The website www.musichess.com (hereinafter, the “website”) is the property of ALEJANDRO SEBASTIAN ENESCO (hereinafter “MUSICHESS”) with registered address at Foresta 8, 3ºB, and Tax ID number 70419241A.
MUSICHESS welcomes you and invites you to carefully read the General Conditions of Use for this website (herein after the “General Conditions of Use”), which describe the terms and conditions applicable to your browsing of the website, in accordance with the provisions of the applicable Spanish legislation. Given that MUSICHESS can, at any point in the future, modify these conditions of use, we recommend you consult them regularly in order to be duly informed of the changes made.
In order to ensure that the use of the website is transparent, clear and simple, MUSICHESS informs the user that any suggestion, doubt or enquiry will be received and resolved by contacting MUSICHESS at the telephone number 600934805 or the email address: firstname.lastname@example.org.
The user undertakes to make use of the services and facilities provided by this website in compliance with the Law, the provisions of these General Conditions of Use and in accordance with generally accepted decency, behavior and public order.
Accessing this website or using it in any form qualifies you as a “user” and implies that you unreservedly accept each and every one of these General Conditions of Use, with MUSICHESS reserving the right to modify them at any time. As a result, it is the user’s sole responsibility to read these General Conditions of Use each time they access the website and in the event that they disagree with any of the conditions, refrain from using it.
Additionally, we advise that particular conditions will occasionally be established for use of specific content and/or services on the website, and the use of such content or services implies your acceptance of the particular conditions implied within.
MUSICHESS offers users the possibility to:
- Access information on current events in music and chess.
- Access a virtual encyclopedia with information, biographies, photos, illustrations and works by composers, bands and other leading figures.
- Feature in lists users classified according to their collaboration in the project.
- Take part in competitions and contests. (To be defined)
- Publish and read articles on music and chess.
- Register on the website in order to use the services, share information, news articles on music and chess, images or photos with other users, or to add information to biographies already on the website.
- Access user profiles.
- Contribute suggestions, make enquiries or request help by using the contact form provided to this effect, or by email.
3. Privacy and Data Processing
Should you consider that MUSICHESS misuses your personal data, you can exercise your rights under the current legislation governing the protection of personal data (access, rectification, cancellation or revocation of consent) by sending a written communication to the postal address or email address of MUSICHESS indicated above.
4. Industrial and Intellectual Propert
The user acknowledges and accepts that all content displayed on the website and in particular, designs, texts, images, logos, icons, buttons, software, commercial names, brand or any other signs susceptible to industrial and/or commercial use are subject to the rights of Intellectual Property and all the brands, commercial names or distinctive signs, all the rights of industrial and intellectual property, regarding the content and/or any other elements included on the page, are exclusive property of MUSICHESS and/or third parties, who have granted us the right to use them, with the exception of those in the public domain. Therefore, the user undertakes not to reproduce, copy, distribute, make available or communicate publicly in any other form, transform or modify the aforementioned contents holding MUSICHESS harmless from any claims that could result from an infringement of the aforementioned obligations.
In no event does access to the website involve any form of renunciation, transmission, licensing, total or partial transference of these rights, unless expressly stated. The current General Conditions of Use do not grant its users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the website and/or its contents other than those which are expressly provided here. Any other use or exploitation of any rights will be subject to previous and express authorization specifically granted for such purposes by MUSICHESS or the third party titleholder of the affected rights.
The contents, text, photographs, designs, logotypes, images, computer programs, source codes and, in general, any existing intellectual creation on this website, as well as the site in itself as a whole, as a multimedia artistic site, are protected as copyright by the legislation on intellectual property. MUSICHESS is the titleholder of the elements which form the graphic design of the Website, the menus, navigation buttons, the HTML code, text, images, textures, graphics and any other type of content of the Website or, in any event available to the corresponding authorization for the use of said elements. The content available on the website should not be reproduced partially or in its entirety, or transferred, or registered for any system of information retrieval, in any form or in any medium, without previous authorization, in writing, from the aforementioned institution.
Likewise, it is prohibited to remove, avoid and/or manipulate the “copyright” as well as the technical protection devices, or whatever mechanisms of information that could contain contents. The user of this website undertakes to respect the rights set forth and to avoid any act that could damage them. At all times, MUSICHESS reserves the right to exercise legal means or action corresponding to the defense of its legitimate laws of intellectual and industrial property.
5. Obligations and Responsibilities of the User of the Website
The user undertakes to:
- Make appropriate and legal use of the Website as well its contents and services, in compliance with: (i) the current legislation applicable; (ii) the General Conditions of Use of the website; (iii) ethical and generally accepted good customs and (iv) public order.
- Have all the means and technical requirements required to access the website.
- Provide, update or share with other users reliable information on composers and bands. The user will be solely responsible for the false or inaccurate statements they provide and for the damage caused to MUSICHESS as a result of the information provided.
The user must also refrain from:
- Making unauthorized or fraudulent use of the website and/or the contents with illegal intentions or effects prohibited in the General Conditions of Use, causing damage to the rights and interests of third parties, or that in any form could damage, disable, overload, deteriorate or impede the normal use of the services or the documents, folders and all types of content stored in any computer equipment.
- Accessing or attempting to access resources or restricted areas of the website, without fulfilling the required conditions for access to such areas.
- Causing damage to the physical or logical systems of the website, to its providers or to third parties.
- Introducing or spreading viruses in the network or any other physical or logical system that have the potential to cause damage to the physical or logical systems of MUSICHESS, its providers or third parties.
- Attempting to access, use and/or manipulate the data of MUSICHESS, and other users.
- Reproducing or copying, distributing, allowing public access through whatever mode of public communication, transforming or modifying content, without the authorization of the titleholder of the corresponding rights or if it is not legally permitted.
- Deleting, hiding or manipulating the statements regarding the rights of intellectual or industrial property and other data relating to the rights of MUSICHESS, or to incorporated third parties regarding the content, as well as the technical protection devices or any other information mechanisms that could be inserted in the content.
- Obtaining or attempting to obtain contents using methods or procedures different to those which have been made available to the user, or which have been expressly indicated in the web pages where the content can be found or, in general, those which are routinely used on the Internet in order to avoid the risk of damaging or disabling a website and/or its content.
In particular, and for guidance purposes and not to be regarded as exhaustive, the user undertakes not to transfer, spread or make available to third parties any of the following: information, data, contents, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, and type of material that:
(i) In any way contradicts, undermines or violates the fundamental rights or civil liberties constitutionally recognized in international treaties and other current legislation.
(ii) Induces, incites or promotes criminal, denigratory, defamatory, libelous or violent actions, or in general, actions against the law, generally accepted morals and behavior, or public order.
(iii) Induces, incites or promotes actions, attitudes or thoughts which are discriminatory on the basis of sex, race, religion, beliefs, age or condition.
(iv) Incorporates, makes available or allows access to products, elements, messages and/or services of a criminal, violent, offensive, dangerous or degrading nature, or, in general, material which is contradictory to the law, unethical and against generally accepted good practice or public order.
(v) Induces or may induce an unacceptable state of anxiety or fear.
(vi) Induces or incites involvement in practices that may endanger, put at risk, or harm individuals’ health or mental stability.
(vii) Is protected by the legislation regarding intellectual or industrial protection of material belonging to MUSICHESS or to third parties without the necessary authorization of the intended use.
(viii) Is contrary to the honor, personal or family privacy, or the image of other persons.
(ix) Constitutes any form of unauthorized advertising.
(x) Includes any type of virus that impedes the normal functioning of the website.
If the user accesses any of the services and/or content of the website, and is provided with a password, they are obliged to use it diligently, keeping it secret at all times. The user will be responsible for its adequate safekeeping and confidentiality, undertaking not to provide it to any third party, temporarily or permanently, or to allow any outside individual’s access to the mentioned services and/or contents. Furthermore, they are obligated to notify MUSICHESS of any incident that could lead to unlawful use of their password, such as, including, but not limited to, its theft, misplacement or unauthorized access, with the aim of processing its immediate cancelation. In consequence, should the user not undertake the aforementioned conditions, MUSICHESS will not be held responsible for any result of the unlawful use of the user’s password, or any illicit use of the contents and/or services of the website by any illegitimate third party.
Access to services or content on the website is carried out under the user’s entire responsibility. In the case of minors or the disabled, parents, representatives or legal guardians must assume full responsibility for access, accompanying, supervising or taking appropriate precautions while they browse.
If through any negligent or willful act, any of obligations established in these General Conditions of Use are not complied with, the use will take responsibility for all damages that the aforementioned violation might cause to MUSICHESS or other third parties.
MUSICHESS guarantees, except in circumstances of force majeure, the correct functioning of the website, avoiding technical problems, maintenance work during business hours, and any other activity which might limit and/or partially interrupt use of the website by users.
MUSICHESS cannot guarantee continued access, viewing, downloading or usage of the elements and information contained on pages linked to this website pages if they are impeded, obstructed or interrupted due to circumstances beyond its control. MUSICHESS accepts no liability for any decisions that might be taken because of access to content or information provided by the aforementioned pages.
MUSICHESS, as owner of the website, is not responsible for any of the content, expressions or opinions offered or published on the website by users, who are solely responsible to all effects. MUSICHESS reserves the right to take any action or moderate in any way, including the publication or elimination of illegal content, which violates intellectual or industrial copyright laws, offensive, rude or inappropriate messages. The user is advised that content is periodically moderated, or on request from an affected third party, but never before publication, so as to guarantee, as far as possible, the most fundamental rights of freedom of expression and the free flow of information. However, the user is advised of the existence of automatic tools, which, before publication, control or block messages which appear to be spam, or which might be harmful in any way to the rights of third parties.
MUSICHESS can interrupt the service or absolve with immediate effect its relationship with the user if it detects that use of the website or any of the services offered on it is in contradiction to the current General Conditions of Use. MUSICHESS will not be held responsible for damages, losses, claims or costs derived from the use of the website. It will only be responsible for eliminating, at the earliest opportunity, content that could generate such dangers, when notified. In particular, they will not be held responsible for the damages that could derive from, among others:
- Interferences, interruptions, faults, omissions, telephone breakdowns, delays, blocks or disconnections in the functioning of the electronic system, motivated by deficiencies, overloads and errors in the telecommunication lines and networks, or by any other cause beyond the control of MUSICHESS.
- Illegitimate interferences through the use of malware of any type and through any form of communications, such as computer viruses or any others.
- Unlawful or inappropriate use of the website.
- Errors in security or navigation produced by a malfunction of the browser or by out of date versions of the browser.
MUSICHESS shall not be liable for any damage or harm caused by misuse of the freely available services by users of the website. Similarly, MUSICHESS is exempt from any responsibility for the content or information which might be received as a result of unlawful or incorrect use of these services.
The user will defend, compensate and hold MUSICHESS harmless of any damages or losses that could derive from claims, actions or demands from third parties as a consequence of your access or use of the website. Likewise, you are obliged to compensate MUSICHESS for any damages or losses, which could result from the use on your part of “robots”, “spiders”, “crawlers” or similar tools designed to collect or extract data or of any action on your part which imposes an unreasonable burden on the functioning of the website.
The user agrees not to reproduce in any way, not even through a hyperlink, the MUSICHESS website or any of its content without the express written permission of MUSICHESS.
The website includes links to other sites managed by third parties associated or not with MUSICHESS. In line with this, MUSICHESS does not accept responsibility for the content of these websites, nor does it consider itself as a guarantor or provider of the services and/or products offered by third party links. Consequently, any claims related to the services provided by these parties must be addressed to the holders of such websites.
The user is granted limited, revocable and non-exclusive rights to create hyperlinks to the homepage of the site solely for private and non-commercial use. Any Website which contains a link to our site (i) must not imply that MUSICHESS recommends that site or its services or products, (ii) must not falsify its relationship with MUSICHESS, state that MUSICHESS has authorized the link or include branding, commercial names, logos or any other distinctive MUSICHESS symbols, (iii) must not include content that could be considered of bad taste, obscene, illicit, offensive, controversial, incites violent, sexual, racial or religious discrimination or goes against public order, (iv) must not link to any page other than the homepage, (v) must link to the web address without reproducing the Website as part of its own, within its “frames” or creating a “browser” for any of the site’s pages. MUSICHESS will be able to request that a link be deleted at any time, after which it must be removed immediately. MUSICHESS is unable to control the information, content, products or services provided by other sites which link to ours.
8. Duration and Termination
Services provided through the Website are, in principle, indefinite. However, MUSICHESS may terminate or suspend any of the services provided through the website. When possible MUSICHESS will announce the termination or suspension of the specific service provided.
9. Force majeure
MUSICHESS will not be held responsible under any circumstance when services are not available due to prolonged interruption of the electrical supply, telecommunications lines, social conflicts, strikes, rebellions, explosions, floods, government acts or any other examples of force majeure.
10. Dispute Resolution. Applicable Law and Jurisdiction
The present General Conditions of Use and the use of the website are governed by Spanish legislation. Any dispute will be resolved before the courts applicable to the residence of MUSICHESS.If any provision of the present General Conditions of Use becomes unenforceable or null and void in virtue of the applicable legislation or as a result of a judicial or administrative resolution, such unenforceability of nullity will not mean that the present General Conditions of Use become unenforceable or null as a whole. In such cases, MUSICHESS will proceed to modify or substitute this provision with another, which is valid and enforceable, to the extent possible, achieving the objective and intention reflected in the original provision.