Terms & Conditions

TERMS & CONDITIONS

Welcome to the Terms & Conditions (these “Terms“) for eryckarezzamusic.com (the “Websites”) operated by Vicente Murcia Rocamora whose principal place of business is C/Maestro Ventura Cartagena n6 San Fulgencio (Alicante) Spain.

Please read these Terms carefully before you start to use the Websites. By using the Websites, you indicated that you accept these Terms and our Privacy Policy (including our Cookies Policy) and that you agree to abide by them. If you do not agree to these Terms, please do not use the Websites.

1. These Terms

  • We may modify these Terms from time to time without notice to reflect changes in market conditions affecting our business, changes in payment methods, changes in technology, changes in relevant laws and regulatory requirements and changes in our system. Such modification shall be effective upon posting by Involved on the Websites. It is therefore important that you review these Terms regularly to ensure you are updated as to any changes.

2. Customer Responsibility

  • You agree to act in a responsible and legal manner when using the Websites. You shall comply with all applicable laws, regulations and rules and undertake not to use the Websites for any unlawful purpose, for the commission of any offense or crime under the laws of any jurisdiction to which access is obtained through the Websites or in a manner which is likely to cause harm, offense or nuisance to any other Internet user.
  • You agree not to use the Websites to:
    • post content that is patently offensive and promotes racism, bigotry, hatred or harm of any kind against any group or individual;
    • post content that contains violence, or offensive subject matter;
    • post or promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
    • post content or initiate communications which are unlawful, libellous, abusive, obscene, discriminatory or otherwise objectionable;
    • post content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;••
    • impersonate any person or entity or falsely state or otherwise misrepresent yourself, your name, your age or your affiliation with any person or entity;
    • use the Websites for any illegal purpose, criminal or tortious activity, including but not limited to, fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement or theft of trade secrets;
    • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
    • upload, post, email, transmit or otherwise make available any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programmes or similar computer code, files or programs designed to interrupt, destroy, limit or adversely affect the functionality of any computer software or hardware or telecommunications equipment;
    • attempt to gain unauthorised access to the Websites, in particular the non-public areas, the server on which the Websites is stored or any server, computer or database connected to the Websites;
    • attack the Websites via a denial-of-service attack or a distributed denial-of-service attack;
    • interfere with or disrupt the Websites or servers or networks connected to this, or disobey any requirements, procedures, policies or regulations of networks connected to the Websites
    • display on the Websites or use in connection with the Websites any materials which in any way infringe the copyright, other intellectual property rights or proprietary rights of a third party or which may otherwise render the Websites liable to the payment of damages to any third party.
      • Involved Productions reserves the right to investigate and take appropriate legal action against anyone who, in our opinion, violates this provision, including, without limitation, reporting you to appropriate law enforcement authorities.
      • We reserve the right to remove or suspend any material posted which is, in our sole opinion, in breach of this clause, or which we suspect to be in breach of this clause at our absolute discretion.
    • You represent and warrant that: (i) you own the materials and/or information posted by you on or through the Websites and (ii) the posting of your materials and/or information on or through the Websites does not violate the privacy rights, publicity rights, copyrights, contract rights, moral rights, intellectual property rights or any other rights of any person. You agree to pay for all royalties, fees and any other monies owing to any person by reason of any content posted by you to or through the Websites

3. Intellectual Property

  • The Websites contains intellectual property, which is the proprietary property of Vicente Murcia Rocamora (“Our IP”). This includes, but is not limited to, copyrights, trade marks, information about technology, and other proprietary rights, and may be provided in the form of text, graphic, audio and video downloads, links or source codes. Vicente Murcia Rocamora retains the rights to Our IP and reserves all rights in respect of same.
  • Subject to these Terms, we grant you a non-exclusive, non-transferable, limited, revocable right to access and use the Websites and the material displayed thereon. However, no right, title or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials.
  • All materials incorporated in or accessible through the Websites, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software and other content, and the compilation, collection, arrangement and assembly thereof (including the look and feel of the Websites), are owned, controlled or licensed by Vicente Murcia Rocamora, or by the original creators of such materials or their permitted licensors. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-use, transmission, republication, downloading, display, posting, performance or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited.
  • In respect of all content or material that you submit or post on the Websites you confirm that you have obtained the consent of any individual identified in such material to the posting of the material on the Websites.
    • Our IP is provided by Vicente Murcia Rocamora on an “as is” basis, and Vicente Murcia Rocamora expressly disclaims, to the extent permitted by applicable law, any or all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to any Our IP. To the extent permitted by applicable law, Vicente Murcia Rocamora excludes any or all responsibility and /or liability for any damages or loss of any kind whatsoever with respect to Our IP whether any of the foregoing are, without limitation, indirect, incidental, special, punitive, consequential or of any other kind whatsoever.

4. Suspension and Termination

  • We will determine, in our discretion, whether there has been a breach of these Terms through your use of the Websites. When a breach of these terms has occurred, we may take such action as we deem to be appropriate.
  • You agree that Involved Productions may, with or without cause and/or prior notice, immediately terminate your access to the Websites.

5. Indemnification

  • By accepting these Terms, you agree to indemnify, keep us indemnified and otherwise hold harmless Vicente Murcia Rocamora, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages, and all other losses, costs, changes, demands, proceedings, and actions, howsoever incurred by Vicente Murcia Rocamora arising from any claims or legal proceedings which are brought or threatened against us by any person resulting from (i) your use of the Websites; (ii) unauthorized access to the Websites or (iii) any breach of these Terms by you or any other matter relating to the Websites
  • In the event that your contributions to the Websites infringe any rights of any third party, you shall, at your own expense and at our discretion, either obtain the right to use such contribution or render such contribution free from infringement.

6. Disclaimers and Limitations of Liability

  • Unless otherwise agreed by us in writing, the material and content displayed on the Websites is provided on an “as is” and “as available” basis, without any guarantees, conditions or warrantees as to its accuracy or other terms of any kind. To the extent permitted by law, we, other members of our group of companies, our offers and directors and third parties connected to us hereby exclude:
  • Unless otherwise agreed by us in writing, the material and content displayed on the Websites is provided on an “as is” and “as available” basis, without any guarantees, conditions or warrantees as to its accuracy or other terms of any kind. To the extent permitted by law, we, other members of our group of companies, our offers and directors and third parties connected to us hereby exclude:
    • the content of the Websites is of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing;
    • that the Websites will meet your requirements, is error-free, without interruption or available at all times;
    • warranties as to privacy and security other than as stated in our Privacy Statement;
    • that you will be able to access or use the Websites at times or locations of your choosing; and
    • any warranties on the basis of oral or written information, representations or statements given by a Vicente Murcia Rocamora representative
  • any liability for any direct, indirect, consequential, special, incidental or exemplary loss or damage incurred by any user in connection with the Websites or in connection with the use, or results of the use of the Websites, any websites linked to them and any materials posted on them, including without limitation any liability for:
    • loss of income or revenue;
    • loss of business;
    • loss of profits or contracts;
    • loss of anticipated savings, the use of money or opportunity;
    • loss of data;
    • loss of goodwill or reputation;
    • wasted management, office time or personnel time;
    • work stoppage, computer failure or malfunction; or
    • any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
  • Nothing in this section 8 affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
  • While Vicente Murcia Rocamora endeavours to ensure that the Website is normally available 24 hours a day, Vicente Murcia Rocamora is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of the Websites or combination thereof, including any injury or damage to your or to any person’s computer related to or resulting from participation in connection with the Websites. Access to the Websites may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Vicente Murcia Rocamora control.
  • Vicente Murcia Rocamora will use reasonable endeavours to correct any errors or omissions as soon as practicable upon notification of them. However, we do not guarantee that the Websites will be free of faults and we do not accept liability for any errors or omissions. Neither we nor our licensors shall be liable for any errors, inaccuracies or delays in the Websites or any content, or for any actions taken by you in reliance thereon. In the event of an error or fault, you should report it by email to: hello@eryckarezzamusic.com
  • Vicente Murcia Rocamora reserves the right at any time to modify or discontinue, temporarily or permanently, the Websites with or without notice. You agree that Vicente Murcia Rocamora shall not be liable to you or any third party for any modification, suspension or discontinuation of the Websites

7. Governing Law

The Spanish courts will have exclusive jurisdiction over any claim arising in respect of, or related to, the Websites although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country. These Terms will be governed by and construed in accordance with the laws of Spain.

9. Linking to the Website

  • You may link to the Websites homepage’s provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in anyway so as to suggest any form of association, approval or endorsement on our part where none exists.
  • You may not mirror, screen scrape or otherwise reproduce all or any part of the website on any other site. Unless otherwise authorised in writing by us, you may not suggest any form of association, approval or endorsement of any website on our part.
  • If you wish to make use of material on the Websites other than set out above, please address your request to hello@eryckarezzamusic.com

10. General Terms

  • These Terms, which incorporate the Privacy Statement as well as our Cookies Policy, and any notices raised by us on our Websites from time to time constitute the entire agreement between you and Vicente Murcia Rocamora regarding the use of the Websites. These Terms supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein.
  • Should any part of these terms and conditions for any reason be declared invalid or unenforceable by a court of a competent jurisdiction, it shall be deemed to be deleted without affecting the remaining provisions.
  • The failure of Vicente Murcia Rocamora to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
  • We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Websites
  • These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms are personal to Vicente Murcia Rocamora and you.
  • Vicente Murcia Rocamora shall not be liable for delay or failure to perform any of its obligations under these Terms where and to the extent that such delay or failure results from any circumstances beyond its reasonable control.
  • Unless otherwise stated in these Terms, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.

11. Contacting Us

Please contact us at hello@eryckarezzamusic.com with any questions regarding these Terms or material which appears on our Websites.