General Terms and Conditions of Business (GTC)
Welcome to the Pastelle Media General Terms and Conditions!
We are happy and thankful for your visit and we hope you enjoy your stay. When we say “we”,“us”, “our” or “Pastelle Media”, we refer to us as company that owns and run the Pastelle Media website.
The main goal of Pastelle Media Sagl is to simplify the music licensing process and make it easier for everyone involved, irrespective of the nationality, to make profit and distribute high quality music.
Pastelle Media software consists of two platform sections: the Author platform and the Commercial platform.
The first one is addressed to music tracks Authors (hereinafter referred to as the Author), who can become our partners by signing in the proper section and thus adding, after our approval, their own music works in Pastelle Media digital catalogue available to the public.
The second one, freely accessible, is addressed to the potential buyers (hereinafter referred to as the Buyer), who are looking for tracks for different reasons and are interested in Pastelle Media catalogue.
Please be informed that when you visit Pastelle Media website, by itself you accept all the conditions and terms applicable to ordinary visitors. Therefore we invite you to read carefully before agreeing to the terms.
- Area of validity
These General Terms and Conditions include general provisions which govern the relationship between every kind of users browsing our website (hereinafter referred to as “the User”) and Pastelle Media, irrespective of the relevant purpose for visiting it. In addition to general provisions valid for all the Users, the present Terms and Conditions include duly designated rules which shall be applicable, depending on the platform usage, to a specific target of Users, such as the Authors and the Buyers, respectively. Any provision herein not referring to a particular Pastelle Media platform usage, shall be considered to be binding for the ordinary platform visitor.
- General provisions for Users
- How browsing works
You need to be 12 years to browse Pastelle Media website. We don’t consciously collect any information from anyone aged under 12.
You need to be 18 years to become a member of one of our platform sections. If you’re under 18 you will need to use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.
Membership is free. When you become a member you are provided with a Pastelle Media account accessible from any of your enabled devices. If you are an author, membership will allow you to join Pastelle Media authors network and, after our approval, have your music tracks visible on Pastelle Media Author platform section. If you are a visitor with interest to become a buyer, you can have easily access through the account which will be provided to you, to the list of music tracks under cooperation between you and us and be constantly up-to-date regarding any information about them.
2.2.3 Your responsibility
You promise that information you give us is true, accurate and complete and that you will keep your account information up-to-date. Your membership is not transferrable. You are responsible for any use of the Pastelle Media website that occurs in conjunction with your account, so please keep your password secure and don’t provide your username or password to other people.
If you realize there’s any unauthorized use of your account or any breach of security you need to let us know immediately.
2.3. Intellectual property
2.3.1 What We own
We own all the material we have uploaded to Pastelle Media website and relative platform sections (unless otherwise stated and excluding content owned by others). This includes the design, compilation, look and feel of the Pastelle Media website, and copyright, trademarks, designs and other intellectual property on Pastelle Media. You will not copy, distribute, modify or make derivative works of any content of our Pastelle Media website or use any of our intellectual property in any way not expressly stated in these terms.
2.3.2 What We don’t own
We are not the authors of the music tracks included in Pastelle Media website catalogue. An author can be accepted as member of the Pastelle Media Author platform section only in case the author warrants and take the responsibility towards us for the quality, safety and legality of the music works entered in our catalogue.
- Prohibited Conduct:
- Your obligations
Pastelle Media is determined to be a loyal and professional community, therefore some things are not allowed and will not be tolerated. We aim to take a common sense approach to the general code of conduct on Pastelle Media website and platforms but you promise that you will not:
- provide us and/or use a false email address, impersonate others, or misrepresent your affiliation with others;
- attempt to gain unauthorised access to computer systems or content through Pastelle Media website and platforms;
- use information gathered from or through Pastelle Media website and platforms in a way that create confusion or mislead for the consumers (for example, automatically gathering information in order to create a website provided with an interface too similar to Pastelle Media’s one);
- attempt to contact other members through Pastelle Media website and platforms or use any information gained from them with the purpose of coming to an agreement that would otherwise be made involving Pastelle Media;
- enter any arrangements that are not consistent with, or are intended to apply in addition to, these General Terms & Conditions;
- attempt to or interrupt, negatively impact or alter the Pastelle Media operation in any way;
- use Pastelle Media or any of its website content in a way that violate applicable law, any intellectual property rights or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, deceitful or defamatory;
- modify, reproduce, display, publish, distribute, transmit, copy, license, perform, create derivative works from, transfer, or sell or re-sell any information, music track, software or any content obtained from or through Pastelle Media website and platforms and cooperation with Pastelle Media in general, other than in accordance with these terms or the license granted for a specific content.
We strongly recommend that you don’t make your contact details public on Pastelle Media platforms or in any sort of communication through the Pastelle Media website. Contact details include your email address, street address, phone number, Skype contact .If you do, it must not be for any reason prohibited under section 3.1.
- Linking to Pastelle Media website and platforms
You, as User, are entitled to link to Pastelle Media website and platforms from other sites but you have to link to a full version of a page and not link directly to an image or file hosted Pastelle Media website and platforms. You must not surround any Pastelle Media website’s page with someone else’s content or branding. We reserve the right to insist on any link to the Pastelle Media website being discontinued, and revoking your ability to link to the Pastelle Media website.
4.2. Links from Pastelle Media website
Pastelle Media website may contain links to external websites. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites, even if they are affiliated to us.
We commit to have Pastelle Media website and platforms available to you 24 hours a day, seven days a week but occasionally you might not be able to access Pastelle Media website, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how Pastelle Media website works. Pastelle Media will not be liable to you for any loss you suffer as a result of these things.
- Data protection terms & conditions
- How we collect your personal data
6.1.1 Pastelle Media processes and stores only data which is necessary and required for business transactions.
We may collect personal information directly when you provide it to us, automatically when you navigate through Our website or through other people when you use services associated with our Website.
When you provide personal information to us via the website you’re consenting to us collecting and using that information in line with our data protection terms & conditions. You are likely to provide personal information when you complete membership registration and buy or provide music tracks or other content on our website, subscribe to a newsletter, email list, submit feedback, enter a contest, fill out a survey, or send us a communication.
6.1.2 If you choose not to provide personal information, we may not be able to provide you with our services and you may not be able to carry out transactions or access the full range of features available through our website.
- Your obligations
While visiting Pastelle Media website and platforms, you may also become aware of confidential information about us or another member. You warrant to not disclose any confidential information you should receive through Pastelle Media website and platforms to any other person.
- How we use your personal data
6.3.1 We may use your personal information in order for us to:
- structure our Pastelle Media website and platforms and provide you with services described on our website, and to help facilitate the resolution of any disputes;
- keep track of the performance of our services and have that information available at any time;
- customise our services and website;
- update you with operational news about our website and services;
- provide you with information that you request from us or we are otherwise authorized to provide you;
- monitor activity on the website, like to identify potential fraudulent activity and to ensure compliance with the user terms that apply to the website.
- respond to your comments or queries sent through the website or ask for your feedback;
- manage our legal and operational affairs;
- train Our team about how to best serve our community;
- provide general administrative activities.
6.3.2 While we take reasonable steps to preserve the security of User information, please be aware that we can’t promise that any information you provide to us is perfectly secure.
- When we may disclose personal data
6.4.1 We may disclose personal information to people like:
- subcontractors and service providers who assist us;
- our employees and professional advisers (lawyers, accountants, financial advisers etc)
- regulators and government authorities in connection with our compliance procedures and obligations;
- a purchaser or potential purchaser of all or part of our assets or our business, and their professional advisers, in connection with the purchase;
- other people where we are authorised or required by law to do so.
6.4.2 We use a network of global subcontractors and service providers in order to ensure that we maintain the best possible service standards. In order to protect your information, we take care where possible to work with subcontractors and service providers who we believe maintain an acceptable standard of data security compliance. By accepting the current Terms, you acknowledge that we can’t control or accept responsibility for the way our partners will use or manage your information.
- How we store personal data
We store personal information on secure servers that are managed by us and our service providers, and occasionally hard copy files that are kept in a secure location. Personal information that we store is subject to security and access controls, including username and password authentication and data encryption where appropriate.
- How you can access your data
You can access some of the information that we collect about you by logging in to your account. You also have the right to make a request to access other information we hold about you and to request corrections of any errors in that information. You may also close the account you have with us at any time.
- Your control about the sharing of your personal data
- Where we have your consent to do so, we may send you marketing communications about services that we feel may be of interest to you. You can ‘opt-out’ of such communications if you would prefer not to receive them in the future.
- If your e-mail address has changed and you would like to continue to receive our e-mails, you will need to access your account and update your e-mail address information in your account and sign-up again for those e-mails that you want to receive.
- If we send e-mails with commercial content we will generally include an “unsubscribe” facility that you can use to opt-out of further communications. We might not include an opt-out facility in important operational and service-based e-mails concerning things like the user terms and important updates. However, by using our website you agree that we do not need to include opt-out facilities in those messages.
- You also have choices about cookies. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject cookies some parts of our website may not work properly in your case.
- Data you disclose to others
If you make your personal information available to other people, we can’t control or accept responsibility for the way they will use or manage that information.
- Update of the data protection policy
We may need to change our data protection conditions from time to time in order to comply with the latest legal requirements and any changes to our privacy management practices. When we do amend the policy, the changes will be effective straightaway. We will usually publish information about changes to be made to this policy on our website – but please be aware that it is your responsibility to check in and make sure you keep up to date with any changes to data protection policy.
- Special provisions for Authors
- Your acceptance
These additional terms for authors (‘Author Terms’) apply specifically to authors which want to be included and are included in Pastelle Media Author platform.
You as Author, agree to add your music tracks to Pastelle Media catalogue and make them available to potential buyers on the basis stated in the general conditions of the current Terms and the specific Terms for the Authors contained in section 7 herein. The terms of cooperation between us, as Pastelle Media, and you, as the Author, shall be further described in detail in the License Agreement that is supposed to be finalized after agreement on some music tracks to be included in our website catalogue.
- How to become an author
Becoming a Pastelle Media’s author and entering your music tracks on Pastelle Media catalogue is free, but there is a review process your music tracks are subject to.
When you sell a music track through our website catalogue, you’re simply making it available to buyers and downloaders for using that track under certain conditions; you’re not actually selling the track itself. What you’re selling on our platform through the agreement finalized with Pastelle Media is a license to the buyer or downloader to use your track under the relevant license options set, on one hand, between you, the Author and Us and, in the other hand, between Us and buyers.
When you become an author, you can choose to make your music tracks available exclusively on the Pastelle Media catalogue or have the option of selling your tracks elsewhere. The percentage of revenue you receive from each sale of your track will vary depending on your choice and our collaboration pattern. The revenues sharing details will be included in a specific agreement having you, as the Author, and us, as Pastelle Media, respectively.
- Your obligations
As the author you promise to us and each potential buyer of your music tracks that:
- the track quality is acceptable and suitable for the selling purpose;
- the track matches the description given by you on track preview page, as well as any track preview;
- you have rights necessary to license your tracks on the terms of the applicable license;
- you will respect any express promises given to us and potential buyers that are not contained in Pastelle Media General Terms & Conditions;
- the buyer’s use of the track in accordance with the terms of the license does not infringe the intellectual property rights of someone else;
- the track and its description are not, inaccurate, false, deceitful, fraudulent, unlawful or defamatory;
- the track and its description do not violate any applicable law or regulation (including consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
- where applicabile, you have the appropriate model or property release for your track and you can produce a the track does not contain viruses or other codes, files or programs which could limit or destroy the functionality of other computer software or hardware. copy of that model or property release when requested by us or a buyer of your track.
- Buyers’ use of music works
We are not liable for any loss suffered by you as a result of a buyer or any other person making use of your music track or any of your contents uploaded to our platform contrary to Pastelle Media General Terms & Conditions or to the single track license.
- Our use of your music works
We may use the whole or part of your tracks to promote Pastelle Media platform. This promotional use may include use in public relations, emails, or on other sites (e.g. social networks). Every of these uses are not compensated to you.
- Content removal
We can look at or remove any of your content for any reason at our discretion. Reasons might include quality assurance, if we receive a valid copyright take-down notice, if we think that the content is unauthorised, deceitful, false, offensive, or in breach of anyone else’s rights, or if we think that your use of Pastelle Media platform and any content might result in liability to us or anyone else. Please be aware that we are not obliged to disclose to you the reason for the content removal.
Our goal is always to address these situations with you in an amicable manner. Our purpose is also to give you notice before your track or any of your contents shared with us is removed, but this is not always feasible, so we can’t guarantee this. We will not be responsible for any loss that you may suffer as a result of your track or content being removed.
- Account deactivation
As it is valid for the content removal, we can proceed with deactivating your account at every time for any reason and at our discretion..
- Special provisions for Buyers
8.1 Piracy/Copying prohibition
Piracy and Copying is illegal and criminally prosecutable.
8.2 Sell prohibition
The consultation, downloading and the receiving of a license on Musical Works issued by us in favour of you, as Buyer, does not allow the sell of the Musical Works to the public without the prior written consent from Us, which will also be summarized in a specific document, which is the Cue sheet.
- Other provisions
9.1 Force Majeure
9.1.1 Force majeure cases
The obligations and duties descending from the current General Terms and Conditions on Pastelle Media and the User respectively, shall be suspended during the period and to the extent that us or you, as User, are prevented or hindered from complying therewith by any cause beyond your reasonable control including (insofar as they are beyond such control but without prejudice to the generality of the foregoing expression) strikes, lock-outs, labor disputes, acts of God, wars, riots, civil commotions, malicious damages, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or other circumstances affecting their performance.
9.1.2 Suspension of obligations
If you, as User, or us , as Pastelle Media, are hindered or prevented from the performance of the obligations set out herein due to force majeure, the User or Pastelle Media shall give notice to Pastelle Media or the User respectively of the suspension as soon as reasonably possible, stating the date and the possible extent and duration of the suspension and the cause thereof. The failure to give such notice shall forfeit the rights of such Party to relief under this clause.
9.1.3 Recovery or Termination notice
Any Party whose obligations have been suspended as aforesaid shall resume the performance of its obligations as soon as reasonably possible after the removal of the cause and shall notify the other Party thereof. If the cause of the force majeure event continues for more than 6 (six) months either Party may be considered free from the obligations descending from these General Terms & Conditions by providing the other party 30 (thirty) calendar day prior notice.
9.1.4 Effects after termination
Within the expiration of the 30 (thirty) days term, we as Pastelle Media will remove the music works from Pastelle Media website catalogue and hard-drives and any other distribution medium reasonably within Our control.
Notwithstanding the foregoing, if any of the Music tracks or fragments of them have been submitted to a third party for purposes of attempting to secure a License, in any format now known or hereafter discovered, Pastelle Media shall not be responsible to retract, remove or otherwise request the removal of the same from the third parties. Further, if Licensed Works are part of a sub-licensee’s blanket agreement for a specific term or the license agreement for a Licensed Work contains a specific term (which may or may not include automatic extensions or options to extend such term), the Licensed Works will be removed at the expiration of any such sub-licensee’s agreement. Pastelle Media will not be responsible for the recall of any Phonograph Records once placed in the marketplace. Any Original Master Recordings, underlying Original Compositions, and Licensed Works in Our possession will be destroyed.
9.1.5 Account deactivation
Within the expiration of the 30 (thirty) days term, Pastelle Media will deactivate the User account in each platform of Pastelle Media website.
9.1.6 Involvement of third parties
Pastelle Media may at any time engage third parties to provide its services.
- Amendments to the General Terms and Conditions
Pastelle Media reserves the right to amend the General Terms and Conditions at any time. The relevant latest versions shall be published on Pastelle Media website (www.pastellemedia.tv/agb) before coming into force. You can close your Account and terminate your agreement with us at any time and in respect of any notice period, if you do not agree to the changes. However, if you continue to use Pastelle Media website and platforms after the changes are made, then you will be agreeing to the changes.
9.3 Court of jurisdiction
Should we, as Pastelle Media and you, as User fail to solve any dispute in an amicable way, the place of jurisdiction is Lugano, Switzerland.
9.4 Applicable law
In all other cases, the contractual relationship shall be subject to Swiss law.
9.5 Legal form of publication
The sole legally binding versions of the GTC, which also form an integral part of any agreement you will sign with Us (“General Terms and Conditions of Business Pastelle Media”) are those which are published electronically and made available at www.pastellemedia.tv/agb.
- How can you contact us
For any information about these GTC, you can contact us at:
Pastelle Media Sagl
Via Cantonale 18
6928 Manno – Switzerland
Pastelle Media Sagl, April 2021