General terms and conditions
Termini e condizioni generali
This website is owned and operated by Newton & Associati 1997 SL, with registered office in Calle Tuset 10, 5, 2, 1, 08006, Barcelona (Spain). These set out the terms and conditions under which you may use our website and the services offered. This site offers visitors a digital radio and radio internet service in custom stores, with web streaming broadcast of the radio signal. By accessing or using the Website for our service, you agree that you have read, understood and agreed to be fully bound by these General Terms and Conditions of Business.
General Terms and Conditions of Contract must always be understood, in case of future contract of services by the customer, general terms and conditions, by concluding them by means of an ad hoc service contract which takes into account the interests and needs of the customer.
Please read these terms and conditions carefully before accessing the services of Newton & Associati 1997 s.l. via computer or its mobile application (App).
The user declares to have verified the compliance of the service offered to his needs and to have received from Newton & Associati 1997 sl, at the time of registration on the site MUSICYOURBRAND, all the information and explanations necessary for him to sign this contract in full knowledge of the facts.
- By subscribing to the newsletter of the site or giving the express consent to the processing of personal data for certain commercial purposes, the customer agrees to receive from time to time messages and promotional materials, by post, e-mail or any other contact form on which you have given your express consent (including your telephone number for calls or text messages). If you do not wish to receive such promotional materials or notices, please let us know at any time.The offers are addressed to private and commercial entities. Therefore, minors, will need the approval of a guardian or duly accredited legal representative. In order to use our website and / or receive our services, you must be at least 18 years old, or have reached the age of majority defined in the state of your jurisdiction, and possess legal authority, the right and freedom to enter into a binding agreement with these Terms. You may not use this website and / or receive the services provided if this is prohibited in your country or under any law or regulation applicable to you and your case.
- If an account created for the user is used in violation of the contractual terms or conditions of use or local, national and international regulations, Newton & Associates 1997 reserves the right to suspend the service without notice.Newton & associates 1997 sl may, without notice, modify the services; stop providing the services or the functionalities thereof; or create limits for the services and functionalities thereof. Newton & associati 1997 sl may interrupt or suspend access to the services of this web permanently or temporarily without notice and liability for any reason or without due cause.
- Newton & Associates 1997 may interrupt or temporarily or permanently suspend access to the service without notice and liability for any reason, including if, by its exclusive decision, Customer conduct violates any provision of these Terms & Conditions or any applicable law or regulation. You may be asked to stop using the service/site and you may also be asked to cancel your account and/or services at any time. Notwithstanding the foregoing, in relation to automatically renewed subscriptions and paid services, such subscriptions will be suspended only upon the expiry of the respective specific contract and the period of validity thereof, except for special circumstances or causes better regulated in the following document and in the specific service contract.Any inability to enforce the Terms & Conditions of Service, for whatever reason, shall not be construed as a waiver of our right to do so at any time. The services proposed and their applications implemented, can not be used for illegal purposes, or in support of illegal activities. Also in this case Newton & Associati 1997 reserves the right to suspend the service without any notice, reporting the event, if criminal or criminal, to the competent authorities.
- Newton & Associati 1997 reserves the right to cooperate with the judicial authorities and/or third parties harmed, in the investigation of any criminal or civil offense regarding the illicit use of its services or its web page, providing immediately and without exception the material requested from the A.G. or any other legitimate authority, upon request.
- To the extent permitted by applicable law, Newton & Associati 1997 sl assumes no liability for (i) errors, errors or inaccuracies in the contents; (ii) personal injury or damage to property, of any nature, arising from access to or use of our service; and (iii) any unauthorized access to or use of the secure and certified servers used and / or any personal information stored therein.
- To the maximum extent permitted by applicable law, Newton & Associati 1997 sl shall in no event be held liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses arising from or relating to the use or inability to use the service.
- The Service and all materials contained therein or transferred, including, but not limited to, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, video, music and all related Intellectual Property Rights, are the exclusive property of Newton & Associates 1997 sl. Except as expressly stated herein, nothing in these Terms shall be deemed to be a license in or under such Intellectual Property Rights and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly execute, publish, adapt, modify or create derivative works. If not authorized by the owner it is strictly forbidden to copy, download, although partial of such elements.
Newton & Associati 1997 SL (later also Music Your Brand), with registered office in Barcelona (España), Calle Tuset 10, 5- (1 -08006), VAT ES-B66809971,
any natural or legal person, consumer or trader, of private or public law that wishes to use the web page covered by these terms and conditions and receive the services provided by the company Newton & Associati1997 sl and that makes the registration on the website Musiyourbrand that will be later named “I am the user”.
Art. 1) Validity conditions
The foregoing terms and conditions are an integral part of these terms and conditions and should therefore be considered as fully valid and effective.
Art. 2) Activities
The activity offered by Newton & Associati 1997 sl, consists in the provision of the Webcasting service for a fee, through the web/internet broadcasting of a digital radio service with personalized services, this service is designed to be used by the user in “web” mode according to the rates chosen by the same when signing the service contract.
Art. 3) Processing, obtaining, distribution of the service
The service is considered elaborated, obtained, distributed and/or acquired in Spanish territory, and therefore subject to the rates and fees drawn up by the SGAE (Spain) based in Madrid (Spain). SGAE is a copyright management entity, authorised by “Orden del Ministerio de Cultura de 1 de Junio de 1988, and adapts and complies with the provisions contained in Title IV, Book III of the appropriate Text of the Law of Intellectual Property (R.D.L.1/1996), of 12 April, and its Statutes of Constitution.
Art. 4) Licences
Under these Terms, a non-exclusive and non-transferable limited license is granted to use the Services with absolute exclusion for resale or further distribution. The right to use the Services is limited by all the terms and conditions set forth herein and by the service contract you have signed.
Newton & Associati 1997, SL with registered office at C/ de Tuset 8 10, 5 1, 08006, Barcelona, will not be held liable for any unlawful use or use contrary to the applicable law on the service provided. The customer is in any case obliged to pay directly to the local authorities the public broadcasting licences which in each country are established in compliance with the regulations approved and applicable to this effect, Newton & Associati 1997 sl does not provide any form of legal cover to individuals or companies that use the services offered for the distribution of content with any copyright protection, is not liable in any way for the rights relating to licensed contracts with collecting societies.
Art. 5) Register
Newton & Associati 1997 SL based in Barcelona (Spain), C/ de Tuset 10, 5 1, is in charge of carrying out the web casting service, defined as exclusively sound transmission from digital networks such as the Internet, of works of the SGAE Repertoire and Royalty Free incorporated in radio programs, with the means, the methods and the fees reported in the site musicyourbrand.com and the general conditions here indicated. The consideration is net of the V.A. and any bank charges for collection. In addition to the/the fee/i established/i, the USER will bear any tax burden inherent in this contract.
Art. 6) Fees and charges
Newton & Associati 1997 reserves the right to update the tariffs in force for the different services proposed each month of January according to the appropriate IPC tables and any adjustments to the copyright and use of the country where the service comes from dispensed.
A monthly fee confirmed in the PRICES section of the site, invoiced monthly and paid by the client monthly and at the same time as the subscription of the service, is agreed and stipulated according to the service contract, using the first month of free trial.
This monthly fee shall comprise:
a) turnkey management of the dedicated Radio Web project;
b) broadcast via web;
c) loading of music tracks and constant updates of the music library;
d) study of musical playlists;
e) airing of any columns provided for the type of Web Radio chosen by the USER.
d) Upload commercials and jingles produced by the customer.
The USER is explicitly informed of the fact that all rights deriving from SGAE or anyone else for web casting, in-store distribution, are explicitly excluded (unless expressly indicated) from the monthly fee, to the public or any other current or future licence, indemnifying Newton & Associati 1997 from any burden and/or liability arising from non-payment of such licences.
Art. 7) Payments
Only payments made in the manner indicated and accepted at the time of registration and in any case directly to Newton & Associati 1997 sl will be released for the USER.
The payment of invoices must be made within the terms and conditions provided for under these conditions or by contract, under penalty of interruption of the service and suspension/ termination of the contract.
Moreover, after 15 days from the expiry of the deadline for payment, Newton & Associati will be entitled to suspend the service permanently, without prejudice to the obligation for the USER to pay the fee. If the payment delay lasts for more than 15 days, Newton & Associati 1997 will have the right to declare the termination of the contract.
Art. 8) Mandate (for SEPA payments only)
By signing the SEPA mandate, the USER authorizes Newton & Associati 1997 SL to send instructions to its bank to debit its account and the bank to execute the debit in accordance with the provisions issued by Newton & Associati 1997 SL. The undersigned debtor has the right to obtain repayment from his bank as provided in the contract with his bank. Any refund requests must be submitted no later than 8 weeks from the date of debiting to the account.
The rights of the debtor are indicated in the documentation available from his bank.
Art. 9) Express cancellation clause
Newton & Associati 1997 shall have the right to determine the termination of these General Terms and Conditions of Business, in the event of the Customer’s failure to fulfil its obligations under the Terms and Conditions of Payment, the improper and/or unlawful use of the Licence of use and of any other obligation assumed with the signing of the contract.
Art. 10) Activities after termination of service
In any case of expiry, termination or termination of these General Terms and Conditions of Contract, the Customer shall immediately cease using the Service, access to which by the Customer will in any case be deactivated, without the need for communication in this regard.
the user is obliged to immediately pay the fees still due.
Art. 11) Consumer protection
Only if the USER is a natural person and acts for purposes other than his own professional activity and can consequently be qualified as a consumer in accordance with the provisions of Directive 2011/83/EU of the European Parliament and of the Council, of 25 October 2011 , on consumer rights, it is specified that the same will have the right of withdrawal within 14 days of registration on the site, excluding the case in which it has started to download the contents offered by Newton & Associati 1997 sl and according to the subscription procedure. The signing of the contract by Newton & Associati 1997 sl may take place in an express or tacit manner and in any case the start of the service requested is subject to the inclusion of the payment method in the appropriate box of this site. No damage or indemnity for any reason may be claimed by the USER as a result of non-acceptance by Newton & Associati 1997 sl.
In case of withdrawal the Client can also use this Model withdrawal form:
- To the attention of NEWTON & ASSOCIATI 1997, S.L.
I hereby inform you that I cancel my subscription to the following service*******
Order of the day *****
Name and Surname of the CLIENT***
Full address of the CLIENT***
Art. 12) Absence of guarantees. Indemnification for damages
Newton & Associati 1997, in carrying out its mandate, does not respond to problems related to internet and/or intranet networks, audio, browsers, software, etc (and related accessories) which remain the exclusive competence and responsibility of the USER, which is committed to the proper functioning of the radio to ensure sufficient internet bandwidth, regularly functioning equipment, up-to-date software and a sound system suitable for the purpose.
Newton & Associati 1997 provides the Service to the user in accordance with and limited to what is governed by these General Terms and Conditions of Business excluding any warranty that is not expressly provided here, does not guarantee in any way that the use of the Service by the user is uninterrupted, safe or error-free and that the Service is suitable for the specific needs and purposes of the user. In addition, it does not guarantee that undue access, upload, download, manipulation or copying of the content stored by the user in his personal storage space by third parties may not occur.
Since the Service will be used in full and total autonomy the user expressly assumes all responsibility for the use of the Service and will be responsible for any damage caused to Newton & Associates 1997 sl or third parties through the use of the Service. Accordingly, the user undertakes to indemnify and indemnify Newton & Associati 1997 from any liability, injurious consequence, loss, damage, claim, cost or expense that arises and/or is in any case consequential or inherent to the use of the Service and that must be advanced by third parties against Newton & Associati 1997 sl for any title, reason or cause.
For technical reasons as well as for reasons of force majeure or by order of the Authorities, SGAE, AGEDI, etc. , Newton & Associati 1997 will be able to suspend the service at any time. In all cases, Newton & Associati 1997 is not liable for any damage caused.
Art. 13) Exemption from enforcement
Newton & Associati 1997 is hereby exempted from the performance of the service where, for whatever reason, it ceased to be the holder of the necessary authorizations and the USER renounces, now for then, any claim for compensation or damage attributable thereto. Upon the occurrence of the above condition, the contract must be considered automatically terminated, without prejudice to the USER’s obligation to pay for the services already performed
Art. 14) Assignment of the contract
The rights deriving from the completion of the Contract may not be assigned by the USER to third parties. The rights and obligations established in this contract are not transferable, neither by succession or death, nor free of charge, nor against payment.
Art. 15) Cessation of activity
In the event of termination of activity in any capacity, the USER is entitled to withdraw from the contract, by email to firstname.lastname@example.org. The USER can however withdraw at any time from the Contract, by clicking on the digital button of his web page called “termination” and remaining the service valid until payment has already been made.
Art. 16) Duration of the contract
The assignment to perform web casting services is intended to be always conferred for the time established during the activation voluntarily by the USER. Upon expiry, the Agreement shall in any case be deemed tacitly renewed for the same period of time and so on unless notice is given of termination.
Art. 17) Cancellation of account – termination of contractual relationship – cancellation of data
The USER can request at any time, but without being entitled to reimbursement of the paid subscription, or other types of reimbursement and/or indemnity, the cancellation of your account by sending an express written request and signed by hand to the e-mail address email@example.com; this will result in the termination of any contractual relationship between the USER and Newton & Associati 1997 sl and in any case the termination and termination of any obligation of Newton & Associati 1997 sl towards the USER, with the consequent immediate deactivation of the services; Of course, the obligation of the USER to pay any compensation that may still be due to Newton & Associati 1997 sl will remain unaffected, which will naturally have the right to definitively withhold any sum received from the USER. Newton & Associati 1997 sl, after 90 days from the closure of the account by the USER, can delete all data and documents entered by the same USER in the spaces and archives used by him on the site or for the service during the relationship; Newton & Associati 1997 shall, where appropriate, retain only those data which it has the obligation to keep for compliance with the rules and/or orders of the competent Authorities or which has the legitimate interest to keep, if permitted by law, for the satisfaction of its rights, even from trial to trial. The USER is the sole and exclusive responsible for any loss of data and documents also towards third parties. In the event that the USER, despite having an account still active, does not log in to that same account for more than 12 consecutive months after the expiration of one of the paid subscriptions and/or for more than twelve consecutive months in free subscriptions, Newton & Associati 1997 will have the automatic cancellation of the account, with all related consequences provided herein; in the event of cancellation of the account, then all the rules contained in this article will apply.
Art. 18) Commencement of service
The USER explicitly confirms that Newton & Associati 1997 will implement the services covered by the Proposal in the following ways:
a) the start of the service coincides with the online launch of the Web Radio when the subscription is finalized by entering the valid payment method;
b) the editorial contents will be agreed from time to time between the USER and Newton & Associati 1997 sl that, in compliance with the regulations in force in terms of publishing and copywriting, will transmit them on the Radio Web; c) it is the USER’s right to request Newton & Associati 1997 sl to modify, add or delete commercial/popular or musical content, communicating it to Newton & Associati 1997 sl that, as provider of the service will provide within the next 2 working days to manage the change.
Art. 19) Ownership and Trademarks
Newton&associati 1997 sl is the sole owner of the Service and has all rights, patents and intellectual property rights relating to the Service, as well as all rights for the use of third-party features that may form part of the Service.
The subscription of the Service allows the user to have access to the features of the Service in order to use the Service itself.
As a result of this license of use, the Customer does not acquire any rights relating to the Service, Tools and IT Infrastructure, but only the right to use the Service according to the provisions contained herein.
Unless otherwise stated, all content (logos, brand names, images, designs, photographs, clips, text content or any other content) is registered (or unregistered) intellectual property of Newton & Associati 1997 sl, no content proposed on the site or in the control panels is to be considered as granting the right to use them even if partially. All audio, video, web and broadcast materials, music libraries as well as low frequency materials and all audio/video equipment, hardware and software used are the exclusive property of Newton & Associati 1997 sl, As well as the brands, Music Your Brand and Audioroadie are registered and exclusive property of Newton & Associati 1997 S.L. The audio files created ad hoc can be used by the USER only until the expiry of the contract. To these effects, the USER declares to recognize that the ownership of all files or creations made corresponds to Newton & Associati 1997 sl, it being understood that it reserves the right to assign and/or transmit such creation or files, faculty in any way unilateral.
Art. 20) Liability
Newton & Associati 1997 sl, in carrying out the service, having to comply with the instructions provided by the USER, cannot be held responsible for the performance and results of the same service, as well as the veracity of the content provided and transmitted. Newton & Associati 1997 will execute the terms of commercial and institutional disclosure communicated by the USER, therefore remaining free from any liability of any nature and gender that arise.
Art. 21) Data protection and Regulation (EU) 2016/679 of 27 April 2016 (GDPR)
In order to be able to perform the contractual relationship established in this contract, the parties undertake to process the information to which they have access due to this contract with complete confidentiality. The confidentiality provisions contained in these clauses shall continue to apply when the contractual relationship has ended or has been terminated. The parties state that the data and information provided in this document will be processed in accordance with the provisions of the current data protection legislation and Regulation (EU) 2016/679 of 27 April 2016 (GDPR)with the sole purpose of performing the contract. Such data will be kept as long as there is a contractual relationship between the parties, and to respect the retention periods legally established. When the data is no longer needed, they will be deleted using appropriate security measures to ensure the total destruction of the data. There are no plans to communicate data to third parties, unless there is a legal obligation to do so, or to such providers associated with parties acting as data processors. Contract holders will be informed in advance of any other transfer of data. At any time the parties may exercise their rights of access, rectification, cancellation and portability of their data and rights to limit and oppose them during processing, by writing to the address that appears at the beginning of this contract. However, withdrawal of consent will result in termination of the contract, as the data are essential for its execution. If the parties consider that the processing of personal data is not in accordance with current legislation, they may lodge a complaint with the Supervisory Authority on www.aepd.es
Art. 22) Forum
This contract is governed by the law of the Member State in which the contract is performed pursuant to Community Regulation (EC) No. 593/2008 and for all that is not expressly governed by it, this will be the law directly applicable. Similarly, the parties declare in accordance with Regulation (EC) No 44/2001 to submit to the jurisdiction of the court of the Member State where the contract is executed for all matters which may arise in connection with this contract and its execution. The waiving any other jurisdiction that could assist them; where this contract is concluded with a consumer in accordance with Regulation (EC) No. 44/2001, disputes will be devolved to the jurisdiction of the Court of the place where the consumer is domiciled.
Newton & Associati 1997 s.l.,, in accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the CLIENT and THE PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, being able to finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
These conditions will be governed or interpreted in accordance with Spanish legislation in what is not expressly established. The PROVIDER and the CLIENT agree to submit to the courts and tribunals in Spain any controversy that may arise from the provision of the Services subject to these Conditions
Art. 23) Final provisions
Art.24) Right to change the terms
Newton & Associati 1997, reserves the right to amend these terms from time to time at its sole discretion and unilaterally. Therefore, it is recommended that the user periodically review these pages, giving other form to the changes for accepted implicitly. Your continued use and acceptance of the website or our service after such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to future terms or versions of the Terms, you may not continue to access the website or service.
Art.25) Express approval of cancellation clauses
By continuing to browse and access the website covered by these Terms and Conditions, the Parties also expressly approve the following articles: 4, 7, 9, 10, 12, 13, 14, 22, 23, 24.