Welcome to SoundStorming, the interactive platform that connects artists and fans in a collaborative and creative space. Please read these Terms and Conditions (hereinafter, "Terms") carefully before proceeding with the use of the SoundStorming platform (hereinafter, the "Platform").
OWNERSHIP OF THE PLATFORM
For the purposes of article 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, we inform you that the owner of the Platform is SoundStorming, S.L. (hereinafter, the "Company"), with registered office at Romaní 11 street in Cànoves i Samalús, 08445 Barcelona, provided with NIF B- 56706781, and registered in Barcelona.
If you have any questions about these Terms, you can contact us at the email address support@soundstorming.com.
PURPOSE AND SCOPE OF APPLICATION
These Terms regulate the access, browsing and use of the Platform by the users of the same (hereinafter, "User/s" or "Fan/s”), as well as the responsibilities derived from the use, provision and/or contracting of the services that, where appropriate, may be offered and contents that integrate it, without prejudice to the fact that the Company may establish particular conditions that regulate the use, provision and/or contracting of specific services that, where appropriate, are offered to the Fans through the Platform.
Access to the Platform and its content is free, without prejudice to the cost derived from the connection through the telecommunications network provided by the access provider contracted by the users.
CONDITIONS OF ACCESS AND USE OF THE PLATFORM
The Platform is aimed at users over 18 years old.
The user undertakes to make an appropriate and lawful use of the Platform, as well as of the contents and services available from it, in accordance with the applicable legislation at any time, these Terms, morality and generally accepted good customs and public order.
The user, by accessing and using the Platform, undertakes to:
- Guarantee the authenticity, truthfulness, timeliness and accuracy of all data that he/she communicates to the Company, being such user solely responsible otherwise.
- Use the Platform only and exclusively for the purposes and functionalities available in compliance with these Terms.
- Make a legal and legitimate use of the Platform, being prohibited any unauthorized, fraudulent, illegal or illegitimate use of the same and/or of the contents and information available through the Platform.
- Not cause damage to the systems or elements associated with the Platform, of its suppliers or of third parties, or attempt to breach the security or authentication measures of the same, carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure or of the communications environment related to the Platform or the services available through it. The Company may adopt any preventive or corrective measures that are necessary to protect its interests in order to ensure the proper functioning of the Platform and the specific functionalities available in each case.
- Not introduce or disseminate through the Platform computer viruses or malware that are likely to cause damage to the systems or functionalities.
- Not use data scraping techniques or similar that allow to aggregate, reuse or exploit in any way the content published on the Platform.
- In particular, and by way of example and not limitation, the user undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, that may constitute an infringement of the rights of the Company or of third parties.
- Not introduce, store, or disseminate on the Platform, information or material that is defamatory, injurious, obscene, threatening, xenophobic, incites violence, discrimination on grounds of race, sex, ideology, religion or that in any way violates morality, public order, fundamental rights, public freedoms, honor, privacy or the image of third parties and in general the current regulations.
- Not access without authorization or interact with a false identity, impersonating or not the identity of third parties or using a profile or performing any other action that may cause confusion or mislead about the correct identification of the user in question.
- Respect the intellectual and industrial property rights of the Company, the artists or of third parties and, in particular, and by way of example and not limitation, not redistribute, transmit, assign, sell, retransmit, rent, share, lend, modify, adapt, edit, sublicense, or make available to the public, or in any other way transfer or use the contents available through the Platform.
- Not remove or modify any indications or notices about copyright, trademarks or other intellectual and industrial property rights included in the content or services available or offered through the Platform.
The breach of the commitments assumed in clause 3.3., as well as any other condition of use stipulated in these Terms, may result in corrective actions by the Company. These actions include, without limitation, the temporary suspension or definitive termination of the User's account. The Company reserves the right to exercise such corrective actions without prior notice to the User in case it considers that the User's conduct jeopardizes the integrity, security or reputation of the Platform, other users or third parties.
ACCESS AND REGISTRATION
The access and browsing through the Platform do not require prior registration. However, in order to access some of the functionalities of the Platform, prior registration on the same is necessary. The registration on the Platform is free of charge, without prejudice to the possible payment that requires the enjoyment of some functionalities available on the Platform, described in clause 5 of these Terms.
By successfully completing the registration process on the Platform, the registered user will acquire the status of "Fan". This status is essential to access and use the additional functionalities and exclusive features offered by the Platform, such as:
- Functionalities access. The Fan will be able to access the full functionalities of the Platform, which include, but are not limited to, the functionalities Share ideas, Community Polls, Coming Live and Live now.
- Active participation. The Fan will be able to participate in the interactive activities that are enabled on the Platform, subject to the specific rules or limitations that may apply to such activities.
- Integration into the artist’s community. As a Fan, the user joins the community of his/her artist on the Platform, which allows him/her to interact with the artist, share opinions, receive notifications and personalized updates, among others.
When proceeding to the registration for the creation of a Fan profile, the User has the option of using his/her social network account to facilitate the process. By selecting this registration option, the User is aware that the Company may access the necessary information from his/her account of the selected social network to complete the profile creation process. In case the User prefers not to use a social network account for the registration, he/she may choose to register without using this modality and, where appropriate, the necessary information for the creation of his/her profile as a Fan will be provided. For detailed information on the processing of personal data by the Company, please consult the Privacy Policy.
The Fan is responsible for maintaining the security and confidentiality of the username and password selected, as well as any use made of them, including all the activity of the account attached to such credentials.
In case of loss or theft of the access credentials to the account, that is, the email address, username and password, the Fan must notify the Company and proceed to change the password as soon as possible.
The Company reserves the right to reject, cancel, delete or reassign specific usernames under certain circumstances, at its sole discretion. In addition, the Company may suspend or terminate the accounts of the users (Fans), with or without prior notice, in case of activities that infringe these Terms, the rights of third parties, or any law or regulation in force.
The User has the possibility of canceling or suspending their Fan account at any time they wish, by accessing their Fan account profile.
THE PLATFORM
The right of access and use of the services provided through the Platform is personal and non-transferable. The User may use the services exclusively for his/her personal use, without commercial purposes. The User may not use the services to redistribute, transmit, assign, sell, retransmit, rent, share, lend, modify, adapt, edit, sublicense or in any other way transfer or use the contents available through the Platform.
These Terms regulate the access and use of the functionalities that are offered through the Platform. Each functionality is designed to enrich the experience of both the artists and the Fans, and its use implies the acceptance of these Terms. The Platform offers the following functionalities:
- Share ideas. This functionality is designed for the artists to share with the Fans snippets of their work, rhythms and initial ideas. The Fans are offered the possibility of enjoying an exclusive access to the Artist's Content (as defined in clause 6.4 of these Terms) and of actively participating by providing their opinion and feedback.
- Community Polls. This functionality allows the Fans to have the opportunity to participate in polls that may influence the creative process of the artists.
- Comming Live. Through this functionality, information is provided about the live events that the artists will perform soon.
- Live now. This functionality offers a live chat for the Fans to communicate directly with the artist. The use of this functionality is subject to the rules of conduct established in clause 5.3. of these Terms.
- Points and rewards. The interaction with the Platform and the artists allows the Fans to accumulate loyalty points that can be redeemed for exclusive experiences and other benefits, such as discounts on concerts and additional services available on the Platform. The amount of points awarded will vary according to the nature and frequency of the Fan's interaction.
The Platform offers its users the possibility of interacting and sharing content through several of its functionalities that constitute communication channels designed for interaction between Fans and artists, as well as between Fans. To ensure a positive and respectful experience for all participants, Fan contributions and participation must not:
- contain any material that is defamatory towards any person or group
- contain obscene, offensive, hateful or inflammatory material, promote sexually explicit material or promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
- infringe or incite to infringe the copyright, database rights or trademarks of the owner of the Platform, the artist or any third party
- be likely to be misleading or deceive third parties
- cause confusion about your identity or relationship with third parties
- be threatening, abusive or invade the privacy of third parties, or may cause annoyance, inconvenience or anxiety to another or other users
- in general, support, promote or assist any type of illegal activity.
The Platform allows Fans the possibility of staying updated with the profiles of the artists and brands of their interest through the following option. Fans have the freedom to follow or unfollow artists and brands at any time, depending on their preference.
- Artist following. To follow an artist, the Fan must submit a connection request. This request must be approved by the artist in order for the Fan to join their community. Once the request is accepted, the Fan will have access to the Artist Content (as defined in clause 6.4 of these Terms) that the artist shares in his or her profile through the functionalities of the Platform. Artist Content offered through each artist's profile (content provider) is the sole responsibility of the artist. The Company has no control over the Artist's Content or its quality, and is in no way responsible for the Fan's satisfaction with it.
- Brand following. Fans can freely follow the profiles of brands that interest them without prior approval.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The intellectual and industrial property rights over the brands, logos, and any other subject to protection, contained in the Platform (including designs, texts, images, shapes, opinions, indexes and other formal expressions, graphics, icons, buttons, software , trade names, industrial drawings or any other signs susceptible to industrial and commercial use) correspond exclusively to the Company or third party owners thereof, to whom corresponds the exclusive exercise of the rights to exploit them in any form and, in especially, but not limited to, the rights of reproduction, distribution, transformation, commercialization and public communication.
All intellectual and industrial property rights over the content are reserved and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute in any way all or part of the content included on the Platform, for public purposes. or commercial, if there is no prior, express, and written authorization from the Company or, where applicable, from the owner of the corresponding rights.
Consequently, it is not permitted to delete, evade or manipulate the copyright notice and any other identification data of the rights of the owner, or its owners incorporated into the contents, as well as the technical protection devices, fingerprints or any information and/or identification mechanisms that may be contained therein.
Fans' access and use of the interactive functionalities of the Platform, including, but not limited to, the ability to interact with Artists and express opinions about Artist Content, should not be construed under any circumstances as a participation in the creative process of the Artist Content. The use of said interactive functionalities does not grant the Fan any type of right or claim over the intellectual property, including copyright, moral and economic rights, of the Artist Content that is available on the Platform. The Fan acknowledges and accepts that his/her interaction on the Platform is merely for entertainment and community participation purposes and does not imply any assignment, license or transfer of intellectual property rights.
For the purposes of these Terms, “Artist Content” means any form of sound expression that can be classified as music, including, but not limited to, compositions, songs, melodies, lyrics, musical arrangements, sound recordings and any other creations. sound that has a musical character. Artist Content may include elements such as voices, instruments, electronic sounds and any other audio source that contributes to the creation of an auditory work that has rhythm, melody and harmony, or any combination of these elements that is culturally perceived as music.
Fans are authorized to make alterations, modifications or any type of changes to the Artist Content that the artist shares on the Platform, as long as they are made exclusively within the Platform environment. Alterations, modifications or any type of change made by Fans must remain exclusively on the Platform and may not be used, distributed, sold or licensed outside of it, nor incorporated into other Artist Content or used for any purpose outside of the environment. of the Platform. The artist retains all intellectual property rights in the Artist Content, including, without limitation, the rights of reproduction, distribution, public communication and transformation. Authorization to modify the content on the Platform does not imply a waiver of these rights by the artist.
At all times, recognition of the authorship of the content, before and after any alteration, modification or any type of change, will correspond to the artist. Fans may not claim authorship or intellectual property rights over the artist's Artist Content or any modifications made or resulting content. The alterations made by the Fan will not confer any intellectual property rights.
The unauthorized reproduction, distribution, commercialization or transformation of the Artist's Content, brands, logos and/or distinctive signs included on the Platform constitutes an infringement of the intellectual and industrial property rights of the Company, the artists or third parties who own the rights. themselves, and may give rise to the exercise of any judicial or extrajudicial actions that may correspond to them in the exercise of their rights.
LIABILITY
The liability of the Company, as owner of the Platform, is limited to facilitating the availability of the Platform and the services provided through it, as an intermediary between the artists and the user. In any case, the Company does not guarantee the full availability and continuity of the Platform's operation. Likewise, in no case will it be responsible for any direct and/or indirect and/or intangible damages that may arise from:
- The interruption in the operation of the Platform or computer failures, breakdowns, disconnections, delays or blockages caused by incompatibility, deficiencies or overloads around the systems or mechanisms that allow its operation
- The lack of compatibility, capacity, reliability or effective functioning of the User's devices for the correct use of the Platform, and the User must previously verify such capacity, functionality and compatibility with it, as well as with the computer applications and/or websites that integrate its operational and/or functional environment.
- Of errors or damages caused to the Platform by inefficient use and bad faith by the User.
- The use that Users may make of the content of the Platform or links contained therein, whether prohibited or permitted, in violation of the intellectual and/or industrial property rights of the Content of the Platform or of the artists.
- Access by minors to the content included in the Platform, it is the sole responsibility of their parents or guardians to exercise adequate control over the activity of the children or minors in their care.
- Other damages that may be caused by third parties through unauthorized interference beyond the control of the Company
The absence of viruses or other elements introduced by third parties outside the Company and that may cause alterations in the physical or logical systems of the Users, their correct functioning, or in the documents, files and files stored in them is not guaranteed.
The Company will adopt various measures to protect the Platform and the contents against computer attacks from third parties. However, it does not guarantee that unauthorized third parties cannot have access to the type of use of the Platform that the User makes or the conditions, characteristics and circumstances in which said use is made. Consequently, the Company will in no case be responsible for any damages that may arise in these cases as a consequence of said unauthorized access and knowledge by third parties.
The Company reserves the right to suspend without prior notice access to Users who, in its opinion, fail to comply with the rules of use of the Platform and to exercise the appropriate legal actions, without generating any right to compensation in favor of the User. that could be affected by it.
The Company will not be responsible in any case for the use that Users and/or third parties may make of the Platform for any damages that may arise from it.
The Company excludes any liability for damages of any kind that may be due to the use of the services and content by the Users, or that may be due to the lack of information, accuracy or lack of veracity of the information. that the artists provide within the framework of the Platform and in general, of each of the services provided through it.
Likewise, the Company will not be responsible in any way for damages of any kind that may be due to the impersonation of a third party carried out by a User in any type of communication or action carried out through the Platform.
The Company cannot guarantee the full availability of its services and absolute invulnerability of its security systems, so it excludes any type of liability for damages of any kind that may be due to the presence of computer viruses or other elements that may cause alterations or errors in the services, computer systems (software and hardware), electronic documents and files of the user or any third party.
The Company will not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure is attributable to unforeseeable circumstances beyond our reasonable control.
The Company does not intervene in the transactions carried out through the Platform between Users and artists, or third parties linked to the latter, and is limited to mediating between the parties to facilitate contact and contracting the services provided by the artists, or third parties. linked to these, if applicable. Therefore, the Company is not responsible for any problems or errors that may occur during the purchase process carried out through the channels linked to the artist.
EXTERNAL LINKS
This Platform may include technical link devices, directories and even search tools that allow the User to access websites or services operated by others (hereinafter, “Linked Sites”). The Company will not be responsible for the contents and services provided on the Linked Sites. The use of the Linked Sites is subject to the terms of use and conditions stipulated in the aforementioned Linked Sites and do not bind the Company.
This Platform may include technical link devices, directories and even search tools that allow the User to access websites or services operated by others (hereinafter, “Linked Sites”). The Company will not be responsible for the contents and services provided on the Linked Sites. The use of the Linked Sites is subject to the terms of use and conditions stipulated in the aforementioned Linked Sites and do not bind the Company.
In no case should the existence of Linked Sites presuppose the formalization of agreements with those responsible or owners thereof, nor the recommendation, promotion or identification of the Company with the statements, content or Services provided.
The Company is not aware of the contents and services of the Linked Sites and, therefore, is not responsible for damages caused by the illegality, quality, outdatedness, unavailability, error and uselessness of the contents and/or services of the Linked Sites or for any other damage. The Company expressly disclaims any liability related to access to such Linked Sites.
In the event that any User, or a third party, considers that the content or services provided by the Linked Sites are illegal, violate constitutional values or principles, or harm property or rights of the User or third parties, they may inform the Company, addressing the postal address or electronic address indicated in the contact information, so that we can take the appropriate measures.
DATA PROTECTION
The Company will process the personal data collected through the Platform in accordance with its Privacy Policy, which the User can access at any time by clicking here.
DURATION AND MODIFICATION
The Company reserves the right to modify these Terms, as well as the particular conditions that, where appropriate, have been established for the use and/or contracting of the services provided through the Platform, when it deems it appropriate or with the purpose of adapting to legislative and technological changes, being valid and having its effects since its publication.
The Company may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Platform, without the User being able to demand any compensation. After such termination, the prohibitions on the use of the contents set out above will remain in force.
GENERALITIES
Applicable legislation and jurisdiction: The Terms of this Platform and the relations between the User and the Company will be governed by Spanish legislation and jurisdiction. To resolve any discrepancy that may arise between the User and the Company, both parties submit to the Courts and Tribunals of the city of Barcelona (Spain).
Invalidity: If any clause or provision of these Terms is held invalid or unenforceable, the validity and enforceability of the remaining provisions of these Terms will not be affected. Such invalid or unenforceable provision will be replaced by a valid and enforceable provision.
Language: All documentation related to contracting is available in Spanish and English. In case of doubts regarding interpretation, the document in Spanish will be taken as a reference.
Last update: may 2024.
Welcome to SoundStorming, the interactive platform that connects artists and fans in a collaborative and creative space. Please read these Terms and Conditions (hereinafter, "Terms") carefully before proceeding with the use of the SoundStorming platform (hereinafter, the "Platform").
OWNERSHIP OF THE PLATFORM
For the purposes of article 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, we inform you that the owner of the Platform is SoundStorming, S.L. (hereinafter, the "Company"), with registered office at Romaní 11 street in Cànoves i Samalús, 08445 Barcelona, provided with NIF B- 56706781, and registered in Barcelona.
If you have any questions about these Terms, you can contact us at the email address support@soundstorming.com.
PURPOSE AND SCOPE OF APPLICATION
The purpose of the Terms is to regulate the access and use of the Platform by the collaborating artist (hereinafter, the “Artist”), as well as the responsibilities derived from such access and use, without prejudice to the fact that a contract may be concluded between the Company and the Artist to establish particular conditions that regulate their relationship, as well as the use and provision of specific services that, where appropriate, are offered to users through the Platform.
Access to the Platform and its content is free, without prejudice to the cost derived from the connection through the telecommunications network provided by the access provider contracted by the users.
CONDITIONS OF ACCESS AND USE OF THE PLATFORM
The Platform is aimed at Artists with whom the Company has previously decided to collaborate. In the event that the Artist does not collaborate with the Company, he or she may contact the Company at the postal address or electronic address indicated in the contact information.
The Artist undertakes to make appropriate and lawful use of the Platform, as well as the content and services available from it, in accordance with the legislation applicable at all times, these Terms, morality and generally accepted good customs. and public order.
The Artist, by accessing and using the Platform, agrees to:
- Guarantee the authenticity, veracity, timeliness and accuracy of all data communicated to the Company, with the Artist being solely responsible otherwise.
- Use the Platform solely and exclusively for the purposes and functionalities provided in compliance with these Terms.
- Make legal and legitimate use of the Platform, and any unauthorized, fraudulent, illegal or illegitimate use of it and/or the contents and information available through the Platform is prohibited.
- Not cause damage to the systems or elements associated with the Platform, its suppliers or third parties, or attempt to violate their security or authentication measures, carry out any action that causes disproportionate or unnecessary saturation in the infrastructure or the communications environment related to the Platform or the services provided through it. The Company may adopt any preventive or corrective measures necessary to protect its interests in order to ensure the correct functioning of the Platform and the specific functionalities provided in each case.
- Do not introduce or spread through the Platform computer viruses or malware that are likely to cause damage to systems or functionalities.
- Do not use data scraping or similar techniques that allow the content published on the Platform to be added, reused or exploited in any way.
- In particular, and for merely indicative and non-exhaustive purposes, the Artist undertakes not to transmit, disseminate or make available to third parties information, data, content, messages that may constitute a violation of the rights of the Company or third parties.
- Do not introduce, store or disseminate on the Platform, information or material that is defamatory, libelous, obscene, threatening, xenophobic, incites violence, discrimination based on race, sex, ideology, religion or that in any way attacks morality, public order, fundamental rights, public freedoms, honor, privacy or the image of third parties and in general the current regulations.
- Not to stalk, exploit, threaten, abuse or otherwise harass other users of the Platform or any Company employee.
- Do not access without authorization or interact with a false identity, whether or not impersonating the identity of third parties or using a profile or carrying out any other action that may cause confusion or mislead regarding the correct identification of the user in question.
- Respect the intellectual and industrial property rights of the Company, the rest of the artists or third parties and, in particular, and by way of indication and not exhaustive, do not redistribute, transmit, assign, sell, retransmit, rent, share, lend, modify, adapt, edit, sublicense, or make available to the public, or in any other way transfer or use the content available through the Platform.
- Do not eliminate or modify any indications or notices regarding copyright, trademarks or other industrial and intellectual property rights included in the content or services provided or offered through the Platform.
Failure to comply with the commitments assumed in clause 3.3., as well as any other condition of use stipulated in these Terms, may result in corrective actions by the Company. These actions include, without limitation, the temporary suspension or permanent termination of the Artist's account or the existing collaborative relationship with the Company. The Company reserves the right to exercise such corrective actions without prior notice to the Artist, in the event that it considers that the Artist's conduct puts the integrity, security or reputation of the Platform, other users or third parties at risk.
ACCESS AND REGISTRATION
Access and navigation through the Platform for Artists requires the prior creation of an artist account. Account creation is free.
Once the Artist account has been successfully created, the Artist will obtain the right to access and use the functionalities and features that the Platform makes available to the Artists.
The Artist is responsible for maintaining the security and confidentiality of the username and password associated with his or her account on the Platform, as well as for any use made of them, including all account activity associated with said credentials.
In the event of loss or theft of account access credentials, that is, the email address, username and password, the Artist must notify the Company and change the password as soon as possible.
The Company reserves the right to refuse, cancel, delete or reassign specific usernames under certain circumstances, in its sole discretion. Additionally, the Company may suspend or terminate Artists' accounts, with or without prior notice, in the event of activities that violate these Terms, the rights of third parties, or any applicable law or regulation
USE OF THE PLATFORM
Access and use of the services offered through the Platform are personal and non-transferable. The Artist may not assign or transfer in any way his rights or obligations derived from the use of the Platform.
The Artist undertakes to comply with the following obligations in relation to the use of the Platform::
- Compliance with Terms. Use the Platform exclusively in accordance with these Terms and any other terms that are applicable to the Platform, as set out in the relevant documentation.
- Artist Content Management. Submit, upload, publish, transmit, distribute or display Artist Content on the Platform, as well as keep such content available, in strict compliance with these Terms and any other applicable terms. "Artist Content" means what is defined in clause 6.1 of these Terms.
- Community Interaction. Participate in community areas and communicate with Fans within the Platform community, always in strict accordance with these Terms.
The Artist acknowledges that failure to comply with any of these obligations may result in the suspension or termination of his or her access to the Platform and related services, as well as the adoption of relevant legal measures by the Company or affected third parties.
ARTIST CONTENT AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
For the purposes of these Terms, “Artist Content” means any form of sound expression that can be classified as music, including, but not limited to, compositions, songs, melodies, lyrics, musical arrangements, sound recordings and any another sound creation that has a musical character. Artist Content may include elements such as voices, instruments, electronic sounds and any other audio source that contributes to the creation of an auditory work that has rhythm, melody and harmony, or any combination of these elements that is culturally perceived as music.
For the purposes of these Terms, "Intellectual Property Rights" means all copyrights, moral rights, economic rights, trademarks, patents and other intellectual property rights that may exist now or in the future, as well as all applications, registrations, renewals and extensions thereof, in accordance with the laws of any state, country, territory or other jurisdiction.
The Artist represents and warrants that:
- You are the only owner or licensee with sufficient rights to the "Artist Content" that you upload, publish, transmit, distribute or display through your account on the Platform.
- Artist Content that you upload, post, transmit, distribute or display through your account on the Platform will not violate or infringe the rights of any third party, including Intellectual Property Rights (as defined in clause 6.2. of these Terms), rights of privacy, publicity or other personal or proprietary rights, and that such Artist Content will not contain defamatory, obscene or otherwise unlawful or inappropriate material. Thus, the Artist undertakes not to upload, publish, transmit, distribute or display through the Platform Artist Content that is subject to Intellectual Property Rights that do not allow the granting of the license granted in clause 6.4. of these Terms.
By uploading Artist Content to the Platform, the Artist grants the Company a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, publicly display and publicly perform the Artist Content in connection with the service provided by the Company. Platform and the Company's business. The Artist retains ownership of all copyrights and other Intellectual Property rights inherent in the Artist Content.
The Artist shall be solely responsible for the Artist Content and the consequences of its uploading, publication, transmission, distribution or display on the Platform. In the event that any third party brings a claim related to Artist Content, Artist will hold harmless and hold harmless the Platform from all liability, including, but not limited to, damages, court costs and attorneys' fees.
The intellectual and industrial property rights over the brands, logos, and any other subject to protection, contained in the Platform (including designs, texts, images, shapes, opinions, indexes and other formal expressions, graphics, icons, buttons, software , trade names, industrial drawings or any other signs susceptible to industrial and commercial use) correspond exclusively to the Company or third party owners thereof, to whom corresponds the exclusive exercise of the rights to exploit them in any form and, in especially, but not limited to, the rights of reproduction, distribution, transformation, commercialization and public communication.
The unauthorized reproduction, distribution, commercialization or transformation of the brands, logos, and any other subject to protection, contained on the Platform (including designs, texts, images, shapes, opinions, indices and other formal expressions, graphics, icons, buttons, software, trade names, industrial drawings or any other signs susceptible to industrial and commercial use) constitutes an infringement of the intellectual and industrial property rights of the Company or third party owners thereof, and may give rise to the exercise of any actions judicial or extrajudicial actions may apply to them in the exercise of their rights.
LIABILITY
The liability of the Company, as owner of the Platform, is limited to facilitating the availability of the Platform and the services provided through it, as an intermediary between the artists and the user. In any case, the Company does not guarantee the full availability and continuity of the Platform's operation. Likewise, in no case will it be responsible for any direct and/or indirect and/or intangible damages that may arise from:
- The interruption in the operation of the Platform or computer failures, breakdowns, disconnections, delays or blockages caused by incompatibility, deficiencies or overloads around the systems or mechanisms that allow its operation.
- The lack of compatibility, capacity, reliability or effective functioning of the Artist's devices for the correct use of the Platform, and the Artist must previously verify such capacity, functionality and compatibility with it, as well as with the computer applications and/or websites that integrate its operational and/or functional environment
- Of errors or damages caused to the Platform by inefficient use and bad faith by the Artist.
- The use that the Artist may make of the content of the Platform or links contained therein, whether prohibited or permitted, in violation of the intellectual and/or industrial property rights of the Content of the Platform or of the artists.
- Access by minors to the content included in the Platform, is the sole responsibility of their parents or guardians to exercise adequate control over the activity of the children or minors in their care.
- Other damages that may be caused by third parties through unauthorized interference beyond the control of the Company.
The absence of viruses or other elements introduced by third parties outside the Company and that may cause alterations in the physical or logical systems of the Artists, their correct functioning, or in the documents, files and files stored in them is not guaranteed.
The Company will adopt various measures to protect the Platform and the contents against computer attacks from third parties. However, it does not guarantee that unauthorized third parties cannot have access to the type of use of the Platform that the Artist makes or the conditions, characteristics and circumstances under which such use is made. Consequently, the Company will in no case be responsible for any damages that may arise in these cases as a consequence of said unauthorized access and knowledge by third parties.
The Company reserves the right to suspend without prior notice access to the Artist who, in its opinion, fails to comply with the rules of use of the Platform and to exercise the appropriate legal actions, without generating any right to compensation in favor of the Artist who could be affected by it.
The Company will not be responsible in any case for the use that the Artist and/or third parties may make of the Platform for any damages that may arise from it.
The Company excludes any liability for damages of any kind that may be due to the use of the services and content by the Artist and the Users, or that may be due to lack of information, accuracy or lack of truthfulness. of the information that the Artists provide within the framework of the Platform and in general, of each of the services provided through it.
The Company will not be responsible for the Artist Content available on the Platform.
Likewise, the Company will not be responsible in any way for damages of any kind that may be due to the impersonation of a third party carried out by an Artist in any type of communication or performance carried out through the Platform.
The Company cannot guarantee the full availability of its services and absolute invulnerability of its security systems, so it excludes any type of liability for damages of any kind that may be due to the presence of computer viruses or other elements that may cause alterations or errors in the services, computer systems (software and hardware), electronic documents and files of the user or any third party.
The Company will not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure is attributable to unforeseeable circumstances beyond our reasonable control.
The Company does not pre-screen any Artist Content or content provided by third parties, but the Company and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Artist Content or third-party content that is available through of the Platform. Without limiting the foregoing, Company and its designees shall have the right to remove any Artist Content or third-party content that violates these Terms or that, in Company's sole judgment, is deemed objectionable in any way.
EXTERNAL LINKS
This Platform may include technical linking devices, directories and even search tools that allow the Artist to access websites or services operated by others (hereinafter, “Linked Sites”). The Company will not be responsible for the contents and services provided on the Linked Sites. The use of the Linked Sites is subject to the terms of use and conditions stipulated in the aforementioned Linked Sites and do not bind the Company.
In no case should the existence of Linked Sites presuppose the formalization of agreements with those responsible or owners thereof, nor the recommendation, promotion or identification of the Company with the statements, content or Services provided.
The Company is not aware of the contents and services of the Linked Sites and, therefore, is not responsible for damages caused by the illegality, quality, outdatedness, unavailability, error and uselessness of the contents and/or services of the Linked Sites or for any other damage. The Company expressly disclaims any liability related to access to such Linked Sites.
In the event that any Artist, or a third party, considers that the content or services provided by the Linked Sites are illicit, violate constitutional values or principles, or harm property or rights of the Artist himself or third parties, he or she may inform the Company, addressing the postal address or electronic address indicated in the contact information, so that we can take the appropriate measures.
DATA PROTECTION
The Company will process the personal data collected through the Platform in accordance with its Privacy Policy, which the User can access at any time by clicking here.
DURATION AND MODIFICATION
The Company reserves the right to modify these Terms, as well as the particular conditions that, where appropriate, have been established for the use and/or contracting of the services provided through the Platform, when it deems it appropriate or with the purpose of adapting to legislative and technological changes, being valid and having its effects since its publication.
The Company may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Platform, without the User being able to demand any compensation. After such termination, the prohibitions on the use of the contents set out above will remain in force.
GENERALITIES
Applicable legislation and jurisdiction: The Terms of this Platform and the relations between the User and the Company will be governed by Spanish legislation and jurisdiction. To resolve any discrepancy that may arise between the User and the Company, both parties submit to the Courts and Tribunals of the city of Barcelona (Spain).
Invalidity: If any clause or provision of these Terms is held invalid or unenforceable, the validity and enforceability of the remaining provisions of these Terms will not be affected. Such invalid or unenforceable provision will be replaced by a valid and enforceable provision.
Language: All documentation related to contracting is available in Spanish and English. In case of doubts regarding interpretation, the document in Spanish will be taken as a reference.
Last update: may 2024.