Terms of Service

Object and acceptance of the Terms of Service

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.com, as well as the content showed and made available to USER s. 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 USER s on the Website.

HERZIO .fm is an intermediary that allows authors and holders of rights (“THE BAND”) to publish their work, as well as to carry out commercial activities to sell merchandising and tickets for their live shows. 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.

2. Parties' Rights and Responsibilities.

HERZIO is forced to give a space to THE BAND in its Internet server for the term of this agreement to facilitate the access to their work to those USER s that wish to listen to it, as well as carry out the following mediation activities in the sales made by THE BAND of their merchandising products and tickets for their live shows: Publishing THE BAND's sale offers; Producing their merchandising products and Generating the physical or digital ticket sold; Sending the products to the address designated by the buyer and manage THE BAND's charges and payments, previous deduction of HERZIO 's fee for its mediation service. The form of generating and publishing merchandising and tickets offers are better explained at http://herzio.com/home/fanstore_info, and THE BAND agrees to know and accept it.

THE BAND will be the one to upload their work automatically to the service provided at HERZIO .com and manage it, HERZIO limits its activity to technical maintenance of the space given to THE BAND. The work uploaded by THE BAND to HERZIO .com will be also accessible from HERZIO .fm.

HERZIO will keep the database, that links the work published by THE BAND, updated with information about the title, author and interpreter of every piece of work.

The aforemetioned data will be provided by THE BAND to HERZIO , in the contrary, HERZIO will be exempted of the aforementioned in reference to the specifications of THE BAND.

HERZIO will allow the correction of omitted or erroneous information by THE BAND, whenever.

HERZIO may cease its activity any time, as well as modify the service provided, either by accidental or substantial aspects, prior notice to THE BAND. THE BAND may conclude this agreement any time by canceling their USER account. 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.

Notwithstanding the aforegoing, HERZIO will complete the procedures and payments for THE BAND's sales completed before the termination of the agreement.

3. Price for the use of service

THE BAND that publishes its work will be able to do it for free, HERZIO won't charge any sum for the assignment of hosting, nor for other tools or technical elements needed to publish content at HERZIO .fm. Furthermore, HERZIO won't pay THE BAND any sum for publishing intellectual works using its service.

However, THE BAND can put their merchandising products for sale using the service, as stated in [include link]. HERZIO will show the product and price selected by THE BAND in its website HERZIO .fm, process the orders placed by USER s that wish to acquire the product, manage the payments, produce the products sold and send them to their destination. HERZIO will charge 8% (no taxes included) over the ticket price established by THE BAND in euros (tax included) for this mediation service. The buyer will be the one to pay this commission, and THE BAND will receive the total sum established as retail price. Notwithstanding the aforegoing, HERZIO will charge the USER for the shipping costs to the delivery address provided by the USER .

THE BAND can sell tickets for their live shows using the service provided by HERZIO . HERZIO will publish the offer on its website along with all the information provided by THE BAND in reference to ticket prices, date, time and place for their live show; process the orders placed by USER s, manage payments and generate physical and/or digital tickets and send them to the buyers. HERZIO will charge 8% € (non taxes included) for this mediation service. The difference between HERZIO 's commission and the general price selected by THE BAND for the tickets will be the sum that THE BAND will receive for the ticket sale and HERZIO will pay that sum into THE BAND's PayPal account in a maximum period of 72 hours after HERZIO receives the payment of the ticket sold. Notwithstanding the aforegoing, HERZIO will charge the USER for the shipping costs to the delivery address provided by the USER .

In both cases THE BAND is the one that commercializes its merchandising products and show tickets and HERZIO 's activity is limited to mediation. For this reason, THE BAND agrees to meet all the fiscal responsibilities and corresponding authorizations to carry out their activities, including those payments required by management entities for holding their live shows.

THE BAND may remove its offers any time, whereas the orders processed before the removal will be managed according to the terms described hereby.

HERZIO has the rights to remove THE BAND's sale offers if there is knowledge or justified suspicion of illicitness or infraction of third party rights.

4. Language of the Terms of Service

The Terms of Service described hereby are presented in English language.

5. Privacy

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 .

6. Intellectual property

THE BAND declares to have exclusive rights -and that they will continue to have exclusive rights during the term of this agreement- over the work published in this website, that the work does not infringe third party rights, that it is free from charges or burdens and that they have complete availability for its use.

7. Authorisation of intelectual property use for service provision.

The acceptance of the Terms of Use described hereby entails that THE BAND grants HERZIO a not exclusive free license of use, effective worldwide, transferable, and authority to sublicense reproduction, distribution, public communication and transformation rigths that they may have over the work uploaded to the service provided, and as long as the grantor has it work accessible from HERZIO 's service with the only objet and scope that the work may be hosted and spread in the website.

THE BAND holder of the rights of the work uploaded to HERZIO .com will continue to be the exclusive holder thereof, so the authorization contained in this section, is just valid in the effects that HERZIO can host the work that THE BAND publishes on the service provided.

The assignment of rights to HERZIO of the contents uploaded to the service provided will only last as long as THE BAND has its work published on HERZIO .com or HERZIO .fm or until they cancel their account. The content removal or account cancelation by THE BAND, the aforementioned content won't be available for the rest of USER s, but HERZIO may have backup copies of the website that might have been done when the content was still accessible.

8. Assignment of rights of image for the service provided.

THE BAND may upload pictures in which they may be represented to illustrate their USER profile.

The acceptance of the Terms of Service entails that THE BAND grants HERZIO a not exclusive free license of use, effective worldwide, transferable, and authority to sublicense the rights of image associated to to their pictures uploaded to HERZIO .com, as well as reproduction, distribution, public communication and transformation intellectual property rights that they may have over the picture, may it be considered as photographic work of art or as a mere picture.

The assignment of rights of intellectual property and image shall last as long as the USER has the picture published in their profile at HERZIO and its only objective will be to be shown to the rest of USER s of the service, and HERZIO shall not carry out any other activity different from hosting and showing the pictures as chosen by THE BAND in the management of their own USER profile.

9. Liability for improper use of the service and infringement of rights.

The USER recognizes that HERZIO is not responsible for the possible illicitness or breach of rights of the activities carried out by USER s 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 USER s.

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-commerce Services Act.

HERZIO reserves its right to cancel the account of the USER who might be using it to infringe third party rights.

10. Advertising

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 USER s. The aforementioned commercial communications may refer to HERZIO 's activities or to third parties.

11. Applicable law and jurisdiction.

Both parties agree to comply the agreement hereof with current Spanish legislation and with Madrid (Spain) Court in particular.

12. Changes in the Terms of Service

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 USER s 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.