This Legal Notice governs the use of the information society service accessible via the URL http://www.playclassics.com (hereinafter "the Website").
The Website host is the PlayClassics record label (hereinafter "the Record Label") owned by Mario Martínez NIF-52473934-D.
The Record Label offers Internet users a tool for enjoying classical music streamed over a player, which may be used without any need to be registered.
1. Identification of the Parties
These General Terms & Conditions of use are entered into by the Record Label (OF THE FIRST PART) which places the Website at the disposal of Internet users free of charge, and by the user (OF THE SECOND PART), deemed to be any natural or legal person that accesses the Website freely, voluntarily and free of charge, whether or not making use of the services offered therein.
By virtue of merely visiting, browsing and using the Website, the user becomes subject to these General Terms & Conditions.
2. Cost-free status of the Website
Website access is free of charge, as is browsing thereon and enjoyment of the services offered therein.
3. PlayClassics services
The Record Label places an online Internet music-listening service at the disposal of users, which allows them:
- to search for and filter music from among that available on the Website, according to the following criteria, namely, title, composer, performing artist, instrument or album;
- to list the results alphabetically, chronologically, randomly by track or randomly by work (maintaining the order of the tracks that comprise any given work);
- to select tracks in order to listen only to the tracks selected (playlist mode) or, alternatively, to select tracks in order to exclude the tracks selected (smart playlist mode);
- to save playlists, by sending them to their e-mail address. Every time users wish to open a playlist that they have created, they must do so via the link sent to their respective e-mail address;
- to share playlists by sending them by e-mail or including a link on any website, blog or social network; and,
- to insert the player in other websites or use it to provide background music at business premises or for educational purposes, in accordance with the licence contained in Clause 9 hereunder governing intellectual and industrial property.
4. Obligations of the User
By virtue of merely visiting or browsing through the Website, users must:
- use the Website and its services and functionalities, in compliance with the legislation applicable (particularly that governing intellectual and industrial property and protection of personal data), morals and generally accepted best practices, public policy and the Terms & Conditions of use hereof;
- use the Website diligently, correctly and lawfully;
- peruse any possible amendments made to these Terms & Conditions of use; and,
- where applicable, also peruse any notices sent to them, since these may contain sundry other important information.
Likewise, the user undertakes to respect the Website and comply with the following conditions, whereby he/she shall in no case:
- commit any breach of these Terms & Conditions of use or any obligation contained therein and acquired thereunder;
- infringe any right or interest of the Record Label or third parties, such as intellectual property or industrial rights (patents, trade marks, trade secrets, copyright or other property rights belonging to the Record Label);
- make any use of the Website to gather information and content for the purpose of rendering any service which, in the Record Label's opinion, falls to or competes with it;
- introduce, by whatever means, any computer virus, worm, trojan or other type of malware targeted at interrupting, destroying or limiting the functionality of the Record Label's service;
- have recourse to reverse engineering techniques and/or decompiling, decoding or using any other system to ascertain the Website's source code or any element subject to copyright or an underlying intellectual property right;
- change the Website in any way or manner possible;
- damage, disable, overload or hinder the service (or the network or networks connected to the service), or interfere in the use and enjoyment of the service by any user;
- take any action or use any means to simulate the Website's appearance or function for any purpose; or
- download any musical files made available to users, unless consent to such download should clearly appear on the Website itself.
5. Availability of the Website and its services
We shall continuously endeavour to improve and expand both the Website and its content, so that users may access same at all times, as indicated and in accordance with the availability and limitations thereof.
We have no obligations other than those contained herein.
Notwithstanding this, other special legal conditions may exist, in which case said conditions shall also be applicable.
The Record Label reserves the right to amend, delete or alter the Website or the content thereof at any time, be said content matter its own or that of third parties.
6. Third-party sites
The Website may contain links or hyperlinks to third-party websites. We can in no case be held liable for content matter or any action that may stem from access thereto.
In this regard, users acknowledge and accept that any Website hyperlink that leads to sites which are external and extraneous to the Record Label may contain computer threats, malware or viruses, or house unlawful content or other links which, in turn, may lead to websites with one or more of the above-mentioned characteristics. In such a case, the Record Label declines all liability for the content and services of third parties, and for any damage flowing from access thereto.
Furthermore, we neither inspect nor approve any type of function, content, advertising or any other content matter included in third-party sites.
7. Liability for users' actions
We shall in no case be liable for the way in which users may use the Website or in the event of their being in breach of any obligation or undertaking hereunder.
8. Exclusion of liability
The Record Label furnishes no guarantees with respect to the services that it offers, particularly vis-à-vis those that are free of charge to users.
The Website is placed at the disposal of Internet users for their use and enjoyment, and its services and functionalities are shown "as is" and "according to availability" at any given time.
In those cases countenanced by law, neither the Record Label nor its suppliers or distributors shall be liable for any loss of profit or consequential damages for any reason whatsoever.
The Record Label shall in no way be held liable for any monetary claims that third parties (particularly authors, editors and/or performing or mechanical rights management societies) may bring against users arising out of the use of the players offered, particularly, but not limited to, where this is a consequence of such players being inserted in their website, blog or the like, or being used for the purposes of public communication under the licence granted by the Record Label pursuant to Clause 9 hereof.
The Record Label neither monitors nor warrants the absence of viruses or other elements on the Website or third-party websites, which may cause alterations to users' computer systems (software and hardware) or to the electronic documents and files stored in such systems. Nevertheless, we work and strive diligently to protect the system and user content from intrusions or losses. In particular, we endeavour to implement the most widely applied Internet security standards to ensure that this goal will be achieved. In any event, users will appreciate that there may be situations which are beyond our control.
9. Intellectual and industrial property
Save where expressly provided otherwise, all intellectual property rights in Website content belong to the Record Label, the composers of the musical works or the performing artists interpreting same. All content, graphic design and codes are either the exclusive property of the Record Label or the Record Label holds the rights or necessary licences to publish or make same available on the Internet, so that the reproduction, distribution, public communication or transformation thereof, as well as any other foreseeable activity involving the content of its web pages, albeit citing the source or sources, are hereby prohibited, except with the Record Label's or the exclusive rightholder's written consent.
Notwithstanding the above, the Record Label grants users a non-exclusive, world-wide licence to broadcast the tracks via the player throughout the period during which the works are available on the Website, for the provision of background music in premises or establishments or for educational purposes, to the extent that there is no direct profit-making motive.
The Record Label does not permit the downloading of content: it solely makes same available to users for the purpose of listening online or streaming. In particular, the downloading of music from the Website and the reproduction thereof by any means or procedure other than those envisaged therein is expressly prohibited.
All trade names, trade marks or logotypes of any type contained in the web pages are the property of their lawful owners or rights holders, and are protected by law.
PlayClassics. Post Office Box 1010. 28222 Majadahonda. Madrid. Spain. Phone: +34-605-28-12-77
11. Data-protection and confidentiality
Any breach of the terms hereof by users may entail damage to the Record Label. Accordingly, should we suffer damages -losses or costs of any type (such as attorneys' and barristers' fees)- by reason of any breach by a user, said user shall be under an obligation to compensate us.
In like manner, should any type of claim or procedure be brought against us by reason of any breach by a user, the latter shall hold the Record Label harmless, with any expense, cost or damages flowing from such actions being claimable from said user.
13. Interpretation of Terms & Conditions
These Terms & Conditions of use and all the individual conditions thereof constitute a single agreement between the users and the Record Label, as the host of the Website.
Should any provision of the Terms & Conditions hereof be deemed illegal, invalid or non-performable by a ruling of the competent authority, said provision shall be amended so that it may be construed as performable and effective in a manner that comes as close as possible to the original purpose and meaning thereof.
Failure to demand strict compliance with any term hereof shall not and may not be construed as a waiver on our part of the right to demand strict compliance therewith in the future.
Should one or more of the clauses laid down herein be declared null and void by the competent authority, this shall in no way affect the validity of the remaining clauses.
The language applicable to these Terms & Conditions is Spanish. If versions of these Terms & Conditions of use have been furnished in other languages, this has been for the ease and convenience of users, and the latter expressly accept that they shall in all cases be governed by the Spanish version.
In the event of any contradiction between what is stated by the Spanish version of these Terms & Conditions of use and what is stated by the translation, the Spanish version shall in all cases prevail.
15. Governing law
Relations between the Record Label and users shall be subject to Spanish law and jurisdiction.