TERMS AND CONDITIONS
FOR THE USAGE OF THE MUSIC PORTAL FAIR PRICE MUSIC

Operated by Fair Price Music, s.r.o based in Rostislavovo namesti 2936/12, Kralovo Pole, 612 00 Brno, ID 293 79 434 registered in the Commercial Register by Regional court in Brno, Section C, insert 76151.

Definition of terms:

Operator’s Bank Account: an account or accounts maintained by a bank on behalf of the Operator, which is/are used exclusively for the collection of Customer and Musician funds, and for the settlement of payments between Customers and Musicians and for the settlement of liabilities of Musicians towards the Operator. The Operator’s Bank account is maintained by entities authorized to operate as a bank in the following currencies: CZK, USD and EUR.

Musician’s Bank Account: Musician’s account at a bank or a financial institution, which Musician registers in the Musician’s Personal Account. Musician may register as his Musician’s Bank Account only an account of such entity, which is currently supported by the Portal.

Donation: a financial gift/donation, which is provided by a Customer at his/her own discretion to a Musician through the Portal with no entitlement to any compensation or anything in return from Musician. Donation gathering and obtaining is not an attempt to obtain it for public benefit, the use of the collected Donations is at Musician’s own discretion.

FPM Player and FPM Playlist: Tools for promoting Musicians and bands for the purpose of future sales. They are part of the Portal and may be shared.

Musician: An individual or legal entity who sells Music Goods through the Portal exclusively by electronic means and for electronic consumption or who uses the Portal to promote his Music Goods or who raises funds for his own activities through the Portal, and who has signed the Agreement of Portal Usage with the Operator. For the purposes of these Terms and Conditions, a music group or other group of musicians performing under a general name (“Band”) is also considered Musician.

Music Goods: a musical piece, musical-dramatic work or other sound recordings and all related art work such as texts, graphics, photographs and titles, exclusively in electronic form and created by Musician or for which Musicians owns copyright or is entitled to use the work under a license or other similar agreement.

Credit: funds paid by a customer and recorded on the Credit Account of the Customer or Musician. These funds are in the same amount and currency deposited on the Operator’s Bank Account and are recorded as a liability to the Customer or Musician, and that is until the Customer or Musician gives an instruction to their use in accordance with these Terms and Conditions, or until it comes to the settlement of such funds in accordance with these Term and Conditions.

Musician’s Credit Account: Personal account of the Musician maintained by the Operator, which registers all payments received from Customers for the Music Goods of the Musician and received Donations in Musician’s favour or put in the Operator’s Bank Account for the purchase of the Portal’s services, Music Goods or Donations. Musician’s Credit Account is designated under a unique number assigned by the Portal. Musician’s Credit Account is available in all currencies currently supported by the Portal.

Customer’s Credit Account: Personal account of the Customer maintained by the Operator, which registers all payments received by the Operator from the Customer and their usage. Customer’s Credit Account is designated under a unique number assigned by the Portal. Customer’s Credit account is in one currency.

Visitor: Any person who visits the Portal for any purpose.

The Civil Code: Law No. 89/2012 Coll., The Civil Code of the Czech Republic, as amended.

Musician’s Personal Account: Summary of details stored by the Portal about the Musician. Musician is obliged to keep these details up to date.

Customer’s Personal Account: Summary of details stored by the Portal about the Customer. Customer is obliged to keep these details up to date.

Portal: internet application (web sites) operated by the Operator, which is used to display and sell Music Goods, and for settlements of claims and liabilities arising from the sale of Music Goods and Donation. The Portal provides Musician with internet sites which are part of his/her profile, where FPM Player and FPM Playlist are also part of it.

Commission: The fee for the transaction of the sale of the Music Goods and collection of Donations is set as 10% from the price of Music Goods and 5% from Donations, whereas Transaction Fees associated with the payment of the price for the Music Goods or Donations are not included in the calculation of the Commission.

Operator: Fair Price Music, s.r.o based in Rostislavovo namesti 2936/12, Kralovo Pole, 612 00 Brno, ID 293 79 434 registered in the Commercial Register by Regional court in Brno, Section C, insert 76151.

Direct Payment: Payment for Music Goods or Donation on the Portal with a payment card or through the Paypal platform.

Musician’s Reference Currency: Musician’s Credit Account currency, which Musician has selected for the payment of funds from the Musician’s Credit Account.

Registration Form of the Musician: A form which is completed by Musician during his registration on the Portal. By completing and agreeing to the Terms and Conditions, and submitting the form, an Agreement of Portal Usage arises between Musician and Operator.

Registration Form of the Customer: A form, which is completed by Customer during his registration on the Portal. By completing and agreeing to the Terms and Conditions, and submitting the form, an Agreement of Portal Usage arises between Customer and Operator.

Agreement of the Portal Usage: An agreement between Operator and Customer or an agreement between Operator and Musician, which is entered into by the completion and submission in electronic format of the Registration Form to the Operator and by acceptance of these Terms and Conditions. This Agreement of Portal Usage is kept by the Operator and not freely available.

Transaction Fee: All costs associated with the payment transactions, charged by the payment system provider such as bank, Paypal platform and other payment platforms, which are, or will be used on the Portal.

Customer: An individual, who for his exclusive personal use and not in the course of his business or for resale, purchases Music Goods or provides Donations through the Portal; the individual has completed the Registration Form or Simplified Registration Form and accepted these Terms and Conditions. For the purposes of these Terms and Conditions, Customer is synonymous with the terms Fan and Listener.

Simplified Registration Form of the Customer: A form, which is completed by the Customer on the Portal in case of interest in realizing a single payment for Music Goods or Donation. By completing the form, agreeing to the Terms and Conditions, an Agreement of Portal Usage is entered into between the Customer and Operator.

TERMS AND CONDITIONS BETWEEN OPERATOR AND CUSTOMER

  1. 1. AGREEMENT OF PORTAL USAGE

    1. 1.1. A person interested in the use of the Portal may use the Portal services as Customer when he enters into an Agreement of Portal Usage with the Operator.
  2. 2. PROCESS OF ENTERING INTO THE AGREEMENT OF PORTAL USAGE

    1. 2.1. The Agreement of Portal Usage is entered into electronically by completing the Registration Form of the Customer or Simplified Registration Form of the Customer with all its required information and by its electronic submission to the Operator and agreeing to these Terms and Conditions. Terms and Conditions are agreed by the person interested if the appropriate check-box was checked while completing the Registration Form of the Customer.
    2. 2.2. Customer specifies a unique name and password during the registration process.
    3. 2.3. In case of loss of name and password, the Operator sends new login information per Customer’s request to the Customer’s email address. The Customer will be prompted to change his temporary password upon his first login.
    4. 2.4. Customer is obliged to protect his password against unauthorized use. The Operator is not liable to the Customer for any damage caused by the misuse of the Customer’s password.
    5. 2.5. By entering into the Agreement of Portal Usage, the Customer agrees and understands that the performance of the services based on the Agreement of Portal Usage by the Operator begins immediately upon entering the Agreement of Portal Usage, at which time access to the services begins. After entering into the Agreement of Portal Usage, Customer is provided with a possibility to enter into Donation agreements and Agreement to acquire the rights to use Music Goods as defined below with Musicians registered on the Portal.
    6. 2.6. The Customer is obliged to inform the Operator immediately about any errors made by the Customer when filling out any form on the Portal on the contacts listed on the Portal, whereas these errors shall be removed in conjunction with the Operator. Submitting an Agreement is not considered an error.
  3. 3. USE OF THE PORTAL, USE OF THE CUSTOMER’S CREDIT ACCOUNT

    1. 3.1. With the exception of Customers who completed the Simplified Registration Form and whose specific status is regulated in Article 3.11 below, the Customer may, before using the services of the Portal, charge the Customer’s Credit Account with the necessary amount of funds. Adding funds to the Customer’s Credit Account is done by using Customer‘s payment card or through the PayPal payment system or in any way approved by the Operator. Payment provided to charge the Customer’s Credit Account must always be identified by presenting an allocated number of the Customer’s Credit Account as the variable symbol, or other indication of a sufficiently specific identifier.
    2. 3.2. Customer agrees to pay all transaction fees. In case of payment by Customer from a bank account held in the Czech Republic or outside the Czech Republic, it must be sent in such a way that all Transaction Fees are covered by the Customer exceeding the price of the purchase rights to use the Music Goods or Donation or value of the charged Credit. Otherwise, the Transaction Fees related to the payment received by the Operator will be debited from the Customer’s Credit Account, with which the Customer explicitly agrees.
    3. 3.3. The Operator charges all Transaction Fees related to the charging of the Customer’s Credit Account to the Customer. All Transaction Fees exceeding the value of the charged Credit shall be paid by the Customer . Otherwise, the Transaction Fees related to the payment accepted by the Operator will be debited from the Customer’s Credit Account, with which the Customer explicitly agrees.
    4. 3.4. The Customer is authorized to give an instruction by a message from the Customer’s Personal Account to transfer funds registered in the Customer’s Credit Account to a bank account, which the Customer determines as requested. The amount, which is to be refunded to the Customer’s designated account will be reduced by a lump sum of 400,- CZK, or $ 20 (USD) or € 20 (EUR) or the equivalent of € 20 (EUR) in case of using currency other than CZK, USD, or EUR. If the balance of funds registered in the Customer’s Credit Account is less than the lump sum above, the refund shall not be realized.
    5. 3.5. All transaction costs or fees related to any refunds from the Customer’s Credit Account are paid by the Customer and that is above the lump sum referred to in point 3.4.
    6. 3.6. Confirmation of any funds being credited to the Customer’s Credit Account will be sent to the email address in the Customer’s Personal Account.
    7. 3.7. The funds deposited on the Customer’s Credit Account may be used by the Customer solely for the following payments:
      1. 3.7.1. Purchase of the Music Goods offered by the Musicians on the Portal
      2. 3.7.2. Donation to Musicians registered on the Portal
      3. 3.7.3. Any applicable refunds to the Customer’s bank account after deducting lump sum in accourdance with points 3.4. and 3.5.
    8. 3.8. On acquisition of the rights to use the Music Goods through the Portal by the Customer, a business relationship arises directly between the Musician and the Customer, and the Operator is the provider of such acquisition of rights to use the Music Goods. When acquiring the rights to use the Music Goods, the Customer makes an agreement with the Musician as the provider about the rights to use the Music Goods for the personal use of the Customer, by which the Musician grants the Customer the right to use the Music Goods for the Customer’s personal use without limitations, for an unlimited time and in unlimited territories and the Customer accepts the right (“The Agreement of the acquisition of the rights to use the Music Goods”). This Agreement of the acquisition of the right to use the Music Goods cannot by any means be terminated by the Musician or the Customer. The price for the right to use the Music Goods is determined by the Musician, whereas the final price for this acquisition is set already in the online form, which the Customer accepts prior to ordering the right to use the Music Goods. The price for the right to use the Music Goods can be unilaterally changed prior to finalizing the Agreement of the acquisition of the right to use the Music Goods. The Agreement of the acquisition of the right to use the Music Goods is entered into by the Musician and the Customer at the moment when the amount of the price for the right to use the Music Goods was debited from the Customer’s Credit Account or in case of the Simplified Registration of the Customer at the moment, when it was credited to the Operator’s Bank Account. After paying for the rights to use the Music Goods, the Customer will be provided with a link to download the paid Music Goods, whereas the Customer may cancel the Agreement of the acquisition of the right to use the Music Goods anytime before downloading the Music Goods; after downloading the Music Goods, the Customer is no longer entitled to cancel the Agreement of the acquisition of the right to use the Music Goods.
    9. 3.9. On acquisiton of the right to use the Music Goods through the Customer’s Credit Account, the amount of the price paid for the rights to use the Music Goods is debited from the Customer’s Credit Account and after deducting the Commission credited to the Musician’s Credit Account. When providing a Donation, the donated amount is debited from the Customer’s Credit Account and after deducting the Commission credited to the Musician’s Credit Account. The minimum amount of a Donation is not set, the maximum amount is limited by the balance of the Customer’s Credit Account. The Operator does not charge the Customer any fees related to the provision of a Donation. The Customer is fully responsible for the settlement of his tax and other duties which may arise in connection with the acquisition of the rights to use the Music Goods or through providing the Donation. The Operator shall not be liable in any way for the execution of the tax duties of the Customer or the Musician. With prior notice in an electronic format, the Operator is entitled to require a compensation for a tax duty which might arise to the Operator in relation to the Donation.
    10. 3.10. The Customer can obtain information through the Portal about the data related to his Credit Account in particular
      1. 3.10.1. the balance of the Customer’s Credit Account
      2. 3.10.2. the information about transactions (account fulfillment, payment for the Music Goods, and for any Donations) for a selected period.
    11. 3.11. The Customer, who did not add any funds to his Credit Account or who did not complete the Simplified Registration Form, is entitled to use the Portal even without adding any funds to the Credit Account. Such Customer is entitled only for Direct Payment for the Music Goods or Donations, whereas the Transaction Fees for the purchase of the Music Goods or Donation are deducted from the price of the Music Goods from the Musicians by the Portal in its full amount. Other provisions of this Article 3 shall apply adequately.
    12. 3.12. The Operator is not responsible to the Customer for the quality or completeness of the Music Goods. Any dispute between the Customer and the Musician shall be resolved solely between Customer and Musician.
    13. 3.13. When providing the Musician with a Donation, the Customer as the donator and the Musician as the recipient enter into a Donation Agreement, by which the Customer donates to the Musician a gift in the amount specified in the form for the Donation and the Musician accepts such gift from the Customer (“Donation Agreement“). The Donation Agreement is entered into between the Musician and the Customer at the moment when the amount of the Donation is debited from the Customer’s Credit Account or in case of simplified registration of the Customer at the moment when it was credited to the Operator’s Bank Account.
    14. 3.14. The Customer is apprised in the form, which the Customer approves before ordering the rights to use Music Goods, with the specification of the Musician or a person, who provides the Customer with the right to use the Music Goods.
    15. 3.15. The Operator is obliged to inform the Customer about important content, functions, tools and affairs of the Portal, at its discretion, in order to inform and or providing an offer to the Customer.
  4. 4. TERMINATION OF THE AGREEMENT OF PORTAL USAGE

    1. 4.1.The Agreement of Portal Usage is open ended for an undefined duration.
    2. 4.2. The Customer is able to terminate the Agreement of Portal Usage at any time by completing the form located on the Portal after accessing his account in all mandatory fields from his account and by its submitting it electronically to the Operator.
    3. 4.3. The Operator may terminate the Agreement of Portal Usage and cancel a Customer’s Credit Account for any reason; Operator is not required to inform Customer of the reason of cancellation. In case of other than zero balance on the Customer’s Credit Account, the Operator will process the settlement of the balance in accordance with Article 3.4 above. The Customer is informed about the termination of the Agreement of Portal Usage by the Operator by e-mail to the address provided in the Customer’s Personal Account.
    4. 4.4. The Operator is also entitled to terminate the Agreement of Portal Usage in case the Customer violates these Terms And Conditions or if his behavior is incompatible with the proper functioning of the Portal.

TERMS AND CONDITIONS BETWEEN THE OPERATOR AND THE MUSICIAN

  1. 5. AGREEMENT OF PORTAL USAGE

    1. 5.1. The Musician can use the service of the Portal if he enters into the Agreement for the Portal Usage with the Operator. The agreement is entered into electronically and that is by completing all mandatory fields in the Musician’s Registration Form, agreeing with these Terms And Conditions by ticking the appropriate box andand submitting electronically to the Operator. The Agreement of Portal Usage between the Musician and the Operator is by its content a broker agreement. The Operator commits to the Musician that it will perform activities which should enable the Musician to close a purchase agreement through the Portal., Agreement to obtain the right to use the Music Goods or Donation Agreement with the Customer,The Musician agrees to pay a Commission to the Operator as set in these Terms And Conditions. The Musician understands that entering into the Agreement of the Acquisition of the Right to Use the Music Goods is based on provision 3.8 of these conditions and agrees that he wants to enter into them with any amount of Customers and with any Customer who shows an interest.
    2. 5.2. After receiving the Registration Form of the Musician, the Operator will send information to complete the registration process to the Musician’s e-mail, where the Musician sets his own unique password.
    3. 5.3. The Musician is obliged to change his password by request of the Portal. The Musician is obliged to protect his selected password against misuse. The Operator is not liable to the Musician for any damaged related to the misuses of the Musician’s password.
    4. 5.4. By entering into the Agreement of Portal Usage, the Musician agrees with and understands that the performance of services based on the Agreement fo the Portal Usage begins right after entering into the Agreement of Portal Usage, as such the Musician is entitled to use these services right after closing the Agreement of Portal Usage.
    5. 5.5. The Musician is obliged to immediately inform the Operator about changes to the contact information, which is placed on the Portal, about any errors made by the Musician during the completion of any form on the Portal, whereas these errors shall then be removed in conjunction with the Operator. Submitting an Agreement is not considered an error in completing the forms.
  2. 6. USE OF THE PORTAL, USE OF THE MUSICIAN’S CREDIT ACCOUNT

    1. 6.1. Musician’s Credit Account is available in all currencies which are used by the Portal.
    2. 6.2. The Musician is required to set one currency on the Musician’s Credit Account which shall then be the Musician’s Reference Currency. This Musician’s Reference Currency must correspond with the currency of the Musician’s bank account specified in the Musician’s Personal Account. He will be paid in this currency based on the Musician’s Credit Account as in section 6.8.
    3. 6.3. Funds are received in Musician’s Credit Account by the purchase of the rights to use the Music Goods by the Customer and that is via transfer from the Customer’s Credit Account through the Portal or by Direct Payment from the Customer. Musician’s Credit Account can also be filled through Donations from the Customer and that is via transfer from the Customer’s Credit Account through the Portal or by Direct Payment from the Customer.
    4. 6.4. When funds are received in Musician’s Credit Account via payment from the Customer’s Credit Account, the equivalent of the full price for the Music Goods or Donation, for which the Customer purchased the right to use the Music Goods or provided Donation, from which the Comission is deducted, is credited to the Musician’s Credit Account.
    5. 6.5 The amount under Section 6.4. is always credited to the Musician in the currency of the Customer’s Credit Account, from which it was credited. If the Musician doesn’t have the price of the Music Goods or Donation set in Customer’s designated currency, then the current exchange rate will be set by the Portal ans will be used for the conversion.
    6. 6.6. When funds are received in Musician’s Credit Account by Direct Payment from the Customer, the equivalent of the full price for the Music Goods or Donation less the Commission and Transaction Fees will be credited to the Musician’s Credit Account.
    7. 6.7. The amount according to Section 6.6. is credited to the Musician always in the currency selected by the Customer during the purchase. If there is no price set by the Musician for Music Goods, or Donation in the currency selected by the Customer, the current exchange rate will set by the Portal and used for the currency conversion. If the Customer selects a different currency for the purchase other than what is offered to him during the payment of the price for the right to use Music Goods for which GeoIP services are used to determine the suggested currency, Musician will be credited the amount based on Section 6.6., converted to the currency selected by the Customer from the price of the Music Goods in the currency offered by the Portal. In such cases, the current exchange rate set by the Operator for the Portal will be used.
    8. 6.8. The funds registered on the Musician’s Credit Account are automatically sent to the bank account of the Musician listed in the Musician’s Personal Account in the Musician’s Reference Currency once a month, only if they exceed the amount of 2EUR, or the equivalent 3USD, 50CZK. The payment will be reduced by any Transaction Costs associated with the transfer. If funds registered on the Musician’s Credit Account are in other currencies than the Musician’s Reference Currency, they will be converted to the Musician’s Reference Currency prior to the transaction using the current exchange rate set by the Operator.
    9. 6.9. If it is required by current law, VAT at the statutory rate will be added to the Commission by the Operator.
    10. 6.10. Musician is solely responsible for settlement of his tax and other obligations (including value added tax, income tax, gift tax, withholding tax on transactions outside the Czech Republic, etc.), which may arise in connection with the sale of the rights to use the Music Goods or accepting Donations. Musician is solely responsible for the settlement of his tax and other obligations, the Operator is not liable by any means for fulfilling the tax duties by the Customer or Musician. The Operater is entitled after prior electronical notice to request a compensation of any tax duties from the Musician which may arise to the Operater in connection with the sale of the rights to use Music Goods of the Musician or by accepting Donations by the Musician.
    11. 6.11. Musician is solely responsible for the quality and completeness of the Music Goods. In any case in which Operator deems it necessary to remove Music Goods from the Portal due to objectionable content following one or more Customers having paid for said Music Goods, the Operator is entitled to withhold any funds paid by Customer from Musician and/or return to the Customer minus the flat fee pursuant to Article 3.4 above, which shall apply adequately also to the legal relationship with the Musician.
    12. 6.12. The Operator is obliged to inform the Musician about important content, functions, tools and affairs of the Portal, at its discretion, in order to inform and or providing an offer to the Musician.
  3. 7. TERMINATION OF THE AGREEMENT OF PORTAL USAGE

    1. 7.1. The Agreement of Portal Usage is entered into for an undefined duration.
    2. 7.2. Musician is entitled to terminate the Agreement of Portal Usage at any time and that is by completing the application placed on the Portal in all mandatory fields and by its electronical submission to the Operator.
    3. 7.3. The Operator is entitled to terminate the Agreement of Portal Usage and cancel the Musician’s Credit Account. Musician shall be informed about the termination of the Agreement of Portal Usage by email as set in the Musician’s Personal Account.
    4. 7.4. In case of termination of the Agreement of Portal Usage and other than zero balance on the Musician’s Credit Account, the Operator shall settle the balance, wherease the provisions of Article 3. above are used adequately.

INTELLECTUAL PROPERTY, COPYRIGHT

  1. 8. INTELLECTUAL PROPERTY – COPYRIGHT – MUSICIAN (BAND)

    1. 8.1. The Operater provides the Musician the opportunity to upload Music Goods on the Portal. By uploading Music Goods on the Portal, the Operator does not obtain a copyright or intellectual property rights for such Music Goods, the rights of which remain with the Musician; Musician grants the Operator and his authorised distributors and partners a non-exclusive right and license to the following, which does not include any rights to royalties or other compensation based on the Music Goods:
      1. 8.1.1. distribute, reproduce, publically perform, publically display, share with the public or otherwise use the Music Goods and perform services in the name of the Musician such as uploading Music Goods on servers owned or operated by the Operator or his authorized sub-contractors and distributors, as well as publically present, transfer, transmit, stream, distribute and play and use the Music Goods in the connection with the Portal.
      2. 8.1.2. use all related authorship work or metadata, including but not without limitation, texts, annotations, graphics, photographs, logos and names in connection with the Portal.
      3. 8.1.3. transfer and sub-license the rights referred to in Article 8.1.1 and 8.1.2 above, but always in connection with the Portal services or marketing, promotion or advertising on the Portal.
      4. 8.1.4. This licence is granted by the Musician to the Operator as temporally and spatially unlimited, whereas the Operator is entitled to use the Music Goods in any known way using any technical or other devices and that is also repeatedly without any limitations of the number of the use of the Music Goods during any number of the Visits of the Portal.
    2. 8.2. Musician agrees that the Visitors of the Portal and the Customers may participate in public performances and presentations of the Music Goods and related authorship work. Musician further agrees that the Customers of the Portal can use the Music Goods for reproduction on all possible devices owned by or operated by the Customer for non-commercial purposes.
    3. 8.3. Musician also provides the Operator with the right to reproduce, use, publish and to allow others to reproduce and publish the names, marks, portraits and personal and biographical materials of the Musician in connection with the activities on the Portal.
    4. 8.4. By uploading the Music Goods on the Portal, Musician:
      1. 8.4.1. guarantees and may prove to the Operator on demand, that he is entitled to excercise property rights to the Music Goods including the granting of the rights to use the Music Goods to a third party or is entitled to excercise the right to use the Music Goods including the granting of rights to use Music Goods to third parties based on the licence or other similar agreement.
      2. 8.4.2. declares and warrants that the use or other usage of the Music Goods shall not infringe or will not be infringing the rights of any third party, including but not without limitation, privacy rights, publicity rights, copyrights, contracting rights, intellectual property rights or ownership rights.
      3. 8.4.3. declares and warrants that if he is the author of some or all parts of the Music Goods, whether whole or in partly, he has the unrestricted right to grant the rights as set in these Terms and Conditions, in particular with regard to the provisions of any agreements, which he has entered into with any organization representing the Musician in the protection and fulfillment of the copyright or intellectual property rights, such as OSA in the Czech Republic, SOZA in Slovakia, etc. (hereinafter referred to as the „Organization“), or the publisher, or with regards to any other contractual or legal restrictions. Musician further agrees that he will inform such Organizations and music publishers about the use of the Music Goods specified in these Terms and Conditions, and that the Operator is not bound to any obligation to pay for hosting and use of the Music Goods of the Musician on the Portal to the Organizations, publisher or other natural or legal entities any fees or payments of any kind.
      4. 8.4.4. declares and warrants that the Operator is not obliged to pay fees of any kind for the use or reuse of the Music Goods of the Musician on the Portal, as stipulated in these Terms and Conditions, to any third party, including but not limited to any union, associations, unnamed vocalist or musician, engineer or producer. In the event of such an obligation on the side of the Operator, the Operator is entitled to credit such paid fees from the Musician’s Credit Account, whereas the Musician shall be informed about it immediately.
      5. 8.4.5. If any agreement, which the Musician closed with any third party, including but not only, with the Organization, music publisher, union or association, whether by law or under an agreement forbids the Musician to provide the Operator the above rights and licenses to use the Music Goods under these Terms and Conditions and doesn’t guarantee provisions set in the paragraphs above, the Musician may not upload the Music Goods on the Portal. In case of violation of this provision, the Musician is responsible for any damages caused to the Operator directly or indirectly in connection with this breach and undertakes to pay such damages to the Operator within 30 days upon written notice of the Operator, which shall include details and explanation of such damages, and that includes all costs and legal fees connected with the recovery of such damages.
      6. 8.4.6. In case the Operator is penalized in relation to a breach of any obligations of the Musician set out in this Article 4.8 or elsewhere in the Terms and Conditions, the Musician undertakes to pay the full amount of the penalty at the bidding of the Operator directly to the Operator, unless the Operator and the Musician come to a separate agreement in writing..
    5. 8.5. The Operator has the right to remove or block access to such Music Goods, where the Operator has reason to suspect or is certain that it is the intellectual property of a third party (e.g. based on established copyrights, trademarks, trade secrets, etc.), material that has illegally copied and distributed by any Musician, or has been identified by the Operator as objectionable. Identifying Music Goods as objectionable is at Operator’s own discretion, subject to Article 10 of these Terms and Conditions. For purposes of the Portal, Musician binds himself to accept Operator’s decision and to remove such Music Goods from the Portal.
  2. 9. INTELLECTUAL PROPERTY – COPYRIGHT - VISITOR, CUSTOMER

    1. 9.1. The Visitor is entitled to all activities on the Portal, for which no registration is necessary (e.g. listening and viewing Music Goods, sending links to the Portal via electronic means such as social networks or email etc.)
    2. 9.2. The Customer is entitled to all activities available to the Customer on the Portal, which are primarily the non-commercial use of Music Goods and Donations to the Musicians.
    3. 9.3. Both Visitor and Customer are entitled to report any Objectionable Content below to the Operator.
  3. 10. OBJECTIONABLE CONTENT

    1. 10.1.Music Goods placed on the Portal by the Musician must not violate applicable legal regulations, and especially may not promote or contain racial, ethnic, religious or any other intolerance or discrimination or illegal activities and must respect the privacy of other persons.
    2. 10.2. Musician must not place on the Portal any content or take any action that would accrue to a possible breach or violation of the rights of other persons.
    3. 10.3. Musician or Visitor or Customer must not use the Portal for illegal activities, or verbally or otherwise harass other users of the Portal.
    4. 10.4. The users of the Portal may not enter the personal data of other persons onto the Portal.

LIABILITY AND LIMITATION OF LIABILITY

  1. 11. LIABILITY

    1. 11.1. The Operator is not liable for any defects of the Music Goods placed by the Musician on the Portal, its use and handling or any damage caused to the Musician, Customer, Visitor or third party in connection with Music Goods placed by the Musician on the Portal.
    2. 11.2. If any party or legal entity initiates a judical or other dispute against the activities of a Visitor, Customer or Musician or Music Goods placed on the Portal by the Musician, and if there is a claim against the Operator, the Visitor or Customer or Musician undertake to indemnify all costs associated with it, including costs of necessary legal representation. The same applies to any out-of-court settlements of such disputes and other settlements of any such claims. The Operator has the right but not obligation to enter into such disputes and participate in their amicable resolution.
    3. 11.3. Visitor (Customer and Musician) undertakes to indemnify the Operator fo the costs associated with activities caused by any breach, voluntary or involuntary, of the Terms and Conditions.
    4. 11.4. The Operator is not responsible for links on the Portal which may direct the Visitor, Customer or Musician to other websites or the content of such websites. The Operator is not liable for the accuracy, copyright compliance, or suitability or content that is in any way directed from the Portal to other websites.
    5. 11.5. The Operator is not responsible for the completeness or availability of the Portal, any errors, viruses, Trojan horses, etc. (regardless of the source), or for any loss of data and damage associated with it.
    6. 11.6. Neither the Operator nor his employees, authorized partners, agents, suppliers and content providers shall be liable for compensation of any direct, indirect, or consequential damages, or lost profit related to the operation of the Portal or its malfunction.
  2. 12. Limitation of Liability

    1. 12.1 If for any reason, excluding where the Operator causes damage on natural human rights or a damage intentionally or through gross negligence, the Operator is held responsible for damage caused in connection with the operation of the Portal to a Musician, Visitors, customers or any third party, then the maximum compensation will be limited to the lesser of:
      1. a) the lowest statutory limitation of damages applicable to a specific case or
      2. b) 100CZK or its equivalent in another currency.

FINAL PROVISIONS

  1. 13. CHANGES OF THE TERMS AND CONDITIONS

    1. 13.1. The Operator reserves the right to change the Terms and Conditions for any reason or without a reason.
    2. 13.2. The up-to-date version of the Terms an Conditions is placed on the Portal. Each user of the Portal is responsible for following the changes of the Terms and Conditions. The Operator has the right, but not the obligation, to alert the users of the Portal about the changes of the Terms and Conditions.
    3. 13.3. Any changes to the Terms and Conditions in accordance with Article 13.1 shall be announced by the Operator to the Musician in advance. If these changes are not refused by the Musician within the specified time, it is understood that he agrees with them and that these changed conditions will come into effect after the expiration of the period for explication, or such date stated in the announcment. The Musician has the right in case of disagreement with the changes of the Terms and Conditions to withdraw from the Agreement of Portal Usage within the period designated to the explication, under Article 7.2. in which case the modified Terms and Conditions will not apply.
  2. 14. TERMINATION OF THE PORTAL

    1. 14.1. The Operator may terminate access to all or any parts of the Portal at any time and without reason and without prior notice, effective immediately, which may result in the forfeiture and destruction of all information associated with the registration (Musician’s or Customer’s Personal Account).
    2. 14.2. The Operator has the right, but not the obligation, to inform about the termination of parts or all of the Portal in a form of announcment on the Portal or through another suitable form, whereas the provisions of the Article 4. and 7. above are adequately applied for the settlement of balances on the Customer’s and Musician’s Credit Accounts.
  3. 15. GOVERNING LAW AND DISPUTE RESOLUTION

    1. 15.1. These Terms And Conditions are governed and shall be construed in accordance with Czech law, in particular in accordance with the Civil Code and other legislation.
    2. 15.2. For any disputes related to the operation of the Portal which cannot be resolved amicably, the district court for the city of Brno (Brno-město) in accordance with § 89a of the Act No. 99/1963 Coll., The Civil Procedure, as amended, will be the locally competent court of the instance in Brno.
    3. 15.3. Customer or Musician, who is a consumer, is entitled, in the event he considers to be damaged by the conduct of the Provider, contact the Provider through the contact form on the pages of the Provider, https://www.fairpricemusic.com/en-eu/contact.xhtml.
    4. 15.4. If we fail to resolve the dispute directly, Customer or Musician is entitled to extra-judical resolution of consumer disputes. The subject of the extra-judical resolution of the consumer disputes between the Provider and the Customer or Musician is the Czech Trade Inspection, or another entity authorized by the Ministry of Industry and Trade, see http://www.mpo.cz/dokument169867.html. The Customer or the Musiciancan can submint an application at the Czech Trade Inspection through an on-line form, available on the internet sites of The Czech Trade Inspection: https://adr.coi.cz/cs. The Customer or The Musician can submit an application at the Czech Trade Inspection or at the authorised entity within 1 year from the day when he exercised the right which is the subject of the dispute.
    5. 15.5. The Customer or the Musician is entitled to submit an application also through a platform of the extra-judical resolution of consumer disputes in EU, which is available online: https://webgate.ec.europa.eu/odr/main/?event=main.home.show. The application can be submitted only by the Customer or the Musician living in EU.
    6. 15.6. If the parties are not satisfied with the quality of the extra-judical resolution of the consumer dispute and believe that there was a breach of the Rules of the Alternative Dispute Resolution, they can submit a complaint to the Ministry of Industry and Trade or to the email address adr@mpo.cz.
    7. 15.7. In the event of cross borders disputes, European Consumer Center Czech Republic helps the consumers to access the competent entity of the extra-judical resolution of the consumer disputes.
    8. 15.8. Each party bears their costs associated with the extra-judical resolution of the consumer disputes.
    9. 15.9. Supervision of the Privacy Policy is exercised by the Office for Personal Data Protection under the Act. no. 101/2000 Coll., on Personal Data Protection, www.uoou.cz
  4. 16. PERSONAL DATA

    1. 16.1. All personal data, which are provided to the Provider by the Visitor, the Customer or the Musician, will not be without the consent of the Visitor, the Customer or the Musicians provided to the third parties or any other entities, excluding in case of necessary act of the visit of the web pages of the Provider, or when fulfillling the Terms and Conditions, and they will be further handled in accordance with the law no 101/2000 Coll., on Personal Data Protection and in accordance with the Privacy Policy of Fair Price Music.
    2. 16.2. The Visitor agrees with providing the personal data by clicking on the agreement on the the web pages of the Provider. The Musician or The Customer does so by selecting the option “I agree with providing personal data to the extent of the Privacy Policy of Fair Price Music” when submitting the form of the Terms and Conditions. Privacy Policy of Fair Price Music are available here https://www.fairpricemusic.com/en-eu/privacy-policy.xhtml
  5. 17. LANGUAGE VERSIONS

    1. 17.1. This Agreement is executed in Czech language and may be translated into other languages. In case of any conflict, discrepancy or contradiction between the Czech version and translations, the version of Agreement in Czech language the shall prevail for purposes of its performance, interpretation and settlement of disputes.
  6. 18. INFORMATION OBLIGATION

    1. 18.1. If the Customer or the Musician is a consumer, he has the right to withdraw without any reason from the Agreement of Portal Usage within 14 days from the day of closing the Agreement of Portal Usage, and that is based on an unilateral legal conduct such as letters sent through the operator of mail services, by fax or e-mail. By the withdrawal from the Agreement of Portal Usage doesn’t mean the termination of the Agreement of the Acquisition of the right to use the Music Goods, which were closed directly between the Musician and the Customer, which continues to prevail and must be terminated separately.
  7. 19. EFFICIENCY AND APPLICATION OF REGULATIONS

    1. 19.1. The following provisions of the Czech Civil Code § 573 and § 1757 paragraph 2 are not applicable for the legal relations which conflict with these Terms And Conditions. Given the nature of the agreements and Portal functions within the meaning of § 1740, paragraph 3 of the Civil Code explicitly excludes the possibility to accept an offer with any modification or addendum.
    2. 19.2. These Terms And Conitions are effective as of March 14th, 2017.
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