THIS IS A LEGAL AGREEMENT BETWEEN YOU AND
TECMOBINTER, STATING THE TERMS THAT RULE YOUR USE OF THE
MUZIKOMIO.COM SERVICE. THIS AGREEMENT—INCLUDING ALL UPDATES, ADDITIONAL
TERMS, SOFTWARE LICENCES, AND ALL OF MUZIKOMIO.COM TERMS AND
POLICIES REFERRED TO IN THIS AGREEMENT—JOINTLY CONSTITUTE THE
"AGREEMENT" BETWEEN YOU AND CDM DOWNLOADS. IF YOU DO NOT AGREE WITH THE
FOLLOWING TERMS, DO NOT USE THE SERVICE.
1. Definition of the Muzikomio.com service:
Tecmobinter is the provider of Muzikomio.com (the “Service”), that
permits you to purchase downloads of digital content –such as sound
recordings and videos- under the terms and conditions set forth in this
2. System Requirements. Use of the Service requires Internet
access (fees applied by your Internet Service Provider), and a
particular software that may need regular updates or upgrades. As the
use of the Service involves hardware, software, and Internet access,
your ability to use the Service may be affected by the performance of
these factors. High speed Internet access is strongly recommended. You
acknowledge and agree that such system requirements, which may be
changed from time to time, are under your responsibility. The Service
is not part of any other product or offer not related to the
Muzikomio.com service, and purchasing or obtaining any other product
not related to the MUZIKOMIO.COM service shall not be construed to
represent or guarantee you access to the Service.
provided for in this Agreement, the Service is subjected to CdM
Policy, which is expressly included as part of this
you are asked to do it now.
4. Your Information. You agree to provide accurate, current,
and complete information required to register with the Service and at
other points as may be required in the course of using the Service
("Registration Data"). You further agree to maintain and update your
Registration Data as required to keep it accurate, current, and
complete. MUZIKOMIO.COM may revoke your rights to use part or the whole
of the Service if any information you provide is false, inaccurate or
incomplete. You agree that MUZIKOMIO.COM Service may store and use the
Registration Data you provide in order to maintain your accounts and to
charge fees to your payment card.
5. User Account and Security.
Account and Password. As a registered user of the Service,
you may create an account (“Account”). You are solely responsible for
keeping the confidentiality and security of your Account’s Data. You
should not reveal any information related to your account to anyone
else or use anyone else’s Account. You are entirely responsible for all
activities that may occur on or through your Account, and you agree to
immediately inform MUZIKOMIO.COM of any unauthorised use of your
Account or any other breach of security. Tecmobinter shall not be
responsible for any loss caused by an unauthorised use of your Account
unless resulting from the negligence of MUZIKOMIO.COM.
Security. You acknowledge that the Service, and products
purchased through the Service, such as sound recordings, videos and
related artwork (“Products”), are ruled by certain usage terms
established by MUZIKOMIO.COM and its licensors (“Usage Rules”). You
agree to observe such Usage Terms, as further outlined below, and you
agree not to violate or attempt to violate any security components. You
will not access the Service by any means other than through software
that is provided by MUZIKOMIO.COM for accessing the Service. You shall
not access or attempt to access an Account that you are not authorised
to. You agree not to modify the software in any manner or form, or to
use modified versions of the software, for any purposes including
obtaining unauthorised access to the Service. Violations of system or
network security may result in civil or criminal liability.
6. Purchase of Muzikomio.com Content
Products Requirements. You acknowledge that use of Products
may require the use of other hardware and software products (e.g., the
ability to make copies of Products on physical media and render
performance of Products on authorised digital player devices), and that
such hardware and software is your responsibility. Once a Product is
purchased and you receive it ,it is your responsibility not to lose,
destroy, or damage the Product, and MUZIKOMIO.COM shall not be
liable to you for any loss, destruction, or damage to Products which is
not caused by the negligence of MUZIKOMIO.COM.
Use of Products. You acknowledge that Products contain
security technology that limits your usage of Products to the following
Usage Terms, and you agree to use Products in compliance with such
The use the Products is conditional on your prior
acceptance of the terms of this Agreement.
You shall be authorised to use the Products only for
personal, non-commercial purposes, and not for redistribution,
transfer, assignment or sublicence, to the extent permitted by law.
You shall be entitled to export, burn (if applicable) or
copy Products solely for personal, non-commercial use. You shall not be
entitled to burn video Products.
Any burning (if applicable) or exporting capabilities are
solely an accommodation to you and shall not constitute a grant or
waiver (or other limitation or implication) of any rights of the
copyright owners in any audio or video content, sound recording,
underlying musical composition, or artwork embodied in any Product.
You are forced not to attempt, nor encourage or assist any
third person to, circumvent or modify any security technology or
software that is part of the Service or used to administer the Usage
Terms, nor interfere with, remove or alter any rights management
information on the Products.
The delivery of Products does not grant to you any
commercial or promotional use right of them.
You agree that your purchase of Products constitutes your
acceptance of and agreement to use such Products solely in accordance
with the Usage Terms, and that any other use of the Products may
constitute a copyright infringement. CdM Downloads reserves the right
to modify the Usage Terms at any time.
You acknowledge that some aspects of the Service, Products,
and administering of the Usage Rules entails the ongoing involvement of
MUZIKOMIO.COM. Accordingly, in the event that MUZIKOMIO.COM changes any
part of the Service or discontinues the Service, which it may do at its
election, you acknowledge that CdM Downloads shall have no liability to
you in such case.
7. Payment conditions
a. Payment for Products. You agree to pay for all
Products you purchase through the Service, and that Muzikomio.com
(music on demand service provided by Tecmobinter and its licensors) may
charge your payment card for any Products purchased. YOU ARE
RESPONSIBLE FOR PROVIDING MUZIKOMIO.COM WITH A VALID PAYMENT CARD. All
fees will be charged to the payment card you provide in the
b. Right to Change Prices and Availability of Products. Prices and
availability of any Products may be modified at any time.
c. Electronic Signatures and Contracts. Your use of the Service
includes the ability to enter into agreements and/or to make electronic
purchases. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE
YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS
AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC
SUBMISSIONS APPLIES TO ALL RECORDS RELATED TO ALL TRANSACTIONS YOU
ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES,
CONTRACTS, AND APPLICATIONS.
8. Intellectual Property
Acknowledgement of Ownership. You agree that the Service,
including but not limited to graphics, audio clips, and editorial
content, contains proprietary information and material that is owned by
Tecmobinter and/or its licensors, and is protected by applicable
intellectual property and other laws, including but not limited to
copyright, and that you will not use such proprietary information or
materials in any way whatsoever except for use of the Service in
compliance with the terms of this Agreement. No portion of the Service
may be reproduced in any form or by any means. You agree not to modify,
rent, lease, loan, sell, distribute, or create derivative works based
on the Service, in any manner, and you shall not exploit the Service in
any unauthorised way whatsoever, including but not limited to, by
trespass or burdening network capacity.
Removal of MUZIKOMIO.COM Content or Other Materials.
Notwithstanding any other provision of this Agreement, Tecmobinter and
its licensors reserve the right to change, suspend, remove, or disable
access to any Products, content, or other materials comprising a part
of the Service at any time without notice. In no event will
MUZIKOMIO.COM be liable for the removal of or disabling of access to
any such Products, content or materials under this Agreement.
MUZIKOMIO.COM may also impose limits on the use of or access to certain
features or portions of the Service, in any case and without notice or
Copyrights. All copyrights in and to the Service, including
but not limited to, the MUZIKOMIO.COM Store (including the
compilation of content, postings, links to other Internet resources,
and descriptions of those resources), and software, are owned by
Tecmobinter and/or its licensors. THE USE OF THE SOFTWARE OR ANY PART
OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE
TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE
INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND
CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT
Trademarks. The trademarks, service marks, graphics, and
logos used in connection with the Service are trademarks or registered
trademarks of Tecmobinter and its licensors. Other trademarks,
service marks, graphics, and logos used in connection with the Service
may be the trademarks of their respective owners. You are granted no
right or licence with respect to any of the aforesaid trademarks and
any use of such trademarks.
9. Limitation of Liability
Besides applicable law or regulation in every case,
under no circumstances or legal theory, being derived from contract
damages or whatever, Muzikomio.com and its suppliers or re-sellers will
be liable to you or to any other person for any indirect,
incidental, special, or consequential damages, including but not
limited to loss of customers, service interruptions or any other
commercial loss, whether or not Muzikomio.com was informed about the
possibility of such damages, or to any complaint sued by any other part
Liability of Muzikomio.com, according to the terms and
conditions of this agreement, will be limited to the amount of the
subscribed licence paid to Muzikomio.com for its Service.
10. Termination of the Service
This contract will remain in full force and effect
until its cancellation.
You may cancel this contract at any time, deleting all Software copies.
The license will be automatically canceled if you failed to observe any
of the terms and conditions included in this agreement. Once it has
been cancel, you will have to delete all Software copies.
11. Contract parties
If the Software is used in computers belonging to a
company or to any other legal entity, this agreement will be
established between Muzikomio.com and the mentioned company. Individual
compliance of this agreement represents and guarantees Muzikomio.com
that this person has the authority to legally bind such company to the
herein terms and conditions.
12. Legal enforcement
If either party to this Agreement is prevented in the performance of
any term under this Agreement, such term will be modified to the
neccesary extent to be comply with. However, this modification will not
affect the legal enforcement of such term in any other circumstance,
nor other terms herein established.
13. Government Law and Jurisdiction
This Agreement and the use of the Service is governed by Spanish
All disputes arising from or in connection with this
Agreement would be resolved according to the Rules of Arbitration of
the International Chamber of Commerce by three arbitrators appointed
and acting under the Chamber Rules. Abitration will take place in
Madrid, Spain, at the place fixed by the International Chamber of
Commerce, and language of the arbitration will be Spanish.
If you fail to observe the terms of this agreement or show
your intention to breaching it, resulting in continuous or irreparable
damages to MUZIKOMIO.COM (incluidig, but not limited to, any violation
affecting Muzikomio.com intelectual property rights or any infrigement
regarding reverse engineering) Muzikomio.com will appeal for
precautionary measures or any other legal injunctive relief, before
legitimate jurisdiction Courts.
14. Changes to this Agreement
This is the entire legal agreement between you and
Muzikomio.com, and replace any other previous oral or written
statement. This contract cannot be altered or modified without prior
written consent of both you and Muzikomio.com.