peermusic Neighbouring Rights Terms of Use


Effective November 19, 2021

1. User’s Acknowledgment and Acceptance of Terms

Peermusic Neighbouring Rights, Ltd. (referred to as “Peermusic,” “us,” or “we”) provides the client portal website located at nrportal.peermusic.com and various related services, including access to statements of account (each a “Statement”) and other royalty and client information, (together referred to as this “Site”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us (or your company). In addition, when using particular services or materials on this Site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

By using this Site, you agree to be bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, please exit the Site now. Your remedy for dissatisfaction with this Site, or any products, services, content, or other information available on or through this Site, is to stop using the Site and/or those particular products or services. Your agreement with us regarding compliance with these Terms of Use becomes effective immediately upon commencement of your use of this Site.

These Terms of Use are effective as of the date set out above. We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this Site after such modifications will constitute your acknowledgement of the modified Terms of Use and your agreement to abide and be bound by the modified Terms of Use.

As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, and suppliers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or its contents.

2. Access

Access to the Site is provided solely as an accommodation and at Peermusic’s sole discretion, and is available only to (a) authorized representatives of an entity or individual that has one or more valid agreements with Peermusic or its Affiliates, (b) employees of Peermusic, and (c) such individuals and entities as Peermusic may invite to access the Site in its sole discretion.

You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem; and your own Internet access (including payment of service fees associated with such access).

We reserve the sole right to either modify or discontinue the Site, including any services or features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this Site shall also be subject to these Terms of Use.

You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

3. Privacy

In order to access the services on this Site, you will require a separate login ID and password. You will receive an invitation email (“Invitation”) from Peermusic containing a link that you can use to initially access the Site and set your password. Your login ID is the email address to which the Invitation was sent.

The information we obtain through your use of this Site is subject to our Privacy and Cookies Policy (see here), which is specifically incorporated by reference into these Terms of Use.

4. Conduct on Site

Your use of the Site is subject to all applicable laws and regulations and you are solely responsible for the contents of your communications through the Site. You agree that through your interaction with the Site you will not distribute or facilitate distribution of any content through the Site that:

1. Is unlawful or otherwise violates our rules or policies;
2. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
3. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
4. Impersonates any person or entity, including any of our employees or representatives.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else’s use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your access to the Site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

5. Third Party Sites and Information

This Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either expressly or implied.

6. Intellectual Property Information

Copyright © 2021, Peermusic Neighbouring Rights, Ltd. All Rights Reserved.

For purposes of these Terms of Use, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed or accessed by users of the Site.

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Peermusic Neighbouring Rights, Ltd. and/or its Affiliates. You are only permitted to use the content as expressly authorized by us. You are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site. Any unauthorized use of the content appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we nor our Affiliates warrant or represent that your use of the content displayed on, or obtained through this Site will not infringe the rights of third parties.

All Peermusic and Affiliate designations on this Site, custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Peermusic Neighbouring Rights, Ltd. or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Peermusic Neighbouring Rights, Ltd. or its Affiliates.

7. User’s Materials

Except as expressly set forth in our Privacy Policy, any material that you transmit to this Site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary except that your personal contact information and financial information will be treated as confidential and will not be used or shared. While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used, subject in all events to our Privacy Policy. Notwithstanding the foregoing, communications that include your personal contact information and financial information will not be shared or used except to provide requested services to you. We will protect this information in accordance with industry standards. If we use service providers to assist us in providing these services, they will also be required to protect your information and will have no right to use it except to assist us in providing services to you.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas, proposals, musical compositions or lyrics, all of which will be deleted without review, so please do not submit any of the foregoing to us in any circumstance.

8. Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Under no circumstances will Peermusic or its Affiliates be liable for any loss or damages caused by your reliance on information obtained through this Site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information or content available on or through this Site. In particular, you are urged to consult an appropriate professional licensed in your jurisdiction before relying on any accounting or other information obtained on or through this Site.

9. Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

11. Use of Site and Storage of Material

You acknowledge that we may establish general practices and limits concerning use of the services available on our Site, including without limitation the maximum disk space that will be allotted on our servers on your behalf and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Site. You acknowledge that we reserve the right to remove login IDs and passwords that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. You agree not to take any action that puts unreasonably or significantly large amounts of data or network traffic load on our IT infrastructure or disrupts the functioning of our systems or services.

This Site is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although we take reasonable precautions to preserve and protect the material and Statements you access from the Site, you should not rely on the Site as your only storage facility. You should preserve backup copies of any digital data, information, Statements, or other materials that you have accessed. You agree not to hold us responsible for any damage to, any deletion of or any failure to store your Statements or other material you access from the Site.

12. Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent. Therefore, you must take steps to select a robust password and to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.

13. Export Controls

Software available on or through this Site is subject to United States Export Controls. No software from this site may be downloaded or exported (a) into (or to a resident of) Cuba, North Korea, Iran, Syria, Sudan and the Crimea Region or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

14. International Use

Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in every location outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any service and/or information made in connection with this Site is void where prohibited.

15. Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1, 3, 5–11, 14, and 18–20 of these Terms of Use shall survive any termination.

16. Governing Law

By accessing this Site you and we agree that the statutes and laws of the State of New York will apply to all matters related to the use of this Site. You and we hereby specifically agree that any and all disputes arising between the parties related to the Site or any of the services provided therein shall be submitted exclusively to the courts of competent jurisdiction located in New York City, New York, U.S.A.

17. Notices

All notices to either party shall be in writing. Notices to Peermusic must be sent to Peermusic Neighbouring Rights, Ltd., 3510, Boul. Saint-Laurent, Suite 301, Montreal, Quebec, H2X 2V2 Canada by any verifiable courier service that requires and obtains the signature of the addressee. Notices to you may be sent either to the email address or mailing address we currently have on file for your account at that time. In addition, we may broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you.

Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.

18. Entire Agreement

These terms and conditions (including, for the avoidance of doubt, the Privacy and Cookies Policy) constitute the entire agreement and understanding between us concerning the Site and access to the Site and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

19. Miscellaneous

You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Use.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site.

In addition to any defense provided by applicable law, we shall be free from liability for non-delivery or delay in delivery of Statements, materials, and services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

20. Contact Information

Except as explicitly noted on this Site, the services available through this Site are offered by Peermusic Neighbouring Rights, Ltd., a Delaware corporation, with offices at 3510, Boul. Saint-Laurent, Suite 301, Montreal, Quebec, H2X 2V2 Canada. Our telephone number is + 1 514 327 7669.