
l
1. Step:
→ Startpage
→ User account
→ Membership details
→ Membership status
→ Termination
2. Step:
→ Startpage
→ User account
→ I. Request for a refund
Extrajudicial Dispute Resolution
[Hinweis gem. Verordnung (EU) Nr. 524/2013]
The EU Commission provides an online dispute resolution platform (OS platform) at http://ec.europa.eu/odr
https://ec.europa.eu/consumers/odr/
[Hinweis gemäß §§ 36, 37 Verbraucherstreitbeilegungsgesetz (VSBG)]
The Seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
The seller is not prepared to participate in a dispute resolution procedure before a consumer arbitration board.
Instead, please always contact the online support with your request: →
Online-Support
Compensation regulation
Value replacement for distance selling contracts applies (312§ of the German Civil Code "BGB"). All users must pay for online services used, i.e. replace the value depending on type and scope, even if they withdraw from the contract in a timely manner within 14 days. The current daily rates apply. The current daily rates apply. Optionally, the mini/standard/premium tariff can be added. These optional tariffs are only applied if their terms are adhered to. In the event of premature termination, the current daily tariffs always apply by default.
• Partial use of activations: At applicable usage, depending on the number of activations: Daily rates: '1 x activation'
• Partial use of "ÖZ status" (publically accessible): At applicable usage, depending on the duration of PA status: Daily rates: '1 x PA status'
• Partial use of membership: At applicable usage, depending on the duration of membership: Daily rates: '1 day of membership'
capping regulation: If the consumption exceeds the amount paid in according to the daily lump sum, the maximum amount paid in is calculated (so-called cheaper check)
→
Daily rates
Other
- MIYC reserves the right to discontinue websites anytime and without prior notice.
- MIYC shall not be liable for programming errors.
- MIYC does not guarantee the availability of the website.
- MIYC reserves the right to add or delete features without prior notice.
Only such photographs, text or other content may be uploaded of which you are the originator and holder of rights.
Should you commit an illegal act, you may be sued for damages.
The instigator is liable for all damages and costs incurred.
Sie haben ein Recht auf Einschränkung der Verarbeitung.
Sie haben ein Widerspruchs- und Beschwerderecht bei einer Aufsichtsbehörde.
Sie haben ein Recht auf sogenannte Datenübertragbarkeit.
Registration is only permitted if you are at least 18 years old.
Only photos/ texts/ contents/ videos/ links/ embbed links may be indicated/ uploaded,
for which you yourself are the author and rights holder or for which you have the corresponding rights of use.
The Central Register of Musicians is not responsible for and does not control external content.
Dissociation
The central musician's register dissociates itself hereby expressly from all contents of the linked sides.
Severability clause:
Should one of these terms and conditions be invalid or inapplicable, the others' validity shall remain unaffected.
II. Data protection declaration
The General Data Protection Regulation (GDPR) (EU) 2016/679 is a regulation in EU law on data protection and privacy for all individuals within the European Union.
The central musicians' register is very concerned about protecting your personal data. Your personal data is explicitly not being sold or otherwise passed on or marketed.
01. Data necessary for registration and other user data (e.g. support requests)
The following data is collected (amongst others): Username, password, email address, phone
number, address, sex, date of birth, IP addresses, entries in musician's profile, support
correspondence, warnings, google-conversion-tracking-cookie, server logfiles. In the so-called server logfiles date and time of
request of website, the user's IP address, browser version, information about the operating system, referring page and bytes transferred as well as error codes (if applicable) are automatically recorded. Session cookies with an identification number and a security string (token) are used to facilitate communication between the server and ensure users. Server log files are deleted after 30 days. Your telephone number will be verified by an SMS service provider. For this purpose your telephone number will be passed on. Information about the data protection regulations of Seven:
https://www.seven.io/de/unternehmen/datenschutz/.
02. Use of personal data
The data is collected for the purpose of Internet operation, for the purpose of justification, implementation
or handling of the usage relationship, e.g. for the purpose of establishing mutual contact between the parties.
Members, to prevent inadmissible multiple logins / abuses, to prevent new logins
of deactivated users. The information provided during registration is only used in the
accessible to other users to a limited extent. Your contact details and entries are in case,
that you have ÖZ status visible to everyone. Otherwise, only official members
authorizes you to view your contact details. Rechtsgrundlage (legal basis): Art 13 Abs. 1 lit. c DS-GVO.
You consent to your data being made accessible to other network users.
You consent to your contact details being automatically sent along with your emails to other members.
You consent to your contact details being automatically sent to other members if you have PBL status.
You consent to your data being used for the purpose of personalised advertising or mailings of special offers.
Note: Personalised advertising has not been sent so far.
Your consent is given to the central musicians' register (see imprint for address).
03. No distribution of personal data to third parties
The central musicians' register takes the protection of your data very seriously.
Your personal data is explicitly not being sold or otherwise passed on, except in
cases of a legal obligation to do so.
04. Data security
To protect the user's account from viruses and illegal access as far as possible, the
central musicians' register employs several security systems to ensure an adequate
level of protection. Since new viruses and other hacking devices are permanently being
developed, a hundred-percent-level of protection from attacks cannot be guaranteed.
The central musicians' register is not responsible for virus protection outside of the
network or for any damages incurred by unknown viruses. For every attack a complaint
shall be lodged.
05. Right to disclosure of personal user data
All users have the right to disclosure of their personal data that has been recorded.
(→
Helpdesk).
06. Right to data transferability (Art. 20 DSGVO)
(→
Helpdesk).
07. Right of appeal to a supervisory authority
If the processing of your personal data has been unlawfully carried out, it is possible to lodge a complaint with the supervisory authority (Art. 77 DSGVO).:
Das Bayerische Landesamt fuer Datenschutzaufsicht
08. Deletion, correction or deactivation
The user is instructed to correct, modify or delete any inaccurate stored data, i.e. data that the responsible person himself has undertaken to correct/delete. Appropriate technical possibilities will be
is made available to the user for this purpose. If a user requests in writing a correction, change or deletion of his personal data, i.e. does not want to make a correction, change or deletion on his own, the following information/documents must be provided to Support for the purpose of identifying you: Surname, first name, e-mail, user name, full address, certified copy of your identity card (front and back, note: Non-required data may be blacked out). Instead of a correction/modification or deletion, it is deactivated.
09. Right of withdrawal
Art. 7 - EU-DSGVO - You can make use of your right of objection at any time without stating reasons and change or completely revoke the declaration of consent with effect for the future.
10. Storage duration
The user account will be deactivated in the event of breaches of the General Terms and Conditions/in the event of breach of contract/illegal/unethical behaviour/rejected applicants. In order to check that there is no repetition and for verification purposes, it is necessary to keep the information relating to your membership (data collection/contract implementation/user contract) available. This information is: First name, surname, address, telephone number, email address, logs of offences committed.
A core task of the central register of musicians is to ensure the high quality of its member profiles: only musicians whose seriousness and activity are clearly recognizable are included. Each member profile is ranked according to their activity/behavior. If the rating is negative, the user account will be restricted, i.e. any entries will only be published to a limited extent.
A negative classification occurs, among others, for:
- People who do not complete their registration
- People who do not complete their registration on time
- People who register without serious interest (e.g. short period between registration and deletion of the user account)
- People who do not update outdated entries despite being asked to do so
- Persons who do not correct disputed entries in a timely manner despite being asked to do so
- People whose entries lack the expected seriousness and seriousness
- People who appear through vulgar, primitive, disrespectful, anti-social behavior
- People who don't log in for months (inactivity)
- People who have not contacted members for at least 5 years (inactivity)
- Individuals who repeatedly fail to respond or respond to member requests
- People who receive repeated complaints (red cards) from our members
For the reasons mentioned (legitimate interests), member profiles cannot be deleted immediately, but will only be deleted after a specified contractual period has expired. The aim is to prevent people who have been classified negatively from being able to register again immediately and whose entries will be published with priority.
The contractual retention period is 2 years. According to the requirements of the EU GDPR, data will be deleted unless other legal deadlines (e.g. to fulfill statutory retention periods according to the Tax Code (AO) and the Commercial Code (HGB) conflict with statutory or contractual retention periods.
11a. You-Tube Videos
Videos of the 'YouTube' platform are available. Provider is Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.
11b. SoundCloud Music
Plugins of the social network SoundCloud (SoundCloud Ltd., Rheinsberger Str. 76/77, 10115 Berlin) can be integrated on our pages. You can recognize the SoundCloud plug-ins by the SoundCloud logo on the affected pages.
When you visit our pages, a direct connection is established between your browser and the SoundCloud server after activating the plugin. SoundCloud receives the information that you have visited our site with your IP address. If you click the "Like" or "Share" button while logged into your SoundCloud account, you can link and/or share the content of our pages with your SoundCloud profile. This allows SoundCloud to associate your account with your visit to our site. We would like to point out that, as the provider of the pages, we are not aware of the content of the data transmitted or how SoundCloud uses it. For more information, please see SoundCloud's privacy policy at: https://soundcloud.com/pages/privacy.
If you do not want SoundCloud to associate your visit to our pages with your SoundCloud account, please log out of your SoundCloud account before activating any SoundCloud plugin content.
12. Privacy policy for the use of Google Analytics
This website uses Google Analytics, a web analysis service of Google Inc. "("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. However, if IP anonymisation is activated on this website, Google will reduce your IP address within Member States of the European Union or in other countries party to the Agreement on the European Economic Area beforehand.
Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services relating to website and Internet use. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data.
You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
13. Privacy policy for the use of Google Adsense
This website uses Google AdSense, a service for integrating ads from Google Inc. "("Google"). Google AdSense uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. Google AdSense also uses so-called web beacons (invisible graphics). These web beacons can be used to evaluate information such as visitor traffic on these pages.
The information generated by cookies and web beacons about the use of this website (including your IP address) and delivery of advertising formats is transmitted to a Google server in the USA and stored there. This information may be passed on by Google to Google's contractual partners. However, Google will not merge your IP address with other data stored by you.
You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
14. Privacy policy for the use of Google +1
Collection and disclosure of information:
The Google +1 button allows you to publish information worldwide. The Google +1 button gives you and other users personalized content from Google and our partners. Google stores both the information that you have given +1 for a content and information about the page that you viewed when you clicked +1. Your +1 can appear in Google services, such as search results or your Google profile, or elsewhere on websites and ads, along with your profile name and photo.
Google records information about your +1 activity to improve Google services for you and others. To use the Google +1 button, you need a public Google profile that is visible worldwide and must contain at least the name chosen for the profile. This name is used in all Google services. In some cases, this name may also replace another name you used when sharing content through your Google Account. The identity of your Google profile may be displayed to users who know your email address or have other identifying information about you.
Use of Information Collected:
In addition to the uses described above, the information you provide will be used in accordance with the applicable Google Privacy Policy. Google may publish aggregated statistics about users' +1 activity or share them with users and partners, such as publishers, advertisers or related websites.
III. Anbieterkennzeichung
Central register of musicians in the USA