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TERMS AND CONDITIONS
FOR ACCESS AND USE OF THE WEB SITE WWW.GOMUSIC.COM
AND LICENCE AGREEMENT FOR GOMUSIC SOFTWARE
IMPORTANT:
The following Terms and Conditions (these "Conditions") govern the access to and/or use of the website www.gomusic.com (the "Website") as described below. Any person (a "User") who uses and/or accesses the Website thereby indicates that he/she understands and agrees to these Conditions. Please read these Conditions carefully as your access and use of the Website signifies that you have read, understand and accept, without reservation, these Conditions.
In some cases, access to and/or use of specific content or services accessible through the Website may be subject to specific conditions that complement or modify the present Conditions. These specific conditions are accessible from the web page containing the content or services to which they relate or are provided when such content or service is accessed. The specific conditions will always prevail over these Conditions.
The Website is managed by «Favorit-Network» ("Provider") registered in Spain and with corporate address at Rambla Catalunya, 12 2º 2ª, Barcelona 08007, Spain.
1. DEFINITIONS
The following terms have the following meanings:
"Content" shall mean all text, images, video, audio, and other data, products, services and software, including any modifications, updates, upgrades, enhancements and documentation related made accessible by Provider through the Website including the Software licence as described herein.
"Provider" shall mean the relevant owner and/or provider of the Content through Website.
2. GENERAL
Through the Website and the web pages located in it, User may access and/or use the Content prepared by the Provider, on its behalf as described in the Software licence. Access to and/or use of the Website is provided by the Provider as described in the Software licence herein. If in some cases it is necessary to fill a registration form in order use and/or access specific Content, the registration process will be carried out in accordance with the Provider's Privacy Policy. All data provided shall be under the restrictions of the applicable Data Protection laws, therefore the Provider hereby informs users that it has a privacy policy. Click the link in the Website to review Provider’s Privacy Policy.
User undertakes to access and/or use the Website and its Content in accordance with these Conditions, the Provider's Privacy Policy, the Provider’s Software licence, the relevant applicable conditions to the use of specific content or services, applicable law and accepted principles and practices, indemnifying the Provider and any third parties for any loss or damage that may be caused by User as a result of breaching this obligation.
3. PERSONAL DATA PROCESSING
Personal data processed by the Provider through the Website is subject to the Provider's Privacy Policy. Therefore Provider hereby informs users of its Privacy Policy. Click the link in the Website to review Provider’s Privacy Policy.
4. SOFTWARE LICENCE
4.1 In accordance with these Conditions, Provider makes accessible through the Website its new audio record engine and its components ("Software"). The Software is a tool that allows Users to listen and to record radio stations on Internet. The Software also includes a database of most of the existing radio stations on Internet which allows the correct functioning of the Software, and offers other advantages. Likewise, according to the applicable licence, the Software is automatically updated each time the User connects to the Internet.
These Conditions govern the use of the Software by the User and forms a licence agreement between the Provider and User who thereby indicates that he/she understands and agrees to these Conditions and consents to the downloading of the Software on his/her computer.
4.2 The Software offered with "Licence 2" referred in condition 4.5 below includes a component which will remain active at all times with the objective of verifying and ensuring the correct functioning of the Software, and offering other advantages ("Component"). The Software offered with "Licence 1" referred in condition 4.5 below DOES NOT include the Component. When the User is connected to the Internet the Component will make periodic connections to the Provider’s servers in order to check that there are no problems in the access network or the User’s computer. If any error which prevents the normal use of the Software is detected in the User’s computer, the Component will seek to identify and solve it. Any changes that the Component makes to the User’s computer will be to clearly non-essential parts thereof and for the purposes referred to in these Conditions. THE USER REQUESTS AND AUTHORIZES THE INSTALLATION AND UPDATING OF THIS COMPONENT TOGETHER WITH THE SOFTWARE IN ACCORDANCE WITH THE TERMS SET OUT IN THESE CONDITIONS. The Component will carry out the tasks described in these Conditions only when the User is connected to the Internet, whether using the Software or the User’s regular Internet connection. In any case, the User can easily uninstall the Software by selecting "Add or Remove Programs" in the appropriate section of the operating system control panel.
4.3 One of the advantages which the Component provides to the User, and which allows the Provider to improve the quality of the services, is the ability to show on the User’s computer advertising messages or other information from the Provider or third parties with whom the Provider has concluded relevant agreements, for the purposes of explaining the Provider’s services and their correct use, or such other services, promotions and offers that may interest the User on the basis of the User’s internet use (e.g., web pages visited, keywords used in search engines). The User authorizes the actions performed by the Component and the showing of these messages, which will be stored in the User’s computer and will be shown while the User is connected to the Internet. Advertising messages will be easily identifiable and will not interfere with other content viewed by the User or the performance of User’s computer. The User agrees that the Provider is not responsible or liable for any loss or damage of any sort incurred by the use of the Component.
4.4 In order to carry out the operations referred to in the above-mentioned clauses, the Component will send certain data from the User’s computer to, and will receive information and requests for these purposes from, the Provider’s servers. The data sent to the Provider’s servers by the Component will be limited to technical and connection information such as: country of connection, browser default country, operating system version, operating system or browser service packs installed, vertical and horizontal resolution of the monitor screen, IP address of the most recent internet connection and other relevant data or information which will be processed exclusively for the purpose indicated above. The User authorizes such exchanges of information with the Provider’s servers for the Software’s performance. At no time will any information regarding Internet sites visited or other activities of the User be sent to the Provider’s servers; this information will be processed within the User’s computer in order to anonymously select advertising or other messages to be shown to the User. In no case will the Provider be able to identify the User nor will any profile of the User be created.
4.5 Subject to the User’s acceptance and continued compliance with these Conditions, the Provider hereby, depending on the User selection, may grant the User a:
"Licence 1" or "Basic Gomusic licence", which is a royalty-free, non-exclusive, personal, non-sub licensable, non-assignable licence to use the Software with all its features at any time during the validity of this Licence 1 and which DOES NOT include the Component.
or
"Licence 2" or "Ad-supported Gomusic licence" which is a royalty-free, non-exclusive, personal, non-sub licensable, non-assignable limited licence to use the Software with all its features at any time during the validity of this Licence 2 and which includes the component.
4.6 When we refer to the "Licence" in these Conditions we are referring to any of the two licences (Licence 1/ Licence 2). We refer to "Licence 1" or "Licence 2" when there is a condition only applicable to such particular licence. Save for the right to use the Software expressly provided for in these Conditions and in particular in this Licence, all title to and rights in the Software including without limitation all copyright and other intellectual or industrial property rights remain the property of the Provider or its affiliates or licensors.
4.7 This Licence is valid to the extent that any computer on which the Software is used is located in the territory indicated by the User when installing the Software. If the User does not live or is not normally resident in a territory in which the Provider expressly offers its services, the User must not install or use the Software. In particular Provider hereby states that the Software and its Services are directed specifically to those territories where copy for private purposes is allowed. In case the User is located on a country where such action is not allowed then the User shall not download, install or run the Software and use the Services.
4.8 This Licence is granted for the User’s private use only. No User or any other person may decompile, reverse engineer, disassemble or decode the Software or attempt to ascertain its source code by any means, nor modify, adapt, translate or create derivative works based on the Software. No User or other person may sell, rent, lease, distribute, transfer, assign, sublicense or otherwise deal with the Software or any of the rights granted under this Licence.
4.9 The proper use and functioning of the Software may require it to be updated by the User. The User hereby is responsible for such updates and for carrying out the relevant steps, in order to allow the automatic update as indicated in clause 6.1 above, if any, in accordance with these Conditions and the Provider instructions. The User accepts that these Conditions, including any future variations thereto, will apply to the Software. Notwithstanding the foregoing, Provider will not be obliged to update the Software and, in certain cases, User may be required to renew his/her Licence to enjoy the update features and/or capacities of the Software.
4.10 The Provider makes no warranty and/or representation that the Software will meet the User’s requirements or that the operation of the Software, information provided or connection to any content or the Internet will be uninterrupted or error free.
4.11 Please go to our support web page at www.gomusic.com/support.php in case of any problem with the Software that is not remedied by reinstalling it.
5. USER WARRANTIES AND OBLIGATIONS
User represents, warrants, and undertakes that:
i. User is a person of legal age in accordance with the laws of the place of connection, and/or can have and effectively has the supervision of an adult to access and use the Website.
ii.User has read and accepts all technical requirements necessary for installing and running the Software.
6. INTELLECTUAL AND INDUSTRIAL PROPERTY
6.1 Copyright © Favorit-Network. All rights reserved. All Content including, in particular but without limitation, the Software, text, images, graphics, animations, banners, sounds, files, software, databases, videos, trademarks, domain names, logos, combinations of colours, or any other element of the Website, its structure, source code or design is, save where expressly indicated, the exclusive property of Provider or its licensors. Provider reserves all rights in the Website, in the Software and/or in the Content, authorizing only to access and/or use as expressly permitted by these Conditions. If the User considers that the use of any Content protected by copyright and other intellectual or industrial property laws may infringe his/her rights or the rights of any other person or entity, the Provider would appreciate it if the User could inform as soon as possible by going to www.gomusic.com/support.php. The Provider would be pleased if the User could state his/her name, email address, and the rights that might be infringed giving evidence of the ownership of said rights. Once the form is received, the Provider will investigate the matter and answer the User as soon as possible.
6.2 User or any third party may not modify, manipulate, transform, copy or reproduce in any non transitory form, publish, disclose, extract, imitate, create derived concepts, decompile, decode, reverse engineer, transfer, transmit, rent out, distribute, license, sublicense, sell or otherwise deal with the Content or the Software or any rights in the same, except with express written authorization of Provider. In any case, it is forbidden to circumvent, delete or manipulate the copyright, digital fingerprints, watermarks or other technical protection devices or data identifying the Provider's or its licensors' rights in the Website or the Software or the Content.
6.3 Should User be interested in any transaction or commercial activity in connection with the Content, please address your request to www.gomusic.com/support.php.
6.4 The use over any page of the Website or the Software of frames not already included within the Website or the Software is strictly forbidden, except with prior written authorization of Provider.
7. LIABILITY
7.1 To the maximum extent permitted by applicable law, and provided that liability shall not be excluded or limited in respect of malicious intent or gross negligence, access to and/or use of the Website or any of the Content as well as the downloading, installation and/or use of the Software are the sole responsibility of the User. Provider accepts no liability for any inappropriate use, at Provider’s own criteria, that the User or any third party may make of any of the Content or the Software. User will indemnify Provider and hold Provider harmless from and against any claim, loss, damage or liability (including legal fees and costs) arising out of: (a) User's use of the Website, the Software or any other Provider Content; (b) any breach by User of any obligation or warranty under this Conditions including, but not limited to, the matters listed in clause 7 of this Conditions; and/or (c) any matter relating to any User lawfulness.
7.2 The Website and the Content is provided "as is" without any warranty of any kind, either express or implied, including, without limitation any warranty of merchantability and/or fitness for a particular purpose. Provider makes no warranty or representation that the Website will meet User’s requirements or that access to and/or use of the Website will be uninterrupted, without delay or error. The Website, for convenience of visitors, may contain links, whether in textual or graphical format, to third party services, products, content and materials, pages or websites which are not controlled by Provider, and Provider therefore accepts no responsibility for the services, products, content and materials or the condition of such web pages or their services, products, content and materials. The insertion of such links does not signify that the Provider is aware of, shares or promotes the services, products, content and materials or opinions of the owners of those websites or web pages. Provider does not assume any obligation to verify or supervise the services, products, content and materials or information contained in webpages and websites accessible through the links on the website.
7.3 Provider does not give any guarantee in relation to the User obtaining any particular results from the Content and in particular does not guarantee that the use of the Software will result in the type, quantity or quality that the User may expect.
7.4 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVIDER HEREBY EXCLUDES ALL LIABILITY IN RESPECT OF:
a) LOSS OR DAMAGE, LOSS OF PROFITS AND ANY OTHER LOSSES, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL;
b) ANY CLAIM MADE AGAINST THE USER BY ANY THIRD PARTY;
c) DAMAGE, CLAIMS OR LIABILITIES ARISING OUT OF ANY OF THE FOLLOWING:
(i) LIABILITY TO ANY EMPLOYER, PRINCIPAL, CLIENT, OR LESSOR OR PROVIDER OF COMPUTER EQUIPMENT OR FACILITIES, ARISING OUT OF THE INSTALLATION OF, USE OF, OR ACCESSING OF ANY CONTENT BY MEANS OF THE SOFTWARE;
(ii) ANY CHARGES WHICH THE USER MAY INCUR TO ANY TELECOMMUNICATIONS SERVICE OR NETWORK OR ANY CONTENT PROVIDER.
7.5 Provider shall not be liable for any failure or delay on the part of Provider attributable to factors outside its reasonable control, including without limitation any failure, interruption, delay or error in any transmission network, software or hardware; action or failure to act by any third party; and government or regulatory intervention, as well as cases of force majeure including: floods, fires, earthquakes, other natural disasters, war, acts of terrorism and similar.
7.6 Provider reserves the right to suspend or restrict the use by any person of any other Content made available by Provider when Provider suspects that such use is not duly authorized or is fraudulent or is in breach of these Conditions, any law or regulatory provision. Provider shall have no liability to any person as a result of any such suspension or restriction.
7.7 Provider reserves the right to suspend, restrict, modify or update the Website, the Software, and the Content unilaterally, at any time and without prior notice. Likewise, Provider reserves the right to terminate access to the Website, the Software and the Content unilaterally, at any time and without prior notice whether Provider considers at its own criteria that the User has breach these Conditions. Provider will not be liable for any loss or damage resulting from the adoption of such measures.
7.8 These Conditions are available in English. The conditions under which the User contracts for the service will not be stored individually. The up to date version of the Conditions will always be made available at the following link: www.gomusic.com.The Provider reserves the right to amend these Conditions from time to time for legal reasons or because of changes in the Software. If User does not agree to such amendment, User’s sole remedy shall be not to access and/or use the Website or to uninstall the Software, by going to: http://www.favorit-network.com/uninstall/
8. ASSIGNMENT OF THESE CONDITIONS
Provider may at any time assign either in whole or in part, these Conditions or any of its rights, duties or obligations in these Conditions to any entity without obtaining the prior consent of the User. If User does not agree to such variation, his/her sole remedy shall be to terminate the access and use of the Website and the Content.
9. CHOICE OF LAW AND COMPETENT COURTS
9.1 If User is not a consumer or even if a consumer then, to the extent permitted by the applicable law, the jurisdiction in respect of any dispute arising out of these Conditions shall be the courts of the domicile of the Provider. In the event that User is a consumer, in respect of any such dispute, Provider will submit to the jurisdiction as required by the laws applicable to the consumer.
9.2 These Conditions shall be governed by and construed in accordance with the law of the domicile of the Provider, without prejudice to the mandatory rules of the courts hearing the matter as well as mandatory consumer protection rules.
9.3 Should any part of these Conditions be or be found to be invalid, illegal or unenforceable, this shall in no way affect the validity of the remaining parts.
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