TERMS OF USE OF THE WEBSITE
1. LEGAL DISCLAIMER AND ACCEPTANCE THEREOF
The present disclaimer and legal information (hereinafter the "Legal Disclaimer") govern the use of the Internet service provided by the website "www.redkaraoke.es" (hereinafter the "Website"), which the company Planeta Red S.L. (hereinafter the "SERVICE PROVIDER"), a company recorded in the Company Register of Madrid, Volume 23.907, Book 0, Folio 126, Section 8, Page M-429232, Entry 1, with registered address at Calle Conde Vallellano 11, 3º B, E-28039 Madrid, Spain, and holder of tax No. B-85007607, makes available to Internet users.
Use of the Website implies accepting the status of user of the Website (hereinafter the "User") and involves full and unreserved acceptance of each and every one of the provisions included in this Legal Disclaimer according to the version published by the SERVICE PROVIDER as from the very moment the User accesses the Website.
In return for the use of the Website and in acceptance of these provisions, the User conveys on a free, exclusive, universal and indefinite basis until their expiry, all rights of use over the content uploaded to the Website, understanding this to be all information (including observations and suggestions), data, files, images, graphic and audio material, videos and software of whatsoever nature that is transmitted, disseminated, stored, displayed, loaded, written, obtained, sent or received via the Website.
Such conveyance shall cover all nature of uses and all forms of media known on the date of this Legal Disclaimer. For illustrative purposes, and not restricted to in any way, conveyance is made of the right to reproduce, distribute, publicly disclose, make available and process.
Likewise, in the event that the User posts audiovisual recordings on the Website that contain his or her image, it is understood that conveyance is made to the SERVICE PROVIDER of any rights over the same.
Consequently, the User is to read this Legal Disclaimer carefully each time he or she proposes to use the Website, as it may be subject to amendment.
2. PURPOSE
Through the Website, the SERVICE PROVIDER provides Users with access to and use of the online karaoke service (hereinafter the "Service").
3. TERMS OF ACCESS AND USE OF THE WEBSITE
3.1. Free access to and use of the Website
The Service is provided to Users free of charge.
3.2. User Registration
On a general basis, the provision of the Service requires the prior subscription or registration of Users. Said registration shall be effected in the manner specifically indicated on the actual Website.
In addition, you are hereby informed that, in accordance with Spain’s Organic Law 15/1999, of 13 December, on the Protection of Personal Data (LOPD), your data will be held in a file belonging to PLANETA RED, S.L. and shall be used for registration on the websites www.redkaraoke.es and www.redkaraoke.com, as well as for sending you commercial messages to keep you informed about any updates to the website.
Likewise, we should like to inform you that you have the right to access, correct and cancel your data, as well as being entitled to withdraw your consent to receiving commercial messages, being able to do so in writing to the following e-mail address: .
Your request is to include the following information: Name, surname(s), address, the right you wish to exercise and the nature of your request.
For more information, please visit the following page on our website: Privacy Policy and Personal Data Protection.
3.2.1. Truthful information
All the information a User provides through the Service is to be truthful. Accordingly, the User guarantees the authenticity of all the data provided for completing the forms required for subscription to the Service. Likewise, the User shall be responsible for keeping all the information submitted to the SERVICE PROVIDER permanently updated, whereby it reflects the User’s true situation at any given moment. Under all circumstances, the User shall be solely responsible for any false or inaccurate statements made and for any damages caused to the SERVICE PROVIDER or to third parties by the information provided.
3.2.2. Minors
In order to use the Service, minors (under the age of 18) are to seek the prior permission of their parents, guardians or legal custodians, who shall be considered responsible for all those actions undertaken by the minors under their charge.
Full responsibility for deciding upon the specific content to which the minors may have access lies with their legal guardians.
In the event that the minor uses the Website to post recordings containing their image, the SERVICE PROVIDER reserves the right to delete them unless the minor’s parents or guardian submit the corresponding signed consent to the SERVICE PROVIDER.
3.3. Obligation to make proper use of the Website and Service
The User undertakes to use the Website and Service in accordance with the Law, this Legal Disclaimer and any other notices, rules of use and instructions made known to them, as well as with propriety, generally accepted good conduct and public order.
Accordingly, the User shall refrain from using the Service for illegitimate ends or purposes, prohibited in this Legal Disclaimer, which may impinge upon the rights and interests of third parties or which may in any way damage, disable, overload, deteriorate or impede the normal use of the Service, the computer equipment or the documents, files and whatsoever content stored on any computer equipment (hacking) pertaining to the SERVICE PROVIDER, other Users or whatsoever Internet user (hardware and software).
In particular, and for purely illustrative purposes and in no way restricted to, the User undertakes not to relay, disseminate or make available to third parties any information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, whatsoever kind of material that:
(a) may in any way be contrary to, show disrespect for or infringe the basic rights and public liberties upheld by the Spanish Constitution, international treaties and in any other legislation;
(b) encourages, incites or promotes acts of a criminal, degrading, defamatory, violent nature or which, in general, break the law or are contrary to propriety, generally accepted good conduct or public order;
(c) encourages, incites or promotes acts, attitudes or thoughts that discriminate on the grounds of sex, race, religion, beliefs, age or condition;
(d) incorporates, makes available or provides access to products, elements, messages and/or services of a criminal, violent, offensive, harmful or degrading nature or which, in general, break the law or are contrary to propriety, generally accepted good conduct or public order;
(e) induces or may induce an unacceptable state of anxiety or fear;
(f) encourages or incites others to take part in practices that are dangerous, hazardous or harmful to their health and mental balance;
(g) is false, ambiguous, inaccurate, exaggerated or untimely, whereby it leads or may lead to error regarding either its purpose or the source’s intentions or purpose;
(h) is protected by whatsoever rights of intellectual or industrial property pertaining to third parties, when the User has not sought the necessary prior permission to undertake its actual or potential use from its owners;
(i) violates the business secrets of third parties;
(j) runs contrary to a person’s right to honour, personal and family privacy or their own personal image;
(k) in any way compromises the reputation of the SERVICE PROVIDER or of third parties;
(l) infringes regulations on the confidentiality of communications;
(m) constitutes, as appropriate, unacceptable, deceitful or untrue publicity and, in general, which constitutes unfair competition;
(n) contains a virus or other physical or electronic elements that can damage or impede the normal operations of the Internet, the system or computer equipment (hardware and software) of the SERVICE PROVIDER or of third parties or which may damage the electronic documents or files stored in said computer equipment;
(o) possesses characteristics (such as format, extension, etc.) that may compromise the normal provision of the Service;
(p) contains HTML tags other than those expressly authorised by the SERVICE PROVIDER.
3.4. Content provided by the Website
The User undertakes to use the content made available to Users on the Website in accordance with the Law, this Legal Disclaimer and any other notices, rules of use and instructions made known to them, as well as with propriety, generally accepted good conduct and public order, and, in particular, undertakes to refrain from the following:
(a) reproduce, copy, distribute, make available or in any other way publicly disclose, transform or modify the Content, unless he or she has the permission of the holder of the corresponding rights or it is legally permitted; (b) delete, manipulate or in any other way alter the copyright and other data identifying the reserved rights of the SERVICE PROVIDER or its owners, the digital fingerprints or whatsoever other technical means implemented for their recognition.
The User is to refrain from obtaining and even from attempting to obtain the Content by using for such purpose means or procedures other than those that, according to each case, have been placed at their disposal for this purpose or have been recommended accordingly on the web pages holding the Content or, in general, are commonly used on the Internet for this purpose provided they do not pose a risk of damaging or disabling the Website, the Services and/or the Content.
3.5. Content added to the Website by the User
The content of this Website may be provided by Users. Under no circumstances shall the SERVICE PROVIDER be liable for possible infringements of the rights of third parties due to Users. The data and images that Users include on the website shall be entirely their own responsibility, and they should consider the rights of third parties when they decide to include data, images or any other information on the website.
3.5.1. Conveyance of content
The User may use the Website to add content in the form of audio recordings (sound only), audiovisuals (sound and images) and/or observations and suggestions. When adding Content to the Website, the User conveys to the SERVICE PROVIDER the rights over their observations as well as over their interpretation and, as appropriate, over their image, with no time or territorial restrictions.
Specifically, through their display, loading, writing, supply or disclosure of the same on this Website, its Services and/or Sites, the User grants the SERVICE PROVIDER, permission to use them, including the unrestricted rights to copy, distribute, transmit, publicly display and reproduce, duplicate, modify, translate and change their format, and publish their name in connection with them.
All with the sole proviso and restriction of those uses or applications that may compromise the right to honour under the terms provided for in Spain’s Organic Law 1/1982, of 5 May, on the Civil Protection of the Right to Honour, Personal and Family Privacy and Personal Image.
When the User posts a video on the Website, he or she may flag it as public or private. The SERVICE PROVIDER shall clearly flag the videos posted and labelled as private. Nonetheless, the User may send the video to other Users at their own choice and under their own responsibility, with the SERVICE PROVIDER being released from any liability forthcoming from the use that such third-party users may make of the videos posted.
Images shall be included in a data file of a personal nature that shall be the responsibility of the SERVICE PROVIDER for the purpose of managing the recordings and shall comply with all the security measures laid down in Spain’s Data Protection Act (LOPD). For more information, please read the Privacy Policy.
The SERVICE PROVIDER is under no obligation to return or use any Content that the User may provide.
The SERVICE PROVIDER may delete any Content entirely at its own discretion.
When exhibiting, loading, writing, providing or submitting Content, the User declares and guarantees to be in possession of or otherwise control the rights over the same, or otherwise have permission to disclose them, releasing the SERVICE PROVIDER from any liability regarding whatsoever claim that might be lodged accordingly.
3.5.2. No payment
The SERVICE PROVIDER shall not provide any payment whatsoever for the use, copy, distribution, transmission, display and public reproduction, duplication, modification, translation and change of format of the Content.
3.6. Unacceptable content
In the event that the User or a third party deems there to be situations or circumstances that reveal the unacceptable nature of the use of any Content and/or of the undertaking of any activity on this Website, and, in particular, of the violation of intellectual or industrial property rights (patents, industrial models and drawings, trademarks and brand names, etc.) or other rights, they are to notify the SERVICE PROVIDER through the application provided on the Website for this purpose.
The User who has posted the unacceptable content shall be liable for the damages that may be incurred by the SERVICE PROVIDER as a result of their conduct.
3.7. Notification of infringements
As proof of the good faith shown by the SERVICE PROVIDER and in order to comply with current legislation, for each item of Content posted by the User, the SERVICE PROVIDER provides a tool whereby the holders of the rights infringed (i.e. author’s property rights) or those persons whose images are present in videos that have been published without their consent or any third party who deems there to be unacceptable content, for example for containing images that are illegal or in breach of the general terms of use of the website, may report the video.
Likewise, the presence of unacceptable content on the Website may be reported to the following e-mail address:
Any messages sent to the SERVICE PROVIDER are to identify the content deemed to be unacceptable and the infringement committed, as well as the person submitting the complaint and the necessary data for contacting them. They may also include a remark explaining the reason for the complaint.
If they deal with infringements of content protected by copyright, identification is to be made of the intellectual property rights being violated and to whom they correspond.
In the event that the User inserts content that has been reported three or more times, he or she will be banned as a User and may not therefore use the Website’s services, whilst remaining liable for any claim that may be lodged for their unacceptable conduct, with the SERVICE PROVIDER being released from liability regarding the consequences of such conduct.
4. NO LICENCE
All trademarks, business names or distinctive signs of whatsoever nature that appear on the Website are owned by the SERVICE PROVIDER or by third parties, and it shall not be understood that any use of or access to the Website and/or the Service confers upon the User any right whatsoever regarding said trademarks, business names and/or distinctive signs.
Likewise, the Content is the intellectual property of the SERVICE PROVIDER or of third parties. Furthermore, the SERVICE PROVIDER is the holder of two licences granted by the SGAE (similar to the PRS in the UK) for the Kingdom of Spain, under numbers SGAE RRDD/1/757/0307 and RRDD/2/757/0208, and by virtue of which:
"Reservation is made, under the terms provided for in legislation on intellectual property, of all the rights of owners of artistic works, interpretations or performances, phonograms, audiovisual recordings and radio broadcasts subject to this transmission. Unless with permission, it is prohibited, liable to the penalties provided for in applicable civil and criminal law, to reproduce, distribute (through sale, rent, loan, etc.), publicly present, broadcast or communicate in any way this transmission and its content."
5. EXEMPTION FROM GUARANTEES AND LIABILITY
5.1. Exclusion of guarantees and liability for the operation of the Website and of the Service
5.1.1. Availability and continuity, use and failure
The SERVICE PROVIDER does not guarantee the availability and continuity of the Website and of the Service. Whenever reasonably possible, the SERVICE PROVIDER shall provide advance notice of any interruptions in the availability of the Website and of the Service.
The SERVICE PROVIDER shall not accept liability for any damages or losses of whatsoever nature that may be caused by the lack of availability or continuity of the operation of the Website and of the Service, by the fraudulent use that Users may have been able to attribute to the Website and to the Service, by the reliability of the Website and of the Service, and in particular, albeit not exclusively, by failures in the access to the different pages on the Website or to those from where the Service is provided.
5.1.2. Privacy and security in the use of the Website and of the Service
The SERVICE PROVIDER does not guarantee the privacy and security of the use of the Website and of the Service and, in particular, it does not guarantee that unauthorised third parties may learn of the type, conditions, characteristics and circumstances of use that Users make of the Website and of the Service.
The SERVICE PROVIDER shall be exempt from any liability for the damages and losses of whatsoever nature that may be attributed to the knowledge that unauthorised third parties may have of the type, conditions, characteristics and circumstances of use that Users make of the Website and of the Service.
5.2. Exemption from guarantees and liability regarding Content
5.2.1. Quality
The SERVICE PROVIDER neither controls nor guarantees the absence of viruses or other elements in the Content that may alter its computer system (software and hardware) or form part of the electronic documents and files stored in its computer system.
The SERVICE PROVIDER shall not accept any liability for the damages and losses of whatsoever nature that may be caused by the presence of viruses or other elements in the Content that may alter the User’s computer system, electronic documents or files.
5.2.2. Legitimacy, reliability and use
The SERVICE PROVIDER does not guarantee the legitimacy, reliability and use of the Content.
The SERVICE PROVIDER rejects, to the full extent permitted by law, any liability for the damages and losses of whatsoever nature that may be due to the transmission, disclosure, storage, availability, reception and obtaining of the Content or access to it, and in particular, albeit not restricted to, for the damages and losses that may be due to:
(a) breach of the law, propriety, generally accepted good conduct and public order as a result of the transmission, disclosure, storage, availability, reception and obtaining of the Content or access to it;
(b) infringement of intellectual and industrial property rights, of business secrets, of contractual obligations of whatsoever nature, of the rights to honour, personal and family privacy and to one’s own image, of the rights of property and of whatsoever other nature befalling a third party as a result of the transmission, disclosure, storage, availability, reception and obtaining of the Content or access to it;
(c) performing acts of unfair competition and unlawful advertising as a result of the transmission, disclosure, storage, availability, reception and obtaining of the Content or access to it;
(d) lack of truthfulness, accuracy, thoroughness, pertinence and/or timeliness of the Content;
(e) unsuitability for whatsoever kind of purpose and failure to live up to the expectations generated by the Content;
(f) non-compliance, delay in compliance, faulted compliance with or termination of, for whatsoever reason, the obligations assumed by third parties or contracts entered into with third parties through or due to access to the Content;
(g) flaws and defects of any kind in the Content transmitted, disclosed, stored, made available or in any way broadcast or made available, received, obtained or accessed through the Website or the services.
5.2.3. Veracity, accuracy, thoroughness and timeliness
The SERVICE PROVIDER does not guarantee the veracity, accuracy, thoroughness and timeliness of the Content.
5.3. Exemption from guarantees and liability for the services provided by third parties through the Website
5.3.1. Quality
The SERVICE PROVIDER neither controls nor guarantees the absence of viruses or other elements in the services provided by third parties through the Website that may alter its computer system (software and hardware) or the electronic documents and files stored in its computer system. The SERVICE PROVIDER shall not accept any liability for the damages and losses of whatsoever nature that may be caused by the presence of viruses or other malware in the services provided by third parties through the Website that may alter the User’s computer system, electronic documents or files.
5.3.2. . Legitimacy, reliability and use
The SERVICE PROVIDER does not guarantee the legitimacy, reliability and use of the services provided by third parties through the Website.
The SERVICE PROVIDER shall not accept any liability for the damages and losses of whatsoever nature that may be caused by the services provided by third parties through the Website, and in particular, although not restricted to, those damages and losses that may be due to:
(a) breach of the law, propriety, generally accepted good conduct and public order as a result of the provision of services by third parties through the Website;
(b) infringement of intellectual and industrial property rights, of business secrets, of contractual obligations of whatsoever nature, of the rights to honour, personal and family privacy and to one’s own image, of the rights of property and of whatsoever other nature befalling a third party as a result of the provision of services by third parties through the Website;
(c) performing acts of unfair competition and unlawful advertising as a result of the provision of services by third parties through the Website;
(d) lack of truthfulness, accuracy, thoroughness, pertinence and/or timeliness of the content transmitted, disseminated, stored, received, obtained, made available or accessible by means of the provision of services by third parties through the Website;
(e) unsuitability for whatsoever kind of purpose and failure to live up to the expectations generated by the provision of services by third parties through the Website;
(f) non-compliance, delay in compliance, faulted compliance with or termination of, for whatsoever reason, the obligations assumed by third parties or contracts entered into with third parties through or due to of the provision of services by third parties through the Website;
(g) flaws and defects of any kind in the provision of services by third parties through the Website.
5.4. Exemption from guarantees and liability for the information, content and services accommodated elsewhere
The Website provides Users with technical forwarding devices (such as, amongst others, links, banners and buttons), directories and search engines that enable Users to access websites belonging to and/or managed by third parties (hereinafter, "Linked Sites"). The sole purpose of the installation of these links, directories and search engines is to help Users search for and access the information, content and services available on the Internet.
The results of search engines are provided directly by third parties and are the result of the automatic operation of technical mechanisms, whereby the SERVICE PROVIDER cannot and does not control these results and, in particular, the fact that such Internet sites may contain content that is unacceptable, immoral or contrary to good conduct or deemed inappropriate for other reasons. In the event that a User considers that any one of the sites included in the results of the search contains unacceptable activity or information and wishes to disable the link, he or she may initiate the procedure provided for in clause seven of this Legal Disclaimer.
The SERVICE PROVIDER does not provide or market either on its own accord or through a third party the information, content and services available on the Linked Sites, nor does it exert any prior control, approve, recommend, monitor or make them its own. The User should therefore show prudence in the assessment and use of the information, content and services existing on Linked Sites.
The SERVICE PROVIDER does not guarantee or accept any liability for the damages and losses of any kind that may be due to:
(a) the operation, availability, accessibility or continuity of the linked sites;
(b) the maintenance of the information, content and services existing on the linked sites;
(c) the provision or transmission of the information, content and services existing on the linked sites;
(d) the quality, legitimacy, reliability and use of the information contained and services existing on the linked sites, under the same terms and within the same scope provided for in general terms 5.2 and 5.3 regarding the content and services provided by third parties through the website.
5.5. Exemption from guarantees and liability for the use of the Website, Services and Content by Users
The SERVICE PROVIDER is under no obligation to control and does not control the use Users make of the Website, Services and Content. In particular, the SERVICE PROVIDER does not guarantee that Users use the Website, Services and Content in accordance with this Legal Disclaimer and, as appropriate, with the terms that are of application, nor that they do so with due diligence and prudence. Neither is the SERVICE PROVIDER under the obligation to verify and does not verify the identity of Users, nor the veracity, validity, thoroughness and/or authenticity of the data Users provide about themselves or other Users.
The SERVICE PROVIDER is exempt from any liability for the damages and losses of whatsoever nature that may be due to the use of the services and of the content by Users or which may be due to the lack of veracity, validity, thoroughness and/or authenticity of the information that Users provide to other Users about themselves and, in particular, albeit not restricted to, for the damages and losses of whatsoever nature that may be due to identity theft of a third party by a User in any kind of message sent through the website.
6. WITHDRAWAL AND INTERRUPTION OF SERVICES
The SERVICE PROVIDER may at any time and without the need for prior warning withdraw or interrupt the provision of the Service to those Users who are in breach of the provisions laid down in this Legal Disclaimer.
In particular, the SERVICE PROVIDER reserves the right to delete records, content, videos or other image files that do not comply with the rules laid down in the Terms of Use of the Website.
7. DURATION AND TERMINATION
The provision of the Website service and of all the other Services is initially for an indefinite duration. Nevertheless, the SERVICE PROVIDER is entitled to terminate or interrupt the provision of the Website service and/or of any one of the Services at any time. Whenever reasonably possible, the SERVICE PROVIDER shall provide prior notice of the termination or interruption of the provision of the Website service and of the other Services.
8. APPLICABLE LEGISLATION
The parties, with express waiver of any specific right befalling them, accept that the legislation governing this contract is Spanish law and for the ruling on any litigation that may arise from the same they shall submit to the Courts and Tribunals of the City of Madrid.
