A) Kasimu Terms and Conditions of Use.
A) Kasimu Terms and Conditions of Use:
This document (hereinafter, the "Contract") constitutes a legally binding contract signed by you and Virtual DJ, SL, a company registered in Spain with the number B83438135 (hereinafter, "Kasimu") by which the use will be governed , by you, from the services Kasimu Global, Nextmusic (Neo DJ) and Kasimu Freedom (playlists to be listened to through the Internet), available on the site www.kasimu.com
1 - By creating a Kasimu account, you confirm that you are at least 18 years old, that you reside in one of the countries in which Kasimu provides its services, that all information for registration purposes that you send to Kasimu is truthful, accurate and complete. , who will update said information in order to keep it current and that you accept the terms and conditions of this Agreement.
2 - Kasimu may make changes to this Agreement at its sole discretion. Any substantial changes made will be communicated to you and your acceptance and / or continued use of Kasimu services after such notification of changes made in this Agreement will constitute your acceptance of such changes.
3 - You are granted a limited, non-exclusive and revocable license for personal or commercial use of Kasimu services, to receive via the Internet. You will not have the right to transmit or sublicense the rights that you have under this Agreement. You are assigned a license to the third-party components included in the service of this Agreement or to the license terms of the third-party component in question, as applicable.
4 - In the event that you agree to pay the fee for Kasimu services, said fee or price will be charged by the company designated by Kasimu according to the payment form that you have chosen for the purpose of paying the subscription.
In the event that you are going to pay with a credit or debit card, by designating a card for us to make the corresponding charges you confirm that you are authorized to make said purchase and that you are the holder of the card (that is, that the card has been issued in your name). In this case, the fees will be monthly or semi-annual.
If you are going to pay by direct debit (SEPA), you must supply the bank details in your name or in the name of the company or entity that you represent.
When Kasimu services are used in publicly accessible places, such as bars, restaurants, shops and other related places; the fees charged by Kasimu do not include performing rights. The Kasimu Freedom service includes performing rights of the authors and publishers of the songs included in the service's repertoire. In other words, all the songs included in the Kasimu Freedom service do not belong to the repertoire of the Authors Association of any country. The Kasimu Freedom service does not include the performing rights of other entities such as the producer’s rights. Such performing rights, if applicable, must be paid by you to the intellectual property management associations in your country.
Kasimu Freedom service, performing rights corresponding to the authors and publishers of the songs included in the musical programming of the service are included in the subscription fee. By subscribing to Kasimu Freedom, you will be able to download from the user’s area the certificate that certifies that the music used in the Kasimu Freedom service does not belong to the repertoire of the Authors Association of your country. This certificate, together with the invoice for payment of the last installment of the Kasimu Freedom service, must be available to the inspectors of the Association of Authors of your country. The certificate exempts from paying performing rights to the Authors Association of your country as long as the venue that uses Kasimu Freedom service uses only the music of the Kasimu Freedom service and is up to date with payment.
The services will be charged month or semester in advance. In the case of payment with a Paypal account, collections will be made monthly, counting the day of registration as the first day of the first collection period. In the case of payment by credit / debit card, collections will be made monthly or semi-annually, counting the day of registration as the first day of the first collection period. In the case of direct debit (SEPA), it will be charged every 6 months, counting the day of registration as the first day of the first collection period.
5 - Your subscription to the Kasimu collection service will be automatically renewed at the end of each subscription period unless you unsubscribe before the end of the subscription period. The renewal will always be for the same subscription period. At renewal time, the corresponding amount will be automatically charged according to the payment method you have chosen for the fee payment.
6 - In order to avoid any type of doubt, you agree that you may not (among other aspects): A) copy, “rip” (extract or copy music tracks), record, make available to the public or use the Kasimu services or their content (including but not limited to passwords, images and text) in any way not expressly permitted under this Agreement; B) sell or try to sell any invitation to access Kasimu services, or resell any code used to access Kasimu services; C) provide your password to another person or use another person's username and password; D) circumvent any technology used by Kasimu or its licensors to protect content accessible through Kasimu services; E) rent or lease any part of Kasimu services; F) use the services of Kasimu in a way that involves a violation of the terms of this Agreement, G) circumvent the possible territorial restrictions applied by Kasimu. In addition to the above, you agree to take reasonable steps to prevent unauthorized use of Kasimu's services and content. You also acknowledge and agree that Kasimu may delete or recover your username at any time in the event that Kasimu, in Kasimu's sole discretion, deems such action to be inappropriate.
7 - In case you have any questions regarding the use of Kasimu services or this Agreement, please contact Kasimu customer service by writing to email@example.com or calling +34 606 025 800.
8 - This contract will be applied, in relation to you, when you create an account with Kasimu. You can cancel your subscription to Kasimu services, or any other service, at any time by visiting the user area or calling +34 606 025 800 or writing to firstname.lastname@example.org. The cancellation of the service must be made within the period in which it can be validly canceled, that is, before your subscription is automatically renewed. This means that Kasimu will not refund any remaining portion of the subscription fees that you have already paid. Kasimu reserves the right to terminate this Agreement or to suspend your Kasimu account at any time in the event of unauthorized or allegedly unauthorized use of Kasimu's services, either for contravening the provisions of this Agreement or for other causes. In the event that Kasimu terminates this Agreement, or suspends your Kasimu account, for any of the reasons set forth in this clause, no obligation or liability will be placed on Kasimu, and Kasimu will not return any amount that you have previously paid.
9 - The use of Kasimu services (including, among other aspects, their contents) will be done at your sole risk. Kasimu services are provided "as is" and "as available". To the maximum extent possible under applicable law, Kasimu makes no warranties, whether implied or express, regarding the quality, content, availability or fitness for a particular purpose of Kasimu services.
10 - In no event will Kasimu, its associates, senior officials, directors, employees, licensors or any third party be liable for any possible direct, indirect, incidental, special or consequential damages (including, among others, loss of data, interruptions of the service, computer failures or pecuniary losses) arising from the use or inability to use the Kasimu services (including, among others, its contents), and including the damages and losses caused by it. The only right that you have in relation to any problem or dissatisfaction with Kasimu services will be to stop using Kasimu services.
11 - You agree to indemnify and hold Kasimu and its senior officers, directors, employees and licensors harmless in connection with any claim or demand (including but not limited to reasonable legal fees) filed by a third party due to, or arising out of, or related to, the violation, by you, of the terms and conditions of this Contract or the violation of any laws, regulations or the violation of the rights of third parties.
12 - Kasimu will use reasonable efforts to keep Kasimu services operational. However, it is possible that the existence of certain technical or maintenance difficulties may, in due course, lead to temporary interruptions. Kasimu reserves the right to modify or suspend, temporarily or permanently, at any time, functions and features of Kasimu services, subject to prior notification or without notice.
13 - You agree that Kasimu has the right to collect and process personal information about you.
14 - Kasimu may assign this Contract or part of it without any restriction. You may not assign this Contract or part of it to any third party.
15 - To resolve any issue arising from this contract, you expressly submit to the Courts of Madrid (Capital), waiving your own jurisdiction.
Virtual D-J, S.L., Calle Isla de Sálvora, 8 - 2º C - 28034 - Madrid (Spain) - +34 606 025 800
Virtual D-J, S.L. (hereinafter "THE COMPANY") is the owner of the website www.kasimu.com (hereinafter the "Website"), with registered office at C / Isla de Sálvora, 8 - 2C - 28034 - Madrid and CIF ESB83438135 and which is intended to provide background music services for shops and businesses.
THE COMPANY guarantees the protection of all personal data provided by the User on the Website and, in compliance with the provisions of Organic Law 15/1999, of December 13, Protection of Personal Data, in the RD 1720/2007 of December 21 (Spain) and remaining applicable regulations, informs you that:
1) All personal data provided to THE COMPANY will be treated by it in accordance with Organic Law 15/1999 of December 13 on Protection of Personal Data and RD 1720/2007 of December 21 (Spain) and will be incorporated in the file USERS OF THE WEB PAGE created and maintained under the responsibility of THE COMPANY.
2) When for the access to certain contents or services it is necessary to provide personal data, the Users will guarantee its veracity, accuracy, authenticity and validity. THE COMPANY will give such data the corresponding automated treatment depending on its nature or purpose.
3) The data is collected for the following purposes: (i) management, study and resolution of queries (ii) sending of advertising and commercial prospecting by electronic means, about the company, its activities, products and services, as well as documentation of diverse nature and (iii) management of THE COMPANY's activities.
4) In the collection and treatment of personal data, appropriate security measures have been adopted to prevent loss, unauthorized access or manipulation of them, in accordance with the provisions of Royal Decree 1720/2007, of December 21 (Spain).
5) THE COMPANY undertakes to protect the confidential information to which it has access.
6) THE COMPANY will not use in any case the personal data that you make available to provide services to third parties other than those referred to in section 3) of this document or, where appropriate, to achieve its own utility.
8) The User can, at any time, exercise the rights of access, rectification, cancellation and opposition on their personal data as well as the revocation of consent for any of the aforementioned purposes, sending the COMPANY a letter duly signed to our address postcard indicated above, or to email@example.com, where the contact details are clearly stated, which must be accompanied by a photocopy of your DNI / NIF or document that proves your identity.
9) Cookies. THE COMPANY reserves the right to use the "cookie" technology on the Website, in order to recognize you as a frequent User and personalize your use of the Website by preselecting your language, or more desired or specific content. The "cookies" used by the Website, or the third party acting on its behalf, are associated only with an anonymous user and his computer, and do not in themselves provide the user's personal data. Cookies are files sent to a browser through a Web server to record the User's browsing on the Website, when the User allows their reception. In turn, you can delete the "cookies" for which you should consult the use instructions of your browser. Thanks to cookies, it is possible for THE COMPANY to recognize the computer browser used by the User in order to provide content and offer the user's browsing or advertising preferences, to the demographic profiles of the Users as well as to measure visits and traffic parameters, control the progress and number of entries.