Terms


1. Identification, acceptance and access to the website These Terms and Conditions (hereinafter, the "Terms and Conditions" or the "TyCG") regulate access, navigation and use of the Websites www.classicspark.com and www.classicspark.live, (hereinafter, "Websites") owned by Classicspark SL (hereinafter "Classicspark"), with CIF B06916647 and address at Plaça Universitat 3, planta 6 08007, Barcelona, ​​Spain. You can contact Classicspark through an email sent to the address: contact@classicspark.com. Any natural or legal person, Group, Service or Institution that accesses or uses the Websites assumes the condition of User (hereinafter, "User"), which implies acceptance of these Terms and Conditions, as well as the different modifications and / or additional legal texts that Classicspark may include in the future. The access and use of the contents and services after the entry into force of their modifications or changes in the conditions imply the acceptance of the same. Only those users who are of legal age or who are under 14 years old and have the consent of their parents or legal guardians and have correctly completed the registration process may use the tools, functionalities and contract services, and register in Classicspark. On the other hand, any user registered in Classicspark who organizes through the platforms (www.classicspark.com and www.classicspark.live) any of the Events contemplated within them will be called “Organizer”. Any registered Classicspark user who purchases tickets sold by an Organizer through Classicspark to attend their Event will be called a “Buyer”. 2. Object These Websites have been developed by Classicspark in order to make available to Users a series of tools and functionalities related to classical music, such as: social interaction, promotion of activities and content, organization and realization of online events and live through donation, payment (ticket sales) or free; organization and realization of online classes with collection of fees, group formation, information exchange, possibility of finding services related to classical music, placing of advertisements, etc. The purpose of these Terms and Conditions is to regulate the relationship between Classicspark and the Users. 3.- Operation of the Website The Websites make the following tools and functionalities available to Users (among others): Information about the Musician or Musicians and their services Concert calendar Organization and attendance at paid or free events / classes Organization of groups Advertising and / or advertisements Purchase of tickets for concerts Live / streaming through the Website Sale of Videos On Demand (VOD) and CD's To access the content it will be necessary for the User to register at www.classicspark.com. 4.- User Account. Navigation through the websites (www.classicspark.com and www.classicspark.live) is free. Users have the possibility of creating an account on the website www.classicspark.com through an online form that must be completed with the data required therein. To register on the Website www.classicspark.com, the User must create an account, providing different information such as name, telephone, email, etc., and choose a password to access the Websites. Registration will be done from the website www.classicspark.com . Users guarantee that their data will be true, accurate, current and complete. In the event that the User registers with false information, or does not provide the required documentation, they will not have the possibility of accessing their Account. The use of third party data without their prior consent is strictly prohibited. The User will be solely responsible for the fulfillment of each and every one of the fiscal obligations and duties that correspond to him, regardless of the country where he resides. The User agrees to comply with its tax obligations and Classicspark is exempt from any liability arising from this matter and as a consequence of the contractual relationship between the parties. 4.1- Custody of codes or passwords to access the account Users will have full responsibility for the use of their User account. Consequently, Users are responsible for the adequate custody and confidentiality of the User name and / or passwords that allow access to their account, and they undertake not to assign their use to third parties, whether temporary or permanent, or to allow your access to third parties. By virtue of the foregoing, Users must immediately notify Classicspark via email contact@classicspark.com of any improper use of their Username and / or password, due to circumstances such as theft, loss or unauthorized access to them, so that Classicspark can proceed to cancel or block them and / or disable them as soon as the improper use of your User Account is proven. As long as such events are not communicated, Classicspark will be exempt from any liability that may arise from the improper use of User names or passwords by unauthorized third parties. In any case, the access and / or use of the Websites made under the access code or password of the registered User will be deemed to have been made by said User, who will be responsible in all cases for said access and use. 4.2- User Profile Once the User has created an account to access the Websites, they will have access to a profile where they can complete their data, in accordance with the provisions of Classicspark. Classicspark has the right to request any additional proof and / or data in order to corroborate the Personal, Institutional or business and / or tax data as well as to temporarily or permanently suspend those users whose data could not be confirmed. In cases of exclusion, the user will be terminated from the Websites, without generating the right to any compensation. 5.- Conduct of Users on the Website Users undertake to make lawful, diligent, honest and correct use of all the information and / or content they make available and to those who have access through the Websites, and all this under the principles of good faith and respecting at all times the current legislation and these Terms and Conditions. Likewise, Users are solely responsible for the information and content (music, organization of events, classes, date calendar, tickets, general and full publications, etc.) published in their User account on the Websites. Classicspark reserves the right to deny any attempt to access the Websites, cancel accounts, delete or modify content, or cancel the provision of services in cases where there is an incorrect use of the Websites, as well as if it has indications that the User is under 14 years of age. In the event that Classicspark detects any anomaly or there are well-founded reasons that a User is carrying out any fraudulent acts or those related to criminal offenses that contravene good faith, that violate current regulations and these Terms and Conditions, Classicspark reserves the right to unsubscribe said Users, being able also to exercise all legal actions that may correspond. Classicspark reserves the right not to grant Access to an Account when it has reasonable and well-founded reasons to believe that a User has violated these Terms and Conditions. 6.- Information on Classicspark Services. The descriptions of the tools and functionalities on the Websites are for informational purposes only. The prices / commissions and the availability of any product or service in the network can be modified at any time, seeing the updated TyCG. The User will have the possibility of locating other Users, as well as the services that they themselves make available, through the search engines of the Websites, where there will be filters according to needs and / or preferences. 7.- Conditions of purchases, sales and payments in Classicspark Classicspark offers its functionalities and services for the entire national and international territory. Users who wish to make purchases, sales and / or payments for the different options offered on the Websites (www.classicspark.com and www.classicspark.live) and regulated in these TyCG, must register, completing the registration form with the data that is requested, and follow the steps for the purchase, sale and / or payment of the services in which they are interested. 7.1. Prices and method of payment All prices indicated through the Websites are expressed in Euros, US Dollars or British Pounds and include VAT and other taxes that may apply. Payments will be made through the virtual POS of the Santander bank (Credit / Debit Card). Once a payment transaction has been made, and within a maximum period of 24 hours, Classicspark will contact the User (via email) to confirm that the payment has been made correctly and describing the details of the payment, the payment method used, as well as the corresponding invoice or proof once the transaction has been formalized, that is, after the acceptance of these Terms and Conditions and the corresponding payment. The User must notify Classicspark of any undue or fraudulent charge on the card used in any payment, by sending an email to contact@classicspark.com, in the shortest time possible so that Classicspark can carry out the appropriate arrangements. 7.2. Financial and legal conditions for the organization of Events and participation in Events through Classicspark (Concerts, Meetings, Classes). Classicspark will charge the Organizer of an Event a percentage commission on the total amount received from the sale of tickets for that Event, plus taxes on said commission. The final value to be transferred to the Organizer by Classicspark will then correspond to the difference between the total amount received for the sale of tickets, and the commission charged by Classicspark plus their respective taxes = (Total Ticket sales) - (commission + taxes) . Classicspark will transfer the money to the Organizers once a week. However, Classicspark reserves the right to postpone the money transfer for reasons of force majeure. The commission to be charged in the case of Musical Concerts and Encounters will be 10% (ten percent) of the total amount collected from ticket sales. The commission to be charged in the case of Classes will be 3% (three percent) of the total amount collected from the sale of tickets. The tax to be paid by the Organizer on the commission charged by Classicspark may depend on the geographical location in which he has registered as a User. That is, it is possible to apply the corresponding tax to the respective country or geographical location that the Organizer has indicated when registering as a User in Classicspark. However, regardless of this, Classicspark will automatically charge 21% (twenty-one percent) of taxes, reserving the possibility of correcting this percentage in the case of requests or claims. Classicspark will charge the Buyer a management commission for a fixed value for the purchase of tickets, plus taxes on this commission. In Spain this tax (VAT) corresponds to 21% (twenty-one percent) on the value paid (Value Added Tax). The commission for the purchase of tickets will have a fixed value of € 1 (one Euro) for each ticket purchased. The total amount to be charged by Classicspark will then be € 1.21 (one Euro and twenty-one cents) for each entry. That is, € 1 (one Euro) of fixed commission plus € 0.21 (twenty-one cents) of taxes for the purchase of each ticket. In the event that the Event is officially canceled by the Organizer, the money paid for the purchase of tickets will be automatically reimbursed to the Buyer, discounting the fixed commission of € 1 (one Euro) charged by Classicspark and the taxes of 21% (twenty-one percent) mentioned in the previous section. In other words, Classicspark will be in possession of the commission charged and its taxes. 7.3 Right of withdrawal. Buyers may request a refund of money ("refund request" button) having a period of up to 3 days (three days) after the end of the Event. However, only the Organizer will accept or reject a refund request. Classicspark will never decide on refund requests; It will always be the Organizer who decides on it. Once a refund request has been accepted by the Organizer, Classicspark will reimburse the money paid for the purchase of tickets to the Buyer, discounting the fixed commission and the taxes mentioned in the previous sections (that is, Classicspark will remain in possession of this commission and its taxes). Classicspark will have for this a period of 14 (fourteen) days from the date of acceptance of the request for reimbursement by the Organizer, being able to extend this period for reasons of force majeure. In case of rejection of a refund request, the Buyer should contact the Organizer directly to clarify the situation. Likewise, after the period of 3 days (three days) after the end of the Event, the Buyer will also have to contact the Organizer directly to request a refund (the "refund request" button will no longer be available). Buyers may contact Classicspark directly via email to express their dissatisfaction or claim regarding any Event or Organizer. It is not possible for the Organizer to change the date of an Event. In the event that the Organizer is forced to modify the date of an event, it must cancel the respective Event and re-organize a new Event with the corresponding new date. 8.- Intellectual and Industrial Property relative to the Websites All rights over the content, design and source code of the Websites and, especially, with an enunciative but not limiting nature, their programming, editing, compilation and other necessary elements For its operation, the designs, logos, texts and / or graphics are the property of Classicspark. All the intellectual and industrial property rights of the tools, functionalities and content offered through the Websites are the exclusive property of Classicspark, or of third parties, in this case of Users who grant, through the acceptance of these TyCG, a license to use the intellectual property rights of reproduction, public communication, making available to the public and distribution of the contents (music offered by Users through the Websites, etc.) offered through the Websites to Classicspark , authorizing Classicspark to offer the remains of Users and the general public of said content on its Websites. Any use of these contents by a User, not previously authorized by Classicspark or another corresponding User, will be considered a serious breach of intellectual or industrial property rights and will give rise to the legally established responsibilities. In this way, Classicspark will not transmit, nor adapt, nor translate all or part of the musical contents of the Websites, in any medium and by any technical means, unless expressly authorized in writing by the corresponding User. Likewise, Classicspark declines any responsibility for the use made by Users who have registered on the Websites of the content published by other Users. Therefore, Classicspark and the Users undertake to comply with the provisions of Royal Legislative Decree 1/1996, of April 12, which approves the revised text of the Intellectual Property Law, regularizing, clarifying and harmonizing the provisions current laws on the matter, as well as in Law 17/2001, of December 7, on Trademarks and the complementary legislation on intellectual and industrial property, in the terms that correspond to them as a result of this contractual relationship. 9.- Exclusion of liability and guarantees Classicspark does not grant any guarantee nor is it liable, in any case, for damages of any kind that may arise from the use of the Websites by Users. Among others, and merely an enunciative and non-limiting title, Classicspark is not responsible for: Faults and incidents caused by the lack of due diligence on the part of the Users or by the improper use of the Websites. All the information and / or content, images, music published in the User's account and / or profile on the Websites. In other words, Classicspark denies any responsibility in terms of intellectual and industrial property / copyright on the rights of all the contents of the Users offered in their profile / account. The lack of availability, maintenance and effective operation of the Websites, excluding, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to the lack of availability or continuity of operation of the Websites. The degree of satisfaction on the part of the Users with the contents and / or services or offers of other Users. Of the events that may occur between Users in any of the events, concerts, etc. organized through, in or by Classicspark. The illicit, negligent, fraudulent use, contrary to the terms of these Terms and Conditions of the Websites by Users. Cases of force majeure, understood as the failure, suspension or interruption of the services or use of the Websites, as a consequence of the blocking of the Internet network, actions or omissions of third parties, or any other causes or circumstances independent of the will of Classicspark to prevent the normal use of the Websites. The cancellation or suspension of services on the Websites for reasons not attributable to Classicspark. In any case, Classicspark undertakes to offer all the necessary support to Users to reach a quick and satisfactory solution to the incident that may arise. 9.1 Suspension and cancellation Classicspark may temporarily suspend accessibility to the Websites without prior notice for maintenance, repair, updating or improvement operations. Classicspark is not responsible for the lack of availability, maintenance and effective operation of the Websites, excluding, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to lack of availability or lack of continuity of the operation of the Websites. On the other hand, in the event that, for any reason, the User decides to terminate this agreement with Classicspark, this User must process the elimination of the account from the Website www.classicspark.com. Likewise, Classicspark, once they request the elimination of the account, will send the Musician an email confirming said action. 9.2 Force majeure Classicspark is not responsible for cases of force majeure, understood as the failure, suspension or interruption of the use of the Websites, as a consequence of blocking the Internet network, actions or omissions of third parties, or any other causes or circumstances independent of the will of Classicspark that prevent the normal use and operation of the Websites. 10.- Data protection The User undertakes to comply with European and Spanish regulations on data protection, specifically REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016 regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and by which Directive 95/46 / EC (General Data Protection Regulation) is repealed, as well as Organic Law 3/2018 , of December 5, Protection of Personal Data and guarantee of digital rights, regarding those personal data to which you may have access as a result of the contractual relationship. The Parties respect the privacy of Users and will ensure that personal data is processed in accordance with current legislation and that they comply with the security measures necessary to guarantee the security of the data processed. For more information, you can consult the Classicspark Privacy Policy. 11.- Hyperlinks The Websites may contain hyperlinks that allow the User to access third-party Web pages. Classicspark does not assume any responsibility for the content, information or services that may appear on said sites, which will be understood to be offered exclusively for informational purposes by Classicspark, and that in no case imply any relationship, acceptance or endorsement between Classicspark and the people or entities that own such content or owners of the sites where they are located. 12.- Modifications Classicspark reserves the right to make as many modifications as it deems appropriate in these Terms and Conditions, in which case Users will be notified. These modifications will be valid from their publication on the Websites. 13.- Safeguard clause All the clauses or extremes of these conditions of use must be interpreted independently and autonomously, the rest of the stipulations not being affected in the event that one of them has been declared void by judicial decision or arbitration resolution firm. The affected clause or clauses will be replaced by another or others that preserve the effects pursued by the Terms and Conditions. 14.- Dispute resolution These Terms and Conditions are subject to Spanish law. The parties, in accordance with Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, submit to the Courts and Tribunals from Barcelona, ​​Spain.