HERZIO TECHNOLOGIES, Llc. (“HERZIO”) is a limited-liability company registered in Silvano 5, Madrid, its email address is info@herzio.com. HERZIO, Fiscal No. B-85507838 registered at the Companies House in Madrid on August 27th, 2008, Volume 25.935, Book 0, Sheet 25, Section 8, Paper M467458.
The following general conditions regulate the access and use of the Website hosted on the domain http://www.herzio.fm, as well as the content showed and made available to USERs. The access and use of the Website entails the acceptance by the USER of the general conditions published by HERZIO at the moment of that access or use.
Notwithstanding the aforegoing, the General Conditions hereof do not hinder the establishment of other particular conditions by HERZIO to contract or use certain services or products offered to the USERs on the Website.
HERZIO.fm is an intermediary that allows authors and holders of rights to publish their work, as well as to carry out commercial activities to sell merchandising and tickets for their live shows.
The USER of HERZIO.fm will be able to access the music published by the authors registered at HERZIO using this service. The USER will be also able to buy merchandising products and show tickets that bands sell using our service, directly on HERZIO.fm. HERZIO is a service provider for information society, and in particular as an operator for a social network, regulated by Information Society and E-commerce Services Act 34/2002 of July 11th.
HERZIO may cease its activity any time and without prior notice, as well as modify the service provided, either by accidental or substantial aspects. The USER may conclude this agreement any time by canceling their USER account, whereas the purchases that might have been made will be completed as stated in the terms of article 4 of these Terms of Use.
HERZIO may cancel or suspend the account or access to the Website without prior notice to the USER that, according to its unilateral criteria, may be breaking the Terms of Service described hereby and/or current legislation.
The Terms of Service described hereby are presented in English language.
The USER can storage and reproduce the general conditions of this agreement by clicking on the icons destined to such effect in the window toolbar of your browser.
Registering as USER at HERZIO.fm is optional and free.
The USER, may it be a registered USER or not, can access pieces of work published on HERZIO.fm for free.
The USER, may it be a registered USER or not, can acquire merchandising products and show tickets that BANDS registered at HERZIO may sell, directly from HERZIO.fm. Product specifications, the price selected by the BAND for themselves, with the corresponding taxes, and information about shipping costs that will be applied to the USER can be found in the product record.
In the case that any of the products offered might be on sale, the duration of the sales thereof will be specified, as well as the price prior to the aforementioned sale.
Payments made by the USER by credit card will be secured through Caixa Catalunya payment platform. USERs with Paypal account can also use this payment method.
After every purchase, the USER will receive in his/her email address an invoice with the information relative to the purchase along with a link to the general conditions published hereby. A copy of the aforementioned invoice will be sent along with a copy of the Terms of Service herein with the product purchased by the USER.
The acceptance of the Terms of Service entails that the USER knows and accepts as well our Privacy Policy
Personal information referred by the USER using any of our forms will be stored into an automated file created by HERZIO and under its responsibility. The USER undertakes that the data provided is truthful, updated and doesn't correspond to another person different from the USER.
The USER recognizes that HERZIO is not responsible for the possible illicitness or breach of rights of the activities carried out by USERs of the service.
The USER undertakes to use the service offered by HERZIO according to current legislation, and, by way of information, will refrain from:
Publishing offensive, abusive, defamatory, racist, discriminatory or other kind of content that may breach third party rights.
Publishing personal data, images or private information from third parties.
Creating accounts with fake profiles, impersonating third parties.
Using the service provided to carry out unauthorized commercial communications (spamming) or compile information from USERs.
Uploading intellectual works from third parties without authorization of the authors.
Publishing content that may damage rights of honor, privacy or personal image of third parties.
HERZIO is not responsible for the possible illicitness or breach of rights of works that the BAND may offer to third parties through the service that HERZIO.com and HERZIO.fm provide.
The USER also undertakes to report to HERZIO about works hosted by HERZIO, of which the USER may have justified suspicion of illicitness.
HERZIO reserves its right to remove those illicit works -or works of which HERZIO may have justified suspicion of illicitness- as stated in the current Information Society and E-comerce Services Act.
HERZIO reserves its right to cancel the account of the USER who might be using it to infringe third party rights.
The USER is aware and accepts that HERZIO might include, in the present or in the future, advertising of its own activities or third parties advertisements in its Website.
The USER is aware an accepts that HERZIO may send emails to the address provided by the USER, such as commercial communications that it may consider to be useful for the USERs. The aforementioned commercial communications may refer to HERZIOs's activities or to third parties.
Both parties agree to comply the agreement hereof with current Spanish legislation and with Madrid (Spain) Court in particular.
HERZIO can modify these Terms of Service.
In case of changes, the USER accepts to receive an email in which HERZIO will inform about the changes made. Not registered USERs may review these Terms of Service frequently in order to be aware of the possible changes made since the last time they accessed the Website.
The use of the service provided, after the changes to the Terms of Service are made, entails the awareness and acceptance of the new modified version thereof.