General Terms & Conditions
1. SCOPE OF APPLICATION / CONTACT DETAILS
These general terms and conditions (hereinafter referred to as "GTC") shall apply to all contracts concluded between us, DanceSport Digital s.r.o., Tulipánová 1866/60, 979 01 Rimavská Sobota, Slovakia, Telephone: +421 918 543 700, +36 70 635 4379, e-mail: firstname.lastname@example.org (“we”, “us”), and you as our customer via our website www.dancesport.digital and/or our mobile and/or desktop applications.
1.1. Divergent, contradictory or supplementary general terms and conditions of yours shall become part of the contact only if expressly accepted in writing by us. Our mere knowledge of your general terms and conditions shall not make them part of the contract.
1.2. The most current version of the GTC valid when the contract is concluded shall apply. You can access the GTC as occasionally amended on the DanceSport Digital website and on our mobile applications, at any time.
1.3. Our contact details are:
DanceSport Digital, s.r.o.
979 01 Rimavská Sobota
Telephone: +421 918 543 700, +36 70 635 4379
Authorized representatives: Ladislav Fejes (CEO - Chief Executive Officer, owner), Avera Bobadilla de Ivanova (CCO - Chief Content Officer, owner) & Erik Wegewitz (CPO - Chief Product Officer, owner) (business address: see above)
2. SERVICES, APPROVED CUSTOMERS, DESTINATIONS, ORDER QUANTITIES, THIRD PARTY RIGHTS AND AGREEMENTS
2.1. We offer you services relating to enjoying our library of music. Our services enable you to listen to music that will be streamed via the Internet to your device (“DanStream Services”). We offer the DanStream Services via our website and mobile applications ("DanStream Applications"). You will not receive copies of the music on a physical storage medium nor do you acquire a right to download the music, unless you opt-in for offline-mode to access the music currently available in our library, which is a special feature and only allows the consumption of music through DanStream Services. We are granting you the limited, non-exclusive and revocable right to use the DanStream Services and the contents, which are accessible on the DanStream Services, for personal and non-commercial purposes only. You are not allowed to distribute or assign those rights to any third party. We are not providing physical copies or reproductions of the music accessible on the DanStream Services. We do not grant you the rights to download such music unless you’ve opted-in for offline-mode, then you may only download such music to your device(s) within the application(s). We do not grant you unlimited access to our music library and its contents. DanceSport Records, s.r.o. remains the sole owners of the DanStream Services while DanceSport Digital, s.r.o. manages all operations, copies of the DanStream Applications stored on your devices and all contents, which can be accessed through the DanStream Services, at all times.
2.2. Our services are subject to a subscription fee. As part of the DanStream Applications we may offer additional features (such as but not limited to the possibility to follow other users, to create playlists, to get information about works and artists and benefit from other related services "Additional Features"). Any Additional Features are not part of the DanStream Services for which you may pay. We reserve the right to change and modify the Additional Features without giving notice within our reasonable discretion.
2.2.1 Subscriptions have two types, single payment subscriptions and recurring payment subscriptions. Single payment subscriptions let you use the DanStream Services for 30 days from the date of purchase. Recurring payment subscriptions also let you use the DanStream Services for 30 days but they renew themselves automatically when they would expire. The expiration date is always set to midnight, 30 days from the date of purchase, based on Western European Standard Time (GMT +1).
2.3 We undertake reasonable efforts to keep our services ready for use. Technical problems, however, may occur occasionally, which may lead to a temporary interruption of our service. Irrespective of that, the availability of content may depend on the country in which you are accessing our services. Some of the content offered on DanStream may not be available in certain countries. You agree and accept that we are not granting you the right to and are not liable to offer our services without interruption (e.g. due to technical reasons) and that we are not granting you the right to make use of and are not liable to offer you any specific content.
2.4. You may use the DanStream Services only if you act as a Consumer. A Consumer is a person who agreed to the Terms of the DanStream services and have registered a personal account for the use of the DanStream services.
2.5. You may use the DanStream services only, if (i) you are of legal age in your jurisdiction (i.e. 18 years or older in most countries), or you are at least 12 years old and have the permission to use the DanStream Services and enter into contracts with us from your legal guardians (i.e. your parents in most cases), (ii) you are entitled to enter into legally binding contracts with us and (iii) are not prevented by applicable laws from entering into such contracts and (iv) you are a resident in a country in which the DanStream Services are offered. You confirm that the data provided by you creating an DanStream account and subscribing to our services are truthful, correct and complete and that you will keep such data correct and up to date at any time.
2.6. We may limit your use of the DanStream Services so that you will be able to use only one device for playback of music at the same time.
2.7. This website uses Barion. Users are provided with secure payments with debit cards, credit cards or from their Barion account. Barion is an independent payment gateway that accepts debit cards, credit cards and e-money. It’s usage is even more comfortable after a quick registration. It uses a secure PCI-DSS certification so the user can access any of his/her saved cards just with an easy login with an email address and a password. Transactions go through immediately and can be tracked in the Barion mobile app as well. The level of security is certified by MNB (MNB certificate: H-EN-I-1064/2013). Protection against the abuse of payment cards is treated flexibly and fairly.
2.8. You acknowledge and agree that the owners of the Content (all album and track listings in the DanStream services) and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and DanceSport Digital, s.r.o., and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
If you have downloaded the App from the Apple, Inc. ("Apple") App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and DanceSport Digital, s.r.o. only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party's intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
2.8.1 You acknowledge that the DanStream service and therefore DanceSport Digital, s.r.o. is not responsible for payments and subscriptions initiated through Third Party Distributors. These payments and subscriptions are managed solely by the user and the Third Party Distributor under the Terms of the Third Party Distributor. Any conflicts between the Third Party Distributor’s payment system and DanStream’s own payment system must be resolved by the Consumer. Points of conflict might be at payment initiation through the DanStream website 1.) if the Consumer has ever had a subscription through Apple In-App purchase before but currently that subscription seems inactive, we notify the Consumer via a warning message; 2.) if the Consumer has an active subscription through Apple In-App purchase, DanStream will process the Consumer’s payment request and extend the Consumer’s subscription by 30 days. In this case DanStream is not able to check if the Consumer has recurring payments enabled through Apple In-App purchase therefore DanceSport Digital, s.r.o. is not responsible for any occurring double payments and is not required to reimburse the Consumer. DanStream will warn the Consumer about the possibility of multiple payments and the Consumer is responsible for taking action to avoid them. DanStream will also warn the Consumer every time when it detects ongoing multiple payments. The Consumer is responsible for disabling one (or more) of the payment options to ensure he/she is only paying once for the service.
2.9. Your agreement with us includes these Terms and any additional terms discussed in the Entire Terms and Agreements document, other than terms with any third parties (collectively, the "Agreements"). If you wish to review the terms of the Agreements, the current effective version of the Agreements can be found on DanStream's website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don't agree with (or cannot comply with) the Agreements, then you may not use the DanStream service or access any Content.
3. CONCLUSION OF CONTRACT AND INFORMATION ON CONTRACT CONCLUSION
3.1. The presentation and promotion of services in our websites, desktop and mobile applications does not constitute a binding offer for the conclusion of a contract.
3.2. In order to access the DanStream Services, you will first have to create a DanStream account. After visiting www.danstream.app, click on the button "Create Account" you will be asked to enter personal information such as your name and your email address. You may then identify and correct input errors, if any, prior to making your final binding offer. By clicking on the button "Create Account" after you have entered your information, you submit a legally binding offer.
3.3. After having created a DanStream account you will have the option to subscribe to DanStream, which is subject to a subscription fee. You will find further information about the subscription on our website (www.danstream.app). In order to subscribe to the DanStream services on our Mobile, Website and Desktop Apps you will be asked to choose your payment method and to enter your payment details. By clicking on the button to confirm after you have entered your information you submit a legally binding offer.
3.4. A contract for the provision of services is not yet concluded by creating an DanStream account and by the submission of your sign up as a DanStream subscriber. We reserve the right to not accept the sign up, in particular, if the registration information you have provided seems inconsistent. The contract between us shall not be concluded until we grant you access to the DanStream Services.
3.5. The contract will be concluded in English language.
3.6. The contract terms will be stored by us after conclusion of the contract but are no longer accessible to you.
3.7. On occasion we, or others in our name, may make offers which allow access to the DanStream Services at no cost for a certain period of time.
We reserve the right to determine the requirements for such an offer at our own discretion and to change such requirements and to end or withdraw such offer at any time without prior notification and which shall not result in any liability claims whatsoever as far as legally admissible.
In some cases, in order to make use of such an offer, we ask you to provide your payment details. At the end of such Trial Periods we are entitled to charge the monthly subscription fee automatically from the first day after the end of the offer and every recurring month. By subscribing to an offer you agree to such subscription fees. By supplying your payment details when subscribing to an offer, you agree to the subscription fees and you entitle us or the respective App Store to use such payment details for charging the subscription fees. In the case that you do not wish to obtain a paid subscription subject to subscription fees you are required to cancel your subscription at least 24 hours prior to the end of the offer in your DanStream account settings. Subscriptions which are subject to payments can be cancelled at least 24 hours prior to the end of the then current period of the subscription in the same manner. DanStream will not reimburse any fees which you may have paid unless otherwise expressly specified in these General Terms and Conditions. Your right of withdrawal will remain unaffected.
4. CHANGES OF THESE GENERAL TERMS AND CONDITIONS
4.1. Modifications to these GTC may become necessary, for example when we implement new technologies, introduce new services and/or the legal framework or its interpretation changes.
From time to time we may make editorial modifications to these GTC, which do not have an impact on your contractual relationship with DanceSport Digital. Such editorial modifications may include corrections of typing errors or updates of contact details which form part of the agreement.
4.2. In the case that we make modifications to these GTC, which would affect your contractual relationship with DanceSport Digital, we will inform you by email or other communication in text form to the contact details you have provided that the GTC have been updated and can be accessed with a provided URL link. Such notification will contain a reference to your right to object to the modifications, as well as a reference to the consequences of your objection. Please read such notifications carefully.
In case you do not wish to continue using our services under the new GTC, you may terminate the agreement by sending us a message in text form (e.g. via email: email@example.com or firstname.lastname@example.org). We will set a reasonable period of time during which you may object to the changes and will inform you about the consequences of such objection.
If we do not hear from you within 5 business days from the day the notification was given, your consent to the changes will be deemed given. We will inform you of the above described consequences of you not responding to our proposal within such communication.
5.1. The software we provide to you (including the DanStream Applications) is licensed to you on the basis of a limited, non-exclusive, revocable license.
5.2. The content provided to you through the DanStream Services and DanStream Applications may be copyrighted works and we grant you a limited, non-exclusive, revocable license to reproduce the content only by using the DanStream Services and DanStream Applications for personal use.
5.3 You are not entitled to copy, transfer, rip, record or to make any other physical or non-physical use of the software and the content provided by us in any manner unless explicitly permitted herein. You are not entitled to forward your password to any third party or to allow any third party to use your account and password. Furthermore, you are not entitled to circumvent any geographical limitation implemented by us.
5.4 All software and content provided to you as well as all trademarks, logos and names remain in our sole property and the property of our licensors at any time, including any copies which may have been installed on any of your devices.
6. THIRD PARTY APPLICATIONS
7. USER GENERATED CONTENT
7.1. When using the DanStream Services and DanStream Applications, you may have the possibility to provide content to us, including but not limited to pictures, photographs, text, music, playlist compilations and/or other works that may or may not be subject to copyrights (“User Generated Content”). You grant us a non-exclusive, transferable , sub-licensable, royalty-free, worldwide license to all User Generated Content you provide to the DanStream Services, allowing us to reproduce, distribute, recite, perform, present, make available publicly and/or broadcast the User Generated Content. This license terminates when your subscriptions to the DanStream Services terminate. However, if you have shared User Generated Content with others or made it publicly available through the DanStream Service, the license is valid for an indefinite period of time.
7.2. We may remove User Generated Content from the DanStream Services and DanStream Applications or block access to it if it violates any applicable law or third party rights or is not suitable for minors in the course of modifying and improving the DanStream Service and/or in our reasonable discretion. You will indemnify and hold us harmless from any third party claim arising from a breach of any representation, warranty, covenant or obligation hereunder, including any legal costs in connection with your User Generated Content. This does not apply in case of your inadvertent infringement.
7.3. You hereby grant, warrant and represent that you hold all rights in such User Generated Content which are necessary for the grant of rights under this agreement, that no obligations towards any other party prevent you from concluding and fulfilling this agreement and that the User Generated Content does not infringe any third party rights or any applicable law.
7.4. We are not obligated to monitor User Generated Content for infringements of third party rights and we do not endorse any opinion included in User Generated Content. If you believe that User Generated Content infringes your rights, the rights of a third party or applicable law, please contact us via any of the contact methods listed in clause 1.3 above. We will investigate any complaint without undue delay.
8. TERM AND TERMINATION
8.1. You can subscribe to DanStream on either a monthly (30 days) basis starting upon payment of the monthly subscription fee or on a yearly (365 days) basis starting upon payment of the yearly subscription fee. The monthly contract shall renew after every 30 days, at the end of your then current month of subscription. The yearly subscription doesn’t renew automatically.
You can terminate the contract at the end of each subscription period, but at least 24 hours prior to the end of your then current subscription period, in your DanStream account settings. DanStream can terminate the contract with you at the end of each month of your subscription, but at least 24 hours prior to the end of your then current subscription period. DanStream will not reimburse any fees which you may have paid unless otherwise expressly specified in these General Terms and Conditions. Your right of withdrawal will remain unaffected.
8.2. Each party reserves the right to terminate this agreement with immediate effect for good cause. We reserve the right to terminate or disable this agreement with immediate effect for legitimate reasons respecting your legitimate interests at any time, including in cases of unauthorised use of the DanStream Software and/or the DanStream services or in the case of non-compliance with this agreement
8.3. Each notice of termination pursuant to 8.3 must be sent in text form (e.g. via email).
8.4. Each notice of termination must be sent in text form (e.g. via email).
8.5. We reserve the right to block your access to DanStream Services and DanStream Applications if we have reason to believe that you have severely breached this agreement and only for a reasonable period of time necessary to investigate such alleged breach.
9. CODES OF CONDUCT
10. CUSTOMER SERVICE / SUPPORT
If you have any questions, comments or complaints, as well as other notifications regarding your order or subscription, please send them to us by e-mail using the contact details specified above in clause 1.3.
You may send any notice in connection with this agreement to the contact details set out in clause 1.3 above. We will send any notice in connection with this agreement to one of the contact details you provided in your user profile. You are obligated to update your user profile, in particular your email address, whenever any of your contact details have changed.
12. FULL CONTRACT AND SEVERABILITY CLAUSE
12.1 With the exception of all explicit agreements in writing between you and us, these GTC set forth the entire terms and conditions between you and us with respect to the subject matter hereof, merge all prior discussions between you and us and supersede all existing agreements among them concerning the subject matter of the agreement.
12.2 In the event any portion of the agreement may be determined by any governmental body or court of competent jurisdiction to be unenforceable, the balance of the agreement shall be severed therefrom and remains in full force and effect unless a failure of consideration would thereby result.
13. APPLICABLE LAW AND PLACE OF JURISDICTION
Slovakian law shall apply with the exception of the United Nations Convention on Contracts for the International Sale of Goods. If you are a merchant, a legal entity under public law, or special assets under public law, the exclusive place of jurisdiction for any and all disputes arising from or in connection with this agreement shall be Bratislava, Slovakia. This shall also apply if you do not have a general place of jurisdiction in Slovakia or if you relocate your place of residence or habitual place of abode to a location outside Slovakia or in case your place of residence or habitual place of abode is not known at the time the proceedings are brought in the courts. Arbitration proceedings shall be excluded.