Terms and Conditions HiBeats for Artists
Darkan Technologies, S.L. (hereinafter, the Holder) with tax identification number B02726404, and address at Paseo Naranjo de Bulnes 104, 28701, San Sebastian de los Reyes (Madrid), registered in the Commercial Register of Madrid, Volume 40921, Sheet 140, Section 8, Page 725854, Registration 1, is the holder of the Website accessible through the URL: hibeatsforartists.com (hereinafter referred as, HiBeats for Artists or the Website, indiscriminately).
For further information, enquiry, question or suggestion concerning HiBeats for Artists, or may contact us by sending an email to firstname.lastname@example.org.
Below, we will now proceed to show you the Terms and Conditions that generally rule the access to the Holder ́s Website, as well as both the services and functionalities offered there, without prejudice to the application of different Terms and Conditions or their modification. A regular reading and reviewing of these Terms and Conditions is recommended, as there may be modifications to the legal texts.
General Terms and Conditions of Use
1. Identification of the parties
These Terms and Conditions of Use are entered into on the one hand by the Holder and on the other hand by you, as a User who is registered as an Artist on the HiBeats App and who accesses HiBeats for Artists voluntarily and free of charge.
2.1. The purpose of this Website is to allow Users registered as Artists on the HiBeats App to upload their HiBeats to the platform in order to make them public and audible, as well as to assign to each HiBeat their musical track a name, cover or short video, filter it by genre, instruments, BPM, tone, record label (if applicable). In the same way, the Artist can visualise the statistics of his/her HiBeat.
2.2. In addition, from HiBeats for Artists, the Artist can register for the current Challenges on the App.
3. User’s liabilities
As a User, through the mere access and browsing on the Website, you shall:
- Use the Website and its features in accordance with the applicable legislation, as well as the moral and good deeds, public order and these Terms and Conditions.
Review the changes and modifications we may make to the Terms and Conditions, as well as those made to other applicable Terms and Conditions.
- Check the communications submitted by HiBeats for Artists, as they may contain relevant information.
Not to use the Website for commercial purposes, in particular to collect information or content for the purpose of providing services that are clearly in competition with HiBeats for Artists.
Not to modify or attempt to modify in any way, or take any action or use any means intended to simulate the appearance or functions of the Website.
- Not to damage, disable, overburden or impair the service (or the network(s) connected to the service), or interfere with its use and enjoyment of the service.
Not insert, by any means, virus, worms, trojans or any other malicious codes in order to interrupt, destroy or limit the functioning of the Website.
- Not use any techniques of verse engineering and/or to decompile or to decode or use any other system to find HiBeats for Artists ́ source code.
- Not perform any kind of act that may violate the Holder ́s rights or interests, or third parties ́, such as intellectual and/or industrial property rights (trademarks, copyright, commercial secrets…).
4. Website ́s availability
The Holder seeks to improve and expand HiBeats for Artists, as well as its content and services offered on it. However, the Website will be displayed as it is at any time, subject to availability, limitations and other circumstances.
5. Intellectual and industrial property rights
5.1. All intellectual and industrial property rights over the Website and its contents, including programming, design, applications, graphics, codes, text or images, trademarks, trade names, distinctive signs and other elements present therein belong exclusively to the Holder, including the HiBeats brand, or has sufficient rights and/or licenses to exploit them.
5.2. As a consequence of the above-mentioned, any reproduction, distribution, public communication (including making the content available), transformation or any other kind and form of exploitation, or even citing sources, is prohibited, unless you have prior, express and writing consent of the Holder or the exclusive owner of the rights affected.
5.3. Users are also informed that they must be the holders of the rights to any content they upload to the Platform, and HiBeats for Artists shall in no case be held responsible for such actions and content.
5.4. In this regard, the Artist, by uploading a HiBeat to the App, guarantees that he/she is the author of the HiBeat or that he/she has sufficient rights to upload it to HiBeats. In this case, the Artist grants to the Holder the HiBeat included in HiBeats, which includes the rights of reproduction, distribution, public communication and transformation (i) on a non-exclusive basis but with the character of transferable to third parties, (ii) for the time in which it remains registered in the App and, after its removal, for the maximum time allowed by the Intellectual Property Law until its passage into the public domain, (iii) without territorial limit and therefore for all territories of the world and (iv) for the purpose of the App as well as acts of promotion and advertising of the same.
5.5. If you detect any infringement of intellectual and/or industrial property rights on the Website, please send us an email to the address referred to earlier.
6. Exclusion of liability
6.1. HiBeats for Artists strives to make the services and functionalities of the Website permanently available. However, they will be shown “just as they are” when you access them, according to its availability and limitations at the time.
6.2. Despite the Holder ́s continued efforts to protect the systems and content included on the Website, for which it has implemented the usual Internet security standard, it is not possible to offer full guarantees regarding the intrusions or loss of information that may happen. Likewise, the absence of viruses or other harmful elements can not be guaranteed on the Website or on third-party pages that may cause alterations to the User ́s computer system, both to software and hardware. For this reason, the User accepts and understands that events may occur that are outside the control of HiBeats for Artists.
6.3. The Website may include links to pages or sites of third parties outside the Holder, for which it assumes no responsibility whatsoever as it does not approve or review their functions and contents. Users who access any link published on the Website do so at their own risk, without the Holder assuming any responsibility for it.
6.4. Likewise, the Website is exempt from any liability arising from the misuse of the same by Users, as well as for the breach of the obligations or commitments assumed by virtue of these Terms and Conditions or any other applicable ones.
7.1. The Holder may sanction any User who breaches these Terms and Conditions by making impossible the access to the Website, temporary or indefinitely. The duration of the sanction will depend on the kind of infringement committed. The access restriction shall not entail the right to a compensation.
7.2. Any kind of harm, damage, loss or cost (including lawyer ́s and legal representative ́s fees) caused by a User ́s infringement of these Terms and Conditions, or of any other applicable ones, shall entail HiBeats for Artists ́ right to a compensation. This covers any kind of claim by third parties caused by those infringements.
8.1. These Terms and Conditions may at any time be modified and/or updated without prior notice. The modifications made will take effect from its publication on the Website, whatever the means and form used to do so.
8.2. The modification will only affect those Users who have accepted them after such modification.
9. Further subjects
9.1. Waiver and interpretation
Should any provision of these Terms and Conditions be considered illegal, invalid or non-enforceable by decision of the competent authority, it may be amended in such a way so that it can be enforceable and, at the same time, effective as near as possible to the original intention of the provision. In any case, such a declaration of any of the clauses shall not prejudice the validity of the remaining ones.
The non-enforcement of the strict fulfilment of any of these terms does not entail nor may it be interpreted as a waiver on Holder ́s part of requiring their fulfilment on their strict terms in the future.
The language applicable to these Terms and Conditions is Spanish. If versions in other languages, such as English, are provided, it will only be for the User’s convenience. In the event of contradiction, the Spanish version shall prevail.
9.3. Governing law and venue
The relationship between the Holder and the User shall be governed by Spanish law and any discrepancies or disputes regarding these Terms and Conditions shall depend on whether the user is a consumer and/or user in accordance with the applicable regulations.
If the user is a consumer and/or user, disputes shall be submitted to the Courts and Tribunals of the User’s domicile. In the event that the user does not have such status, disputes will be determined by the Courts and Tribunals of Madrid.