Contract conditions and terms of use.

Preconditions
Please read these terms and conditions carefully before accessing the Radio In Store services via computer or via a mobile application (App). Indeed: a) The contract between Radio In Store and the user (hereinafter also the USER) is stipulated and binding at the time of registration by the USER in webradioinstore with the foreseen procedures and is in any case valid and effective upon commencement his use of Radio In Store services; therefore the registration to webradioinstore means and to all intents and purposes prove that the USER has read and accepted all the terms, conditions and warnings indicated here and in the same web portal and mobile application of Radio In Store. b) The registration to webradioinstore and in any case the beginning of the use of its services also certify that the USER: - has consented to the processing of personal data; - has accepted the special "Disclosure Statement" on Confidentiality, which will be viewed and evaluated at the time of registration in the webradioinstore (see address https://www.webradioinstore.it/privacy-policy-it/.) And which must be considered in all respects an integral part of this deed; - as the data controller for the personal data of third parties (its customers, suppliers, etc.) entered / communicated by itself, has appointed Radio In Store as Data Processor for these same data, with the conditions and limits indicated in the Privacy Notice. That being said, between Newton & Associates 1997 SL (later also Radio In Store), with registered office in Barcelona (España), VAT ES-B66809971, and the USER agrees and stipulates the following:
Art. 1) Validity of preconditions
The precondicions form an integral part of this contract. The USER is only the one who is the owner of the VAT number that will be the object of the use of the Radio In Store services and it is he who registers in Radio In Store and activates the related account, upon release of his e-mail address to himself registered.
Art. 2) Activities
Having acknowledged that Radio In Store carries out webcasting services with different methods of execution and relative tariffs, creating and managing radio and television broadcasters transmitted via the web,
Art. 3) Processing, obtaining, distribution of the service
The service is considered to be processed, obtained, distributed and / or acquired in Spanish territory, and therefore subject to the fees and charges drawn up by the SGAE (Spain) based in Madrid (España). Newton & Associati 1997, SL with registered office at C / de Tuset 8 10, 5 1, 08006, Barcelona, will not be liable for any unlawful or contrary use of the law in force regarding the service provided. In any case, the client is required to pay directly to local authorities the public broadcasting licenses that are established in each country in compliance with the Regulations approved and applicable to this effect. SGAE is a copyright management entity, authorized by the Orden of the Ministerio de Cultura de 1 de Junio de 1988, and adapts and fulfills the provisions contained in Title IV, Book III of the Adequate Text of the Intellectual Property Law ( RDL1 / 1996), of 12 April, and by its own Constitution Statutes.
Art. 4) Fees
The fees will be updated to January of the year following the first, based on the appropriate tables and any adjustments to the copyright and use of the country in which it is provided.
Art. 5) Approval of articles
The USER expressly approves, according to the articles seen and prepared by Law 7/1998, of April 13th, on the General Conditions of Contracting. The conditions and deadlines for payment indicated on the webradioinstore, committing to respect them, regardless of any delayed or non-receipt of payment notices, and recognizes that in the event of outstanding payments, a fixed commission of € will be applied. 25.00 for each outstanding, in addition to default interest in commercial transactions approved monthly by the Bank of Spain, in addition to VAT.
Art. 6) Termination of the contract
The contract will be terminated, as well as the legal conditions, the violation by the USER subscriber of the obligation to pay the agreed remuneration, the distortion of the data contained in the conditions of use or their non-delivery, as well as the non-fulfillment of the rest of the contractual obligations. In the event of termination by the USER, the effective termination of the use of the SGAE or ROYALTY FREE repertoire will be a fundamental requirement. The termination of the contract will maintain the right of Radio In Store to request from the SHIPPER payment of the remuneration due and not satisfied at the time of termination.
Art. 7) Repertorio
Newton & Associati 1997 SL with headquarters in Barcelona (Spain), C / de Tuset 8 10, 5 1, (hereinafter referred to simply as Radio In Store) is in charge of performing the webcasting service, defined as the exclusively sound transmission from digital networks such as the Internet, of works of the Repertoire of the SGAE and Royalty Free embedded in radio-type programs, with the means, methods and fees reported on the website webradioinstore.it and the general conditions indicated here. The fees are intended net of I.V.A. and any bank collection fees. In addition to the establishment fee (s), the SHIPPER will bear all the fiscal charges inherent to this contract.
Art. 8) Consumer Protection
In the unique hypothesis that the USER is a natural person and that he acts only for purposes unrelated to his professional activity and can therefore be qualified as a consumer, pursuant to art. 3 of Royal Legislative Decree 1/2007, of 16 November 1993, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, the right of withdrawal is attributed to it. Without prejudice to the foregoing, this contract is deemed irrevocable for 30 days from the date of its formulation. The acceptance by Radio In Store may take place in an express or tacit manner and in any case the start of the requested service will result in the acceptance of the contract finalized by the insertion of the payment method in the specific box of this site. No damage or indemnity of any kind may be requested by the USER due to the lack of acceptance by Radio In Store.
Art. 9) Suspension of the Service
Also in the event of completion of the Contract, for technical reasons as well as for reasons of force majeure or by order of the Authorities, the SGAE, the SIAE, the SCF in Italy etc. Radio In Store may suspend service provision at any time. In all cases, Radio In Store is not responsible for any damage caused.
Art. 10) Exemption from execution
Radio In Store is since now exempt from the execution of the service where, for whatever reason, it ceases to be the holder of the necessary authorizations and the USER renounces, now by then, to any request for compensation or damage attributable to it. Upon the occurrence of the aforementioned condition, the contract must for all intents and purposes be considered terminated by law, without prejudice to the obligation of payment by the USER for the services already performed.
Art. 11) Transfer of the contract
The rights deriving from the completion of the Contract cannot be transferred by the SHIPPER to third parties. The rights and obligations established in this contract are not transferable, either by succession or death, neither for free nor for consideration. Consequently, neither the contract nor the rights granted in the same may be subject to transfer by the Proponent. The transfer to third parties is permitted only in the event that Radio In Store, notified in certified form, and pursuant to article 1255 of the Civil Code and correspondents, expressly accepts it, and molds itself in writing by sending it to the transferor. In any case, this transfer will result in the termination of the contract then in force and will authorize the assignee to draft and execute a new contract. In the event of the takeover or transfer on any account of the USER's company, the Assignee and in any case the successor in title, will fully take over this report and all the rights and obligations deriving from it, without prejudice to the fact that until the expiry of the the same, the USER will remain jointly and severally liable with his own successor, remaining the same obliged, the transferor and the transferee, to notify the company providing the service in a clear and authentic way.
Art. 12) Termination of activities
In the event of termination of the activity for any reason, the SHIPPER has the right to withdraw from the contract, by registered letter with return receipt, with at least ninety days' notice, documented with a specific Chamber of Commerce certificate or with a copy of the application filed at the relevant bodies and relative attestation of receipt thereof. Without prejudice to the provisions of Article 6, the SHIPPER may withdraw from the Contract at any time; in this case it will have to correspond to Radio In Store the 2/3 of the remaining monthly service fees due from the date of early termination of the Contract on the date of natural expiry of the same and the economic value set at 187.00 euros for each decoder hired, what was said as a penal clause pursuant to article 1152 and 1153 of the Civil Code.
Art. 13) Duration of the contract
The task of performing webcasting services is always intended for the time set by the USER during the voluntary activation phase. Upon expiration, the Contract will in any case be intended as tacitly renewed for the same period of time and so on, unless canceled.
Art. 14) Account cancellation - termination of the contractual relationship - data deletion
The USER can request at any time, without however having the right to reimbursement of the paid subscription nor to other types of reimbursement and / or compensation, the cancellation of his account by sending an express written request and signed by hand to the address by e-mail info@webradioinstore.it; this will lead to the termination of any contractual relationship between the USER and Radio In Store and in any case the termination and termination of all Radio In Store obligations towards the USER, with the consequent immediate deactivation of the services; of course, the USER's obligation to pay any payment still due to Radio In Store, which will naturally have the right to permanently withhold any sum received from the USER, will of course remain firm. Radio In Store, after 90 days from the end of the account by the USER, he will be able to delete all data and documents entered by the USER in the spaces and archives in Radio In Store used by him during the relationship; Radio In Store will possibly retain only those data which it will be obliged to keep for the respect of the rules and / or orders of the competent Authorities or which will have the legitimate interest to keep, if permitted by law, for the fulfillment of one's rights, also trial in court. THE USER is the sole and exclusive responsible for any loss of data and documents also towards third parties. In the event that the USER, despite having an account still active, does not however make access to this same account for more than 12 consecutive months after the expiry of one of the paid subscriptions and / or for more than twelve consecutive months in the free subscriptions, Radio In Store can have the account cancellation automatically, with all the related consequences provided here; in case of account cancellation, then all the rules contained in this article will apply.
Art. 15) Service start
The USER explicitly confirms that Radio In Store will carry out the services covered by the Proposal in the following ways: a) the start of the service coincides with the online setting of the Web Radio when the subscription is finalized by entering the valid payment method ; b) the editorial contents will be agreed from time to time between the USER and Radio In Store which, in compliance with the current regulations in terms of publishing and copywriting, will transmit them on the Web Radio; c) the USER has the right to request Radio In Store to modify, add or delete commercial / informative or musical content, by communicating it to Radio In Store itself which, as a service provider, will handle the change within 2 working days thereafter .
Art. 16) Fee and licenses
A monthly fee has been agreed, confirmed in the PRICES section of the site, billed monthly and paid by the customer within the 10th day of the following month by credit card or bank RID, to be confirmed with attached debit authorization form in the account or bank transfer. This cost includes: a) turnkey management of the dedicated Radio Web project; b) broadcast by web; c) uploading music and constant updates of the music library; d) study of musical programs; e) broadcasting of the possible columns for the type of Radio Web chosen by the USER. The USER is explicitly informed of the fact that all rights to SGAE or anyone else for webcasting, in-store distribution, to the public or any other and any current or future license are explicitly excluded (unless expressly indicated) from the monthly fee. , relieving Radio In Store of any burden and / or liability arising from the failure to pay these licenses.
Art. 17) Property and Trademarks
All audio, video, web and broadcast content, music libraries as well as low frequency materials and all audio / video equipment, hardware and software used are the exclusive property of Radio In Store, as is the property of the intellect . The Radio In Store, Music Your Brand and Radioserver brands are registered and exclusive property of Radio In Store. Ad hoc audio files can only be used by the USER until the contract expires. To these effects, the USER declares to recognize that the ownership of all the files or creations made corresponds to Radio In Store, it being understood that it reserves the right to be able to assign and / or transmit such creation or file, faculty in any way unilateral.
Art. 18) Networks and installations
In carrying out its duties, Radio In Store is not responsible for problems relating to internet and / or intranet networks, audio, browsers, softwares, etc. (and related accessories) which remain the exclusive responsibility and responsibility of the USER, which undertakes to the correct functioning of the radio to guarantee sufficient internet bandwidth, regularly functioning devices, updated software and a sound system suitable for the purpose.
Art. 19) Responsibility
Radio In Store, in performing the service, having to respect the indications provided by the USER, cannot be held responsible for the performance and results of the same service, as well as for the veracity of the contents provided and transmitted. In particular, Radio In Store cannot in any way be held responsible for the results relating to the consequent sales of the goods or services covered by the promotions carried out through the dedicated Web Radio. Instead, he will be responsible for the failure to provide the service, that is, the absence of the airing signal and not the failure to receive sales points, websites and / or mobile phones, beyond forty-eight hours after the blackout. In this case it will be the concern of Radio In Store to provide for the restoration of the service as soon as possible, but, in the event of absolute impossibility of restoration beyond the forty-eight hours from the blackout, the USER and Radio In Store agree that, due to of such non-service, penalties of any kind cannot be applied or claims for damages of any kind made by the USER. Radio In Store will execute exactly the provisions in terms of commercial and institutional disclosure communicated by the USER, thus remaining exempt from the responsibilities of any kind and nature deriving from it.
Art. 20) Payments
Only payments made in the manner indicated and accepted during registration and in any case directly to Radio In Store or to persons duly authorized in writing will have liberating effect for the USER. Payment of invoices must be made without fail under the terms and in the manner prescribed and indicated above. In the event of late payment of the sums due to Radio In Store, the SHIPPER will be required, without the need for formal notice, to pay an interest determined pursuant to Law 3/2004, of December 29th, which establishes measures aimed at to combat arrears in commercial transactions. Furthermore, after 15 days from the expiry of the payment deadline, Radio In Store will be entitled to suspend the service, without prejudice to the obligation for the USER to pay the fee. If the payment delay goes on for more than 30 days, Radio In Store will have the right to declare the termination of the contract. Upon termination, the SHIPPER will be required to pay, as a penalty, a sum equal to 2/3 of the total amount of the fees for the period between the date of termination and that of natural expiry of the contract and the economic value set at € 187.00 for each decoder hired, subject to Radio In Store's right to compensation for any further damages.
Art. 21) Subscription mandate (only for SEPA payments)
With the signing of the SEPA mandate, the debtor authorizes Newton & Associati 1997 SL to send instructions to debit his bank and the bank to debit the account in accordance with the provisions issued by Newton & Associati 1997 SL. The undersigned debtor has the right to obtain repayment from his bank in accordance with the contract with his bank. Any refund requests must be submitted no later than 8 weeks from the debit date. The debtor's rights are indicated in the documentation obtainable from your bank
Art. 22) Data protection and Regulation (EU) 2016/679 OF 27 APRIL 2019 (GDPR)
In order to be able to execute the contractual relationship established in this contract, the parties undertake to process the information to which they have access due to said contract with total confidentiality. The confidentiality provisions contained in these clauses will continue to be valid when the contractual relationship has ended or been terminated. The parties state that the data and information provided in this document will be processed in accordance with the provisions of current legislation on data protection and regulation (EU) 2016/679 of 27 April 2016 (GDPR), with the sole purpose of execution of the contract. These data will be stored until there is a contractual relationship between the parties, and to respect the legally established retention periods. When the data is no longer needed, it will be deleted using appropriate security measures to ensure total destruction of the data. There are no plans to communicate the data to third parties, unless there is a legal obligation to do so, or to those suppliers associated with the parties acting as data controllers. The contract holders will be informed in advance of any other data transfer. At any time the parties may exercise their rights of access, rectification, cancellation and portability of their data and rights to limit and oppose them in the processing stage, by writing to the address that appears at the beginning of this contract. However, withdrawal of consent will result in termination of the contract, as the data is essential for its execution. Sele parties believe that the processing of personal data does not comply with current legislation, they can file a complaint with the Supervisory Authority on www.aepd.es
Art. 23) Forum
This contract is governed by Spanish law, and for everything that is not expressly regulated therein, this will be the law directly applicable. Similarly, the parties declare that they submit to the jurisdiction of the courts of Barcelona for all matters that may arise in connection with this contract and its execution, renouncing any other jurisdiction that could assist them.
Art. 24) Final provisions
In no case may non-compliances and / or behaviors of the USER deviate from what is provided in these Conditions of Contract and / or in the Information on Confidentiality can be considered as exceptions to the same and / or acceptance and / or acquiescence, by Radio In Store, of the non-compliant behavior of the USER. YOU are aware that Radio In Store may make changes to the procedures and terms of use themselves to adapt to security needs, technological development and / or the intervention of new laws, practices or judicial rulings. The USER, if endowed with high level computer skills and a support structure and IT development, if his subscription allows it, and if Radio In Store does not object, will be able to create his own connection module with the Radio In APIs Store or use one of the Connection Modules provided by Radio In Store; in such cases, the USER will be bound not only to comply with these Contract Conditions and the Radio In Store Confidentiality Notice, but also, in addition, with the respect of the 'API Supplementary Regulation' or the Supplementary Regulations for the use of e-commerce modules prepared by Radio In Store.
Art. 25) Express approval of clauses
Pursuant to and for the purposes of Article 5 of Law 7/1998, of 13 April, on the General Conditions of Contracting, the USER declares to know the clauses all reported and to accept and specifically approve the clauses below; declaring the accuracy of tax information and exempting Newton & Associati 1997, SL from any liability. The USER specifically approves the clauses of the articles: 1 - 3 - 5 -7 -8 - 9 - 10 - 14 - 15 - 16 - 17 - 18 - 19 - 20 - 21 - 22 - 23 - 24 - 25.
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