Music Technologies Development SL — Terms & Conditions
(Updated May 2022)
ACCEPTANCE OF TERMS: This is a Website of Music Technologies Development SL (“MTD”). Use by you of this Website and any other websites operated by MTD (the “MTD Sites”), together with all associated servers (“Servers”) and all of the functions on, in, or available from this Website or any other MTD Site or the Servers, is subject to the following terms and conditions (“Terms and Conditions”) and any additional terms and conditions contained on, in, or available through an MTD Site.
CONTENT: The copyright in the material contained on, in, or available through this Website or any other MTD Site or Server excluding MTD magazine covers (licensed under CC BY-SA 4.0) and Content (as defined in paragraph 3) but including all additional information, data, text, music, sound, photographs, graphics, video messages or other materials and the selection and arrangement thereof, and all source code, software compilations and other material (“Material”) is owned by or licensed to MTD. All rights are reserved. You do not have any right, interest, or title in or to the Material unless otherwise expressly indicated. The trademarks and logos (“Trade Marks”) contained on or in this Website, or any other MTD Site or Server, are registered and owned by, or licensed to MTD. Save as expressly stated, you do not have any right to use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of MTD. You are permitted to print or download extracts of the Material for your personal use only provided that each copy contains a notice that the Material is owned by or licensed to MTD. None of the Material may be used for any commercial or public use. Save as expressly stated or as necessary to view, print, or download extracts of the Material for personal use, none of the Material may be copied, edited, varied, reproduced, published, displayed, distributed, stored, transmitted, commercially exploited, or disseminated in any form whatsoever without the prior written consent of MTD.
CONTENT SUBMITTED TO THE WEBSITE: Information, data, text, music, software, sound, photographs, graphics, video, messages, or other materials may be posted or uploaded (in public or privately) on to designated areas of certain of the MTD Sites. Any information, data, text, music, software, sound, photographs, graphics, video, messages, or other materials which are posted or uploaded on to any MTD Site or Server or otherwise transmitted through this Website or any other MTD Site or Server by any visitor to this Website is referred to as “Content.” MTD does not control the Content and, as such, is not responsible for it in any way whatsoever. In particular, MTD does not guarantee the accuracy, integrity, or quality of such Content. MTD shall have the right (but not the obligation) in its sole discretion to delete, edit, lock, move or remove any Content without notice. Without limiting the preceding, MTD shall have the right without notice to record the IP address from which any Content is posted or uploaded to or otherwise transmitted through any MTD Site or Server and to lock or remove any Content which violates these Terms and Conditions or is or may be irrelevant, out of date, inappropriate or objectionable in any way whatsoever or in respect of which MTD receives any complaint (whether valid, justified or not). If you upload, post, or otherwise transmit any Content to a public part of any MTD Site or Server (including, without limitation, if you post a blog, upload files, input data, or engage in any other form of communication through any MTD Site) you are wholly responsible for it. You hereby: (a) grant MTD an irrevocable, perpetual, royalty-free right to use, distribute, copy, edit, adapt, license, distribute, transmit, publish, publicly perform or display any such Content in any form or medium anywhere in the World; and (b) irrevocably and unconditionally waive any moral rights or similar rights you have in any Content under the Spanish intellectual property laws (as amended, superseded or replaced from time to time) (the “Act”) or equivalent legislation anywhere in the World.
THIRD-PARTY PRODUCTS, SERVICES, AND DOWNLOADS: This Website and other MTD Sites or Servers may feature products and services of third parties (“Products and Services”) or contain links to websites operated by third parties (“Third-Party Websites”). MTD does not have any influence or control over any such Products or Services or any Third-Party Website. Unless otherwise stated, MTD is not responsible for and does not endorse any Products or Services or any Third-Party Website or its availability or contents. MTD is not responsible for any agreement or understanding you enter into with a third-party through a Third-Party Website and/or about any Products or Services. While MTD aims to provide unbiased editorials, we wish to disclose that (i) we occasionally receive free products from marketers that we sometimes review or discuss in our editorials, and (ii) we may run advertisements on our sites concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation, and (iii) we may sell these products within our stores, and (iv) we may use affiliate links to products and or services for which we sometimes receive compensation. MTD is a participant in several affiliate advertising programs. For instance, we participate in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.
DOWNLOADS: You acknowledge and agree about any downloads which are accessed on or via an MTD Site (“Download”) that (i) you have a right of a license to such Download, you do not own any intellectual property rights in such Download, and your use of such Download may be subject to an applicable end user license agreement; (ii) you are not permitted to modify, copy, commercially exploit, resell or otherwise use a Download in any way which is contrary to applicable laws or regulations. Your attention is drawn to section 7 of these Terms and Conditions, which you should read carefully before commencing any Downloads.
MEMBER CONDUCT: You agree that when using the Website or any other MTD Site or Server you will not: (a) Upload, post or otherwise transmit Content which violates the rights (including, without limitation, the intellectual property rights) of a third-party or which is unlawful, harmful, threatening, abusive, argumentative, flaming, hateful, offensive (whether in relation to sex, race, religion or otherwise) harassing, defamatory, vulgar, obscene, indecent, libellous, invasive of another’s privacy or contains any illegal content; (b) Harvest Content or IP addresses or upload, post or otherwise transmit any Content which contains software viruses or any other files or programs that may interrupt, destroy or limit the functionality of this Website or any other MTD Site or Server or any networks connected to this Website or any other MTD Site or Server or another’s computer, or that contains any chain letters, pyramid selling schemes, bulk mail, junk mail or similar; or (c) Upload, post or otherwise transmit any Content for any commercial or business purpose including (without limitation) any Content which contains any advertising or promotional materials; or (d) Restrict or in any way inhibit any person from using this Website or any other MTD Site or Server; (e) Upload, post or otherwise transmit any Content which is unnecessary and/or repetitive including any Content which repeats that previously uploaded, posted or transmitted by you or another visitor, unless absolutely necessary; or (f) Upload, post or otherwise transmit any Content to a part of this Website or any other MTD Site or Server which is irrelevant to the subject matter or the Content; or (g) Upload, post or otherwise transmit any Content to this Website or any MTD Site or Server using an email address provided by a free account service such as hotmail; or (h) Register yourself as a member of this Website or any MTD Site, or to receive any newsletter or other service under more than one user name and/or user account number without the consent of the Website editor; or (i) Use this Website or any other MTD Site or Server in a manner that is inconsistent with these Terms and Conditions and/or any relevant laws and regulations in force from time to time; or (j) Breach the terms of any suspension or ban or seek alternative access. You acknowledge that you are solely responsible for maintaining a secure password to access the member sections of this Website or any other MTD Site or Server. You agree to indemnify MTD in full and on demand from and against any loss, damage, costs, or expenses that they suffer or incur directly or indirectly due to your use of this Website or any other MTD Site or Server other than under these Terms and Conditions.
DISCLAIMER / LIABILITY: This Website, any other MTD Site or Server and their facilities, Third-Party Websites, links to the Third-Party Websites, and any Material and Content are provided on an ‘as-is’ and ‘as available’ basis, and use is at your own risk. To the maximum extent permitted by law: (a) MTD disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise about this Website, any other MTD Site or Server, Third-Party Websites, links to Third-Party Websites, Material, and Content; and (b) all implied warranties, terms, and conditions relating to this Website, any other MTD Site or Server, Third-Party Websites, links to Third-Party Websites, Material and Content (whether implied by statute, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, merchantability, fitness for purpose or any particular purpose, non-infringement and title are, as between MTD and you, hereby excluded. MTD makes no representation or warranty that this Website, any other MTD Site or Server, and/or any Third-Party Websites will be continuous, uninterrupted, secure, or error-free. MTD will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with this Website, any other MTD Site or Server, any Third-Party Websites, links to Third-Party Websites, the Material, Content, Downloads or any products or services offered on or through this Website or any other MTD Site or Server or Third-Party Website, whether by MTD or on its behalf, for any: (a) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (b) loss of goodwill or reputation; or (c) special or indirect or consequential loss. If MTD is liable to you directly or indirectly in relation to this Website, any other MTD Site or Server, any Third-Party Websites, links to Third-Party Websites, the Material, Content, Downloads or any products or services offered on or through this Website or any other MTD Site or Server or Third-Party Website, that liability (howsoever arising) shall be limited to the sums paid by you in consideration for MTD granting you membership to this Website or any other MTD site. Nothing in these Terms and Conditions shall be construed as excluding or limiting the liability of MTD for death or personal injury caused by its negligence or for any other liability which cannot be excluded by Spanish law. This Website is controlled and operated by Music Technologies Development SL from its offices in Spain. MTD makes no representation that this website’s material is appropriate or available for use in other locations. Those who choose to access this Website or any MTD Site from other locations do so on their initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. Some jurisdictions do not allow the exclusion of implied warranties or limitations on a consumer’s applicable statutory rights, so the exclusions and limitations in this section 7 may not apply to you in whole or part.
DOWNLOADS: Without limiting the preceding, you expressly agree that MTD, its officers, subsidiaries, employees, and/or affiliates shall have no liability whatsoever for the performance of any software product you purchase and/or download through, or via a link from, the MTD Sites (“Download”). You expressly acknowledge and agree that the use of any Download is at your sole risk and that the entire risk as to the satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable law, Downloads are provided ‘as-is’ and without warranty of any kind. MTD hereby disclaim all warranties and conditions concerning the Download, either express, implied, or statutory, including (without limitation) the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third-party rights. MTD does not warrant against interference with your enjoyment of the Download, that the functions contained in the Download will be continuous, uninterrupted, secure, virus-free, or error-free, or that defects in the Download will be corrected. Should the Download prove defective, you assume the entire cost of all necessary servicing, repair, or correction.
RIGHT OF WITHDRAWAL: In accordance with Spanish Royal Legislative Decree 1/2007 of November 16, Article 103, letter m, and considering that subscriptions to the MTD Sites are considered digital content with no physical support, and considering that subscriptions begin with the prior express consent of the consumer, the consumer loses his right of withdrawal at the moment of beginning a subscription.
ACCESS RESTRICTION: MTD reserves the right in its sole discretion to deny you access to this Website or any other MTD Site or Server, or any portion thereof, without notice and for any reason including, without limitation, if you fail to comply with any clause 5 (Member Conduct) or any other provision of these Terms and Conditions.
GENERAL: These Terms and Conditions (as amended from time to time) constitute the entire agreement between you and MTD concerning your use of this Website or any other MTD Site or Server and supersede any previous arrangement, agreement, undertaking or proposal, written or oral between you and MTD concerning such matters. MTD reserves the right to update these Terms and Conditions from time to time. If it does so, the updated version will be effective as soon as it is uploaded to this Website. No other variation to these Terms and Conditions shall be effective unless in writing and signed by an authorized representative on behalf of MTD. These Terms and Conditions shall be governed by and construed by Spanish law, and you agree, for the benefit of MTD, to submit to the exclusive jurisdiction of the Spanish Courts. Suppose any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable. In that case, such provision(s) shall be construed, as nearly as possible, to reflect the parties’ intentions, and all other provisions shall remain in full force and effect. MTD’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MTD in writing.