Terms and Conditions
LEGAL NOTICE AND GENERAL CONDITIONS OF USE OF THE WWW.KONGAMUSIC.COM WEBSITE
1.- Ownership of the web page
KONGA MUSIC,S.L. based at Barcelona, Calle Esglesia, 4-6 2º E, with C.I.F. B-61167748 and registered in the BARCELONA Companies Registry (information supplied in accord with provisions set forth in article 10 of Law 34/2002 of the Information Society and Electronic Commerce Services) is the holder of the webpage www.kongamusic.com which is made available to Internet users to provide information on services provided by KONGA MUSIC,S.L. and its represented brands.
2.- KONGA MUSIC and KONGASEARCH domain names notified to the relevant registers
KONGA MUSIC,S.L. hereby declare that the Companies Register has been notified of article 9 of Law 34/2002, of the 11 of July, of the Information Society and Electronic Commerce Services.
3.- General Conditions of Use and the Acceptance thereof
The current general conditions of use of the webpage together with any particular conditions that may be established have the purpose of regulating and providing information to users of the brands that KONGA MUSIC,S.L. brings to market and and of regulating webpage use.
Searches and use of the web page implies acceptance as a User, without exception, of all the Terms and Conditions, such General Conditions of Contract as might exist and any other conditions possibly applicable in relation to provision of KONGA MUSIC,S.L..
KONGA MUSIC,S.L. can, at any time and without notice, modify the current general terms and conditions and any specific conditions that may be included via publication of such modifications on the web page with the aim of informing the users. Any changes to the above shall be communicated on the main page of the website within a time period which is deemed reasonable.
TERMS AND CONDITIONS FOR USE OF WEB PAGE
1.- User consent and sending of commercial communications via electronic channels (Art. 22 of Law 34/2002 on Information Society Services and Electronic Commerce):
KONGA MUSIC,S.L. may send commercial communications by any method that fully respects all in force legislation concerning the protection of personal information. For commercial communications via electronic mail and equivalent means in compliance with the provisions of Law 34/2002 of July 11, on Information Society Services and Electronic Commerce, User consent shall be properly obtained at the time when gathering the corresponding information. If you oppose the sending of communications via electronic mail, you may exercise your right of opposition at the time of the data collection in your own e-mail. Similarly, if you wish at any time to revoke this consent to receive publicity or promotional materials via electronic mail, it shall be sufficient for that purpose to notify KONGA MUSIC,S.L. by sending a message to the following e-mail address: info@kongamusic.com. During the data collection process, the User shall be properly informed in that part of the Website where the data is requested by means of a hyperlink or the inclusion of the information on the actual form itself as to whether the collection of such data is obligatory or not for the provision of services, and he/she shall also be informed of these rights.
2.- Industrial and Intellectual Property. Hyperlink Policy
2.1. All content included on the Website and specifically the trademarks, trade names, industrial designs, designs, texts, photographs, graphics, logotypes, icons, software and any other signs susceptible to being used industrially and commercially are protected by industrial and intellectual property rights of KONGA MUSIC,S.L. or those of the third parties who own them and have authorized their inclusion in the website. Therefore any use and/or reproduction of the aforementioned signs and names without express permission from KONGA MUSIC,S.L. is prohibited.
2.2. KONGA MUSIC,S.L. shall not be liable for the infringement of third-party property rights derived from the inclusion at the website of trademarks, trade names, industrial designs, patents, designs, texts, photographs, graphics, logotypes, icons or software belonging to third parties purporting to be their owners upon their inclusion at the website.
2.3. In no case shall it be understood that the Users access or browsing entails any authorization or that a renunciation, conveyance, or total or partial assignment of said rights has been performed, or the granting of any right or expectation of any right, and more specifically, of the alteration, transformation, exploitation, reproduction, distribution or public communication of said contents, without the prior express authorization of KONGA MUSIC,S.L. or the corresponding title-holders.
2.4. KONGA MUSIC,S.L. does not authorize the establishment of links to its portal unless specific consent has been solicited. KONGA MUSIC,S.L. will assess whether the referring pages from which the intended link comes meet all the conditions for the aforementioned authorization. Those links permitted to be established must always be made to the main web page of KONGA MUSIC or if applicable to that page that KONGA MUSIC,S.L. itself indicates and this link shall be absolute and complete in such a way that it links the User to KONGA MUSIC which must completely cover the full extension of the screen of the homepage.
2.5. KONGA MUSIC,S.L. shall not be liable for the contents of the destination websites established by links at the website nor indeed for the infringements of third-party rights for which those sites may be liable.
3.- Liability of KONGA MUSIC, S.L.
The user agrees and accepts that it shall be fully liable for the use of the website. KONGA MUSIC,S.L. shall only be responsible for the damages that the User may suffer as a consequence of the use of the website when this damage is attributable to a fraudulent action of KONGA MUSIC,S.L.. However, KONGA MUSIC,S.L. declares that all necessary measures have been adopted within their means and state of the technology to ensure the functioning of the website and to avoid the existence and transmission of virus and other components which could be harmful to the User.
4.-User Obligations
The User must use the content of the website diligently and lawfully and undertake to refrain from the following:
a) Using the contents for purposes contrary to the Law, ethics and accepted principles of morality or public policy.
b) Reproducing or copying, distributing, allowing public access by any means of public communication, transforming or modifying the content unless prior authorization has been obtained from the titular owner.
c) Using the contents of the website to send publicity, communication for direct sales purposes or for any other commercial purpose, unsolicited messages directed at a group of persons, regardless of the objective, also refraining from commercializing or divulging said information in any manner or form.
5.- Applicable Law
The relationships established between the User and the website owner shall be governed by the provisions of the rules in force in the matter of applicable laws and competent jurisdiction. Nevertheless, in cases where the law provides for the possibility of allowing the parties to choose a jurisdiction voluntarily, KONGA MUSIC,S.L. and the User expressly waive their right to judgment in any other jurisdiction to which they may otherwise be entitled and subject themselves to judgment in the Courts and Tribunals of the City of BARCELONA. The regulations of the Spanish legal system shall be applicable in all cases.