MusicDNA Terms & Conditions

V1.1, 07.07.2016

1. Service Provider

The MusicDNA broadcast monitoring service (SERVICE) is provided by Bach Technology A.S., Nordre Nøstekaien 1, 5011 Bergen, Norway  (BACH).
This document has therefor to be interpreted in the means of Norwegian law.

2. Service and Package Definition

Service

The SERVICE is a fully automated fingerprint based surveillance system of radio stations worldwide. Extensive reports are created for songs which the user has selected or uploaded. The provided reports and graphical summaries are based on the detection of plays on monitored radio stations in the selected region. For the service period the following resulting data will be provided for the active songs of the user:
  • Number of total plays identified, split in region, country and radio channel (as part of downloadable PDF report)
  • Detailed list of detection incl. date and start time, radio station, city of radio station (online real time display and as part of the downloadable PDF report)
Additionally the report data are preprocessed for a detailed and user friendly display in the following form:
  • Graphical display of detections on a geographic map, based on plays per country and time period (online real time display)
  • Graphical display of trend/number of detections on a time scale (online real time display)

Service duration, accessibility of data

The monitoring results can be obtained via the MusicDNA Radio web page (www.musicdna.com) during the payed service period. With expiration of this service period the right of access to the monitoring results cease. However BACH will continue to provide access to the last report for two weeks from expiration date on.

Activation of songs

Songs can be activated for the monitoring by either selecting them from the MusicDNA database or by uploading the according audio file. If a song is uploaded before 7pm UTC it will be fingerprinted and ingested into the system until 4am UTC the following morning. The monitoring will start from the moment of successful ingestion. In case the fingerprint creation should have failed (due to corrupt audio file etc.) the song will be marked as not active in the “Manage Songs” section (see menu bar).

Depending on the selected service package active songs can be deactivated and replaced with other songs (switching). BACH is only obliged to provide detection data for the time period a song was active.

Monitored stations

The list of radio stations under active surveillance can be found under Help->Monitored Channels. Should a station not be included in the list its addition to the system can be suggested via email. BACH will then evaluate the technical preconditions for this station and will add it if possible.

Uptime, downtime intervals

BACH is guaranteeing an uptime of the reporting system and login page of >94%. Regular service intervals will be announced on the web site 3 days in advance.

Although BACH is achieving a general high service level and ensures that detections are correct the availability of radio stations for active monitoring depends also on the reachability of their web or satellite streams. BACH is not responsible for technical problems caused by third party e.g. temporary outages of satellite or web streams caused by technical issues within the radio station.

SERVICE packages

The description of service packages / products is stated under http://www.musicdna.com/en/preise/

Misuse

BACH is reserving its right to terminate a service contract in case of misuse. Misuse is for instance the willful attempt of disturbance of the service by ingesting manipulated or corrupted audio or metadata, massive sharing of a named account, attempt of creating a database dump by massive song switching, the redistribution or resale in parts or complete with the goal to generate revenues with similar or comparable business ventures as BACH, etc.

3. Rights of use (CLIENT)

The CLIENT has the right to use the SERVICE in its intended form.

The SERVICE is provided as a named account, identified by the chosen login name. The CLIENT in person or the organization which purchased the SERVICE account is automatically the account holder.

The CLIENT retains all ownership rights on uploaded material but gives BACH restricted usage rights to enable and perform the SERVICE and others as described in paragraph 4.

The CLIENT is not allowed to resell or redistribute the service in parts or complete with the goal to generate revenues with similar or comparable business ventures as BACH.

4. Rights of use (BACH)

BACH is reserving the right to use the created fingerprints, e.g for monitoring and the results obtained for generating statistical data for radio channels, areas or regions and to further monetize these statistics.

5. Intellectual Property

The Client (CLIENT) acknowledges that the SERVICE and its underlying software contains proprietary and confidential information that is protected by applicable intellectual property and other laws. BACH and/or third parties own all right, title and interest in and to the SERVICE. Unless explicitly set forth otherwise in this Agreement, all rights in the SERVICE remains exclusively with BACH.

6. Consideration

The CLIENT shall pay to BACH the fees as set out in the price List and the shopping process of the http://www.musicdna.com/en/preise/ website plus VAT, if applicable, for the ordered SERVICE.

7. Liability

BACH's liability – irrespective of its legal ground – shall be limited as follows:

BACH shall be liable (i) in cases of intent and gross negligence; (ii) in cases of injuries to life, body or health; (iii) under product liability law; or (iv) under a guarantee explicitly given by BACH as such in writing.

BACH's liability for slightly negligent breaches of Cardinal Duties shall be limited to the damage which was typical for this type of service performed hereunder and foreseeable by BACH upon the execution of this Agreement.

The foregoing limitation of liability shall also apply in case of any personal liability of employees, proxies and corporate bodies of BACH.

BACH's liability – irrespective of its legal ground – shall be limited to the value of the agreement and the money paid by the CLIENT to BACH to perform the SERVICE.

8. Force Majeure

None of the Parties to this Agreement shall be responsible for or shall suffer any penalty for any breach or delay in performance of any of its obligations described herein, if such breach or delay is caused by a Force Majeure event. Each Party shall promptly notify the other of any Force Majeure Event, the expected length of the same, and its anticipated effect on the affected Party and shall use reasonable efforts to overcome such event. Any of the Parties may terminate this Agreement without penalty in the event that a Force Majeure event impedes the compliance with its obligations or the obligations of the other Party for a period of sixty (60) consecutive days or more.

9. Term and Termination

The Agreement shall enter into force as soon as the CLIENT accepts the terms and conditions of this Agreement by clicking on the respective button on BACH's designated website for the SERVICE and the money for the ordered SERVICE is received by BACH. The Agreement shall have a definite Term, determined by the SERVICE period ordered and paid for by the CLIENT. The right of the Parties to terminate the Agreement for good cause and with immediate effect shall remain unaffected. A good cause shall be deemed the case if the CLIENT defaults in payment of any fees due and still fails to pay despite being sent a reminder, or culpably commits any breach of duty that is more than merely insubstantial.

On termination of the Agreement the CLIENT's account is deleted, thus disabling access to the SERVICE.

10. Miscellaneous

Should one or more provisions of this Agreement be invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected thereby. Such invalid or unenforceable provision(s) shall be replaced by such appropriate provision that, to the extent legally permissible, comes closest to the actual or assumed intention of the Parties at the time of the conclusion of this Agreement. The same shall apply mutatis mutandis if this Agreement fails to address an issue which it should reasonably have contemplated.

11. Change of terms

BACH is continuously improving and evolving its services and also incorporating customer requests and suggestions. This is leading to changes in the SERVICE and in the SERVICE packages as time progresses. BACH therefore reserves the right to make these changes and to adjust his terms and conditions accordingly. In the case that new terms become active BACH will publish them under http://www.musicdna.com/en/terms

12. Translation, language versions

In cases of doubt as to the interpretation of the General Terms and Conditions, the English text shall take precedence over any other versions.