The terms and conditions hereunder regulate the access and use of "REDKARAOKE" (hereon, the "Portal"), title of Planeta Red S.L. (from hereon, “PLANETA RED” the "SERVICE PROVIDER") company recorded in the Company Registry of Madrid, Volume 23.907, Book 0, Folio 126, Section 8, Page M-429232, Entry 1, with a registered address at C/Conde Vallellano 11, 3ºB, 28039 de Madrid, and holder of tax no. CIF B-85007607makes available to Internet users.
The present Conditions complete the general Conditions of use depicted in the Legal Notice of the Portal, in relation to the services offered by the Service Provider with a cost nature (hereon “Premium Service”). The acceptation of the present Conditions on the part of the User supposes the complete and unreserved acceptation of each and every one of the provisions included in this Legal Notice published by the SERVICE PROVIDER in the moment in which the Users accesses the Premium Service.
The Premium Service will be understood as the cost services offered by PLANETA RED consistent with an offer of services with a higher standard of quality than those offered for free.
The Premium Services offered by PLANETA RED are as follow:
• Sing and record with MP3 karaokes.
• Unlimited recordings storage.
• Maximum quality of audio and video for your recordings
• Use of the Advanced Recording System
• Use of Virtua Sing
• Configuration Assistant
• Sound Effects
• Express Uploading
• Your profile, your recordings and your videos, free of advertisement
• 5,000 private messages
• Private VIP forum access
• Distinctive VIP Badge
The price of this service taxes included will be clearly stated in the site when you are purchasing. With the contraction of this service you authorize the monthly charge of the stipulated price.
Alternatively there are trial periods that can be 24 hours or other non-renewable period. The contracted periods begin to compute from the moment of payment and finalize according to the period contracted, without the possibility of extended periods or intervals without computing.
The offers in the Portal will always apply. It is your responsibility to revise variations or modifications that said prices could suffer and that will always be published in the Portal.
2.ACCESS TO THE PREMIUM SERVICES
With the general character of subscription to the Premium Service exists the previous registry as a user. This registry is free and is regulated by the general conditions published in the Portal. The subscription to the Premium services is subject to the payment of tax established by each one of these services.
You cannot use the Premium Service and cannot accept the Condition if you are not of legal age or do not possess the mental capacity necessary to formalize a binding contract with the SERVICE PROVIDER in conformation with the laws of the country in which you reside.
Those not of age who are not emancipated should solicit and obtain permission of their parents, teachers or legal representatives before they can access the Portal, maintaining that the access and use of the Portal is prohibited to minors that do not have the pertinent authorization. THE SERVICE PROVIDER understands that from the moment in which the minor accesses the Portal, they do so with the permission of their parents, teachers or legal representatives.
It is understood that upon accessing the Premium Services and entering your invoice information the User accepts the present Conditions and is considered to from that moment have initiated a contractual relationship with PLANETA RED with respect to the Premium Services regulated in these Conditions.
PLANETA RED innovates constantly in order to offer the best experience possible to their Users. The Users recognizes and accepts that the manner and nature of the Service that is present can change occasionally without necessary notification.
As part of the aforementioned process of constant innovation, PLANETA RED can interrupt their Premium Service with the objective of making as reparations, corrections to the system, maintenance and/or considered opportune improvements. It can likewise modify or interrupt in a temporary or permanent manner the concrete Services offered by them without supposing any responsibility by PLANETA RED.
3.FORMS OF PAYMENT
The payment of the Premium Services will be made through VISA credit or debit card, Mastercard, Pay Pal and other forms of payment that PLANETA RED could use in the future.
From the moment in which you enter your card information (or other form of payment) in order to finalize the payment of the Services, you confirm the authorization of the realization of the same. Likewise, you guarantee that you are the owner of the card with which you finalize the purchase.
From the moment that you enter and validate the information of the credit card or any other form of payment, you cannot cancel the subscription and you account will be charged for the monthly account corresponding with the contracted Service.
In the case that the Service has been contracted for a trial period of 24 hours or other non-renewable period, you will be charged the total of the charge corresponding with the period of the service.
If you do not want to continue enrollment in this Service, you should unsubscribe yourself following the instructions that follow.
In the case that the Service has been contracted for a period of 24 hours or other non-renewable, resignation of the subscription will automatically occur at the expiration.
4. VALIDITY OF THE CONTRACT
The contract Conditions of the Premium Services have a validity of one calculated month from the day in which the User contracts for the first time said Services. The period will extend automatically for equal monthly periods.
In the moment of renewal you will be charged automatically through the credit card information (or other form of payment) provided at the time of enrollment in the Premium Service, the corresponding quantity to the Service contracted for the next month.
In contrary to the former, in the case of contracting non-renewable Service, the condition will apply during the period of the contract. The subscription of these Services will end once the contracted period has passed, without extending or renewing.
Therefore the Premium Service contracted will continue to be active until the Users solicits in an express manner to unsubscribe. Said resignation can be solicited by sending an electronic mail to the address with the word UNSUBSCRIBE in the subject line. The resignation will enter into validity the month following the notification of it to PLANETA RED, from which you will not be returned the quantity charged during the active month in which the User decided to unsubscribe.
PLANETA RED also can dissolve the contractual relationship as well as suspend or withdraw at any time and without necessary prior notice the provision of the Premium Service:
(I) With the supposition that the User has not complied with what has been established in the present contractual Conditions of the Premium Service, as well as the General Conditions, and the Particular Conditions of use of the Portal.
In particular the SERVICE PROVIDER reserves the right to eliminate registries, content, videos or other graphic file that do not comply with the norms established in the General Conditions of Use of the Portal.
(II) THE SERVICE PROVIDER is required to such an end by the applicable legislation (for example, if the provision of the Services is or becomes illegal).
(III) THE SERVICE PROVIDER anticipates the allowance of offering the Services in the country where the User resides or uses the service.
(IV) The offer of the Services on the part of the SERVICE PROVIDER stops being commercially viable at its exclusive judgment.
At the resolution of the present Conditions, all of the legal rights, obligations and responsibilities of which the User and of the SERVICE PROVIDER have benefited, those which they have been subject to (or have yielded to during the time of the active Conditions) or those that have been expressly formed to substitute indefinitely, will remain unaltered by said resolution.
5.INDUSTRIAL AND INTELLECTUAL PROPERTY
All of the labels, commercial name or distinctive symbols of any class which appear in the Portal are property of the SERVICE PROVIDER or third parties, without the understanding that the use or access to the Portal or the Service attributes to the User any right over the aforementioned labels, commercial names and/or distinctive symbols.
The User promises to use the content available to the Users in the Portal in conformation with the law, the present Conditions as well as any other legal notices, regulations of use and instructions available for their knowledge, along with the moral and good customs generally accepted and the public order, and, in particular, they promise to abstain from:
(a) reproducing, copying, distributing, making available or any other form of communicating, publishing, transforming or modifying the Content, unless they have the authorization of the owner of the corresponding rights or those that legally are permitted;
(b) to conceal, manipulate or in any form alter the “copyright” and other identifying information of the reserved rights of the SERVICE PROVIDER or of its titles, of the digital watermarks or of any other technical mediums established to their knowledge.
6. USE OF THE CONTENT OBTAINED DURING VALIDITY
All of the content that has been obtained during the validity of the subscription of the User can be enjoyed after the validity of the subscription in a personal manner, without being exploited on a mass scale by the User.
The Users of the Premium Service is not an owner nor holder of the rights over the work to which they have accessed in virtue of said service and therefore cannot transmit them or license them with any third party.
7. MODIFICATION OF THE CONDITIONS
PLANETA RED can modify the present Condition at any time. The modifications will be published in the Portal and therefore the User should revise them periodically. In the case that the Conditions have been modified and the User accesses for use and enjoys the Premium Services after any such modification, is acceptation of the effective and public modifications is implied.
The responsibility clauses published in the Legal Notice of the Portal will govern, however next it is indicated in general and complementary terms the responsibility of the User and of the Service Provider in the provision of the Premium Services.
8.1. RESPONSIBILITY OF THE USER
PLANETA RED will not be responsible for the losses or damages that can be derived by the wrong use of the content or the service provided by PLANETA RED.
In this manner the User will be obligated to not use the system or the Services of PLANETA RED unjustly and to observe the laws and respect the rights of the third parties, including those rights over labels, patents, copyright and any other rights of intellectual or industrial property.
Likewise, the Users recognizes and accepts expressly that the use of these Services is not permitted for commercial purposes and any other improper purposes of those described in these Conditions.
8.2. RESPONSIBILITY OF PLANETA RED
PLANETA RED does not guarantee the quality, accuracy, reliability, correctness or morality of the information, programs, information or opinions, any of which they may be the cause, that circulate through their network or for the networks to which the User can access through PLANETA RED.
The User assumes under their exclusive responsibility the consequences, damages or actions that can be derived from access to said content as well as its reproduction or diffusion.
PLANETA RED will not be responsible for the technical readiness nor for the content of the third party sites to which the User accesses through a link included on the Web site.
PLANETA RED will not be responsible in those cases in which the products or services solicited by the User are not integrated or provided correctly when due to causes not attributed to PLANETA RED, noting to an enunciative but unlimited degree, those cases in which the User does not solicit correctly the product or service (for example, missing information for registration) or those cases in which the service cannot be enjoyed due to problems of operation connectivity.
THE RESPONSIBILITY OF PLANETA RED WILL BE LIMITED IN PRINCIPAL TO THE VALUE OF THE QUALITY SATISFIED BY THE USER FOR THE SERVICES THAT ARE OFFERED ACCORDING TO THES GENERAL CONDITIONS.
PLANETA RED cannot be considered responsible for facts, acts or damages, direct or indirect, that can be derived from the User or third parties as a consequence of the use of the Content of PLANETA RED.
• Exclusion of guarantees and of responsibility for the operation of the Portal an of the Premium Service.
(a) Availability, continuity, utilization and reliability of the Premium Service
PLANETA RED cannot guarantee the inexistence of interruption in the system or that the system will always operate adequately. In spite of the fact that PLANETA RED makes every effort for the recording system to be compatible with every computer as well as accessible to all users, PLANETA RED cannot guarantee that the recording system operates in all computers.
PLANETA RED does not guarantee the availability and continuity of operation of the Portal and of the Premium Service. When it is reasonably possible, PLANETA RED will give previous notice of any interruptions in the operation of the Portal and of the Premium Service.
PLANETA RED excludes any responsibility for the damages and harm of any nature that can be due to lack of availability or continuity of the operation of the Portal and of the Premium Service, to the evasion of the utility that the Users could have attributed to the portal and to the service, to the reliability of the portal and the service, and in particular, although in no exclusive manner, to the failures of access to the distinct web pages of the portal or those to which the service provides.
(b) Privacy and security in the utilization of the Portal and of the Premium Service
PLANETA RED does not guarantee the privacy and security in the utilization of the Portal and of the Premium Service and, in particular, does not guarantee that non authorized third parties will not be able to gain any knowledge of the class, condition, characteristics and circumstances of the use the Users make of the Portal and of the Premium Service.
PLANETA RED excludes any responsibility for the damages and harm of any nature that can be due to the knowledge which can be gained by non authorized third parties of the class, conditions, characteristics and circumstances of the use the Users make of the portal and of the Premium Service.
• Exclusion of guarantees and of responsibilities for the content of the Premium Service (hereon, the Content)
PLANETA RED does not control nor guarantee the absence of viruses nor of any other element in the Content that can produce alteration in their information system (software and hardware) or in the electronic documents and stored files in their information system.
PLANETA RED excludes and responsibility for the damages and harm of any nature that can be due to the presence of viruses or the presence of other elements in the content that can produce alterations in the information system, electronic documents or User files.
(b) Permissibility, reliability and utility.
PLANETA RED does not guarantee the permissibility, reliability and utility of the the Content and excludes, with any extension permitted by the judicial order, any responsibility for the damages and harm of any nature that could be due to the transmission, diffusion, storing, availability, reception, attainment or access of the content, and in particular, although in no exclusive manner, for the damages and harm that could be due to:
(I) incompliance with the law, the moral and good customs generally accepted or the public order as a consequence of the transmission, diffusion, storing, availability, reception, access or attainment of the content;
(II) infraction of the rights of intellectual and industrial property, of the enterprise secrets, compromise of the contract in any way, of the rights of honor, to the personal and familiar intimacy and the image of the persons, to the rights of the property and of any other nature pertinent to the third parties as a consequence of the transmission, diffusion, storing, availability, reception, attainment or access of the content;
(III) realization of acts of competent disloyalty and illicit publicity as consequence of the transmission, diffusion, storage, availability, reception, attainment or access to the content;
(IV) lack of truthfulness, accuracy, exhaustiveness, pertinence and/or relevance of the content;
(V) the inadequateness of any type on purpose and the evasion of the expectations generated by the content;
(VI) incompliance, delay in the fulfillment, defective fulfillment or termination for any cause of the obligations contracted by third parties an contracts made with third parties through or because of the access to the content;
(VII) faults and defects of any type in the content transmitted, diffused, stored, made available or of other forms of transmission or made available, received, attained or to those which have been accessed through the portal of the services.
(c) Truthfulness, accuracy, exhaustiveness, and relevance.
PLANETA RED does not guarantee the truthfulness, accuracy, exhaustiveness, and relevance of the Content.
• Exclusion of guarantees for the use of the Portal, of the Premium Services and of the Content by the Users.
PLANETA RED does not have any obligation to control and not to control the use that the Users make of the Portal, of the Premium Service and of the Content. In particular, it is not guaranteed that the Users use the Portal, the Premium Services and the Content in confirmation with the present Condition and, in its case, with the conditions that result from the application, nor that the do so in a diligent and prudent form. Nor does it have the obligation to verify or not verify the identity of the Users, nor the truthfulness, validity, exhaustiveness or authenticity of the information which the Users provide about themselves or other Users.
PLANETA RED excludes any responsibility for the damage or harm of any nature that could be due to the use of the contracted Premium Services and of the content on the part of the Users or that which could be do to a lack of truthfulness, validity, exhaustiveness or authenticity of the information that the Users provide to other Users about themselves and, in particular, although in no exclusive form, for the harm and damages of any nature that could be due to the impersonation of the personality of a third party carried out by a User in any type of communication realized through the portal.
The content of this Portal, which can be created by the Users. PLANETA RED will not respond in any case of possible infractions on the rights of third parties due to the Users. The information and images that the Users include in the portal will be their complete responsibility, obligating them to bear in mind the right of the third parties when they decide to include information, images or any other information in the portal.
In the case that the User or a third party considers that there exists facts or circumstances which reveal the illicit character of the use of any Content and/or the realization of any activity in the Portal, and, in particular, of the violation of rights of intellectual or industrial property (patents, industrial models and drawings, labels and commercial names, etc.) or other rights, they should send a notification to PLANETA RED through the exiting application in the Portal to such effect.
The User that has inserted illicit content will respond to any damages that PLANETA RED may suffer as a consequence of their actions.
9.PROTECTION OF PERSONAL DATA
The personal data provided by the Users will be incorporated into a data base automatically property and responsibility of PLANETA RED, S.L. with a registered address at C/Conde Vallellano 11, 3ºB, 28039 de Madrid and holder of tax no. CIF B-85007607, who will be the owner of the file and responsible for its treatment.
Said data base is registered to the general registry of Protection of Data of the Spanish Agency for Protection of Data.
The treatment of the personal data mentioned in the present notice affects all of that personal data which may be afforded by the User to PLANETA RED in the moment of registration in the web portal as well as all of that data which may be provided by their access to any of the services of other pages or services of said society.
PLANETA RED remains committed to the fulfillment of its obligation to the secrecy of the information of person nature and of its duty to treat them confidentially, and assumes, to that effect, the measures of a technical type, organizing and of security necessary to avoid their alteration, loss, unauthorized treatment or access, in accordance with that which is established in the Ley orgánica 15/1999 of the 13th of December, of Protection of Data of Personal Nature, and any other applicable legislature.
PLANETA RED assures the absolute confidentiality and privacy of the personal information collected. However, they cannot guarantee completely the absolute invulnerability of their security system since no security measure that is installed can be currently inviolable, therefore PLANETA RED will not be responsible in any case of incidence that could arise revolving arround the personal data when it is due to an attack or unauthorized access of our system of such a manner that it would be impossible to detect by our system of security.
The collection and treatment of personal data has the following aim:
• Provision of the services solicited by the User;
• Management of possible incidents;
• Verification of the quality of the offered services;
• Realization of contests with prizes;
• Sending of general information about the development and operation of the service or solicited or contracted product by the User. In the case of promotions or contest (winner of a prize, management and delivery of the existing prized and/or any other information related to the same).
• Compliance with the calculated dues and applicable fiscals.
• Elaboration of the market studies and statistics, marketing and preferences about the offered services.
• Unless indicated otherwise, the sending of commercial communications in conformance with that which has been established in the article 21.2 of the Law 34/2002, of the 11th of July, by Services of the Society of Information and Electronic Commerce, without with out implying the transfer of the personal data to third parties.
The delivery of determined information (electronic mailing address, user name and password, credit card number), required for the registration as a User of the PLANETA RED services is obligatory, allowing PLANETA RED to deny the registration or provision of service to those interested who do not provide any of this information.
THE USER can access their information at any time and exercise their rights established by law and that enumerate the following:
Those interested have the possibility to revoke their fulfillment or oppose the transfer of their information, as well as the right of access, rectification and cancellation of the same, allowing the exercise of any of these action by writing through physical or electronic mail to the following address:
If a competent court determines that any of the provisions of the present Condition are invalid, said provision will be eliminated by the Conditions without affecting the rest. The rest of the provisions of the Conditions will remain viable in all of their terms.
11.LANGUAGE OF THE CONDITIONS
The original language of the present Conditions is Castellano.
If there exists any contradiction between the provisions of the original version of the Conditions and the provisions of the translation, those which are stipulated in the Castellano version of the Conditions will have prevalence.
12. APPLICABLE LEGISLATION
The present general Conditions are governed by the Spanish legislation and any conflict that could arise due to the provision of service by PLANETA RED or the interpretation or application of the present Condition, on both parts, PLANETA RED and the User, with express resignation to the code of laws, will submit to the Juries and Courts of Madrid.
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