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A continuación se detallan las Condiciones Generales (en adelante, las "Condiciones") que regulan el acceso y/o uso por usted (en adelante el "Cliente") de los servicios prestados por Nomuzak S.L. ("Musikaze") mediante el sitio web www.musikaze.com (en adelante, el "Sitio Web"), así como de todos sus productos, contenidos, Servicios de Pago y servicios relacionados, incluidos cualesquiera ampliación, actualización o modificación de cualquiera de ellos (en adelante conjuntamente el "Servicio"). POR FAVOR, LEA DETENIDAMENTE ESTOS TÉRMINOS Y CONDICIONES, PUES EL HECHO DE ACCEDER Y/O USAR EL SERVICIO Y/O DE COMPLETAR EL PROCESO DE REGISTRO, SIGNIFICA QUE USTED HA LEÍDO, ENTENDIDO Y ACEPTA, SIN RESERVA ALGUNA, ESTOS TÉRMINOS Y CONDICIONES.
El acceso al Servicio está totalmente prohibido para personas menores de 18 años. El Cliente declara y garantiza por este medio que posee, al menos, 18 años, garantizando también que no pondrá a disposición de ningún otro menor de 18 años ninguna parte o la totalidad del Servicio. En caso de que Musikaze sospeche o tenga constancia en cualquier momento o llegue a conocer que una persona menor de 18 años ha accedido y/o ha utilizado y/o se ha registrado para utilizar el Servicio, Musikaze procederá inmediatamente a cancelar el registro y/o impedir el acceso o la utilización del Servicio por dicha persona.
Musikaze es una sociedad española, con domicilio social en CL El Fondaque-Tuilla, 19 - 1, Langreo 33935 (Asturias), ESPAæ#39;A y CIF: B-74150723 estando inscrita en el Registro Mercantil de Asturias al tomo 3410, libro 0, folio 39, hoja AS-33316, inscripción 1.
Musikaze shall provide their Service via two types: 1.- Basic Type: In this category, Musikaze shall make it possible for the Customer to register with the Service, thereby enabling him or her to enjoy the following facilities: - Access to the User Area (where he or she can access his or her profile, documentation, invoices, etc.); - The posting of per word announcements free-of-charge (including text and images); - The posting of Games and Quizzes; - The sending of comments to the different sections of the Website; - Subscription to the Musikaze News and Current Affairs Bulletin; - Taking part in the forums set up on the Musikaze Sites; - Creating personalised lists of favourites; - Going shopping in the Musikaze Shops; - Notifying Musikaze of the existence of contents that are illegal, obscene or in any other way inappropriate found on the various Musikaze Sites. The User Area consists of a tool developed by Musikaze that enables the Customer to control his or her personal and invoicing details as well as to manage the different services he or she has contracted and to carry out registrations, cancellations and modifications therein and thereof. Having successfully completed the registration and subscription process, the Customer shall be able to issue invitations to third parties giving them the right to access a free demonstration of the Service during a certain period of time in accordance with the terms stipulated with respect to the aforementioned demonstration in these Conditions. 2.- Advanced Type: In addition to the facilities described above in the basic Service type section, the advanced Service will enable the Customer to enjoy the following facilities: - The setting up of a specific website (“Musikaze Site”) that can be fully configured by the Customer in order to house, post and access information and contents of his or her choice; - The selling of products and tickets for concerts online using the tools put at his or her disposal by Musikaze on their Website; - The posting of news and concerts on the Musikaze listings: - The inclusion of his or her music files in the Musikaze digital radio service. In general terms, the Customer shall have to comply with these Conditions regarding the use and provision of the Service, including any of the types and facilities described in this section as well as those which Musikaze might make available to the Customer in the future. The facilities included in the Service provision package shall be provided in accordance with the following conditions: - Customer Registration: Customers can register themselves with the Musikaze Service by completing the registration process established on the Website and create an account free-of-charge in accordance with that established in clause 1 of these Conditions. - The User Area (“UA”): The instant a Customer account is created via the Website, Musikaze shall provide the Customer with his or her own UA, which is the virtual space within the Website where the Customer shall be able to view and modify his or her registration details, view the list of products he or she has subscribed to, subscribe to additional services and create word announcements or quizzes, view his or her invoices, among others. Access to the UA is securitised, and it can only be reached via the SSL protocol. In his or her UA, the Customer shall have access to all of his or her documentation regarding the services to which he or she has subscribed, including the invoices corresponding to the Service requested (both his or her own and those corresponding to the online sale of products). - Word Announcements and Quizzes: The Customer can post Word announcements free-of-charge. Likewise, the Customer shall be able to create and post games and quizzes. These announcements and quizzes shall be displayed to any user of the Musikaze Website. Whatever the case, the Customer shall only be able to post these elements in accordance with these Conditions. - Bulletins: The Customer shall be able to subscribe to/cancel his or her subscription to the section of the UA that enables him or her to receive the news and current affairs Bulletins prepared and issued by Musikaze in accordance with the preferences of the Customer. - Setting up a Musikaze Site: A Musikaze Site is a space or mini-site which the Customer can contract via the Website in order to use it as the webpage of his or her band, festival, record label, among other things. This means that the Customer shall be able to configure and chose the format of the Musikaze Site in accordance with the formats put at his or her disposal, thereby covering his or her needs. The Customer shall be able to set up the Musikaze Site via the Website’s virtual shop, where he or she shall find all the facilities required for setting up these sites. In order to do so, the Customer shall be able to select the type of Musikaze Site he or she wants and its format, validate the personal details required for carrying out the process and pay for the service in accordance with that stated in clause 3. It shall be possible for the Customer to configure his or her own Musikaze Site and include the information he or she wishes to display on the Internet: news, concerts, discography, photo gallery, multimedia (songs and videos), etc. (if and when the Website permits or accepts the formats of the files included by the Customer). It shall not be possible for the Users of the Website to download the multimedia files included by the Customer. Instead, these shall have to be played using the corresponding audio or video player. The Customer shall be able to post multimedia files featured on other websites if and when these comply with all the Conditions and he or she obtains the necessary authorisations of the corresponding titles. - Ticket Sales: In the concerts section Customers shall have access to a tool that enables them to sell tickets to their own concerts online. However, Customers shall only be able to sell tickets to their own concerts or to those for which they have the necessary authorisations. Musikaze shall put tools at the Customer’s disposal that enable him or her to sell the tickets and the user to buy them on the Website. Whatever the case, the Customer shall not only be responsible for obtaining all of the authorisations or licences he or she needs to sell the products, but also for the sales process, the validity of the tickets and for ensuring that these enable the legitimate purchasers to both dispose of and gain access to the event in question. To this effect, Musikaze shall put the technical tool for collecting the applications of the users and forwarding these to the Customer at the Customer's exclusive disposal. Musikaze shall collect the amounts paid by the user for the tickets acquired and shall subsequently pay the owner of the Musikaze Site the sum corresponding to the tickets sold whilst retaining a percentage as a sales management fee (“Advanced Sale Expenses”). - Online Shop: It shall be possible for each Musikaze Site to include its own online Shop via which the Customer shall be able to market a catalogue of products that he or she wishes to sell (CDs, T-shirts, etc.). To enable this, the online Shop shall be equipped with the functionality required for the placing of orders. The purchasing procedure shall be based on the user putting the products he or she wishes to buy in the “shopping trolley”, entering his or her personal details and actioning the purchase. Whatever the case, the only method of payment that the user shall be able to accept is that of cash on delivery. The owner of the site shall be responsible for all of the tools required to market his or her products online, signifying that he or she shall not only have to comply with everything stipulated in the regulations applicable to the purchase and sale of products over the Internet, but also enter into a direct undertaking with the user to comply with the service requested and establish the terms and conditions applicable. Musikaze shall only provide the placement of orders functionality. - General Lists: Musikaze shall publish the information about the different existing Musikaze Sites on the Website in the form of General Lists. Therefore, the News page of musikaze.com shall display a list of news items extracted from the sites; the Concerts page shall feature a list of all the concerts advertised on the different sites, etc. The General Lists shall be: News, Concerts, Records, Articles and Audio/Video, and Radio. - Radio: Musikaze shall provide the users of the Website with a digital radio station which shall broadcast, via an audio player, the songs featured on the existing Musikaze Sites. The songs posted on the Musikaze Sites shall be selected at random by a computer application, although the Customer shall be able to notify Musikaze that he or she does not want one or more of his or her files to be played on the Radio. The technical characteristics and functionality of each of the facilities included in the Service shall be clearly specified on the Website at all times. Whatever the case, Musikaze shall publish any change that affects the Service on the Website. Above all, Musikaze shall publish on the Website the technical and commercial terms and conditions (such as, for example, the capacity provided in each facility of the Service, etc.) governing the provision of the content hosting services, as well as the level of service provided by Musikaze for said hosting. Whatever the case, Musikaze shall not provide the Customer with any other facility within the Service that is not expressly specified in these Conditions (i.e. bearer and Internet connection services, remote access to the Website or to the Customer’s Musikaze Site, email management services, DNS management, among others). In order to have access to these, the Customer shall have to have contracted these, where appropriate, separately and in advance to be able to access the Service.
The process of registering with and subscribing to the Musikaze Service and access to the UA as well as the management of the services contracted are all free-of-charge.
In order to be able to use certain facilities of the Service, the Customer shall have to pay the required amounts in accordance with the tariffs currently in force and described for each facility on the Website. The prices do not include taxes or any of the other expenses that might be necessary to enable the Customer to receive provision of the Service (i.e. connection to Internet, arrangement of the necessary equipment items, etc.). Payment for the Service shall have to be made in advance, meaning that once the Customer has requested the Service and/or the facility thereof that he or she requires, this/these shall not be activated until payment of the corresponding amount has been received by Musikaze. Whatever the case, the Customer shall be responsible for the payment of the invoices generated by the Service requests made via his or her user account.
Payment shall be made using one of the following methods:
- Banker’s card via the payment gateway.
- Bank transfer to the account indicated by Musikaze in the corresponding form.
- Deposit in Musikaze’s bank account.
- Via the PayPal payment system.
Once payment for the Service requested by the Customer has been received, Musikaze shall activate said Service and shall proceed to issue the corresponding invoice containing a list of all the items which go to make it up. Musikaze shall only issue electronic invoices, and these shall be forwarded telematically, meaning that the Customer expressly accepts the issue and reception of the invoices in this format as the only invoicing medium for the Service. Whatever the case, Musikaze shall scrupulously comply with the legislation currently in force in Spain with respect to electronic invoicing.
For each bank return that occurs due to causes which are attributable to the Customer, Musikaze shall charge an additional sum of 6 euros, plus the EURIBOR interest rate at 12 months plus 4%, calculated on a daily basis until all the amounts have been paid. Musikaze reserve the right to temporarily suspend the service provided in the event of any non-payment for the Service. In those cases of the Service being terminated in accordance with clause 6 due to non-payment by the Customer, Musikaze shall proceed to delete all the details associated therewith. It the Customer wishes to re-contract the Service, he or she shall have to re-enter all his or her personal details, with Musikaze reserving the right to reject the new application.
Musikaze reserve the right to modify the prices stipulated on the Website. Should Musikaze change the prices of the Service, they shall inform the Customer of said modification via a notification posted in the User Area. In the event of any modification of the prices of the Service involving increases of 20% or over during the Initial Period or during any Renewal Period respectively, the Customer shall have the right to cancel the Service provision agreement by notifying Musikaze in writing within the 30 calendar days following the notification of the modification of the prices by Musikaze. In this event, Musikaze shall terminate the provision of the Service as soon as the time period for which the Customer has already paid for the Service expires.
In those cases in which a Customer accesses the Service by way of an invitation to a test period (henceforth, the “Test Period”), he or she shall have a period of six months as of the creation of the Musikaze Site, non-renewable, during which he or she shall be able to enjoy the corresponding Service free-of-charge. Once this Test Period is over, the Customer shall have to pay the corresponding prices in order to continue enjoying the Service requested in accordance with the tariffs in force at that time. All of the remaining clauses contained in these Conditions shall be in force during the Test Period.
The Customer shall have to comply with these Conditions when using, accessing and/or regulating of the Service as well as with any regulations applicable to the Customer’s activity, information and contents provided via his or her Musikaze Site.
The Customer shall have to comply with the following obligations in relation with the Service:
(i) The Customer must pay Musikaze the sum specified for the Service in accordance both with the terms described in these Conditions and the tariffs in force at any given time.
(ii) The Customer shall have to provide Musikaze with true and correct personal details and undertake to maintain these duly updated. The Customer shall be solely liable with respect to any conflicts or disputes which might result due to the falseness of the details provided. Above all, the Customer is obliged to maintain the e-mail address he or she provides in his or her UA for communications with Musikaze operative, active and updated, as this constitutes the means of communication between both parties with regard to the provision of the Service. If the Customer wishes to change the electronic mail address originally provided, he or she shall have to do so using the tools provided for this purpose in the UA and shall be fully responsible for any damage derived either from the failure to correct this information or omitting to update it.
(iii) The Customer shall be responsible for saving a copy of all the information contained in his or her Musikaze Site in order to replace these contents should it be necessary to do so.
(iv) In particular, but without limitation, the Customer must not, in relation with or within the confines of the Service:
The Customer assumes full responsibility for the information, contents, services, etc. of his or her Musikaze Site, as well as for the legal terms and condition that he or she must comply with respect to making these available (such as, for example, the regulations governing Internet services) and for the entirety of its content. Musikaze reserve the right to suspend, totally or partially, the provision of the Service in the event of them being made effectively aware, via any means, that the use to which the Customer is putting the Service is in non-compliance with that stipulated in these Conditions or with the regulations applicable. Likewise, Musikaze reserve the right to suspend the Service in the event of the Customer, by merely using or accessing it, might constitute a serious risk to the security and integrity of Musikaze’s equipment or services. Whatever the case, Musikaze shall notify the Customer of the aforementioned infringements and violations as soon as they have effective knowledge regarding these and proceed to suspend the Service temporarily (or definitively in the event of deeming this necessary in the light of these Conditions) until the matter has been correctly resolved. Specifically speaking, Musikaze shall put a tool at the disposal of Customers the purpose of which is that of enabling them to notify Musikaze of the existence of contents which are illegal, illicit or inappropriate in any other way.
The Customer shall compensate and hold Musikaze, and their agents, representatives and directors free and harmless for any damages caused to Musikaze as the result of the activity carried out by the Customer via the Service, including all of the expenses incurred and, above all, without limitation, for the non-compliance with any legislation applicable to the services provided by the Customer via his or her Musikaze Site, even in the event of a non-definitive court ruling.
All of the contents and elements of the Service and of the Website, including as stated and without limitation, texts, drawings, brands (registered, non-registered or in the process of registration, including the name “Musikaze”), logos, graphics, animations, source codes, applications or any other element are the property of Musikaze or of their licensing bodies. The copying, transformation, distribution or public communication of these, as well as any other act making them generally available, are all strictly prohibited unless the corresponding authorisation is obtained from Musikaze.
The Customer shall guarantee Musikaze that he or she is the owner and/or holder of the copyrights and industrial property rights required to include the corresponding contents on his or her Musikaze Site, with the Customer assuming total liability for any infringement of the aforementioned rights, and in particular any payment that ownership of the rights in question might incur, an accordance with clause 5 of these Conditions. Likewise, by accepting these Conditions, the Customer grants Musikaze and the companies that form their group a free, indefinite, non-exclusive and worldwide licence to use the Customer’s contents in relation with the provision of the Service by Musikaze. Above all, the Customer grants said licence in order to enable Musikaze to play, publically communicate in manner and distribute any of the Customer's contents via the Musikaze Website. In this sense, the Customer expressly authorises the use of said contents for the compilation of the general lists (lists of Musikaze Sites, new items, concerts, multimedia and articles) posted on the Website as well as for the provision of the digital radio service pertaining thereto.
Likewise, the Customer authorises Musikaze to grant, transfer the aforementioned rights to third parties using any medium and license. Any other act of disposal by Musikaze regarding the Customer’s contents shall require his or her prior authorisation.
All information or documentation that any of the parties exchange with the other for the purpose of providing the Service shall be considered as being confidential information.
The parties agree to exclude from the category of confidential information any information that the Customer has provided Musikaze with and that he or she has included or published on his or her Musikaze Site, as well as all that information that has been divulged using any medium by the party who is the owner of the information. This obligation of confidentiality shall remain in force until two (2) years after the Service has ceased to be provided.
Neither of the parties shall acquire any right whatsoever over any confidential information or other property rights from the other party for the provision of the Service.
These Conditions shall enter into force as of their acceptance by the Customer and, whatever the case, from the moment at which the Customer uses or accesses any of the facilities included in the Service in any way.
The minimum duration of the Service shall be one (1) year as of reception of the Customer’s application (“Initial Period”), and this shall be automatically renewed for periods of one (1) year (“Renewal Period”). In the event of either party not wishing to renew the Service, one of them shall inform the other of said intention in writing via the UA giving notice of this at least three (3) months prior to the termination date of the Initial Period of the Service or of any of the Renewal Periods. Whatever the case, the Service shall not be understood as being effectively cancelled until the date on which the period paid for in advance by the Customer has expired, with each party having to comply with the obligations established in these Conditions. If the Customer requests cancellation via the UA, this shall be carried out automatically. Therefore, the Customer is warned that he or she must be aware of these circumstances in order not to lose the contents of his or her Musikaze Site.
The Service shall be terminated for general causes accepted by the law. Whatever the case, Musikaze reserve the right to modify, suspend, restrict or interrupt, temporarily or permanently, access to and/or use of the Service or to and of any part thereof, including the cancellation of the Customer’s account in particular, but without limitation, should the following occur:
The Customer shall be entitled to voluntarily request the cancellation of his or her subscription to the Service by following the procedure established on the Website for this purpose. This cancellation shall come into effect as soon as the period of the Service already paid by the Customer has run its course.
Cancellation of or expulsion from the Service or parts thereof shall not give the Customer the right to any form of compensation or reimbursement by Musikaze. Once the Customer has cancelled or been expelled from the Service, he or she shall have to abstain from using any part thereof. In the event of the Service being terminated, either for the reasons previously mentioned or for any others covered by the law, the Customer shall have to comply with all of the obligations that follow the termination of the Service in accordance with these Conditions.
In compliance with the regulations currently in force with respect to the protection of information of a personal nature, Musikaze inform the Customer that the personal information gathered via the Website shall be included in a personal information file and duly registered with the Spanish Information Protection Agency.
The sole purpose of the gathering and processing of information of a personal nature is that of providing the Service and maintaining the contractual relationship established between the Customer and Musikaze, with maintaining being understood as all of the tasks involved in managing, providing, charging for, expanding and improving the Service as well as other Musikaze in-house activities. This information will only be transferred to those bodies, public or private, deemed as necessary with the sole purpose of fulfilling the aforementioned objective or in the event of this being required by the regulations currently in force.
Likewise, Musikaze inform that they possess the technical and organisational means necessary for guaranteeing the security, integrity and confidentiality of the information in conformance with that stipulated in the applicable regulations governing the protection of information of a personal nature.
The Customer shall, at any time, be entitled to exercise his or her rights of access, opposition, rectification and cancellation as stated in the regulations via the UA or by sending an electronic mail containing his or her request to the following address: firstname.lastname@example.org.
According to article 12.2 of the Spanish Personal Information Protection Act, in the event of the Customer including files containing information of a personal nature on his or her Musikaze Site, Musikaze shall be entrusted with the processing thereof and, therefore, shall follow the instructions of the Customer with respect to the processing of personal information and not use the files for purposes other than the provision of the Service or communicate them to other persons unless specifically instructed to do so by the Customer.
Musikaze shall not beheld responsible for the non-compliance of the Customer with the regulations applicable in matters of information protection, with each party assuming liability as regards the obligations established in said regulations.
In the interpretation and resolution of any conflicts that might occur between the parties as a result of these Conditions, it shall be Spanish Legislation that is applied.
In order to resolve any differences that might occur as a result of the interpretation and implementation of these Conditions, both parties shall be subject to the jurisdiction and authority of the Courts and Tribunals of Langreo (Asturias, Spain), and renounce their own jurisdiction in the event of it being different.