The terms and conditions outlined below regulate the access and use of the Website www.primaverasound.com established by the company Primavera Sound, S.L, whose registered office is found at calle Pujades, 63, 08005 Barcelona, and whose Fiscal Identification Number is B-61978987. Telephone +34 933010090, fax +34 933010685 and email [email protected]. Established for an indefinite period of time by virtue of public and registered deed at the Commercial Registry of Barcelona, Volume 31815, Section B-197256 and Page 38.
1. PURPOSE AND AREA OF APPLICATION
1.1 These General Conditions (“General Conditions”) regulate the access, navigation and use of the websites under the “primaverasound.com” domain (the “Website”) and detail the responsibilities that come with the use of its contents (“contents” being understood to mean, from here on out, the texts, graphics, drawings, designs, codes, software, photos, music, videos, sounds, databases, images, expressions and information, as well as any other creation protected by international agreements on industrial and intellectual property rights).
1.2. It is understood that access to or the mere use of the Website on behalf of the User implies adherence to these General Conditions, which PRIMAVERA SOUND keeps posted and makes available at all times for those who access the Website. Therefore, the User should carefully read these General Conditions.
By “User” we mean the people who access, navigate, use and/or participate in the services and activities, whether free or paying, developed on the Website.
1.3. The purpose of these General Conditions is to regulate access, navigation and use of the Website; however, independently of these, PRIMAVERA SOUND may establish Particular Conditions regulating the use and/or the contracting of specific services offered to Users through the Website. Likewise, through the Website, PRIMAVERA SOUND may authorise third parties to advertise and offer their services. In these cases, PRIMAVERA SOUND will not be responsible for establishing the General and/or Particular Conditions governing the use, provision or contracting of services by third parties, and, therefore, will not be considered responsible for them in any way.
1.4. Before using and/or contracting said specific services provided by PRIMAVERA SOUND, the User should carefully read the corresponding Particular Conditions created, in such cases, by PRIMAVERA SOUND itself. The use and/or contracting of said specific services implies the acceptance of the Particular Conditions that regulate them, in the version published by PRIMAVERA SOUND at the time that said usage and/or contracting takes place.
2. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
2.1. PRIMAVERA SOUND is the owner of all the rights of the industrial and intellectual property of the Website, and it is also the owner or has the corresponding license governing the industrial, intellectual and image rights of the contents available through the Website.
2.2. In no case whatsoever will access and navigation on the part of the User imply a relinquishment, transmission, license or total or partial cession of said rights by PRIMAVERA SOUND
2.3. Consequently, it is not permitted to suppress, evade or manipulate the copyright notice or any other identification details relating to the rights of PRIMAVERA SOUND or of its incorporated content titleholders, including technical safety devices, fingerprints or any other information and/or identification mechanism that might be contained in the contents.
2.4. Likewise, it is prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or later publications, load files, send by mail, transmit, use, deal with or distribute in any way the whole or parts of the contents included on the Website for public or commercial purposes without the express or written authorisation of PRIMAVERA SOUND or, should it be the case, the owner of the corresponding rights.
Access to the Website by Users is free of charge, nevertheless, PRIMAVERA SOUND reserves according to the existing law the right to limit acces to determined areas of the web page, therefore some of the services offered and contents offered by PRIMAVERA SOUND or third parties through the Website may be subject to previous contracting of said service or product and payment of a certain amount of money as stipulated in the corresponding Particular Conditions. In such cases, this information will be made available in a clear way.
4. USE OF THE WEBSITE
4.1. The contents included on the Website are made available exclusively for its users and consumers. Any unauthorised commercial use of said contents is prohibited unless prior written authorisation has been granted by PRIMAVERA SOUND.
4.2. If, in order to use and/or contract a service on the Website, the User is required to register, they must provide accurate and lawful information. And, in the registration process, if the User is required to create a password in order to access these services, they must make diligent use of the password and keep it secret.
Consequently, Users are responsible for the appropriate custodianship and confidentiality of any identifiers and/or passwords issued by PRIMAVERA SOUND, and they are legally bound not to share this information with third parties, be it temporarily or permanently, or to allow access to others. Any illicit use of said services by an illegitimate third party will be the responsibility of the User and sole holder of the password information due to a non diligent use or loss of password by the User.
4.3. In light of the above mentioned, it is the obligation of the User to immediately notify the Website authorities of any actions that might allow for undue use of identifiers and/or passwords, as in the case of robbery, loss or unauthorised access, so as to proceed to immediate cancellation thereof. Until such information is communicated, PRIMAVERA SOUND will be deemed free of any responsibilities that might result from the undue use of said identifiers and/or passwords by unauthorised third parties.
4.4. The access, navigation and use of the Website is the responsibility of the User, and as such the User inherently agrees to diligently and faithfully abide by any additional instructions issued by PRIMAVERA SOUND or personnel authorised by PRIMAVERA SOUND with regard to the use of the Website and its contents.
4.5. The User is obliged to use the contents and services of the web Primaverasound.com in a lawful way and according to the present general conditions and to not infringe the rights of PRIMAVERA SOUND or using the contents in offence of morals or generally accepted customs of good public conduct;
Por tanto, a título enunciativo pero no limitativo, se entiende prohibido el uso del sitio web con los siguientes fines: Therefore, by way of information without limitation, it is also forbidden to the use of the web for the following purposes
- Use the contents against the Intellectual and/or Industrial Property rights of PRIMAVERA SOUND or of their legitimate owners
- Circulate contents or propaganda of a racist, xenophobic, pornographic-illegal nature, those against human rights and statements in support of terrorism.
- Destroy, alter, render useless or in any other form damage the data programmed or electronic documents of PRIMAVERA SOUND or third parties. These acts constitutes a crime of damages, according to article 264.2 of the Spanish Criminal Code
- Prevent other users from having access to the service by a disproportionate use of the computer resources through which PRIMAVERA SOUND offers its services, as well as carrying out actions which can damage, interrupt or generate errors in abovementioned systems
- Reproducing or copying, distributing, allowing public access by way of any public communication venues, transforming or modifying the contents, without the prior authorisation of the owner of the corresponding rights.
- Employing the contents and the information of any kind obtained from the portal for advertising purposes promoting direct sales or any other commercial ends, unsolicited messages addressed to a plurality of people independent of its aims, as well as abstaining from commercialising or divulging such information in any way.
- The User will be responsible for damages of any nature that PRIMAVERA SOUND can suffer directly or indirectly, as a consequence of the failure to comply with any of the obligations mentioned in the general conditions or in the Law with regards to the use of the portal.
5. PERSONAL DATA
5.1.1. In order to use or gain access to some of the contents and/or services featured on the Website, PRIMAVERA SOUND may require Users to fill out registration forms, which would necessarily entail the provision of certain personal information (personal data). PRIMAVERA SOUND will use said information in accordance with the purposes and conditions outlined in each individual case, and in accordance with the policy of data protection of PRIMAVERA SOUND
5.1.2. Upon filling out and sending in any registration form found on the Website, the User consents to and expressly authorises PRIMAVERA SOUND to collect, use and release, depending on the case, the personal information requested in accordance with the purposes and conditions outlined in each such case.
5.2. Security measures
5.2.1. PRIMAVERA SOUND has adopted and will continue to adopt all obligatory technical and organisational security measures in accordance with current legislation and the standards of quality existing in the sector, with the aim of guaranteeing maximum security and confidentiality of communication.
5.2.2. PRIMAVERA SOUND guarantees that controls are in place to prevent security breaches or any other negative consequences, having adopted the most appropriate organisational measures and technical procedures to minimise such risks.
5.2.3. Notwithstanding the previous point, the User recognises and accepts that (i) Internet security measures are not impregnable, (ii) the networks used on the Internet are not secure, and (iii) any communication sent via this medium might be intercepted or modified by unauthorised persons.
6. COMMUNICATION LICENSE
6.1. In the event that the User might send information of any kind to the Website, the User states, guarantees and accepts that he/she has the right to do so freely, and that said information does not infringe upon any intellectual-property, brand or patent rights, business secrets or any other rights of third parties, and that said information is not confidential in nature and will not be damaging to any third party.
6.2. The User recognises having accepted this responsibility and declares PRIMAVERA SOUND blameless for any communication personally provided, or submitted in his or her name, fully accepting this responsibility without any restrictions at all of exactitude, legality, originality or ownership of the same.
6.3. The mere use of this Web Site implies the exclusive assignment by the User of any rights to exploit industrial or intellectual-property rights the User might hold with relation to communications made through the Website or PRIMAVERA SOUND and for the maximum term established by the national or international laws.
7. RESPONSABILITIES AND GUARANTEES
PRIMAVERA SOUND does not guarantee nor will it be responsible for (i) the continuity of the Website contents, (ii) any errors or the correction of any errors found on the Website, (iii) any viruses or other damaging components found on the Website or its service provider, (iv) the invulnerability of the Website and/or the impregnability of the security measures adopted by the Website, (v) the lack of usefulness or performance of the contents of the Website, (vi) any damage done to itself or any third party caused by a person who has infringed upon the conditions, regulations and instructions established by PRIMAVERA SOUND on the Website through the violation of the Website’s security systems.
Nevertheless, PRIMAVERA SOUND declares that it has adopted all the necessary security measures within its possibilities and the current state of technology to guarantee the proper functioning of the Website and to avoid the existence and transmission of viruses as well as any other components that might be damaging to Users.
8.1. Links to other Web Pages:
8.1.1. On the Website, the User may find links to other web pages through different buttons, links, banners, etc., which are managed and controlled by third parties. PRIMAVERA SOUND has neither the human resources nor the technical abilities to study, control or corroborate all the information, contents, products or services facilitated by other web pages that have established links on the Website. Consequently, PRIMAVERA SOUND cannot assume any kind of responsibility for any aspects relative to the web pages that have established links with the Website – specifically, expository and non-restricted matters regarding functioning, access, data, information, archives, quality and trustworthiness of its products and services, its own links and/or any of its contents, in general. 8.1.2. El establecimiento de cualquier tipo de enlace por parte del Sitio Web a otro sitio web ajeno no implica que exista algún tipo de relación, colaboración o dependencia entre PRIMAVERA SOUND y el responsable del sitio web ajeno.
8.2. Links on other pages to the Website:
8.2.1. If any User, entity or web page were to desire to establish any kind of link with the Website, it would have to be done so in accordance with the following stipulations:
• The link can only lead to the Main Page or Home Page of the Website, in some cases deep-links will be permitted.
• The link must be absolute and complete; that is, it must lead the User, with just one click, to the URL address of PRIMAVERA SOUND www.primaverasound.com– and the Main Page of the Website must fully occupy the screen upon opening. In no case, except with the express and written authorisation of PRIMAVERA SOUND, may the web site creating the link reproduce, in any way, the Website, or include it as part of its own web site or within one of its frames or create a browser for any of the pages of the Website.
• On the page where the link is established, no statements of any kind may be made suggesting that PRIMAVERA SOUND has authorised said link, unless express and written authorisation has in fact been provided by PRIMAVERA SOUND. If the entity creating a link on its web page to the Website were to wish to include on its web page the brand, name, trade name, graphics, logo, slogan or any other identifying element of PRIMAVERA SOUND and/or the Website, it would have to obtain the express and written authorisation of PRIMAVERA SOUND prior to doing so.
• PRIMAVERA SOUND does not authorise the establishment of links to the Website on any web pages that contain materials, information or contents that are illicit, illegal, degrading, obscene, or, generally speaking, offensive to widely accepted moral values, public order or social norms.
8.2.2. PRIMAVERA SOUND has neither the technical nor human resources to study, check or approve all the information, contents, products and services provided by other web pages establishing links to the Website. PRIMAVERA SOUND, therefore, assumes no responsibility whatsoever for any aspect relative to any web page that establishes a link to the Website, specifically with regard to expository and non-restrictive matters relating to its operations, access, data, information, archives and the quality or trustworthiness of its products, services, links and/or any other of its contents in general.
8.3. Services Provided by Third Parties through the Website:
8.3.1. PRIMAVERA SOUND does not guarantee the lawfulness, trustworthiness or usefulness of any services provided by third parties on this Website, or for which PRIMAVERA SOUND only acts as a mere venue for advertising.
8.3.2. PRIMAVERA SOUND will not be held responsible for harm or damage of any kind caused by the services provided by third parties through the Website, specifically with regard to any harm or damaged caused by: (i) failure to comply with the law, moral values and/or public order; (ii) the transmission of a virus or any kind of computer-related code, file or programme that might damage, interrupt or impede the normal functioning of any given software, hardware or telecommunications equipment; (iii) the infraction of industrial and/or intellectual property rights, company secrets or contractual commitments of any kind; (iv) any illegal, deceitful or untrue activities representing unfair competition; (v) the lack of veracity, exactitude, quality, pertinence and/or current relevance of the contents transmitted, distributed, stored, received, obtained or made available and accessible; (vi) the infraction of any rights to personal or family privacy, including images of persons and, in general, any kind of third-party rights; (vii) the inappropriateness for any kind of purpose and the defrauding of any expectations aroused, or any defects that might result from third parties; and (viii) the failure to comply with, or the delay in complying with, any services or obligations contracted through third parties, including contracts made with third parties.
9. DURATION AND MODIFICATION
9.1. PRIMAVERA SOUND may modify the terms and conditions stipulated here at any time, partially or totally, by publishing any change in the same format as these General Conditions or by way of any type of communication directed towards Users.
9.2. The standing validity of these General Conditions, therefore, coincides exactly with the length of time they are posted; that is until the moment they are modified, totally or partially, when the modified General Conditions will then come into effect.
9.3. Independently of what is stipulated in the Particular Conditions, PRIMAVERA SOUND may terminate, suspend or interrupt, at any time and without the need to give prior notice, access to the contents of the Website, without any possibility on the User’s part to demand indemnity of any kind. Following any such termination, the prohibitions regarding content usage previously outlined in these General Conditions will remain in force.
10.1. The headings of the different clauses are only informative in nature, and they do not affect, qualify or broaden the interpretation of the General Conditions.
10.2. In the event that discrepancies arise between what is established in these General Conditions and any Particular Conditions of a specific given service, the Particular Conditions will prevail over the General Conditions.
10.3. In the event that any regulation or regulations of these General Conditions were ruled null and void or inapplicable, in whole or in part, by any Court, Tribunal or any other competent administrative body, such a ruling would not affect the other regulations of either the General Conditions or the Particular Conditions of the different services of PRIMAVERA SOUND.
10.4. The non-exercise or non-execution by PRIMAVERA SOUND of any right or regulation contained in these General Conditions does not represent a revocation or relinquishment of said rights and regulations, unless agreed to and recognised in writing by PRIMAVERA SOUND.
11.1. The relationship established between PRIMAVERA SOUND and the User is governed by existing rules and regulations with regard to applicable legislation and competent jurisdiction. However, should the rules and regulations indicate the possibility of having to go to court, PRIMAVERA SOUND and the User, with the express renunciation of any other possible court, will resolve any such issues in the Courts and Tribunals of the city of BARCELONA (Spain). In any case, the access and use of the Web Site is governed under Spanish Law.