TERMS AND CONDITIONS

Set Somixx S.L. General conditions

I. Introduction
General Conditions of Somixx Set S. L.
The present document constitutes a legal contract between you and the Somixx Set S. L. which establishes the terms and conditions that control the use of the music store located at www.somixx.com.
Before using the service you must accept the General Conditions of Somixx Set S. L.  To accept the terms of the contract you must click on “ I accept”. If you do not accept the terms, do not click on “I accept” nor use the service provided.
PLEASE READ THOROUGHLY THE CONDITIONS OF USE BEFORE USING THE PRESENT SITE. THEY MIGHT SEEM VERY TECHNICAL AND FORMAL BUT THEY ARE OF VITAL IMPORTANCE. USING THIS SITE MEANS YOU ACCEPT TO BE GOBERNED BY THESE CONDITIONS OF USE.
The translation of this document into English or other languages is to provide an informative document. In the case of discrepancy or disagreement, the only version of the document which is binding and is valid for your relation with Somixx Set S.L. is the Spanish version.

II. Definitions
www.somixx.com is a web page of Electronic trade property of Somixx Set S.L. with head office in Igualada (08700), Sant Marti de Sesgueioles, number 17 and NIF lumber: B-65085839, ( in further somixx.com) dedicated to the distant sell of music through downloads that the client picks from a catalog located in their web site and to the management of the spaces in servers with whom he has contracted the services for related activities with the electronic trade of music.
The client is the person or corporate entity that contacts the products and services commercialized by www.somixx.com.
The user is the person that uses the web page of www.somixx.com as a visitor or as a client of any of the offered services.
The suppliers are persons or corporate entities that use the services of www.somixx.com to put at the disposal of users or final clients their products or services. 
The products and services, are the benefits that www.somixx.com offers their clients, suppliers and users from their web site.

III. Conditions of use
1.    Age requirement
To be able to register and use the service in your own name, you must be an adult. If you are between 13 and 17 years old, you must show this contract to your parents or legal tutors, and they should click on “I accept” to accept this contract in their name. The minors under 13 years old can’t register to the page and neither the parents nor legal tutors can register in their name.  If you are a parent or a legal tutor and you accept this contract in benefit of the under age, you should take into account that you will be totally responsible of the use that you do of this service, including financial charges and legal responsibilities that the underage can contract.
2. Products and sevices description
In the somixx.com web site, you will be able to listen to samples and obtain digital downloads of sound recordings with a previous charge
(“tracks”), you will also find various related digital contents (“materials”).
The use of somixx.com web site offers to individuals the opportunity to participate in the Somixx social community and the access to various contents such as our digital magazine, the information, news service and the online radio. 
Somixx.com offers the possibility of renting spaces on the portal and contracting the services of management, promotion and sale through music downloads and other contents online to professionals of the sector, mainly authors, artists and independent labels.
All downloads purchased in somixx.com, including tracks and materials are only for personal use not for commercial use.
Somixx.com does not provide the equipments, devices or Tools required for the acquisition of the products and services that offers.
You are responsible for any hardware, system and/or software programs that you use and of any necessary cost or expense:
a)    to be able to connect yourself and search or any other Internet use, and/or
b)    to access the pages where the service is offered, and/or
c)    to search, classify, download, reproduce, record or transfer the tracks or available materials through the service. 
The service is not a part of any other offer or product and as such the purchase or the obtaining of any other product will not be considered to represent o guarantee the access to the service. Now and then you will have to install the available software through the service to improve the accessibility of the content. 
3.    Information and data
Somixx.com reserves the right to modify the contents, products or services commercialized from the web page, as well as the presented commercial offers at any time. Somixx.com puts all the efforts to offer veracious information and without typographic mistakes in the website. In the case that one of these errors occurs, foreign to the will of somixx.com at all time, we will proceed to the immediate correction. If there were typographical errors in some of the shown prices and if any client had taken the decision of purchase based on the error, somixx.com will get in contact with the client to inform of the error and the client will have the right to cancel their purchase without any cost on their part.
The contents of the web page could, occasionally, show provisional information about some products. In the case that the information provided does not correspond to the product characteristics, the client will have the right to cancel their purchase without any cost on their part.
Somixx.com is not directly or indirectly responsible of any of the information, contents, statements and expressions that the products commercialized by somixx.com contain. The above mentioned responsibility falls on authors, manufactures, producers and distributors of the above mentioned products at all time. The client understands that somixx.com is a mere intermediary between him and the author, manufacturer or distributor.
Warning on inappropriate material. On having used the service, you might find some inappropriate, indecent or offensive content that can be or not be identified as explicit language. You agree to use the service under your own responsibly and somixx.com does not assume any responsibility of the inappropriate, indecent or offensive content that you could find.
4. Registration data and accounts.
To be able to use the service you must register and provide some information (for example, a user name, password, invoicing information and a valid email address) in (“registration data”) of somixx.com in order to create an account called “ My account”.

You will be able to decide when you create your account if you want to join the social network of somixx, if not, we understand that you resign to use the services provided by the social network and that you wish that your profile is kept privately and that it’s only used for the purchases realized on the web. Nevertheless, the user can revoke his decision at any time using the tools of the system to choose the option that he prefers. 

You agree to provide the current certain and complete registration data when you register, committing yourself to update them when necessary. Somixx.com can cancel your account and some or all the rights of the service if the information that you have provided is imprecise, false or incomplete. You accept that somixx.com will save and use the registration data that you have provided for the invoice payments to your credit card and the maintenance of the accounts.

5. Account security

The account is personal and non-transferable. You are the only one responsible to maintain confidentiality and security in your account. You accept to notify immediately somixx.com of any unauthorized use of your password and/or account. Somixx.com is not responsible of the losses that can occur by the unauthorized use of the registration data or the account. You accept and exempt any responsibility including  compensations to somixx.com, to his partners, corporations, subsidiaries, agents, affiliate and/or trademark license holders, if it’s necessary for any inappropriate, unauthorized or illegal use. Don’t try to get an unauthorized access to the site neither provide your information and password to another person. If you help others or distribute instructions, software or tools to achieve it, somixx.com will cancel your account. 

6.  Consent to communicate with you by email.

When you establish an account to somixx.com and every time that you purchase through our web page, you authorize somixx.com to get in contact with you on your email address. 

7.    Privacy policy and data protection.

The personal data that somixx.com obtains will be the necessary to provide the service and will be integrated in a computerized file that is properly registered and for which SET SOMIXX S.L. is responsible. .

The user by checking the corresponding box in each case, he specifically freely and unmistakably accepts that his personal data will be used by somixx.com for the carrying out of the aims in which they have been provided. Likewise he guarantees that the personal data provided is certain and assumes the commitment to communicate any modification of them. In the case that the data is imprecise, incomplete or not necessary for the purpose of which they were provided, somixx.com will cancel them, erase them or block them if necessary.

In the case that the user authorizes it previously and expressly, the obtained data might we used to offer the required services  and also to keep the user informed over news, services and contents of somixx.com, attending to the preferences that he indicates.

Somixx.com guarantees the user that his personal data will not be, in any case, provided to third parties without a previous and express consent request, informed and unequivocal for the concrete agreement. Nevertheless, somixx.com will be able to reveal personal data to competent public authority as well as any other information that is in their power through out their computer systems, with previous requirement, according to the applicable legal regulations.

The user will have the right to access, opposition, rectification and cancellation of his data, recognized in the articles 15 to 27 of the LOPD. These rights can be put into practice by the user at any time in a free cost way through out sending a letter with a copy of the ID card, addressed to:


Set Somixx S. L., c/ Sant Marti Sesgueioles, 17. Igualada (08700).


8. Regulation on use of the content

The use of the service, content, software, tracks and materials as well as all the rights that have not been granted explicitly in this contract are reserved to somixx.com and/or to their trademark license holders.

All music downloaded or sampled and all software, graphic material, graphics, videos, text, interfaces, registered labels, logotypes, images, photographs and any other element on the somixx.com web site (content in general) including among others the design, the choices, organization and coordination of the content on the web site is property or license of somixx.com and it is protected by the industrial property laws and intellectual property. Without previous written authorization by somixx.com, and except what is indicated in this contract, the content cannot be transmitted/translated, shown publically, loaded, published, recorded, broadcasted, rented, sold, distributed, digitalized, commercialized, reproduced, altered to create new works, interpreted or compiled in any way in another computer, web site or in any other commercial environment.    

You commit yourself to respect the Regulation on use of the content of Somixx.com that reserves the right to impose and modify the mentioned procedure without previous notice, so the user will have to consult from time to time the updates. The access to and/or use of any track will be limited by the Regulation on use of content of somixx.com that have been assigned to the track and that are described in this paragraph. Neither try nor support the attempts of others of deciphering, engineering applies reverse, to evade, to alter or to interfere any software necessary for the utilization of the service or of the procedure of use.

A "Sample" is a promotional portion of a track, in some cases; the entire track is available while you are connected to the service. The samples also can be a musical promotional video. They do not endure any expense and can be reproduced but not captured. Neither try nor support the attempts of others of downloading, copying or capturing a sample.

A "download" is a bought track or another digital material that you can transfer to a portable compatible device, guard on your  hard disk with an unlimited time of reproduction or record in a CD / DVD or any other suitable device for it. Somixx.com is not responsible for the lost, damaged or destroyed downloads. Any safety technology that is provided with a download is an inseparable part of the download. The capacity of download does not restrict the rights of the owner of the author's copyright of the tracks or materials or any graphic incorporated in them.

The authorization to use the downloads is exclusively for personal and not commercial use. The downloads are strictly limited for the personal use, any other type of use or distribution is not authorized and infringes the laws of intellectual property and the author's copyright.

Every digital download is an individual sale and is subject to the terms of  the service of this contract. Every purchase of a digital download that you realize will be considered to be an independent transaction and every delivery of a digital download will constitute an independent sale, even if the delivery is the total or partial fulfillment of the order.

All the sales are final and all the charges of the mentioned sales will not be reimbursed.

9. Prohibited uses from digital downloads.

You are not authorized to realize acts of reverse engineering, decompiling, disabling, modifying or deactivating any copy protection or  limitation system of associated use with the downloads. You are not authorized to reproduce and further re-digitize the downloads. You are not authorized to create "derivative works " altering the content. You are not authorized to use the downloads together with any other content of third parties. YOU ARE NOT AUTHORIZED TO LOAD DOWNLOADS ON INTERNET. IT IS STRICTLY PROHIBITED TO SHARE FILES IN NETWORKS PEER-TO-PEER (P2P) and any other way of sharing and transferring files downloaded into the network to devices for the above mentioned intention.

10. Loss of the rights on the part of somixx.com

Somixx.com can lose, at any time, the right to provide certain tracks and / or materials. In such a case, you will not be able to access to these tracks/materials from the function of file of somixx.com or to obtain them from the catalogue of the page.

11. Payment contract: charges and invoicing.

You agree to pay all the products that you buy through the service and somixx.com can load in your credit card all the purchased products and any additional quantity (including taxes and the late payments, when it proceeds) that could be accumulated for or in relation with your account. With this contract you authorize somixx.com to load in your credit card what we previously mentioned according to the convenience of somixx.com, but in 30 days from the authorization of the credit card. YOU ARE  RESPONSIBLE FOR PROVIDING A VALID CREDIT CARD AND TO CARRY OUT ALL PAYMENTS PUNCTUALLY. To your discretion, somixx.com can register the charges on a individual way or can add them to other purchases that you do with the service. If any invoicing information changes, it is your responsibility to update the information in the pertinent section of the "user account" You are responsible for any charges realized by third parties on your account and the only responsible one of supporting the safety and the confidentiality of your account.

The purchases lower than 4,00 Euros or 5 tracks, will take a charge of an amount of 0,35 €  as to expenses of transaction.

12. Forms of payment and terms of the credit card

Somixx.com does not accept cash, wire transfers, checks or any other form of payment different from Visa cards and Master Cards or gift certificates or discount accounts. Somixx.com saves the right to change this policy at any time. You agree to pay all the payments and charges that are associated with your purchase, (including the pertinent taxes imposed), with the current prices at the moment of the order.
You are responsible for any unauthorized quantity invoiced in your credit card by third parties. As the holder of the contract of the issuing entity of your card  they governs the use of the designated card and so you must consult their contract and not this one to determine your rights and responsibilities as the holder of the card. The obligation to pay the products or the orders of digital downloads accepted by somixx.com will survive to your cessation of the terms of  the service.

13. Applicable taxes

The prices don’t include rates nor taxes, these will be added automatically by the system in the moment of the purchase bearing the origin of the user:
User registered in Spain: to every purchase 16 % of the value will be added to Tax to the Added Value (VAT).
User registered inside the European Union: To every purchase 16 % of the value will be added to Tax to the Added Value (VAT).
User registered in any another part of the world: no cost is added by taxes
.

14. Signatures and electronic contracts.

The use of the service somixx.com includes the possibility of signing the contract and / or of buying electronically. You accept that any sending that we do for the electronic purchases constitutes your intention and acceptance of the obligations, of the terms of the contract and of paying for the above mentioned purchases. Your acceptance and intention of being subject to the electronic sending is applied to everything related to the transactions that you do in this page, including the cancelation notices, policies, contracts and requests.


15. Community functions / public zones.

Somixx.com has the right, but not the obligation, to control, to modify or eliminate any activity or content of the public zones or to restrict the access to other users to visualize the music, the collection of tracks/materials or the public profiles. Somixx.com neither is responsible   nor assumes any responsibilities on activities, contents, messages or preferences that you or other users publish in the public zone or in a public profile, or that send another user across a system of instantaneous messenger.
You are not authorized to use the service (or any part it), including, among others, the public zones) to load, to publish, to transmit, to visualize, to reproduce or to put to provide any message, content or material:
a) That is illegal, obscene, threatening, of a "not wanted” nature, slanderous or that invades the privacy;
b) that infringes meaningfully or not a commitment, fiduciary or confidential, or a duty with the third party;
c) that constitutes a political campaign or a commercial promotion or that contains software viruses or other computer codes designed to interfere in the functionality of any computer system; or
d) that infringes the rights of third  parties or harms, in some way, the minors. 

You cannot interfere or interrupt the service or any network connected to or for the service. A false email address is strictly prohibited and to mislead other users on your identity or the origin of a message or content.

16. Laws of intellectual or industrial property

All the contents, brands, logotypes, drawings, documentation, computer programs or any other element susceptible to the protection by the legislation of intellectual or industrial property, that  are accessible by the somixx.com portal, are owned by the company or to his legitimate holders and all the rights remain expressly reserved. The creation of links of hypertext (links) are expressly prohibited for any integral element of the web pages of the portal without Somixx.com's authorization, especially, to pages that need identification for the access, with exception of the principal page that will be the only one authorized to establish links.

In any case, Somixx.com saves all the rights on the contents, information, data and services that holds over them. Somixx.com does not grant any license or authorization of use to the User on his contents, information or services, different from the one that expressly is detailed in the present General Conditions.

17. Copyright infraction.

In case somixx.com receives a notification denouncing an infraction to the rights of intellectual or industrial property; the rights of image, intimacy or honor of a person or any another right; or if we discover that you have not respected the conditions of use of the service, somixx.com can suspend or cancel your account without previous notice and will not have any responsibility, for the suspension or ending in the terms described in this paragraph.

Somixx.com reserves the right to adopt measures that they find necessary and to implement checking systems of the fulfillment of any part of this contract (including, among others, the obligation of somixx.com to collaborate with a legal process related to the use of the service and / or of the products, and / or a demand of third parties that indicate that the use of the service and / or of the products is illegal and / or infringes the rights of third parties. You recognize and accept that somixx.com in fulfillment of the obligations will be able to collaborate with the competent authority and to reveal any information of record / information of your account that these authorities request conformity with the in force regulation.

18. Resignation of responsibility for the materials or web pages of third parties.

The service can include products, content and services of third parties available through the service of somixx.com. 
Somixx.com can also include links to web pages of third parties that are provided only and exclusively for convenience. 
Somixx.com does not assume any responsibility for the materials or web pages of third parties. The user knows and accepts that somixx.com is not in charge of evaluating or examining the content or the precision of the above mentioned materials or web sites.


19. Applicable legislation, competent jurisdiction and notifications

The present Conditions are ruled and are interpreted in agreement by the Spanish Laws. For any claim the courts and courts of Barcelona will be competent part. 
All the notifications, requirements, requests and other communications that the user wants to effect to Somixx.com will have to be realized in writing and will take notice of them when they have been received in the following address:

C/ Sant Martçi de Sesgaioles número 17, 08700 Igualada (Barcelona).


20. Good will and diligence clause

The parts promise to fulfill their obligations and to exercise the rights that are proposed within the present conditions in conformity with the most strict requirements of the good will and diligence clause.