TERMS AND CONDITIONS OF EXPERTMUSIC SERVICES USE
Warsaw 31 May 2016
Updated on 31 May 2016
This User Agreement is a proposal of ExpertMusic Limited liability company (hereinafter – the Company, or ExpertMusic) to conclude an agreement on conditions laid down below.
1.1. This User Agreement (hereinafter - Agreement) is available on the Internet site within the following domain (including subdomains): expertmusic.net.
1.2. The Site is the property of the Company.
1.3. The Agreement regulates the relationships between the Site Administration (hereinafter – the Administration) and the User.
1.4. The Administration reserves the right to make ammendments and changes to the Agreement, add or delete articles of Agreement without notifying the User.
1.5. The fact that the User continues using the Site means that they accept this Agreement and agree with all the changes made to this Agreement.
1.6. The User is personally responsible for checking the Agreement for the presence of ammendments and changes.
TERMS AND DEFINITIONS
2.1. For the purposes of this Agreement the terms below are defined as follows:
2.1.1. The Administration – authorised staff who manage the site on behalf of the Company.
2.1.2. Content – images, textual, audio- and videomaterials, other objects of copyright or related rights, as well as other information and notifications of any kind.
2.1.3. Personal User Account – personal application that becomes available to the User after they have logged on and/or authorised on Site. Personal Account is used for storing personal data, browsing through and operating options and functions available on this application.
2.1.4. Mobile Applications – are installed and used by means of software application units that enable the User to access the Services via telecommunications network.
2.1.5. The User – a legally capable physical person who accepts the Agreement and gains access to the Site/Application via the Internet in order to use the Site/Application for their own purposes or on behalf of a legal person represented by them.
2.1.6. Application – a software application and/or database including the Site and the Mobile Application, used for gaining access to Services.
2.1.7. The Site/Sites – any automated information system available in the Internet within the following domain (including subdomains): expertmusic.net
2.1.8. Service – a package of services provided to the User by means of Application.
2.1.9. Agreement – this document with all annexes, changes and binding documents mentioned in it, as well as the contract drawn up on its basis.
2.1.10. Device – a personal computer, tablet, mobile telephone, personal communication device, smartphone or other devices providing access to Applications and Services.
2.1.11. Content of the Site/Application (hereinafter - Content) – legally protected intellectual property including literary texts, their titles, prefaces, summaries, articles, illustrations, covers, musical compositions with or without texts, graphical or textual works, photos, derivative, compiled, and other works, visual interfaces, brand names, logos, software applications, databases as well as design, structure, options, coordination, layuot and style of the Content of Site and other copyright objects contained on Site.
2.2. This Agreement may use other terms and definitions not mentioned in article 2.1 of the Agreement. In this case the term is defined in accordance with the text of the Agreement. In case of absence of a clear term or definition in the text of the Agreement and other documents used as a basis for the contract drawn up on conditions of the Agreement, it is recommended to use the definition of the term accepted for use, firstly, in the legislation of the Republic of Poland, and secondly, in business practice and academic writing.
THE SUBJECT OF THE AGREEMENT
3.1. The subject of this Agreement consists in providing the User with access to the Site and Services.
3.2. This Agreement is a public offer. By gaining access to the Site/Application the User accedes to this Agreement.
3.3. The use of materials and services posted on Site is regulated by current legislation of the Republic of Poland.
3.4. The Application and Services based on it may be used in any way and by any means within their functional capabilities and purposes stipulated by the Agreement including:
- logging on and/or authorisation in the Application;
- browsing through the Content of the Application;
- publishing or visualising any Content in the Application;
- other use of functional capabilities of the Application or Services available;
3.5. This Agreement together with binding documents mentioned in it determines the main terms and conditions of using Applications, their developing and/or adding new functional capabilities.
3.6. The mandatory condition of using the Application and providing Services based on the Application is full and unreserved acceptance by the User of terms and conditions stipulated by the following documents (according to the text of the Agreement – “binding documents”):
3.6.1. The Rules of using the Site and Mobile Applications posted on the abovementioned Site to regulate the use of functional capabilities of the Site and Applications related to it;
3.7. Provision of Services is regulated in accordance with this Agreement as well as documents based on it (according to the text of the Agreement – “additional documents”) that are available on ExpertMusic sites to regulate the use of certain Services.
3.8. By using any functional capabilities mentioned in article 1.3. the User confirms that:
а) They have familiarized themselves with the terms and conditions of this Agreement and binding documents related to it before using the Application and/or Services provided on the basis of the Application.
b) They accept all terms and conditions of this Agreement and binding documents related to it fully and without any reservations, and are obligated to comply with them or cease to use Services. If the User does not agree with the terms and conditions of this Agreement and binding documents related to it they do not have the right to sign a contract based on this Agreement and have to immediately cease to use the Application and Services provided on its basis.
3.9. Current version of the Agreement is available at: https://expertmusic.net/terms/
RIGHTS AND LIABILITIES OF THE PARTIES
4.1. The Administration of the Site is entitled to:
4.1.1. Make changes to the rules of using Services and the content of the Site/Application. Changes come into effect as of the time of posting new version of the Agreement on Site.
4.1.2. In case of a discrepancy between the Agreement and terms of using any of the Services stipulated by an additional document, the priority is given to the terms of using a Service in question stipulated by an additional document related to it.
4.1.3. The Agreement, including binding documents related to it, may be changed by ExpertMusic Administration without notification. The new version of the Agreement and/or related binding documents comes into effect as of the time of its posting on Site or informing the User by any other convenient means except as otherwise is stipulated by the new version of the Agreement and/or binding documents related to it.
4.1.4. Limit the access to Services/Applications in case of violation of terms and conditions of the Agreement by the User.
4.2. The User is entitled to:
4.2.1. Gain access to the Site/Application provided that they follow registration requirements.
4.2.2. Use all Services available on Site.
4.2.3. Use the Site/Application in a manner stipulated by this Agreement that does not contradict the legislation of the Republic of Poland.
4.3. The User of the Site/Application is under obligation to:
4.3.1. Provide additional information directly related to the provision of Services at the request of the Administration of site.
4.3.2. Respect property and non-property rights of the authors and other copyright holders while using the Site/Application.
4.3.3. Not to commit actions that can be regarded as a violation of rules or disrupt the work of the Site/Application.
4.3.4. Not to use the Site/Application to spread any confidential data protected by the legislation of the Republic of Poland.
4.3.5. Avoid any actions that may result in violation of confidentiality of data protected by the legislation of the Republic of Poland.
4.3.6. Not to use the Site/Application to place advertisement unless the Administration have given their consent.
4.3.7. Not to use Services with the following purposes:
18.104.22.168. uploading illegal content that may infringe any rigts of the third parties; promotes violence, cruelty, hatred and/or racial, national, gender, religious or social discrimination; contains inadequate information and (or) insults aimed at certain persons, organisations or authorities;
22.214.171.124. encouraging illegal actions and cooperating with persons who break restrictions and violate bans that are in force on the territory of the Republic of Poland;
126.96.36.199. infringing the rights of persons under legal age and (or) doing any harm to them;
188.8.131.52. infringing the rights of minorities;
184.108.40.206. claiming to be another person or a legal representative of an organisation/community without being entitled to that, including the claims to be the Administration representative;
220.127.116.11. spreading misinformation as to the functional capabilities and features of Services/Applications;
4.4. The User is prohibited:
4.4.1. to use any devices, programs, procedures, algorhythms and methods, automated and non-automated means of gaining access to, acquiring, copying or tracking the content of Site/Application;
4.4.2. to disrupt normal functioning of the Site/Application;
4.4.3. to evade the navigation structure of the Site/Application by any means in order to access or make an attempt to access any information, documents or materials in any ways that are not provided and stipulated by the Administration;
4.4.4. to illegally access any functional options of the Site/Application, other systems and networks related to the Site, and any other services not provided by the Administration;
4.4.5. to disrupt safety and authentification system of the Site/Application or any other network related to the Service;
4.4.6. to do backward search, to track or make an attempt to track any information about other Users of the Site/Application;
4.4.7. to use the Site/Application and the Content for any purposes that contradict the legislation of the Republic of Poland as well as encourage and provoke illegal activities or other activities that may result in infringement of rights of ExpertMusic and/or other persons.
GENERAL TERMS AND CONDITIONS OF USING THE SITE AND APPLICATION
5.1. The Site/Application is the property of ExpertMusic and is managed by the Administration.
5.2. The Content can not be copied, published, reproduced, transferred or spread by any means, or posted on the Internet without written consent of the Administration.
5.3. The Content is protected by copyright, the Trade Marks Law, and other laws related to intellectual property as well as the Unfair Competition Act.
5.4. The User bears personal responsibility for confidentiality of their personal account data including the password, as well as for all the actions undertaken on behalf of the User.
5.5. The User is to immediately inform the Administration in case of illegal access to their personal account or password, or any other disruption of safety system.
5.6. The Administration is entitled to annul User personal account on a unilateral basis if it has not been used for more than three months in a row without notifying the User.
5.7. This Agreement is valid for all additional documents, purchase conditions and provision of Services provided on Site.
5.8. Browsing through publicly available Content does not require logging on and/or authorisation of the User.
5.9. Any other use of functional capabilities of the Application, including the use of Services, is possible only after logging on and authorisation of the User in the Application in accordance with the rules laid down by ExpertMusic company.
5.10.The list of functional capabilities of the Application that require logging on and/or authorisation and, in some cases, submitting additional documents necessary to gain access to the Services is compiled solely and exclusively by Expert Music and can be changed by the Administration.
5.11. On completing the procedure of authorisation a new account is created as a User personal account in the Application which is necessary to gain access to most functional capabilities of Applications and Services based on them. The User does not have to log on and authorise separately in every Application.
5.12. In order to authorise the User is to provide full and adequate information about themselves based on the scope of required data in the registration form, and to update it regularly. If the User provides inadequate information or if ExpertMusic have reasons to suppose that the information is not full or adequate, ExpertMusic are entitled to block or delete the account at their own judgement, as well as to bar the User from using Applications and Services related to them completely or partially.
5.13. ExpertMusic reserves the right to call upon the User to confirm their data at any time and to require documents to confirm information (including documents confirming identity). If the User fails to submit documents ExpertMusic have legitimate reasons to regard the information as inadequate which entails consequences stipulated by article 5.12 of this Agreement. In case of a discrepancy between the data in the documents and the data provided by the User in the registration form, as well as in case of impossibility to identify the User by the data they provided, ExpertMusic are entitled to take measures stipulated by article 5.12 of this Agreement.
5.15. Authorised User may use their Personal Account and other functional capabilities of the Application, including conditions of using Services, at their own judgement. However, the use of the abovementioned facilities may by no means and on no condition contradict this Agreement except if otherwise is stipulated by additional documents.
APPLICATION USE RESTRICTIONS
6.1. By accepting terms and conditions of the Agreement the User realizes and recognizes that:
6.1.1. Expert Music is entitled to set limits and restrictions for the use of Applications and Services based on them for all Users or for certain categories of Users (depending on their location, languages available etc.) including: availability or lack of certain functional capabilities, maximum data retention period, special requirements for uploaded data etc.
Users will be notified about the restrictions in any way chosen by Expert Music at their own judgement.
6.2. In order to use certain Services the User accepts the following (except as otherwise is stipulated by additional documents):
6.2.1. The User uses the Application at their own risk and responsibility. Services are provided “as is” without warranty of any kind. Expert Music does not bear any responsibility, including the responsibility for compliance of the Application and Services based on it with the purposes of the User;
6.2.2. Expert Music does not guarantee that: Applications and/or Services meet the requirements of the User at the time of concluding the Agreement or will meet the requirements of the User afterwards; Services will be provided ceaselessly, reliably and faultlessly; the results obtained by using Applications will be reliable and applicable to any purposes (e.g., to establish or confirm some facts); quality of any products, services, information or Content will live up to the User’s expectations;
6.2.3. As Applications and Services provided on their basis are constantly updated, the features of functional capabilities of Applications and Services provided on their basis can be changed by the Administration without prior notification. ExpertMusic is entitled to stop (temporarily or permanently) providing Services (or certain functions or options) to all Users or to a certain User without prior notification in case of necessity or at their own judgement;
6.2.4. Expert Music does not bear responsibility for any losses borne by the User in the result of using Applications and/or Services provided on their basis;
6.2.5. In any circumstances liability for damages borne by ExpertMusic in accordance with the legislation of the Republic of Poland is limited to EUR 1000 and is imposed on them in case of fault in their actions.
6.3. If a person authorizes as a User on behalf of a company as their legal representative, the company accepts the Agreement and is under obligation to protect Expert Music, their affiliated companies, their management, agents and employees from any claims, court trials and proceedings connected with the use of Applications and/or Services provided on their basis, and from any responsibility including liability for damages concerning claims, losses, damages, court trials, legal fees and lawyer’s fee.
6.4. Expert Music bears no relation to the Content provided and/or posted (transmitted, broadcasted) by the User in the Application, does not control the contents, adequacy or safety of such Content, as well as its compliance with current legislation and the User’s eligibility to spread and/or use this Content.
6.5. The User bears personal responsibility for compliance of the Content provided by the User to current legislation norms, including third party liability in case of infringement of rights and violation of interests of the third party by providing/spreading such Content, including personal non-property rights of the authors, other intellectual rights of third parties and/or their non-material values/intangible benefits.
6.6. The User agrees that Expert Music is under no obligation to carry out preliminary check of the Content of any kind provided and/or spread by the User by means of Applications, and that ExpertMusic is entitled (but not obligated) to bar the User from providing and/or spreading such Content, or delete any Content available via the Application at their own judgement. The User recognizes and agrees with the necessity to assess risks related to providing and spreading of such Content, including the assessment of reliability, comprehensiveness and usefulness of the Content.
6.7. In particular, while using Applications the User may not:
6.7.1. upload or otherwise post and/or spread information that is illegal, harmful, slanderous, libellous, injuring morality, information that demonstrates (or promotes) violence and cruelty, infringes intellectual property rights, promotes hatred and/or racial, ethnical, gender, religious, social discrimination, contains insults aimed at certain persons or organisations, contains (or promotes) pornography, child pornography, advertises (or promotes) sexual services (including those under the guise of other services), provides instructions for preparation, application or other use of drugs or their analogues, explosives or other weapons;
6.7.2. infringe the rights of third parties, including those under age, and/or do any harm to them;
6.7.3. claim to be another person or a legal representative of an organisation and/or community without being entitled, including claiming to be Expert Music employee, as well as otherwise illegally represent other persons in the Internet and mislead or misinform other ExpertMusic users about the features of any subjects or objects;
6.7.4. upload, send, transmit or otherwise post and/or spread the Content without being entitled to do so according to the legislation or contractual relations;
6.7.5. upload, send, transmit or otherwise post and/or spread advertisement without having special permission;
6.7.6. illegally collect and store personal data of other persons;
6.7.7. disrupt normal functioning of Applications;
6.7.8. provide reference links to Internet sources containing illegal content;
6.7.9. encourage and support actions aimed at violating restrictions and bans stipulated by the Agreement;
6.7.10. break the law in any other way, including international law.
6.8. In case of claims of the third parties against a certain User as to innfringement of any property and/or non-property rights of the third parties, as well as violation of restrictions and bans set by the law, the User is to go through an identification process at the request of ExpertMusic and to provide a certified letter of commitment to settle claims using their own resources and at their own expence, with indication of passport details.
6.9. In case of bringing ExpertMusic to responsibility or imposing penalties upon them in connection with infringement of rights or violation of interests of the third parties as well as violation of restrictions and bans committed by the User, the User is under obligation to make up losses borne by ExpertMusic in full.
6.10. In case of repeated gross violation of the terms and conditions of this Agreement and/or the legislation, Expert Music is entitled to block or delete the account of the User, ban their access to certain Applications and Services, delete any data provided by the User in their Personal account or the Content provided by the User without prior notification.
INTELLECTUAL PROPERTY RIGHTS
7.1. All objects available by means of Applications, including design elements, texts, graphics, illustrations, videos, software programs, databases available in the Application, are objects of exclusive rights of Expert Music, Users and other copyright holders.
7.2. ExpertMusic entitles the User to make use of the Application within its functional capabilities.
8.1. Any losses borne by the User in the result of deliberate or unconscious infringement of any article or provision of the Agreement as well as illegal access to the data of other Users are not compensated for by the Administration.
8.2. The Administration is not responsible for:
8.2.1. delays or failures while performing operations as a result of force majeure or any other technical problems in telecommunications, computer systems, electrical systems or other related systems.
8.2.2. transactions of money transfer providers, banks, payment service providers and possible delays in their work.
8.2.3. proper functioning of the Site/Application if the User does not possess hardware and/or software to use the Site/Application. The Administration is not responsible for providing the User with hardware/software.
VIOLATION OF TERMS AND CONDITIONS OF THE USER AGREEMENT
9.1. The Administration is entitled to disclose and report any personal data of the User for the purposes of investigation or in case of claims against the User for illegal use of the Site, or to identify the User who infringes or interferes with the rights of the Administration or other Users.
9.2. The Administration is entitled to disclose and report any personal data of the User at their own judgement in order to implement provisions of the law or rulings of the court, ensure fulfillment of terms and conditions, protect the rights or ensure safety of ExpertMusic and the Users.
9.3. The Administration is entitled to disclose and report personal data of the User if it is required or allowed by current legislation of the Republic of Poland.
9.4. The Administration is entitled to terminate and/or block access to the Site/Application without prior notification if the User has violated the Agreement or terms and conditions of using the Site/Application stipulated by other documents, as well as in case of failure of the Site/Application resulting from technical problems.
9.5. The Administration does not bear liability to the User or third parties for termination of access to the Site/Application in case of violation of any provisions and articles of the Agreement or other document providing conditions of using the Site/Application, committed by the User.
SETTLEMENT OF DISPUTES
10.1. In case of any disagreements or disputes between the parties of this Agreement resulting in appealing to court it is mandatory to make a prior official claim (a written proposal of voluntary settlement of dispute).
10.2. The claimee is to notify the claimer about the results of consideration of the claim within 30 days as of the day of receipt of claim.
10.3. In case of impossibility of voluntary dispute settlement any of the Parties may appeal to court in order to protect their rights stipulated by the current legislation of the Republic of Poland.
10.4. Any claim as to the terms and conditions of using the subject of this Agreement are to be made within 1 month as of the time of accrual of cause of legal action, with the exception of copyright materials of the Site protected by legislation. In case of violation of this clause of the Agreement claims are settled according to the statute of limitation.
11.1. The Administration does not adopt any counter-proposals form the User as to ammendments and changes to be made to the Agreement.
11.2. The User feedback posted on the Site is not confidential information, and can be used/deleted by the Administration without restrictions.
11.3. Expert Music is entitled to send messages on the User’s e-mail, given by the User in his Personal Account (hereinafter – “Notifications”) with important information as to the functionihg of the Application or concerning the Application.
11.4. Among other purposes, Notifications may be used to inform the User about access limitation to the Application and/or Services in connection with maintenance service, violation of rules committed by the User, changes in the functional capabilities of the Application, changes in conditions of Service provision, including changes of the Agreement, binding and additional documents.
11.5. Expert Music is entitled to use Notifications at their own judgement to advertise their Services and the products (services) of the third parties.
11.6. Contractual relationships between Expert Music and the User allow the use of electronic documents certified with electronic signature.
11.7. Basic electronic signature is an electronic signature that confirms the fact of creation of electronic signature immediately by the User by means of the User’s login and password or e-mail address provided by the User in the Personal Account.
11.8. By agreement between the Parties electronic documents with electronic signature are considered to be equivalent to paper documents with personal handwritten signature.
11.9. Expert Music identifies the Users who have basic electronic signature by their login and password used in the registration form to authorize in the Application in case of their using Services or by the User’s e-mail address in case of receiving messages from that address by Expert Music.
11.10. Any actions committed with the use of basic electronic signature of a certain User are considered to be committed by this User.
11.11. Placing an order by the User for access to Services by means of software tools in their Personal Account or by means of sending an e-mail to ExpertMusic from the address indicated in the Personal Account is regarded as signing electronic document with basic electronic signature and confirms that the User is interested in concluding an agreement to use this kind of Service on conditions stipulated by corresponding additional documents.
11.12. The User assumes an obligation to protect the confidentiality of their electronic signature. In particular, the User may not report their login and password or provide access to their e-mail to the third parties, and bears personal responsibility for the safety and individual use of these data. The Users decide upon the way data are stored and the way to limit access to them.
11.13. In case of illegal access to the login or password, their loss or disclosure to third parties the User is to immediately inform Expert Music by sending them an e-mail from the e-mail address indicated in the Personal Account.
11.14. In case of loss or illegal access to the electronic mail indicated in the Personal Account the User is to immediately create a new e-mail address and to inform Expert Music about this fact by sending them an e-mail from the new e-mail address.
11.15. This Agreement is regulated and interpreted in accordance with the legislation of the Republic of Poland. Issues not stipulated by this agreement are settled in accordance with the legislation of the Republic of Poland. All claims resulting from the relationships regulated by this Agreement are settled in accordance with the legislation of the Republic of Poland. In the text of the Agreement the term “legislation” stands for the legislation of the Republic of Poland, except as otherwise is clearly indicated.
11.16. If one or several articles or provisions of this Agreement are held invalid for whatever reason, it does not affect the validity or applicability of other articles and provisions of this Agreement.
11.17. Lack of action on the part of ExpertMusic in case of violation of the provisions of the Agreement committed by the User or other Users does not deprive ExpertMusic of their rights to protect their interests and can not be interpreted as abandonment of their rights in case of further violations.
11.18. All disputes and claims concerning the Agreement or in connection with it must be tried in court at the location of ExpertMusic in accordance with the current law of procedure of the Republic of Poland.
11.19. This Agreement is drawn up in the England Language and in some cases can be made available to the User in other languages. In case of any discrepancies between the England version of the Agreement and the version provided in another language it is recommended to apply the England version of the Agreement.
EXPERT MUSIC COMPANY DETAILS
Expert Music Spółka z ograniczoną odpowiedzialnością
Adres: 00-571 Warszawa, Al. Armii Ludowej 6/164,