I. GENERAL PROVISIONS.
1) The access to the ShareTheMusic.com service is provided in accordance with the provisions specified in this REGULATION, hereinafter referred to as “Regulation”, by Desh Sp. z o. o. company seated in Wroclaw, 53- 238, ul Ostrowskiego 13 D (hereinafter called Desh), registered at the Company Register conducted by District Court for Wroclaw- Fabryczna in Wroclaw, VI Commercial Division of the State Court Register under Company Number KRS: 0000304860, NIP 894-294-22-55. Correspondence address shall be: Desh Sp. z o. o., ul. Ostrowskiego 13 D, 53-238 Wroclaw.
2) The rules of use of ShareTheMusic.com Internet service, the area of responsibility of Desh Sp. z o. o. company and any other information are defined in the Regulation.
3) Using the ShareTheMusic.com service by the Internet web user shall be understood as the user’s confirmation that they have read, understood and accepted all the provisions hereof.
4) The complaints resulting from ignorance of the Regulation shall be examined and considered negatively.
II. INFORMATION ABOUT SHARETHEMUSIC.COM SERVICE
1) The ShareTheMusic.com service is a portal, which enables the registered users to share their favourite music, which shall be understood as expressing opinions as well as sharing, only and solely for the purpose of listening to, favourite music (tracks) by them to other registered users. The recipient-user shall have no possibility to multiply (copy, save and record) the tracks they listen to and the sender-user shall have no possibility to share the same track with more than one person at the same time. As a result, all the functionality of the ShareTheMusic.com service is a fully legal platform.
2) Additionally, ShareTheMusic.com service due to its function of a community portal provides users with the opportunity to establish contacts, express opinions and share information on the issue of the tracks shared and the tracks owned by them, as well as, creating the users’ own groups and communities and expressing themselves in a forum. Moreover, the service offers much other functionality connected with each other.
3) The ShareTheMusic.com service is addressed to all the Internet users in the whole world.
4) Detailed information on using the ShareTheMusic.com service is to be found at the address of HELP page.
III. GENERAL RULES
1) The person registered in the service and using its resources shall be defined as “user” in this Regulation.
2) Any individual (users) from all over the world, who intends to use the service, may register in the ShareTheMusic.com service. The user of an account may be an adult person or a minor after previous gaining parents’ or tutors’ permission.
3) Creating and using the account in the ShareTheMusic.com service is voluntary and free of charge.
4) In order to use the ShareTheMusic.com service actively (in particular to have a possibility to express oneself in a forum of the community, share the tracks with other users and to listen to the tracks shared), a user has to fill in the registration form, in which they shall give their personal data and shall declare that the data given is complete and consistent with the actual state. The user is obliged to make a statement specifying that they have read and that they accept this Regulation and they agree to observe it.
5) Desh Company shall maintain the account created on the condition that the user confirms e-mail address, given by him in the registration form, within 7 days from creating the account in a way defined in an e-mail sent to the user’s e-mail address by Desh Company.
6) The user’s confirmation of the e-mail address, given by him in the registration form, shall be considered as the statement of the authenticity and compliance with personal data, included in the registration form, with the actual state.
7) The user of ShareTheMusic.com service shall accept the use of Cookies solutions, during connecting with the website, in all cases on the condition they are used to profile the content or to save the user’s individual settings. The information available due to use of Cookies and then placed on the user’s computer, allows Desh Company to analyse anonymously a statistical activity of the user on the website, which contributes to the development and optimisation of the website.
8) Giving the personal data required during registration to the service is voluntary; however it is necessary to gain a user status.
9) The Administrator of the Personal Data defined in the registration form of ShareTheMusic.com service shall be Desh Company with its seat in Poland The Administrator informs that all user personal data shall be stored in the Administrator’s location/ in Poland.
10) Desh Company is processing the user’s personal data in a data collection registered at the general inspector of personal data protection pursuant to Article 40 of the Act of 29 August 1997 on Personal Data Protection (that is Journal of Laws of the Republic of Poland of 2002, No. 101, Item 926, as amended).
11) The user is entitled to access their personal data and to correct them, to actual update or to modify as well as to demand its deletion.
12) Desh Company is entitled to delete the user’s account on the condition of realising that personal data submitted in the registration form is not true.
13) Once the user requests Desh Company to delete his/her personal data submitted in the registration form Desh Company is no longer entitled to provide services related to ShareTheMusic.com and therefore is equal to the user’s consent to delete from the Service all information about tracks shared. Using again the blocked ID (Login) is not possible.
14) The user is given the access to their account after entering a correct login and password to the login form, which the user is setting individually during registration in the service. In case when a user forgets the login or/ and the password there is a possibility to regain them by filling the password recovery form. The user will receive a reminder by e-mail to the address defined during the registration in the service. It is not possible to forward the password once more to the user’s e-mail address different from the one defined by them neither during the registration nor in any other way.
15) The user declares that the name of their account shall not infringe the rights of the third parties and that any possible disputes against this matter shall be settled without participation of Desh Company. Desh Company may refuse to register the account with the specific name in the event when this name implies that other user has priority to register it over them.
16) By opening the account in the ShareTheMusic.com service, user agrees to use the account in accordance with binding legal regulations, social standards and the provisions hereof.
17) The user shall acknowledge that in the ShareTheMusic.com service they may present solely the tracks, which derive from a legal source and the possession of which does not infringe the rights (in particular copyright, the producer’s rights and the performers’ rights).
18) Desh Company reserves the right to an immediate removal of any information about resources published by user which may be in breach of the provisions of the Article III pt. 15-17) and if any other provisions hereof shall be violated.
19) In case of asserting a claim by the third parties on the grounds of infringement of their rights by sharing their track resources by user in the ShareTheMusic.com service, the user agrees to fully cover the costs of possible court proceedings, the costs of representation of a lawsuit and the damages awarded or determined by way of agreement in court. Desh Company shall notify the user at once about asserting a claim and it shall let the user decide about further proceedings including constituting their attorney.
IV. THE RIGHT AND OBLICATION OF THE USER
1) By using the ShareTheMusic.com service, the user declares that they have read and that they accept this Regulation and is obliged to observe it.
2) By filling in the registration form and their participation in the ShareTheMusic.com service, the user accepts the following activities:
a) Collecting, data processing, keeping, recording, sharing and removing their personal data by the Personal Data Administrator when it is essential for a proper functioning of the ShareTheMusic.com service and for the administrative and statistical purposes;
b) Processing their data (the Act of 29 August1997 on Personal Data Protection, “Journal of Laws of the Republic of Poland” of 1997, No. 133) by Desh company for the purpose of promotion, marketing, development of products and companies;
c) Diffusing user’s track resources free of charge on the conditions specified in the service and the Regulations herein to users through the medium of the Web;
d) Receiving unordered commercial information, marketing and publicity materials from the Personal Data Administrator and from the partners and contractors of the Administrator, as well as those ordered by other subjects, to the user’s email address specified during the registration as defined by Article 10 (2) of Act on Electronic Services Provision of 18 July 2002 (“Journal of Laws of the Republic of Poland”, No. 144, Item 1204). The consent mentioned above may be refused by user at any time and may be expressed once more by forwarding an electronic letter to the HELP section;
e) Using the processor and the Internet bandwidth by the ShareTheMusic.com service at the user’s computer or using other appropriate device used by the user while using the ShareTheMusic.com service for the purpose of facilitating the communication between users and in order to increase the efficiency of the ShareTheMusic.com system. Desh Company shall make all the efforts to protect privacy of the computer resources, which are used by the user to communicate but the company may not warrant their safety.
3) The user may at any time supplement, correct, modify or remove their resources of the shared tracks.
4) It is prohibited to place the contents, specified in the Article VI of the Regulation, in the user’s profile pages as well as in other parts of the ShareTheMusic.com service. The User shall be fully liable for the contents placed by them or through the agency of them in the ShareTheMusic.com service as well as for all the materials and information conveyed to other users and for mutual interactions with other users.
5) By using the ShareTheMusic.com service, the user is obligated to:
a) Observe the Regulation of the service;
b) Observe the binding legal regulations;
c) Respect the rights of other users of the ShareTheMusic.com service;
d) Keep the password, mentioned in Article III pt. 10) hereof, secret.
V. THE RULES OF PLAYING BACK AND SHARING THE TRACKS.
1) User is entitled to share their track resources with other individually chosen users provided that they derive from a legal source and:
a) Are not encumbered with the rights of the third parties and the third parties do not have any claims to them;
b) Are not in conflict with binding social standards;
c) Were not created by infringement of the law;
d) Do not infringe the rules defined in Article VI. 1 of this Regulation.
2) According to the law, the tracks played back by user, by using the ShareTheMusic.com service, can not be recorded, multiplied or distributed.
3) The user is not allowed to multiply (to create copies) their own track resources in order to share more than one track of one specific artist with the same title.
4) The user agrees not to play back in public the tracks, which were available to them due to the services of the ShareTheMusic.com service.
VI. PROHIBITED CONTENT AND ACTIONS.
1) The examples of types of content which is illegal are given below. The placement of the content mentioned above in the ShareTheMusic.com service or by agency of the service is prohibited. The prohibited content are these which:
a) are clearly abusive and which propagate racism, fanaticism, hatred or call to harm any groups of people or individuals;
b) propagate totalitarian systems, totalitarian symbolism or deny the existence of crimes of totalitarian systems;
c) show sexual abuse or violence towards people or animals;
d) are of pornographic nature or include a link to the website for adults only;
e) openly give information, which causes or constitutes a hazard to privacy or safety of any people;
f) are a cause of sending “junk mail”, “chain letters” or unordered collective correspondence, “spim” or “spam”;
g) promote criminal activities or undertakings or include instructions on illegal activities in particular such as: infringement of another person’s privacy, creating computer viruses and making them available;
h) Are intended for gaining other users’ passwords and identification data for the commercial and illegal purposes;
i) Infringe the rights of privacy protection, the right to commercial use of personal interests, the rights of trademark protection, and the rights arising from the contracts.
2) Solely Desh Company at their own discretion specifies which content shall be prohibited.
3) The user accepts that placing the specific content by them, allowed by the service may be considered a prohibited act in their country. The user shall be solely liable by this virtue.
4) The examples of kinds of business, which are illegal or running of which is not allowed in the ShareTheMusic.com service or by using the ShareTheMusic.com service are given below. The prohibited business includes among others:
a) Advertising or persuading users to purchase or to vend any goods or services by prohibited use of the services of the ShareTheMusic.com system. The users are not allowed to send chain letters or junk mail to other users. In order to protect our users from such publicity or persuasions, Desh company reserves the right to introduce activities to minimize those situations by reducing the number of emails, which user may send to other users in any twenty- four –hour period, to such a number as Desh company shall acknowledge proper at their sole discretion;
b) Bypassing, modifying, making efforts to bypass or modify, encouraging or helping other people to bypass or to modify the technology or the safety software of the ShareTheMusic.com service;
c) Using viruses, bots, bugs or other computer codes, files or programmes, which stop, destroy or limit work of the programme or the hardware or, which in any other way make it possible to use or access the computer or the computer net in unauthorized way;
d) Automation of the system use, including among others using scripts in order to add friends, sending comments or messages;
e) Interfering, disrupting or unnecessary overloading the ShareTheMusic.com service or the net or the services connected with the ShareTheMusic.com service;
f) Using the information received from the ShareTheMusic.com service in order to harass, insult or harm other person or a subject as well as making attempts to commit these acts;
g) Putting the commercial advertisements in the user’s profile, or accepting payments or other financial benefits from the third party for running commercial activity by user by an illegal use of the ShareTheMusic.com service and its services for the benefit of this party, such as: putting commercial content in the User’s Profile or sending private messages for the commercial purposes or using the ShareTheMusic.com service illegally.
VII. LIABILITY OF SHARETHEMUSIC.COM
1) Desh Company obliges to provide the highest quality services.
2) ShareTheMusic.com shall not be liable for:
a) The consequences of improper use of the ShareTheMusic.com service by its users and in particular its use, which is illegal and contradictory to the provisions of this Regulation;
b) Content placed in the service by users ( comments, messages at forum, private messages and other);
c) Damage caused by the third parties as a result of their coming into possession of the access password to the ShareTheMusic.com service;
d) Using the information placed in the service by the third parties;
e) Desh Company is not liable for loss of user’s login (identifier) or the user’s password, which enabled the user to use the services defined in Article II. of this Regulation, or for coming into possession (independently on the method of their coming into possession) of the login and password mentioned above by the third parties.
3) Desh company reserves the right to:
a) Temporary disconnections of the ShareTheMusic.com service;
b) Interruptions and limitations while sharing the ShareTheMusic.com service, in particular when they are caused by:
i. A necessity to repair, develop, modify or maintain the equipment or the software;
ii. The independent reasons (acts of God, actions or omissions of the third parties).
c) Modification, removal or editing the information written by the user (forum, news, description of groups etc.);
d) Rejection, refusal of placing or removing all the content, which infringe this Regulation by Desh company, at their own discretion, and in particular when the contents include these specified in Article VI hereof.
e) Removal of the whole content of the ShareTheMusic.com service in exceptional cases;
f) Cessation of providing services within frames of the ShareTheMusic.com service after previously notifying the users on the pages of the ShareTheMusic.com service;
g) Making the user’s data available to the entitled bodies in case when it is obligatory due to the binding legal regulations.
VIII. DISPUTES.COMPLAINTS.
1) The users are solely liable for mutual interactions with other users of the ShareTheMusic.com service. Desh Company shall not be a party to these disputes; however it reserves the right to enter to them.
2) The user may raise a complaint by filling in the complaint form placed on the website. A reply to complaint shall be forwarded to the user’s email address within two weeks. Lack of reply shall be understood as recognition of complaint legitimacy but it does not mean that user’s claims, related to the complaint, were recognized as legitimate.
3) Any disputes between the user and Desh Company arising from the Regulation or the services of the ShareTheMusic.com shall be disposed of by a court of competent jurisdiction for the principal office of Desh company in Wroclaw, Poland
4) The binding law of this service shall be the Polish law.
IX. FINAL PROVISIONS.
1) This Regulation shall be available to all users at the website address: http://www.sharethemusic.com/help/rules. Desh Company reserves the right to modify this Regulation after publishing it at the address mentioned above. The modifications shall enter into force upon the lapse of two weeks from their publishing at the website.
2) In case of modifications of the Regulation, the Administrator shall notify users without delay by publishing uniform text of the Regulation in the pages of the ShareTheMusic.com service.
3) The user shall be entitled to the further use of the ShareTheMusic.com service provided that they accept the Regulation as a whole together with the introduced modifications. When the user has read and accepted the modified content of the Regulation, the user shall make a statement as follows: I declare that I have read the modified Regulation and I accept all its provisions. Making this statement by user shall be considered as declaration of will about a continuation of the contract with Desh Company. In the event that the user does not accept the modifications of the Regulation, it shall be considered as termination of the contract with Desh Company and shall be tantamount to blocking the account.
4) The Regulation shall enter into force from the day of its publication at the website of the ShareTheMusic.com service.
5) The user is entitled to resign from sharing their track resources in the ShareTheMusic.com service at any time, in particular when they do not accept the further modifications of the Regulation.
6) Any observations, comments and inquiries with reference to the ShareTheMusic.com and malfunction of the service shall be sent to the address: Desh Sp. z o. o., ul. Ostrowskiego 13 D, 53- 238 Wroclaw.
