- To make this document easier to understand, the following terms will have the following meaning:
- “User“: the individual or entity who accesses and/or interacts with the Website.
- “Playlists“: the music lists elaborated by INDIEMONO through the aggregation of songs sent by different Users.
- INDIEMONO offers its Users a service which allows Users to submit music for INDIEMONO to consider its inclusion in the Playlists that INDIEMONO elaborates and makes available to the public through its profile on different platforms, such as Spotify or YouTube, as well as on its Website.
- In addition to the above, INDIEMONO offers a service which allows Users to submit unreleased music for INDIEMONO to consider the inclusion of such songs in collaborative releases through its digital label Banana Music, or through other labels belonging to INDIEMONO’s partners.
- The submission of music through the Website does not guarantee that the song will be included in the Playlists or that the song will be released with INDIEMONO.
- In the same way, due to the large volume of music sent by Users, INDIEMONO does no guarantee that the song sent by a User will be listened to and evaluated by INDIEMONO’s team within a defined period of time, nor that the result of the evaluation will be communicated to the User.
- A User may not submit the same song more than once. Users acting on behalf of a music group must verify that the same song has not already been submitted by other members of the group.
- Music submitted must comply with the requirements indicated in the forms provided for submission.
- The provision of INDIEMONO’s Services is not subject to the creation of user accounts, although Users who wish to become Patreon Users must register with Patreon.
- Access to and use of the Website is only permitted for User over 14 years of age. By accepting these Terms and Conditions, the User represents that they are aged 14 or over. The User releases INDIEMONO from any liability in this regard and agrees to indemnify INDIEMONO against any third party claims arising from misrepresentations, including, but not limited to, the User’s age.
- The submission of music through the Website is only permitted for Users over 18 years of age.
4. TERMS OF ACCESS
- Access to the Website and submission of music does not require the User to register or to create a user account.
- However, access to the exclusive section for Patreon Users is subject to registration in Patreon’s platform. Such registration shall be governed exclusively by the provisions set out in Patreon’s policies.
- The User acknowledges that they are authorised and have sufficient legal capacity to register and accept these Terms and Conditions, and any other binding document on behalf of the entity or group the User represents.
- The User states that the information provided when submitting music through the forms provided on the Website is truthful and verifiable.
- The User represents and warrants that they will use their own legal name or the legal name of the entity they represent and that they will not use false identities or identities belonging to others without having the necessary authorization.
- The User agrees to hold INDIEMONO harmless against third parties in relation to any claim arising from false statements, including, but not limited to, the identity and age of the User.
- Likewise, in the event that the User acts on behalf of an entity or group, the User assumes express responsibility deriving from the authority to bind the entity or group to these Terms and Conditions, and indemnifies and holds harmless INDIEMONO from any action or claim such entity or group may bring against INDIEMONO.
- The User acknowledges and accepts that INDIEMONO does not control the use that the User makes of the Website nor does it have effective knowledge of whether the activity or the data or information that the User sends for processing in the Website and its possible storage in its servers is illicit and does not harm the property or rights of a third party. The User declares and guarantees that the data and information are their property or that they have an authorization or license that allows the User to process them.
- If the User knows or suspects that their identity is being used on the Website by unauthorised third parties, they must immediately notify INDIEMONO.
- INDIEMONO may deny the User access to its private area and/or the services and features offered through that area or through the Website, if the User fails to comply with these Terms and Conditions or with applicable law, and/or uses them inappropriately, without prejudice to any other rights and/or actions which may correspond to INDIEMONO whether in law or inequity.
5. WEBSITE TECHNICAL SPECIFICATIONS
- The Website is designed and prepared to operate in a computer system that meets certain technical specifications. In this regard, the User accepts that the Website has not been previously tested in its network environment. The User assumes full responsibility for any compatibility issues that may arise due to changes imposed by the User in that network environment.
- INDIEMONO reserves the right to make improvements, substitutions or modifications to any part of the Website.
6. INTELLECTUAL PROPERTY
- Rights on the Website:
- INDIEMONO itself, or as assignee, holds all the intellectual and industrial property rights for the Website and the Service, and their content (including but not limited to pictures, software, texts, trademarks or logos, colour combinations, structure and design of the Website, etc.). Exceptions to the above are those elements where the contrary is specified. In particular, INDIEMONO does not own the intellectual property rights over the music submitted by the Users through the Website.
- The User recognizes the ownership of INDIEMONO or any other third party of all its intellectual and industrial property rights and any other similar rights.
- The User understands and accepts that the Website contains information which is protected by exclusive rights. Unless INDIEMONO grants the User express written authorization, the User undertakes not to provide or facilitate or in any other way make the Website and/or the documentation related to it accessible to any other person, company, society, organization under any reason or motive.
- The User shall abstain from suppressing, altering, eluding or manipulating any protection device or security system that was installed in the Site and/or in INDIEMONO’s Service.
- The User is not entitled to any right under these Terms and Conditions over any of INDIEMONO’s products, systems or Services, or its trademarks or trade names.
- Rights on the music submitted by Users:
- The User assigns to INDIEMONO the rights of exploitation over the music submitted through the Website. This assignment includes the right of INDIEMONO to reproduce, publicly communicate and distribute the music by means of their inclusion in the Playlists that INDIEMONO makes available to the public through its profile on different platforms, such as Spotify or YouTube, as well as on its Website. Such rights are granted on a royalty-free basis, non-exclusively, with no geographical limitation and for the maximum period of time permitted by law.
- The User shall be solely responsible for any claims arising in the event that the music submitted by the User infringes third-party rights. The User undertakes to hold INDIEMONO harmless and to respond for all the damages caused to INDIEMONO and to other damaged third-parties.
- The User accepts that INDIEMONO may use the music submitted by the User to promote its brand in the market, identifying the User or the group or entity that the User represents as the author of the music.
- Protection against third-party infringements:
- INDIEMONO goes to great lengths to comply with all regulations that apply to providers of information society services. However, due to the amount and type of media uploaded to the Website at any given time, it is impossible for INDIEMONO to know whether any of its Users has committed a copyright infringement, given the disproportionate effort and responsibility in terms of content this would involve. Therefore, to comply with applicable legislation, INDIEMONO has included these clauses to make it easy for Users and third parties to submit a complaint should a copyright infringement have occurred.
- If the User considers that any of the content infringes their own copyright or copyright of a third party they represent, they can send an email to the representative INDIEMONO has designated for this purpose, using the email address provided at the end of this clause. The email must include as a minimum:
- An electronic signature and/or physical proof of the true owner of the copyright that has allegedly been infringed, or of the individual or entity they are representing and for whom they are authorised to submit a claim on behalf of the copyright owner.
- A description and the classification of the copyrighted material that has allegedly been infringed on the Website. If more than one infringement has occurred, INDIEMONO requires a list specifying each element that infringes the owner’s copyright.
- A description of the exact place on the Website where the infringing material is located, by supplying the URL or a direct link to the material.
- Contact details so that INDIEMONO can contact the User and/or the claimant.
- A statement from the claimant stating that the complaint is made in good faith and that they believe their copyright or the copyright of the owner they represent is being infringed, or that the material on the Website is infringing related rights, and that consent to use the material has not been granted by the true holder of the rights, or by their representative or agent.
- A statement confirming that the information stated in the email is true, accurate and verifiable, and that the claimant is duly authorised to report the matter.
- The alleged infringing party is entitled to submit a defence within fifteen (15) days following notification of the alleged infringement. In this case, the claimant will be notified of the fact, which could result in the possibility of submitting a claim in accordance with applicable law in force.
3. INDIEMONO has provided the following email address which any individual or company concerned should use for any claim and/or request related to intellectual and industrial property rights: email@example.com, firstname.lastname@example.org, email@example.com.
7. USER’S OBLIGATIONS
- The User undertakes to comply with the following obligations:
- To use the Website for the purposes established in these Terms and Conditions. It is prohibited for the User to use the Website for different purposes and, especially, to use it for any purpose that implies a violation of the law, morality or public order, a violation of the rights of third parties, including but not limited to the privacy or honor of third parties, or for the purpose of causing a damage.
- Not to assign, transmit or deliver, in whole or in part, the Website to third parties.
- Not to modify or alter all or part of the Website, or its codes, accessories or elements, except with the express permission of INDIEMONO.
- Not to alter or remove any notices relating to intellectual, industrial or any other kind of property rights that were included in the Website.
- INDIEMONO’s Website is designed so that it works with the latest technological requirements in hardware, software and communications that are mostly accepted by the market as standards, so the User should keep their installation adapted to the technological evolution of computer systems: new versions of operating systems, hardware requirements, updating of software applications from other manufacturers related to the operation of INDIEMONO’s Website, bandwidth on the Internet, etc.
- The User may not reverse engineer, decompile or disassemble all or part of the Website.
- The User shall abstain from modifying or attempting to modify the INDIEMONO Website and from carrying out actions or using means tending to alter its appearance or functions.
- The User shall abstain from accessing, using and/or manipulating the data of INDIEMONO, third parties or other Users.
- The User shall abstain from erasing, modifying or altering in any other way the mentions of reservation of rights in favour of INDIEMONO, as well as, among others, the name, logo or brand that identifies the latter entity in all documentation or content that is provided in any support in the context of these Terms and Conditions of Use.
- The User shall refrain from accessing or attempting to access restricted resources of the Website.
- The User shall notify INDIEMONO of any possible infringement of INDIEMONO’s rights as soon as they become aware of it. INDIEMONO shall be the only beneficiary, if any, of the possible indemnities granted by virtue of any procedure. The User may not access the Website for the purpose of creating software, products or services that compete with INDIEMONO, or for the purpose of creating a product using ideas, characteristics, functions or graphics similar to those of the Website and services provided therein.
- The User may not reproduce, transform, modify, translate, lease, rent, lend, sublicense, adapt, create derivative works or make versions of the Website in whole or in part, including any documentation or content that accompanies it, unless previously and expressly authorized by INDIEMONO.
- The User shall not make use of any material that is subject to protection of intellectual or industrial property rights of third parties, without express authorization from the latter.
In the event of breach by the User of any of their obligations or of any other terms contained in these Terms and Conditions of Use, INDIEMONO may block the account of the User and prevent its use as a precautionary measure, without the need for any prior legal or judicial requirement to do so.
8. ACCEPTABLE USE
- The User represents and warrants that they will comply with these terms and conditions at all times when accessing and/or navigating the Website. In particular, in addition to the obligations set out in clause 7, Users must not (the following list is indicative and not exhaustive).
- Use the Website in a manner that could cause damage or interruptions to, or limitations or failures in, its functionality or its own or third party devices;
- Use the Website to send, install or publish any virus, malware or other harmful programs or files;
- Include in the music submitted or in the Website any type of file, element or image, which contains any type of virus or similar;
- Use the Website illegally, in a manner that is immoral, goes against the principle of good faith or disrupts public order;
- Use a false identity to register via the Website by impersonating third parties or by using a profile or acting in any other way that could mislead other users about the source of a transaction;
- Access any part of the Website, or other connected systems or networks, or a INDIEMONO server, without permission, by piracy, falsifying information, extracting passwords or by any other illegal means;
- Destroy, or attempt to destroy, the security or authentication measures for the Website or any network connected to it, or the security or protection measures contained in content provided on the Website;
- Carry out any act that results in disproportionate or unnecessary saturation of the Website infrastructure or of INDIEMONO’s systems or networks, or of the networks and systems connected to the Website;
- Prevent normal use of the Website, Service, Platform or any of its functionalities, though any process that is contrary to or violates these Terms and Conditions in any way.
- Post any kind of content or material the User does not own without obtaining the appropriate consent and/or licence from INDIEMONO for such material to be included and/or licence granted.
- Replicate the Website.
- Reverse engineer on the following elements, including but not limited to the Website, Platform, Timer and/or any other software or program, INDIEMONO’s content and/or the functionalities and features available in such elements.
- Help or assist a third party in any of the actions listed in this clause.
- Violation of any of the above-mentioned prohibited actions by the User could result in INDIEMONO implementing appropriate measures provided by law and exercising its rights or obligations, including deleting or blocking the User’s account, without the User being entitled to any compensation for damage incurred.
- If INDIEMONO has reason to believe that a user has participated in any illegal act or has acted in a manner that contravenes its acceptable use policy, INDIEMONO will be entitled to adopt the following measures, among others:
- Suspend, block, limit or cancel the User’s right to use the Website and/or Service.
- Request information or ask for any incorrect information the User has provided to be corrected.
- Deny access to the Website and/or the Service indefinitely.
- Take any legal steps that may be appropriate.
- The User represents and warrants that they will comply with these terms and conditions at all times when accessing and/or navigating the Website. In particular, in addition to the obligations set out in clause 7, Users must not (the following list is indicative and not exhaustive).
9. TERM AND TERMINATION
- These Terms and Conditions will remain in force as long as the Website remains in functioning and is accessible.
- INDIEMONO reserves the right to restrict the User’s access to the Website, the Services and/or the Platform without the need to give any prior notice, and without INDIEMONO incurring any liability whatsoever or the User having any right to bring a claim against INDIEMONO, for reasons that include, but are not limited to:
- If the User fails to comply with these Terms and Conditions.
- If INDIEMONO believes or knows, on good faith, that the User is using, or intends to use the Website unlawfully or illegally.
- If INDIEMONO declares insolvency proceedings and/or it enters administration, meaning it is impossible to provide the Service, maintain the Website and/or any similar situation.
- These Terms and Conditions will expire for the general reasons stated in law, and in particular, due to a breach of the obligations under these Terms and Conditions. In the latter case, INDIEMONO reserves its right to terminate the relationship created by these Terms and Conditions automatically and without prior notice.
- Likewise, INDIEMONO may terminate these Terms and Conditions of Use unilaterally at any time and for any reason.
- The termination of these Terms and Conditions, shall imply the cessation of User’s activity on the Website.
10. PROTECTION OF PERSONAL DATA
- Notwithstanding the above, the User is advised that INDIEMONO will process their personal data to manage the business, commercial and/or contractual relationship between them and this relationship is the legal basis for the processing.
- INDIEMONO will process the data for as long as the business, commercial and/or contractual relationship lasts and once this has ended, for as long as it is required to do so under applicable law.
- INDIEMONO will not share data with third parties unless (i) it is required to do so by law; (ii) data is disclosed to courts or to the Spanish national security forces to enforce performance of contractual obligations, provided such authorities are exercising the powers conferred on them by law.
- The User may exercise their right, where applicable, to access, correct, object to, restrict or to request erasure of their personal data, and the right to portability, and to object to individual automated decisions, by sending an email to the following email address:
- Email address: firstname.lastname@example.org
- The User is also entitled to submit a claim to the Spanish Data Protection Agency (Agencia Española de Protección de Datos), and/or the supervisory authority in the relevant Autonomous Community, if they consider their rights have been infringed.
11. PRICES AND PAYMENTS
- Access and use of the Website is free.
- However, Users who wish to become Patreon Users may do so by taking out a subscription plan in accordance with clause 2 of these Terms and Conditions.
- Subscription and payments as a Patreon User are managed directly by Patreon.
- All payments, as well as renewals and cancellations of the subscription of a Patreon User shall be made in accordance with the policies of Patreon.
- INDIEMONO shall in no case be responsible for the damages or prejudices caused by errors not directly attributable to INDIEMONO in the management of the payments of the Patreon Users, nor for the lack of availability, the errors of operation or any other failures or malfunctioning that prevent or hinder the access to Patreon.
- The parties expressly agree that the User may not assign, transfer, novate or subcontract any of its rights and obligations under these Terms and Conditions to third parties without the express consent of INDIEMONO.
- INDIEMONO may assign, transfer, novate or subcontract its rights and obligations under these Terms and Conditions to third parties at any time, provided that this does not affect the rights of the User or the obligations of INDIEMONO under these Terms and Conditions of Use.
- The Website may contain one or more sections where Users can participate in chats, leave comments or interact with each other and/or with the Website (hereinafter, “Blog“).
- Users agree not to upload, distribute or otherwise publish through any Blog of the Website any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or which is in violation of third-party’s copyright, trademarks or other proprietary rights.
- Blogs must be used for non-commercial purposes. The User may not, without the express authorization of INDIEMONO, distribute or otherwise publish any material containing any solicitation, promotion or advertising for goods or services.
- INDIEMNO reserves the right to remove any comments or interactions of the User on the Blogs in the event that INDIEMONO considers such comments or interactions to be in breach of these Terms and Conditions.
- By submitting or presenting content on the Blogs of the Website, the User grants INDIEMONO a free, non-exclusive license, with no geographical limitation and for the maximum time permitted by law, to use, reproduce, modify, publish and distribute such content in any form and format.
- The Website may contain links to third parties. INDIEMONO is not responsible for the content of such links or for the policies of those pages, particularly with regard to the privacy policies and cookies policies of third parties. Likewise, INDIEMONO is not responsible in case such links contain viruses or any other malicious elements.
- The User expressly represents and warrants that it excludes INDIEMONO from any liability to the User regarding such links and linked content, including, but not limited to, the availability of such third-party information and resources.
- INDIEMONO does not promote any of the links or content of third parties that may be linked on the Website and INDIEMONO is not responsible for any content, advertising, promotion, product and/or any other material available on the websites of third parties.
- If a User detects that a link contained in the Website may be contrary to the law, morality or public order, they should inform INDIEMONO through the following email address: email@example.com.
- INDIEMONO allows the linking to the Website from any other site, provided that the linking site does not include slanderous, defamatory, obscene or illegal content. Links to the Website must not frame the Website and must link to the Website as a whole, rather than to a specific file or graphic from the Website.
- The authorization for third-party sites to link to the Website is temporary and may be revoked at the sole discretion of INDIEMONO. INDIEMONO reserves the right to request any linking site to remove such link, and the linking site shall comply with such request within 24 hours of receipt of the request from INDIEMONO.
15. REPRESENTATIONS, WARRANTIES AND LIMITATION OF LIABILITY
- INDIEMONO accepts no liability for any risk arising from use of the Website, Service or Platform, or for use of such Services in connection with INDIEMONO’s products or systems.
- Among others, INDIEMONO will in no case be responsible for:
- The lack of availability or accessibility of the Website;
- The interruption in the functioning of the Website or computer errors, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in the telephone lines, data centers, the Internet system or other electronic systems, produced in the course of its operation;
- Errors or delays when accessing the Website or when entering User’s data in the registration form, slowness or any anomaly that may arise when these incidents are due to problems in the Internet network, causes of fortuitous event or force majeure and any other unforeseeable contingency beyond INDIEMONO’s control;
- Losses, damages or injuries of any kind arising from accessing and using the Website, including, but not limited to, those produced in the computer systems or those caused by the introduction of viruses and/or computer attacks;
- The veracity, integrity or updating of the information that is not of their own elaboration;
- The differences or inaccuracies that may exist in the Website due to the lack of resolution of the screen of the mobile device or problems with the browser being used or others of this nature;
- Those technical failures that, due to fortuitous causes or of another nature, prevent the normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the service from being available;
- Other damages that may be caused by third parties through unauthorized intrusions beyond the control of INDIEMONO.
- The User is solely responsible for ensuring their own systems function properly, and must prevent them from altering any information or data stored in INDIEMONO’s products, Services or systems. The User is liable to INDIEMONO and to third parties for any anomaly or loss of such data and/or information attributable to the User.
- INDIEMONO accepts no liability for the incorrect functioning of the electronic communication services used to provide the Service and access to the Website.
- Furthermore, the User agrees not to do anything that causes disproportionate or unnecessary saturation of the Website infrastructure and/or Services, of INDIEMONO’s systems or networks or the systems and networks connected to the Website, or to hinder the normal performance of the Website or any of its functionalities by any process, and/or by any practice that contravenes or violates these Terms and Conditions in any way. Failure to comply with this condition will entitle INDIEMONO to terminate the contractual relationship with the User, without prejudice to any actions it may bring by exercising its legitimate rights under the legal system in force.
- INDIEMONO may introduce security measures and guidelines for the User to access and use the Website at any time. These security guidelines must be followed by the User at all times and failure to do so will mean INDIEMONO is authorised to prevent the User from accessing the Website.
- The User warrants that they acknowledge and will comply with applicable law at all times with regard to the Services available through the Website, to ensure they are in accordance with the law, moral standards and public order, and indemnifies INDIEMONO against any liability in this regard.
- INDIEMONO will make every attempt to ensure the Service and/or the Website do not contain, and are not used to transfer, install or publish any virus, malicious code or other harmful programs or files, or any format that could cause damage or interruptions to, or limitations or failures in, its functionality or third party devices. However, INDIEMONO provides no guarantee against and assumes no liability for: (i) the invulnerability of the Website and/or the effectiveness of security measures adopted on the Website; (ii) lack of usefulness or performance of the Website; (iii) faults on the Website caused by any kind of attack on the servers of INDIEMONO’s third party service providers, or technical faults or security failures in the system of those service providers that affect the functioning of the Website; (iv) any technical fault that affects, delays or impedes the correct functioning of the Website; and (v) loss or damage suffered by individuals themselves or any third party arising from a violation by any individual of the Website Terms and Conditions, guidelines and instructions or by breaching its security systems.
- Notwithstanding the above, INDIEMONO states that it has implemented all necessary measures at its disposal and within technical possibility, to guarantee the functioning of the Website and the Service, and to ensure it is virus-free and to prevent the transmission of viruses or other harmful components.
- If the User becomes aware that any illegal or unlawful content, or any content which could lead to an infringement of intellectual property rights or any other third-party right, they must notify INDIEMONO immediately so that it can take appropriate action.
- The User warrants that it will fulfil all its obligations and will keep INDIEMONO indemnified against any judicial or out-of-court third-party claim arising from the rights and obligations under these Terms and Conditions. Furthermore, the User will ensure the correct performance of those obligations at all times and will be liable to INDIEMONO and third parties in this regard.
- The Website is provided “as is” with no guarantee of any kind, express or implied. The User uses the Website and any of the Services provided by INDIEMONO at their own risk.
- The Users accept that they are solely responsible for the suitability of the Website and for any data or content generated or processed by the Website for the purposes intended by it, and shall defend and indemnify INDIEMONO against any liability, and its directors and employees, in respect of any claims, demands or suits by third parties based on any lack of suitability of the Website that the User is using or any data or content generated by the Website that the User is using and which has been provided by the User.
- INDIEMONO will not be liable to the User or third parties, either directly or indirectly, for any damage, including but not limited to indirect and/or accidental damage, arising from these Terms and Conditions or in relation to its Website and/or any product or service provided by INDIEMONO.
- The Website may contain technical inaccuracies or typographical errors. INDIEMONO accepts no liability for such inaccuracies, errors or omissions and is not under any obligation to adhere to the information affected by such inaccuracies. INDIEMONO reserves the right to change, correct, cancel and/or improve any information contained on the Website, and the products and programs described in such information, at any time and without prior warning, including after a transaction has been confirmed.
- The User agrees to indemnify and hold harmless INDIEMONO, its affiliates, directors, shareholders, operatives, licensees, employees and agents against any legal claim, charge, damage, costs, charges, liabilities and losses, including reasonable lawyers’ fees, that may arise from the User’s use of the Services, the Website, or from any content it uploads, and/or its failure to comply with any obligation under these Terms and Conditions. This indemnity extends to any individual who is connected to the User’s account.
- INDIEMONO reserves the right to all legal actions and remedies which may correspond to INDIEMONO, as well as to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, navigation, use, hosting and/or downloading of the content and/or use of the Website, with or without prior notification, to the Users who contravene any of the provisions detailed in these Terms and Conditions of Use. Under such circumstances, the User shall not be entitled to claim any compensation.
- INDIEMONO shall not be liable to any person or entity for any damage allegedly caused by the use or non-use of the Website, either directly or indirectly, for errors in operation or damage caused by force majeure or events beyond the control of INDIEMONO, or for failure to comply with the obligations of any User, including but not limited to the good state of the computer system and the electrical supply installation, the control of access to the Website in order to avoid manipulation by unauthorized or inexperienced persons, the contracting of periodic maintenance services of hardware and software, the prevention of viruses and defective programs installed on the same hard disk, work interruptions, as well as any other preventive measure of reasonable application.
- Under no circumstances shall INDIEMONO, its parent company, its subsidiaries or any of its licensors, managers, persons in charge, employees or companies linked to any of the foregoing be liable to the User for any consequential, incidental, indirect or special damage or direct business losses, of profits or income, whether foreseeable or unforeseeable, derived from the use of the Website or the content accompanying it, or the impossibility of such use, regardless of the origin of the claim, even if INDIEMONO or any of its representatives have been advised of the possibility of such damage.
- INDIEMONO’s total liability shall not exceed the amount paid by the User to the Website for the provision of the Services.
16. FORCE MAJEURE
- If any of the parties is unable to perform any of its obligations under these Terms and Conditions or enjoy any of the services due to a natural disaster, acts of terrorism, fire, explosion, power cut, earthquake, flood, strike, freezing order on necessary assets, industrial disputes, acts of civil or military authority, war, other acts of God, acts or omissions of transport service providers or service providers, acts of government or regulatory bodies, acts or decrees of government agencies and/or failures in electronic communication services not attributable to the affected Party or other events beyond that Party’s control (“Force Majeure Event”) the affected Party shall notify the other party immediately and shall do everything possible to resume performance its obligations.
- Following receipt of such notice, all obligations under these Terms and Conditions will be suspended. If a Party is in breach of their obligations for more than seven (7) days from receipt of a notice of a Force Majeure Event, the Party that is not prevented from performing its obligations may terminate their relationship with the Party affected by the Force Majeure Event with immediate effect by giving written notice.
- Users may send their queries, complaints or suggestions to the following email address: firstname.lastname@example.org , email@example.com
- INDIEMONO will pursue any breach of these Terms and Conditions, or any inappropriate use of its Website and/or of the Service, by bringing any civil and criminal actions permitted by law.
- No failure by INDIEMONO to exercise or implement any right or provision contained in these Terms and Conditions will constitute a waiver of that right or provision, unless expressly acknowledged and agreed in writing by INDIEMONO.
- INDIEMONO may amend these Terms and Conditions at any time. The published version will be the version in force and will continue in force unless superseded by a duly published amended version.
- If any clause in these Terms and Conditions is declared void, invalid or unenforceable by the State Administration or judicial authorities, this will not affect the remaining clauses which will remain in effect under the terms agreed. INDIEMONO agrees to replace the clause rendered invalid with one that reflects the original purpose as closely as possible.
- Notwithstanding the above, the previous paragraph may not apply if the User has made a different agreement with INDIEMONO. In this case, the agreement will supplement any provisions not provided for in these Terms and Conditions and if there is a conflicting provision, the agreement will prevail.
- The original version of these Terms and Conditions is drawn up in Spanish. Unless otherwise indicated in these Terms and Conditions, in case of conflict between the provisions set out in the Spanish version and the provisions set out in the English version of these Terms and Conditions, the Spanish version of these Terms and Conditions shall prevail.
19. APPLICABLE LAW AND JURISDICTION
- These Terms and Conditions are governed by Spanish law.
- Any dispute will be subject to the exclusive jurisdiction of the Courts and Tribunals of Madrid (Capital), where applicable law so permits.
- Users may all times be able to access the European Commission’s online dispute resolution platform, which can be accessed via this link.
These Terms and Conditions were reviewed and published in May 2021.