Terms and conditions for Users of “Classicspark”
1.-Identification, acceptance and access to the website
These Terms and Conditions (hereinafter, the “Terms and Conditions” or the “TyCG”) regulate the 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: email@example.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 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 acceptance of them.
Only those users who are of legal age or who are under 14 years of age, 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 with Classicspark.
will be called “Organizerany user registered in Classicspark who organizes through the platforms (www.classicspark.com and www.classicspark.live) any of the Events contemplated within them
be referred to as a “BuyerAny registered Classicspark user who purchases tickets sold by an Organizer through Classicspark to attend their Event will
The present 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 and live events through donation, payment (sale of tickets) or free; organization and conduct of online classes with fee collection, formation of groups, exchange of information, possibility of finding services related to classical music, placement 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
Calendar of concerts
Organization and attendance at paid or free events/classes
Organization of groups
Advertising and/or advertisements
Purchase of tickets for concerts
Live/streaming concerts through the Website
Sale of Videos on Demand (VOD) and CD's
To access the content, the User must register at www.classicspark.com.
4.- User Account.
Browsing through the websites (www.classicspark.com and www.classicspark.live) is free.
www.classicspark.comUsers have the possibility of creating an account on the website 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.
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 be able to access their Account. The use of third party data without their prior consent is strictly prohibited.
The User will be solely responsible for compliance with each and every one of the tax 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 account access codes or passwords
Users shall be fully responsible for the use of their User account. Consequently, Users are responsible for the proper custody and confidentiality of the Username and/or passwords that allow access to their account, and undertake not to assign their use to third parties, either temporarily or permanently, or to allow your access to third parties.
By virtue of the foregoing, Users must immediately notify Classicspark via email firstname.lastname@example.org 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 its cancellation or blocking and/or disabling as soon as it becomes aware of the improper use of your User Account.
As long as such facts are not communicated, Classicspark will be exempt from any liability that may arise from the improper use of Usernames or passwords by unauthorized third parties.
In any case, the access and/or use of the Websites carried out under the access code or password of the registered User will be deemed to have been carried out by said User, who will be responsible in any case 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, as established by Classicspark.
Classicspark has the right to request any proof and/or additional 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 disqualification, the user will be removed from the Websites, without this generating any right to compensation.
5.- Behavior of Users on the Website
Users undertake to make lawful, diligent, honest and correct use of whatever information and/or content they make available and to which they 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, calendar of dates, tickets, general publications and in its entirety, 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 acts related to criminal offenses that contravene good faith, that breach current regulations and these Terms and Conditions, Classicspark reserves the right to unsubscribe said Users, and may also 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 about Classicspark Services.
descriptionsof the tools and functionalities on the Websites have a merely informative function.
The prices/commissions and the availability of any product or service in the network can be modified at any time, viewing 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 by completing the registration form with the data requested, and follow the steps for the purchase, sale and/or payment of the services in which they are interested.
7.1. Prices and payment method
All prices indicated through the Websites are expressed in Euros, US Dollars or Sterling Pounds and include VAT and other taxes that may apply.
In the case of events and advertising, payments will be made through the Mangopay POS (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 its details, payment method used , as well as the corresponding invoice or proof once the transaction has been formalized, that is, after 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 email@example.com, in the shortest possible time so that Classicspark can carry out the appropriate procedures.
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 ticket sales for that Event, plus taxes on such 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) .
The commission to be charged in the case of Concerts and Musical Encounters will be €1.05 (one euro and five cents) plus 4% on each ticket sold. The commission to be charged in the case of Classes will be €1.5 (one and a half euros) plus 4% on each ticket sold. The profit obtained from the commissions of the classes will go to donations of social works, currently Barrios Orquestados (www.barriosorquestados.org).
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 tax corresponding 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 case of requests or claims.
In the event that the Event is officially canceled by the Organizer, the money paid for the purchase of tickets will be automatically refunded to the Buyer.
7.3 Right of withdrawal.
Buyers may request a refund of money ("refund request" button) within a period of up to 3 days (three days) after the end of the Event.
However, it will only be the Organizer who accepts or rejects a refund request. Classicspark will never decide on refund requests; It will always be the Organizer who decides on it.
Upon acceptance of a refund request by the Organizer, Classicspark will refund the money paid for the purchase of tickets to the Buyer. Classicspark will have a period of 14 (fourteen) days for this from the date of acceptance of the request for reimbursement by the Organizer, and may extend this period for reasons of force majeure.
In case of rejection or silence to a refund request, the Buyer may raise a dispute from the third day after the event/class and for a period of three days. In order to submit this request, Classicspark will have a link in the same window of the event. From the moment a dispute is raised, the funds will be frozen pending the resolution determined by Classicspark, which may be: the return of the full payment, the rejection of the request (with its consequent payment to the organizer) or the partition in equal parts and payment for each of those involved.
Buyers may contact Classicspark directly via email to express their dissatisfaction or claim regarding any Event or Organizer.
7.4 System of payments, transfers and withdrawals
Classicspark works with Mangopay to make payments, transfer funds between users and withdrawals to each user's personal bank account.
Mangopay, depending on the type of profile of each user (Individual, Sole propetier, Business or Organization), will require a specific KYC (“Know your customer”) process to verify identity and data. This process translates into the request for data and identity and/or company documents and is to maintain a safe environment free of money laundering in accordance with Spanish and European regulations.
All decisions regarding KYC (acceptance, rejection, request for more or other documentation) are exclusively required by Mangopay. Classicspark does not make decisions in relation to this therefore it is released from all responsibility.
In the case of Sole propetier, Companies and Organizations profiles, Mangopay will charge a fee of €2.50 for each KYC that corresponds to the document verification fee and that Classicspark will subtract from the total withdrawn by the user. This charge is only charged once, as long as the user does not change their data and requires a new KYC verification. For the rest of the profiles there is no cost for the KYC.
In the event that users link a bank account that is not an IBAN, Mangopay will also charge a fee of €2.50, which Classicspark will deduct from the total withdrawn by the user. This charge is for each withdrawal made. For IBAN bank accounts there is no cost associated with the withdrawal.
By accepting the following TyCG you also accept the General Conditions of Mangopay presented at the following address: https://classicspark.com/site/mangoPayAgreement
8.- Intellectual and Industrial Property related to the Websites
All rights over the content, design and source code of the Websites and, especially, including but not limited to, its 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 contents 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 to the rest of the Users and the general public such 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, adapt, or translate all or part of the musical content 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 laws in force 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 apply to them as a result of this contractual relationship.
All content that is shared by Users, whether audiovisual, image, scores, etc. and that it is subject to intellectual and industrial property/copyright must be free of rights. Therefore, each User hereby agrees not to share any content with copyright or intellectual rights unless they have paid for said rights or have express permission.
9.- Exclusion of responsibility and guarantees
Classicspark does not grant any guarantee nor is it responsible, in any case, for damages of any nature that may arise from the use of the Websites by Users.
Among others, and merely by way of example and not limitation, Classicspark is not responsible for:
Breakdowns and incidents caused by the lack of due diligence on the part of the Users or by the improper use of the Websites.
All information and/or content, images, music published in the User's account and/or profile on the Websites. That is to say, 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 nature that may be due to the lack of availability or continuity of the 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 the Users in any of the events, concerts, etc. organized through, on or by Classicspark.
The illicit, negligent, fraudulent use, contrary to the terms of these Terms and Conditions of the Websites by the Users.
Cases of force majeure, understood as the failure, suspension or interruption of the services or use of the Websites, as a result 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 that prevent the normal use of the Websites.
The cancellation or suspension of services of 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 any incident that may arise.
9.1 Suspension and cancellation
Classicspark may temporarily suspend access to the Websites without prior notice due to maintenance, repair, update 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 nature that may be due to lack of availability or 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 deletion 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 result 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 which repeals Directive 95/46/EC (General Data Protection Regulation), 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 Websites may contain hyperlinks that allow the User to access the Web pages of third parties. 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 found.
Classicspark reserves the right to make as many modifications as it deems appropriate in these Terms and Conditions, in which case the Users will be notified.
These modifications will be valid from their publication on the Websites.
clause All the clauses or extremes of these conditions of use must be interpreted independently and autonomously, not being affected the rest of the stipulations in case one of them has been declared null by judicial sentence or arbitration resolution sign. 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 consolidated 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.