Terms & Conditions
THE RULES OF PROVIDING WEBSITE ACCESS SERVICES
Contact with the Company:
1. User: a natural person aged over 18 years old or a person aged over 13 years old who obtained a consent of a statutory representative (in particular, a parent) or a legal guardian, and a legal person and an institution having legal capacity, intending to use the Portal.
2. Materials: background music, vocalists’ recordings and other materials presenting artistic abilities of the Users, in particular such as music and videographic recordings, photographs, notes referring to the Users.
3. Track: instrumental background music for downloading and compiling by other Users.
4. 2Track: sessions created by two Users consisting of two Tracks.
5. User Account – a space on a server provided to the User by the Company where the User may implement Materials and administer the aforementioned Materials. The User decides on aims and means of processing the Materials within the framework of their User Account.
6. Login/Name of the User – a sequence of characters implemented by a User on the Website at the stage of creating the Account, enabling further identification of the User during the use of the Website. Login, as a technical and unique sequence of characters is not amended.
7. Account Base – a collection of Data or Personal Details implemented on the Website by the Users which are collected with the Users’ approval and processed in an ordered manner in the IT system within the framework of Services provided by the Company.
8. Service: a service provided by the Company consisting in providing a User’s access to the Accounts of other Users.
10. Agreement – an agreement on providing e-services concluded between the User and the Company at the moment of accepting the Rules by the User with the content corresponding to the content hereof.
The website offers an access to the following Services to the Users:
- a catalogue of tracks in instrumental versions grouped according to music genres; it contains a track browser;
- a catalogue of vocalists with a photo, a biography and samples of works;
- a catalogue of the latest and top-valued tracks by the Users; it contains a track browser;
- a catalogue of the Users accounts containing Materials referring to the User, such as: photos, a biography, demo materials, finished tracks, open sessions (without an approval of the background music makers);
– a catalogue of background music of professional artists for the use of the vocalists who wish to try their chances in competitions.
1. By accepting these Rules, the User accepts all the terms hereof and undertakes to comply with them. Using the Website means accepting the Rules.
2. The website is for the use of the Users.
3. Creating and using the Account within the scope of the services provided by the Company and the operation on the Website is voluntary and free of charge within the scope set forth herein. The Company reserves the right to create and offer additional services against payment (not covered hereby).
4. The agreement is concluded for undefined period of time at the moment of accepting these Rules.
5. The User of the Account undertakes to submit their true personal details in the registration form:
a name and surname, e-mail address (excluding the so called temporary e-mail addresses).
6. The User is not entitled to submit on the Website personal details of third parties and an image of third parties with no permission or approval of this person.
7. An acceptance of the Rules by the Account User is equivalent to making the following statements:
a. I have read the Rules and I accept all provisions hereof;
b. I voluntarily proceeded the use of the Website Services;
c. The personal details submitted in the registration form and their possible amendments during the use of the Website, are true and in compliance with the law and make no infringements to any third party rights;
d. I express my consent to process my Personal Details by the Company, which have been primarily submitted in the registration form and subsequently amended during the use of the Website, in order to properly provide the Services set forth herein, as well as for operation and statistical reasons related to the conduct of the Website;
e. I permit to use my image submitted on the Website in order to provide the Services by the Company and provide usability of the Website, and I declare that the persons whose image I have put on the Website have granted such permission;
f. I express my consent to receive newsletters, messages from the Company and information on impediments, amendments or technical breaks in the Website operation to the e-mail address submitted in the settings of the Account;
g. I permit the provision of the Services by the Company within the framework of my Account on the Website;
h. I am aware of the legal responsibility for submitting Materials on the Website to which I have no relevant rights, in particular copyrights and related rights, personal details and images of third parties without a proper permission;
i. I am aware of the legal responsibility for submitting Materials on the Website which infringe any rights of third parties, including but not limited to copyrights, related rights, personal rights;
j. I accept and undertake to use the Website in accordance with the Rules and the intended use of the Website stipulated in the provisions hereof;
k. I accept and express my consent to delete the Materials which I put on the Website by the Company, in particular those which infringe the law, good practices, propagate harmful behaviours or which are not related to the profile of the Website;
l. I accept and acknowledge the full and free right of the Company to modify the Website at any time within the scope deemed advisable by the Company, which covers the Company’s right to modify the image of my Account,
m. I accept and acknowledge the full and free right of the Company to submit advertisements, promotional materials, information, markings of third parties – irrespective of the type and format thereof, within the framework of the Website or the Account;
n. I accept and acknowledge the full and free right of the Company to decide on the content of the Website, including deleting and modifying Materials and Services on the Website,
o. I accept and acknowledge the full and free right of the Company to prevent the User from accessing the Website, cease from conducting the Website and each of its Services and to undertake all actions related to the Website permitted by law.
1. The User may register (create an account) and log to the system using their Facebook account or e-mail address.
2. The registration is equivalent to the acceptance hereof.
3. The registration directly through the Website requires a submission of a Login, name and surname and an e-mail address. Logging requires a submission of an e-mail address and a password or using the "remind my password" option.
4. After setting up the Account, the User may put their photo, a biography, demos (not to be compiled by other Users) and to set out a genre of the created music. The User may publish only photos to which they possess relevant rights. If a photo presents a different person, the User should obtain consent of such a person for dissemination and public sharing of their image.
5. After setting up the Account, the User may put on the Website their background music for downloading and compiling by other Users. The User sets out music genre, pace, duration of the background music (automatic display of this information is possible). Inserting the background music means consent that it is saved on discs of other Users and compiled. After setting up the Account all information of the User is visible to other Users.
6. The User has the right to submit only these Materials on the Website to which they possess all rights, in particular copyrights and related rights.
7. The User is held legally liable for submitting Materials on the Website which infringe third party rights.
V. Technical requirements
1. The User needs Internet access to use the Service.
2. The following equipment with installed internet browser are required for the use of the Service: a computer, tablet or a mobile phone (smartphone). A computer should have a browser in the following version: Firefox 40.0.0., Chrome 44., Internet Explorer 10, Safari 5.
3. It is a duty of the User to inspect whether their equipment comply with the technical requirements set out in V.2. hereof.
4. The Company does not guarantee a proper operation of the Service in the case when the User’s equipment fails to comply with the technical requirements set out herein.
VI. Blocking and/or deleting the User Account
1. The User may terminate this agreement without any reason with immediate effect.
2. Termination of the agreement by the User consists in deleting the Account according to the procedure submitted at page ………………….. Deleting the Account means permanent deleting of all Materials inserted by the User on the Account which, however, does not result in automatic deletion of personal details from the Account Base.
3. The Company reserves the right to block and/or delete the User Account, in particular the User whose actions are harmful to the Website or to other Users, illegal and/or incompatible with good practices, the Portal’s idea, are of low artistic value according to free evaluation of the Company or have any other negative impact on the image or reputation of the Website. This right is also exercised with respect to User Accounts to which there are reasonable grounds to believe that these Rules may be infringed.
4. The User acknowledges and accepts that deleting the Account means for this User an irretrievable loss of all Materials collected on this Account.
5. The agreement may be terminated by the Company by blocking and deleting the Account, irrespective of other provisions hereof, in particular in the following situations:
a. undertaking actions by the User to the detriment of Users, third parties or the Company;
b. putting content or photos on the Account which objectively may have a negative impact on the Website operation;
c. receiving information on illegal character of the Materials by the Company;
d. addressing contents to other Users, which according to an objective evaluation infringe good practices, in particular libels, offensive content, infringing personal interests, encouraging or instigating the commission of offences, harassing other people.
6. In the event of putting illegal, offensive, false contents at the Account, in contradiction to the law provisions, propagating violence, hatred, infringing moral norms or good practices, the Company reserves the right both to block the User Account, block a possibility of making public statements within the framework of the Website, as well as to delete the Account which is equivalent to the agreement termination by the Company.
7. In the event the Account is blocked or deleted by the Company, setting up a new Account by the same User requires prior consent of the Company.
VII. Limitation of the Service use.
1. The Company informs that there may be short intervals in the access to the Service of no longer than 72 hours monthly, caused by a necessity to conduct maintenance and technical works.
2. In the case of a longer failure, the Company shall make every effort to eliminate it in shortest time possible.
3. The Company reserves that it is not liable for teleinformation data transmission.
4. Some Services may have licences limited in terms of territory (geolocation); in such a case it shall be explicitly stated in the description of the Service. An access to the Service with territorial limitation is provided only for the Users logging in on the territory of the Republic of Poland and identifying with the Polish IP.
5. The materials presented on the Website constitute a subject of copyrights and are subject to protection provided for in the Copyright and Related Right Act. The Users are the owners of copyrights.
6. The materials offered on the Website are for own personal use and may not be distributed and published in any form.
7. The Company has the right to block an access to the Services or terminate the Agreement with immediate effect, should the User use the Service contrary to the Rules or the law provisions, in particular in a manner infringing intellectual property rights and fail to cease infringements in the set time limit despite requests.
1. The Company is liable for non-performance or improper performance of the Service within the scope set out in the Rules, the agreement and applicable provisions.
2. The Company is not held liable against the User in the following cases:
a. malfunction of the User’s equipment,
b. limitations or interferences in the Internet access,
c. other disturbances arising out of the act or omission of the User in contradiction to the Rules.
IX. General provisions.
1. The provisions of the civil code apply in matters unsettled herein.
2. Any disputes arising out of the use hereof, including execution of agreements concluded between the Company and the User, shall be settled by the Common Court with jurisdiction in accordance with the Code of Civil Procedure.
3. The Company reserves the right to implement amendments hereto.
4. The Rules are applicable from 1th of March 2016