DIGIPLUGGEN

Terms and conditions of Service, Website and Audio Downloads

Effective as from 1 November 2011

DIGIPLUGGEN B.V., is a company registered in The Netherlands under Chamber of Commerce registry number [32170555] (“Digipluggen”), has the purpose of the digital promotion of new music releases to professionals within the Music Industry or related Media Industries (“Commercial (end) users”) in The Netherlands, by offering tracks and other digital music products and services which have been made available on the Digipluggen website at http://www.digipluggen.nl and other Digipluggen branded URLs (the “Digipluggen Website”), to commercial (end) users in The Netherlands.

Digipluggen is committed to providing an excellent user experience. In order to provide this Website and our digital music products and services to you, you agree to be legally bound by the following terms and conditions (the “Terms”). You are encouraged to review these Terms on a regular basis to keep yourself informed of any changes.

  1. 1.DEFINITIONS

Audio Downloads” means a non-expiring complete digital copy of a Sound Recording made available to Commercial (End) Users;

Commercial (End) User” means a professional, resident in The Netherlands, a Dutch company or other legal entity, within the Music Industry or related (audiovisual) Media Industries, such as (but not limited to) RTV Broadcasting Companies, (written) press, Professional Music Providers etc, in The Netherlands, such as but not limited to radiohosts, radiostations, televisionhosts, broadcasters, professional DJs and other music professionals, press agents, journalists;

Content” means all information, text, graphics, logos, photographs, images, illustrations, audio, video, data or other materials or content whether posted publicly or transmitted privately and including, without limitation, Audio Downloads, Streams, samples, Previews, artwork and any associated digital rights management technology;

Credentials” means a username and password;

Preview” means a portion of a song or video, or in some cases, an entire song or video that the user can play (and, if applicable, view) directly from and while the user is logged on to the Service on a promotional basis at no cost to the user;

Services” means the Content distribution services provided by Digipluggen pursuant to these Terms;

Sound Recording” means an audio-only embodiment of performances of musical compositions or spoken-word performances that have been provided to you by Digipluggen through your use of the Services;

Stream” or “Streaming” means the single digital transmission of a Sound Recording, or any part thereof, via the Internet, which transmission is contemporaneous with the Commercial (End) User being able to hear the recording embodied therein.

  1. 2.ACCESSING DIGIPLUGGEN SERVICES

 

2.1.1     Your use of the Services is expressly conditional on your compliance with and acceptance of these Terms. If you do not agree to be bound by these Terms or any modifications thereto, your only recourse is to immediately stop using the Services.

 

2.1.2     You must be a Commercial (End) User, who is in the business of the promotion of music services within the music industry in The Netherlands to agree to and enter into a contract on your own behalf and to register for use of the Services.

 

2.1.3     You must be at least 18 years of age to agree and proved to be working in a professional environment within the Music Industry or related Media to and enter into a contract on your own behalf and to register for use of the Services.

 

2.1.4     By registering for the Services, you represent that (i) you have read, understood and agree to be bound by these Terms; (ii) you are a Commercial (End) User; and (iii) you are at least 18 years old.

 

2.1.5     Services operated for third parties by Digipluggen may also have additional terms to which you will be bound. It is your responsibility to read and understand any Terms that apply to your use of websites and services.

 

2.1.6     Digipluggen reserves the right, in its sole discretion, to change, modify, add, or delete portions of these Terms at any time without further notice. If we do this, we will post the changes to these Terms on this page and will indicate the effective date at the top. If you do not agree to (or cannot comply with) the Terms as amended, your only remedy is to stop using the Services. You are responsible for regularly reviewing these Terms so that you will be apprised of any changes. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

 

2.1.7     Digipluggen may require that a copy of the broadcasting licence or other proof of being a Media Professional is submitted before access to Digipluggen’s Services is granted.

 

  1. 3.THE SERVICES

 

3.1            You are granted a limited, non-exclusive, revocable license to make promotional (non-commercial) use of the Digipluggen Audio Downloads, Services and Content and to receive by Stream, and to receive Audio Downloads of the media content made available through the Digipluggen Services in The Netherlands. You do not have a right to transfer or sublicense your rights under this Agreement.

 

3.2            Subject to the provisions of these Terms and any other guidelines notified to you by Digipluggen, as amended from time to time, you may use the Services only;

(i)                           as a digital media download, upload, streaming and storage service designed to enable you to purchase, upload, store and play legally acquired digital media;

(ii)                          to access Digipluggen servers; or

(iii)                         to receive information from Digipluggen. The Services are for your own personal and non-commercial use and you are not authorised to make copies of any downloads or streams other than for personal and/or strictly professional use, or to otherwise distribute copyright protected digital media. Digipluggen may at any time limit the number of devices that you may access the Services from simultaneously. You assume all risk arising from your use of the Services. Digipluggen may discontinue any aspect of the Services in its sole discretion without notice to you.

 

3.3            You acknowledge that all Content is the sole responsibility of the person or entity from whom such Content originated. Digipluggen does not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent.

 

3.4            Digipluggen will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.

 

  1. 4.Usage Rules

 

4.1            Most content provided through Digipluggen is DRM-protected (Digital Rights Management). However, you understand that some of the Content does not include a security framework using technology that protects digital information and limits your usage of the Content to certain usage rules established by Digipluggen and its licensors (“Usage Rules”). You will make sure to use this content with utmost integrity.

 

4.2            You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever.

 

4.3            You may play as many Previews as you like. You may not attempt (or support others’ attempts) to capture, copy, or download a Preview.

 

4.4            For the avoidance of doubt, you agree that you may not (without limitation);

 

(i)           copy, reproduce, “rip”, record, make available to the public or otherwise use any part of the Audio Downloads or the Digipluggen Services or its Content (including but not limited to tracks, images and text) in a manner not expressly permitted under this Agreement;

(ii)          sell or attempt to sell any invite to access the Digipluggen Services, or resell any code used to access these Services;

(iii)         provide your password to any other person or use any other person's user name and password;

(iv)        reverse-engineer, decompile, disassemble, modify or create derivative works based on the Audio Downloads or the Digipluggen Services or its Content or any part thereof;

(v)         circumvent any technology used by Digipluggen, its licensors, or any third party to protect content accessible through the Audio Downloads or the Digipluggen Services or its Content;

(vi)        rent or lease any part of the Audio Downloads or the Digipluggen Services or its Content;

(vii)       use the Audio Downloads, the Digipluggen Services or its Content in a way that violates the terms of this Agreement;

(viii)      circumvent any territorial restrictions applied by Digipluggen;

(ix)        artificially increase play count or otherwise manipulate the Audio Downloads, the Digipluggen Services or its Content by using a script or other automated process;

(x)         import any local files which you have not legally acquired into the Digipluggen Services; and

(xi)        copy any local files which you have not legally acquired onto your mobile handset or other device.

 

4.5            In addition to the above, you agree to take all reasonable care to prevent unauthorized use of the Audio Downloads, the Digipluggen Services or its Content.

 

4.6            You agree that your purchase of Content constitutes your acceptance of and agreement to use such Content solely in accordance with the Usage Rules, and that any other use of the Content may constitute a copyright infringement. Any security technology, if applicable, is an inseparable part of the Content. The Usage Rules shall govern your rights with respect to the Content. Digipluggen reserves the right to modify the Usage Rules at any time.

 

4.7            The Services are for promotional use by Commercial (End) Users only and may not be accessed, used, re-sold, or licensed for commercial gain.

 

4.8            The Services may contain links to third party websites or services. You acknowledge and agree that Digipluggen is not responsible or liable for:

 

(i)                   the availability or accuracy of such websites or services; or

(ii)          the content, products, or services on or available from such websites or services. Links to such websites or services do not imply any endorsement by Digipluggen of such websites or services or the content, products, or services available from them. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or services.

 

  1. 5.NO WARRANTY

 

5.1            The use of the Audio Downloads and the Digipluggen Services (including but not limited to its Content) is at your own risk. The Audio Downloads, the Digipluggen Services and/or its Content are provided on an “as is” and “as available” basis.

 

5.2            To the fullest extent possible under applicable law, Digipluggen gives no warranty, express or implied, as to the quality, content and availability or fitness for a specific purpose of the Audio Downloads, the Digipluggen Services and/or its Content.

 

5.3            In addition, Digipluggen does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party on or through the Digipluggen Services, the Website or any hyperlinked website, or featured in any banner or other advertising. Consequently Digipluggen will in no way be responsible for any transaction between you and third-party providers of products or services advertised on or through the Digipluggen Services. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Digipluggen shall create any warranty on behalf of Digipluggen in this regard.

 

  1. 6.OBJECTIONABLE MATERIAL

 

6.1            You understand that by using the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and Digipluggen will not be liable to you for content that may be found to be offensive, indecent, or objectionable.

 

6.2            Digipluggen does not guarantee the accuracy of any descriptions provided on its Services.

 

  1. 7.PRIVACY

 

7.1            Digipluggen recognises that your privacy is very important and that it is your right to control your personal information. Digipluggen understands that providing personal information is an act of trust and we take that trust seriously.

 

7.2            If you register for any of the Services you will be asked to provide basic personal information. The information is used solely for notifying you of changes or updates to the Services. Digipluggen will never sell, rent or otherwise disclose any of your personal information, including your email address, to any third party without your consent unless: 1) we are required to by law; or 2) if it is necessary to provide the Services.

 

7.3            To keep you informed about the operation of the Services, Digipluggen may send service announcements to the email address you provided during registration. Digipluggen may also allow you to choose whether to receive mailings from record labels and/or other promotional partners that may be of interest to you. Such lists are strictly optional and may be unsubscribed from at any time.

 

7.4            Digipluggen may hold competitions in connection with the Services, or in partnership with a third party, and providing contact information may be a condition of participation. Digipluggen will use the information provided to conduct the competition and for any other purposes to which you have consented. If Digipluggen offers competitions with third parties, it will notify you that your information is being shared with such partner at the point of collection of such information and you will be able to choose whether to participate in the applicable competition.

 

7.5            If you pay Digipluggen for the Services, your payment information will only be used to check that it is a valid method of payment and to process your payment. No payment information is kept by Digipluggen other than to facilitate the provision of the Services to you (for example, storing your credit or debit card number for quick payment). You will always be able to remove any such stored payment details.

 

7.6            Vouchers for Services may be provided by Digipluggen, its partners or sponsors. If you redeem a voucher to pay for Services, you may be required to provide additional personal information which may be shared with a third party. If that is the case, then Digipluggen will notify you that your personal information will be shared with such partner at the point of collection of such information and you will be able to choose whether to use the voucher.

 

7.7            If you have any questions concerning the Digipluggen privacy policy, please mail to: info@digipluggen.nl

 

  1. 8.Cookies

 

8.1            Digipluggen uses a technology called “cookies” as part of our normal business procedure to enhance the user experience and to track patterns of behaviour of visitors to the Services. A cookie is an element of data that a website sends to your browser that is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings.

 

8.2            Digipluggen contracts with Google as a third party vendor. Google uses cookies to serve ads on the Services. You may opt out of the Google cookie by visiting the Google ad and content network privacy policy. Digipluggen uses third-party advertising companies to serve ads when you visit our Services. These companies may use anonymised information about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.

 

8.3            Digipluggen may be required by its licensors to include unique transactional identifiers in the Content delivered to you which is specific to you and/or your purchases.

 

8.4            To monitor and improve the performance of our technology, Digipluggen captures other data such as search criteria, results, downloads and purchases. Digipluggen only shares this data on an aggregate basis for instance to chart reporting companies for compilation of sales charts. Digipluggen also gathers information such as date, time, connection speed and IP address of all service users. This information is kept for our internal security audit log, aggregate trend analysis and system administration. Digipluggen sometimes uses third party service providers to help track the activity and user flows within our service. These third parties may use temporary cookies and/or web beaconing technology to facilitate such tracking. Such tracking would track an individual user’s movements but the data would not be tracked in a personally identifiable way. Such data would be stored and analysed on an aggregated basis solely for the purpose of internal analysis by Digipluggen to improve the Service.

 

8.5            Digipluggen has implemented technology and security features, as well as strict internal guidelines, to safeguard the privacy of your personal information from unauthorised access or improper use. We employ SSL encryption to secure your personal data and payment information. We will continue to enhance our security procedures as new technology becomes available. While we make every effort to ensure that your information is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.

 

  1. 9.USER ACCOUNT, PASSWORD AND SECURITY

 

9.1            If a particular Service requires you to open an account you will complete a registration process by providing certain information and registering your Credentials for use with that Service. You are responsible for maintaining the confidentiality of your Credentials. You are not authorised to share your Credentials with any other person. You may have a credit card or other payment method stored with Digipluggen and if your Credentials are used by a third party (whether or not authorised) the third party will be able to make purchases with that payment method. You will be fully liable for any actions made with your Credentials. Digipluggen advises you to change your password frequently and to always keep it secure.

 

9.2            You agree to immediately notify us of any unauthorised use of your Credentials or any other breach of security. In no event will Digipluggen be liable for any indirect or consequential loss or damage resulting from the disclosure of your Credentials. If you believe someone has accessed any Service using your Credentials without your authorisation, it is your responsibility to set up a new password or contact Digipluggen’s customer services department to delete your account.

 

  1. 10.Personal Storage Area

 

10.1       You may have access, via the Website or otherwise, to a personal storage area for legally acquired digital media (“PSA”), the content of which is your sole responsibility and is held on third party cloud servers and infrastructure not controlled by Digipluggen in geographically dispersed locations.

 

10.2       Purchases from the Services will be delivered to the PSA. You may be allowed to copy such purchases and upload Adio Downloads such as tracks to and from your hard drive into your PSA in the cloud which will function as a remote hard drive for access at a later date but for which Digipluggen has no obligation to maintain access to.

 

10.3       You acknowledge and agree that you should not rely on Digipluggen or the Services for any reason. It is your responsibility to back up and store any files delivered by Digipluggen or uploaded by you to your PSA. You agree to assume all risk for loss of content in your PSA.

 

10.4       You are reminded that all material uploaded to the PSA should be legally acquired digital content. You are responsible for ensuring the legitimate origin of all contents of the PSA and you must comply with any applicable copyright laws.

 

10.5       Digipluggen may be required to share aggregated, anonymous PSA usage information with its content licensors and you consent to Digipluggen sharing such usage information.

 

10.6       Digipluggen may, in its sole and absolute discretion, set a streaming, and or bandwidth implementation or other usage limitation on your usage of the PSA (Fair Use Policy).

 

10.7       You will obtain and maintain any and all necessary licences and permissions in connection with your use of the PSA.

 

10.8       Digipluggen may terminate your access to the PSA at any time without notice and without liability to you.

 

10.9       Furthermore, you agree not to:

(i)                          use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;

(ii)                         post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;

(iii)                        post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;

(iv)                        threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;

(v)                         use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;

(vi)                        make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;

(vii)                       collect or store personal information about others, including email addresses, log-in details or other credentials;

(viii)                      advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;

(ix)                        impersonate any person or entity for the purpose of misleading others;

(x)                         violate any applicable laws or regulations;

(xi)                        use the Services in any manner that could damage, disable, overburden or impair the Services or interfere with any other party's use and enjoyment of the Services;

(xii)                       post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);

(xiii)                      attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Services through hacking, password mining or any other means.

 

10.10    We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms or is otherwise objectionable.

 

  1. 11.TERMINATION

Digipluggen has the right to terminate or suspend your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms. You agree that Digipluggen shall not be liable to you or any third party for any termination of your access to the Services.

  1. 12.EQUIPMENT

Without limiting any provision herein, Digipluggen makes no warranty that any particular computer, portable device, or other hardware will be compatible with Digipluggen’s Services. It is your sole responsibility to ensure that your playback system(s) will function correctly with the application.

 

  1. 13.REFUND POLICY

All payments for the Services of Digipluggen are final and all charges from those payments are non-refundable. Due to the nature of the Services you are not able to cancel any payment after you have confirmed this payment for the provided Services of Digipluggen. Downloads may not be returned for any reason unless they are defective. In exceptional circumstances, refunds are given at the discretion of the management.

  1. 14.ALTERNATIVE FORMAT POLICY

Digipluggen’s standard offered format is MP3 and/or WAV (default format) but we can also make available tracks that you purchase from us in other formats. If you wish to obtain any different format of a track instead of the default format, you must inform us via our customer services system upfront.. Digipluggen will respond within five (5) working days upon such request.

  1. 15.INTELLECTUAL PROPERTY RIGHTS

 

15.1       The Audio Downloads, the Services and its Content (including without limitation the design, text, graphics and all software and source codes connected with the Services) are protected by copyright, trademarks, patents and other intellectual property rights and laws.

 

15.2       None of the Content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder.

 

15.3       Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the Digipluggen Services.

 

15.4       Digipluggen does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting Digipluggen a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The licence shall be terminated when such Content is deleted from the Services.

 

  1. 16.Limitation of liability

 

16.1       In no event shall Digipluggen, its affiliates, officers, directors, employees or licensors be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss) arising out of the use of or inability to use the Digipluggen Software Application or the Digipluggen Service (including but not limited to its content), even if you have advised Digipluggen about the possibility of such loss, and including any damages resulting therefrom.

 

16.2       Your only right with respect to any problems or dissatisfaction with the Digipluggen Software Application and the Digipluggen Service is to uninstall the Digipluggen Software Application and to stop using the Digipluggen Service.

 

16.3       Nothing in this Agreement removes or limits Digipluggen’s liability for fraudulent misrepresentation, death or personal injury caused by its negligence.

 

  1. 17.INDEMNITY

You agree to indemnify and hold Digipluggen harmless from and against any breach by you of these Terms and any claim or demand brought against Digipluggen by any third party arising out of your use of the Services and/or any content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Digipluggen in consequence of your breach of these Terms.

  1. 18.SEVERANCE

If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term or condition shall be severed and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable.

  1. 19.Technology limitations and modifications

 

19.1       Digipluggen will make reasonable efforts to keep the Audio Downloads and the Digipluggen Services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions.

 

19.2       Digipluggen reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Audio Downloads and the Digipluggen Services with or without notice.

 

  1. 20.English version prevails

In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.

  1. 21.GOVERNING LAW

 

21.1       The laws of The Netherlands will govern these Terms, as well as your and our observance of them. If you take any legal action relating to your use of the Services or these Terms, you agree to file such action only in The Netherlands at the compentent court.

 

21.2       In any such action or any action Digipluggen may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. You acknowledge that you have read and understood these Terms, and that these Terms have the same force and effect as a signed agreement.

 

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