CONDITIONS OF CONTRACTING THE STREAMUSIC SERVICE
These Contract Conditions expressly regulate the contracting conditions of the different contracting plans offered (hereinafter, the Service) by SKETHINK, UNIPESSOAL LDA. (hereinafter, Streamusic.live) for registered users through the URL https://streamusic.live (hereinafter, the Page); For this reason, we ask you to read the following points carefully before continuing with the hiring process. If reading this document generates any kind of doubt, contact us before hiring. SKETHINK, UNIPESSOAL LDA. It has its registered office at Rua do Sarilho Traseiras, Bairro Capitão 4460-110 Guifões Matosinhos – Portugal with NIF: 516472780.
1. OVERVIEW of STREAMUSIC AND ACCESS TO THE DIFFERENT MODALITIES OF THE SERVICE OFFERED ON THE PLATFORM Streamusic is a company dedicated, among other things, to the commercialization and generation of musical and corporate radio channels via online transmission.
Through the Page, Streamusic offers you the possibility of accessing our musical entertainment service for your business.
2. TRIAL PERIOD
We want you to know our Service and be able to see for yourself if it is the solution that suits your business and which modality is the most suitable for you. For this reason, we offer a free trial period of 14 calendar days from your registration. You should bear in mind that we offer this period in a unique way for the first time your business discovers our Service.
3. DEVELOPMENT OF THE STREAMUSIC CUSTOMER ROLE
It may be obvious, but we prefer that the conditions of the provision of the Service are clear so that you are sure that what we offer is adapted to your needs: the contracting of the Service can only be carried out for your business and for the facilities that you specify . In other words, each facility in which you develop your business and for which you want to be able to enjoy the Service must be associated with a contract. We reserve the possibility of carrying out on-site checks in order to guarantee the correct use of the contracted Service in each case.
Once you have given Streamusic.live, you can include the businesses or stores you want and these will be associated with a license to access the service. Remember that you will not be able to use the Service in commercial spaces that do not have a license registered with Streamusic.live.
As we have been anticipating in previous points, if it is the first time that your business contracts our Service, we offer you a free trial period of 14 calendar days from when you have registered on our Page. Once this trial period is over, if you want to contract our Service, you must provide us with the necessary bank details to proceed with the monthly payment of the amount corresponding to the contracted modality.
In the event that you have already contracted or enjoyed a trial period of our Service previously, you will not have the possibility of enjoying a trial period again, therefore, at the time of contracting the Service, you must provide us with your bank details. relevant.
In order to enjoy the Service, you must provide us with detailed information about the facilities in which you want to enjoy it so that we can verify that the chosen license corresponds to the real characteristics of your business. Likewise, you must provide us with access to them as long as we request it to be able to verify that the provision of the Service is being carried out in accordance with these Contract Conditions.
4. METHOD OF CHARGING THE SERVICE
Our Services must be paid either by bank transfer or by Paypal. When the form of payment is through Paypal, the amount will be charged the same day of registration from the month following this.
Whatever the chosen payment method, you will be able to consult the breakdown of the different amounts associated with your activity in your customer profile available on the Page.
5. CONDITIONS OF RECEPTION OF THE SERVICE BY THE CLIENT
Likewise, we have to inform you that the use of our Service in any of its modalities requires having internet access with at least the following characteristics:
– PC with Windows 7 or higher – Google Chrome or Internet Explorer 11 browsers, or Edge or Firefox.
– MAC El Capitan or higher – Safari browser or Google Chrome or Firefox.
Remember that the Service cannot be provided without you having the above characteristics, Streamusic not being responsible for the non-provision of
the Service or the partial or defective provision of the same in case you do not have the aforementioned requirements.
You should also bear in mind that the Service can only be provided for your business facilities located in Spain, Andorra and Portugal. In the event that any or all of your facilities are outside these territories, the Service may not be provided to you.
On the other hand, in the event that you decide to accept the terms of these Contract Conditions, you must remember that Streamusic is granting you and your business the license according to the contracted characteristics that we only authorize you to use, under the terms set out in the present document. It is important that you remember this so that the exploitation of the Service is done properly both by you and by all the employees of your business who have scope for action regarding the correct exploitation of the same.
In accordance with these conditions, you are granted a limited and non-exclusive license to use the Service. It will not be necessary to download any software or executable on your terminals in order to enjoy the Service.
7. TERMINATION OF THE LICENSE AND EXPIRATION OF THE CONTRACTED SERVICE
You must consider that you are contracting a license to access the Service that will have the duration that you decide to assign it. When you contract the Service you can unsubscribe whenever you want, if you do not cancel the Service before the next month has started, keep in mind that the next full monthly payment will be charged. If you do not communicate your wish to cancel the Service, it will be renewed automatically.
In the event that you decide not to renew your subscription to the Service, your access to the Service will be deactivated.
7. LIABILITY OF IMAGINASOUNDS
ImaginaSounds will not be responsible for the following:
– The quality of the service, the speed of access, the correct operation or the availability or continuity of operation of the Service for technical reasons that are attributable to you as a customer or associated with your internet connection.
– Failure to comply with the law, morality and generally accepted good customs or public order as a result of the transmission, dissemination, storage, making available, reception, obtaining or access to the contents.
– Of the payment that must be made to any intellectual property rights management entity (including SGAE, AGEDI, AIE, etc.) for the public communication of the music (works and performances) in your establishment, making you responsible as a user of the settlement of the same to the corresponding management entities.
8. RESPONSIBILITY AS A CUSTOMER
You agree to respect at all times the Contract Conditions described here, as well as any other that you have to accept within the framework of your relationship with ImaginaSounds. In the event that you breach, totally or partially, any of these Contract Conditions, we reserve the right to judicially demand any damages that may be caused by said breach.
You must use the Service in accordance with the contracted modality and respecting the characteristics of the license granted by ImaginaSounds, not being able to carry out any action that exceeds said license. This commitment is yours and that of your business, and the person responsible must respond on behalf of all those employees or suppliers who may breach the terms of the license granted.
Using the Service in accordance with these Contract Conditions implies that you will not make any fraudulent use of it and you will verify that in practice none of your employees will make such fraudulent use. This limitation applies to all types of fraud but we provide you with some examples: you will not be able to manipulate the data associated with the Service, that is, those generated by the Service itself, such as previous data associated with your business and your facilities, etc.
The user and password are assigned exclusively so that it is your business who enjoys the contracted service modality, so access to the Service through a correct username and password by persons and persons will not be considered a lawful use. / or entities different from those to which they were assigned.
You should read with special attention the point of this document called Intellectual and Industrial Property.
You must bear in mind that any breach on your part of what is stated in these Contract Conditions and therefore any breach of the requirements for receiving the Service as a client as well as any fraudulent behavior or behavior that involves bad faith or negligence, grants us the possibility to cut the Service automatically. Disconnection of your business from the Service for breach by your p
art implies that you will not be able to demand any compensation or refund of the amounts paid since you have breached your contract with us. Likewise, ImaginaSounds may block your access to new hires since you will have previously breached your role as a client as well as you may claim those amounts derived from your contractual breach, both amounts owed to ImaginaSounds itself and by third parties.
10. INTELLECTUAL AND INDUSTRIAL PROPERTY
When you contract our Service, you are being authorized to publicly communicate our repertoire in the facilities of your business, exclusively as background music. The facilities must be from your business and not from a third party and those facilities must be those for which you have provided us with the data and you must verify that the contracted modality corresponds to the real characteristics of each of your facilities for which you hire. the service.
Whatever the contracted modality, the exploitation of the license must be carried out in accordance with the provisions of these Contract Conditions. Specifically, the license gives you the possibility of accessing the ImaginaSounds repertoire through streaming in order to use it in accordance with the terms of these Contract Conditions and publicly communicate it through the use of the Service in your facilities .
Remember that the payment that must be made to any intellectual property rights management entity (including SGAE, AGEDI, AIE, etc. for, among others, the so-called simple remuneration rights) for the public communication of music (works and benefits) in your establishment (s), especially when making use of “Commercial Music”, it is your responsibility, both the necessary steps with the management entities and the payment of the amounts that you should settle. ImaginaSounds is not responsible for any point related to such procedures or settlements, so in no case may any liability arising from such obligations be required.
By virtue of the foregoing, any use of the repertoire and therefore any use of the Service other than the one described above, will be considered an infringement of these Contract Conditions and must compensate ImaginaSounds for the damages caused by such fact as well as having to assume any claim raised by third parties for violation of their legitimate rights.
11. PREVALENCE OF THE CONTRACT
You must be clear that these Contract Conditions are the contract that links you with ImaginaSounds and have for all purposes the contract value. The total or partial nullity, current or supervening of any of the stipulations of this contract will not imply the nullity of the contract, said stipulation will be considered null and the contract will remain in force and will take effect in all its other aspects. If you are hiring as a consumer, we remind you that this Service is not designed to be hired by consumers but by professionals to use it in their businesses and therefore we ask you to contact us.
Indeed, although we already indicated it at the time of registration, we inform you that the data that you provide us when registering on the Page as well as when accepting these Contract Conditions, will be included in a personal data file called Clients owned by Imagina Sistemes Telecom, SL, with address in Barcelona, Avenida Ernest LLuch 32 – T3-3rd floor. The purpose of the file is to manage your relationship as an ImaginaSounds client in all its aspects as well as to send you our newsletter with information on the news regarding our Service. You can exercise your rights of access, rectification, cancellation and opposition at the postal address specified above or at the address email@example.com, attaching a photocopy of the DNI and requested action.
13. APPLICABLE LAW AND JURISDICTION
These Conditions will be interpreted and governed by the laws of the Kingdom of Spain. Both Parties agree to submit any discrepancies that may arise in the application of this contract to the jurisdiction of the Courts and Tribunals of the city of Madrid, as long as it is legally possible. If you are contracting as a consumer, nothing in this clause will affect the rights recognized by current legislation, although we remind you that these Contract Conditions are not applicable.