1.1 BarBox Music Ltd., ID number: 02008807, located at Pacholíkova 443/2, Prague 4, Czech Republic, ZIP code: 14300, registered in Prague under number C 214084 (hereinafter the "Provider"), is the Operator of the www.barboxapp.com website and smartphone application BarBox for Android and iOS platforms. (Hereinafter "Server" and "Application.")
1.2 Relationship between the Provider and User of the Server and Application is based on Terms and Conditions of Using Server and Application Service (hereinafter "Terms"). The User agrees to follow these Terms completely.
1.3 User. User is any person who visits the Provider's Server (this means any person who visits and views the server) or a person who starts using the Server's services or Application services.
1.4 Service. Service means every service that allows User to play, show or do any other work by using the digital music tracks on Server or in Application.
2.2 User registration. User, by reading these circumstances, that registration on Provider's Server is necessary for full Service functionality. The User confirms that all information given by him/her is accurate and true. The Provider undertakes that Provider will not voluntarily provide any information about User's registration.
2.3 Use of Service. User has the option of using Service free of charge for the period that is determined by the Provider. The Service is charged for after the trial version's expiration. Provider reserves the right to change the price of Service at any time. A new price will be charged to User after User accepts it and after User's previous monthly fee is over. User accepts the price by approving the payment. By reading these Terms, User notes, that for the full functionality of Service, it is necessary to pay Provider's fee.
3. Use of the BarBox Service
3.1 Access to the Service is possible from a personal computer by connecting to the site www.barbox.cz and log in. Access to the Service from a compatible mobile phone requires the prior download and installation of the Application. This download is also offered on the barbox website.
3.2 The use of the Service requires a high-speed internet connection. These connections are not provided by BarBox Music or BarBox.
3.2 The User can activate the Service on a personal computer (PC or MAC) and a compatible mobile phone registered with the BarBox account. The Service is only accessible from one connection at a time (personal computer or compatible mobile phone registered). Provider has the technical means to verify the absence of multiple simultaneous connections on the same account and therefore detect multiple connections attempt.
4. Availability and modification of the Service
4.1 Service can be accessed to 24hours a day and seven days a week, within the limit of the Terms and the terms of article 9 hereunder.
4.2 Provider has the right to bring any modification and amelioration to the Service as it deems necessary for technical evolution.
4.2 In addition, Provider has the right, without prior notice or compensation, to temporarily remove access to the Service if necessary in order to ensure the maintenance due to technological evolution or continuity of the Service. The User recognizes that Provider cannot be held liable and waives any right to compensation and/or action against Provider in that respect. The temporary Service interruptions will be, when possible, notified by the email at least 24 (twenty four) hours before they occur, unless they are urgent.
5. Absence of the right to revocation – duration – renewal – termination – upgrade to the Service.
5.1 The User expressly recognizes and agrees that the supplying of the Service starts at the time of validation of the subscription. Consequently, no request of revocation, cancellation or refund will be accepted after such validation.
5.2 Provider offers a monthly subscription (or any other period depending on the offers made on the Site). Some trial or discovery periods of the Service of different duration may be offered on the Site, temporarily or not. Unless otherwise indicated, these trial and discovery periods will be submitted to the hereby Terms and will be limited to one subscription (same IP address (Internet Protocol) and/or same email address) no matter the trial or discovery offer concerned.
5.3 Except termination by the User within the terms of article 5.4, the subscription to the Service is tacitly renewed for the exact same duration than the initial one. Unless otherwise indicated on the Site and except termination by the User respecting the terms of article 5.4, any trial or discovery offer is automatically transformed into a monthly subscription at the price indicated in the offer or, otherwise, at the price applicable to the monthly subscription of the Service.
5.4 If the subscription was made directly from the Site, in order to terminate a subscription the Users must go to their account under the section called "Account Settings" and press "Cancel subscription" button. Termination will be effective at the end of the current subscription period, if actioned at least 48 (forty eight) hours in advance. For a trial 15 days period, termination occurs on the date and hour of termination as indicated in the User's account, unless otherwise indicated on the Site.
6. Creation of an account
6.1 In order to activate the Service, every User must: Create an account on the Site or, if the User is already registered, log on the Site. Provide the information requested on the registration form. Give his consent to the Terms. Once his registration has been validated, Provider will send to the User (at the address given at the time of registration to the Site) a confirmation email with log in information.
6.2 The User shall provide true, accurate and sincere information.
6.3 The User can modify the password given on his account by clicking on the section "Account settings".
6.4 The User shall inform Provider, without delay, of any modification to the information provided at the time of creation of his account and notably any modification of his email address. The User can modify these information on his account on the Site by clicking on the section "Account settings".
6.5 The User must immediately inform Provider of any loss or unauthorized use of his account, his identification details and his password. The passwords and identification details are personal and the User must not communicate them. As a result, the User is solely responsible for their use.
6.6 The User is solely liable for the consequences due to the use of his account, and thus until its deactivation, and as a result, Provider and all his partners, co-contracting party or right holders cannot be held liable on this matter.
7.1 It is reminded that the connection and communication (internet and mobile broadband) costs relating to the use of the Service are not supported by Provider and must be supported only by the User.
8. Disclaimer of Warranties
8.1 The User declares being informed of the confines and limitations of the internet network.
8.2 As a result, Provider disclaims liability for the dysfunction of the Service access, the opening and consultation velocity of the Site pages, the listening velocity of the tracks, the temporary or final inaccessibility of the Service, and the fraudulent use by third parties of the information provided on the Site.
8.3 Therefore, it is the User's duty to protect his personal data and information or other equipments notably against any form of intrusion and/or virus contamination and for which Provider can never be held liable. Provider can never be held liable of any dysfunction or damage caused to the User's equipment.
8.4 More broadly, Provider disclaims any liability if a breach of any obligation results from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning and more broadly any unstoppable and unforeseen event which prevent the good execution of the orders.
8.5 Provider disclaims liability in case Service would turn out to be incompatible with certain equipments and/or functionalities of the equipment of the User.
8.6 Finally, the User is solely liable of his use of the Service and cannot held Provider liable for any claim and/or procedure made against him. The User shall take in charge every claim, complaint or objection and more broadly any proceedings filed against Provider by a third party in relation to his use of the Service.
9.1 Provider shall respect the legislation in effect regarding the protection of privacy concerning the processing of personal Data.
9.2 The information and data of the User collected are being processed and are mandatory for the management of his subscription. These information and data are also kept for security reasons, in order to respect the legislation to which Provider is submitted. These Data are processed and kept at the Site host provider identified within the legal notice which can be found on the Site in conditions aiming to guarantee security.
9.3 If the User gives his prior consent, the collected data can also be used for the management of commercial relations in order to establish stats and also provide Provider with the possibility to improve and personified the services offered and the information addressed.
9.4 The User has a right to access and modify his information. If he wishes to use these rights and obtain communication of his information, the User can contact Provider via email at email@example.com, 24 hours 7 days a week.
9.5 The User is informed that his data can be disclosed in respect of the legislation or under a decision from a judicial or administrative authority.
10. Rights and Obligations
10.1 User's Declaration. User guarantees to the Provider that User has become thoroughly familiar with these Terms and Conditions and that User completely understands and agrees with these Terms, and undertakes that User will fully comply before User starts using Service.
10.2 User's General liabilities. User, regardless of the other provisions of these Terms and Conditions, particularly undertakes that:
10.2.1 User will use the Application and the Server only for the purpose for which they are intended, therefore, for the purpose of creating a musical atmosphere.
10.2.2 User will not use any of Provider's Service in breach of these Terms and Conditions.
10.2.3 User will not do anything that would impair or harm Service or the actual functionality of the application and the server (or any network servers operated by Provider or any related third-party).
10.2.4 User will not at all charge for Provider's Service without Provider's permission.
10.2.5 User will not use Server to send unsolicited notifications, emails (i.e. spam, hoaxes, etc.), viruses or other illegal or harassing content.
10.2.6 Server will not be used for any activities that are or could be in conflict with the laws of the countries connected to the User; with the rules governing the use of Service of Provider, of the suppliers of the music tracks; and with User's legitimate interests, i.e. the generally recognized principles of use of the services provided by the internet.
10.2.7 User will not modify, copy, distribute, transfer or sell any information, products, services acquired through the server or application, or create derived works.
10.2.8 User will not remove any copyright notices, trademarks, logos or other proprietary rights notices of Provider, the suppliers of the music tracks or third parties contained in Service.
10.3 Provider's Declaration. Provider's Service provided to the User is provided "as is." Provider is not responsible for the information provided by the third parties (including commercials) and for the exactness of the provided information, mainly for the reason that the conditions of providing Service (for example: music charts, information about the artists, the content of the music library, etc.) may change incidentally. General rights of Provider. Provider, regardless of other provisions of these Conditions, has the right to:whenever up to Provider's discretion (and without being required to beforehand inform User about it) stop or limit the providing of whatever Service or change in any way the method of providing Service, namely in connection to all Users or only in connection to some Users.
11. Commercial Notifications and Advertisements
11.1 Advertisements within the framework of Service. User hereby takes notice of and agrees that, within the framework of Server or Application, advertisements and/or promotional material (hereinafter "Advertisement") can be shown.
11.2 Commercial notifications. User hereby in accordance with law no. 480/2004 Sb. about certain services provided by IT companies and about the modification of certain laws (law about certain services provided by IT companies) as amended agrees that Provider has the right to send User to the email address given by User for using Service commercial notifications containing primarily information about what is new with Service and about Provider's and related parties' products.
11.3 Advertisement notification. User hereby as defined by the Law about Certain Information Society Service agrees that Provider may attach, to sent emails and/or received messages or notifications through Server or Application, links in the form of a URL accompanied by advertising slogans (so-called footer ads, promotional messages).
12.1 Exclusion of Warranties. Provider's Service to User is provided "as is." Provider does not give User any guarantees regarding Service, Server's content, Provider's Application or content of third parties, including any guarantees regarding the performance and availability of Service. Provider does not bear any responsibility for data loss.
12.2 Responsibility of User. Provider is not liable for misuse of Service by User or the failing of User's duties under these Terms.
12.3 Compensation. User agrees to indemnify Provider for any losses incurred as a result of a negligent breach of these Terms by User.
13. Final Provisions
13.1 Changes of Terms. Provider is entitled to unilaterally change the contents of Terms. Provider will inform User about changes of Terms and allow him to become familiar with these changes. Provider is authorized to modify or upgrade Service, Application or Server without the consent of User and without prior notice.
13.2 Efficiency of changing Terms. Any changes to these Terms become effective on the date of publication of these Terms on the Server. What is considered as User's expression of consent is the continued use of Service by User after the date specified by Provider as the effective date of changing of Terms. If User does not agree to the changes, User must refrain from using Service after the date specified by Provider as the effective date of changing of Terms.
13.3 Communication. All communication between Provider and User may be given either in writing (in the case of sending to Provider, delivery to Provider's registered address) or by email (in the case of sending to Provider, delivery of email to firstname.lastname@example.org).
13.4 Communication from Provider's part in connection to one or more Users can also be carried out by Provider through the publication of a message via Server (as in the case of the amendment of these Terms). With the use of any of the aforementioned means of communication, it shall be deemed that the written form has been preserved. Verbal communication between Provider and User may take place via telephone or through similar services that enable remote voice calls.