To comply with the provisions of Articles 9 and 10 of Law 34/2002 of July 11th, Information Society and Electronic Commerce Services, presented below is the general information of this website:
Holder: RISING S.C.P. Address: Princesa Tenesoya street, number 75, 35118, Cruce de Arinaga, Agüimes, Las Palmas. E-Mail: email@example.com VAT: J76167253
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
1.1 RISING SCP (hereinafter RISING), spanish company with business address in Princesa Tenesoya street, number 75, 35118, Cruce de Arinaga, Agüimes, Las Palmas, Spain and VAT J76167253 is owner of the products and services offered through the website scores.rising.es (hereinafter the SERVICES).
1.2 SERVICES are provided to the user under the terms and conditions of this Agreement of Terms and Conditions of the SERVICES and in accordance with the rules and regulations published periodically by RISING. This terms govern the contractual relationship between RISING and customers.
1.4 The use of whatever products or services offered through scores.rising.es (hereinafter the WEB or PLATFORM) implies the acceptance of these terms and conditions. These general conditions are applicable to purchases of products by consumers.
1.5 This document represents the entire agreement between the user and RISING and supersedes any previous agreement signed by the parties regarding the subject of this contract.
2. CELEBRATION OF CONTRACT
The contractual relationship with RISING regarding the use of the web is confirmed with the acknowledgement by RISING of the sign up in the PLATFORM as a client or beta tester of the application provided by the WEB(hereafter the APPLICATION), producing full effect since then. Similarly, the relationship is also confirmed by downloading the APPLICATION, even if the user has not been identified or registered in the PLATFORM. This APPLICATION download confirms the contractual relationship with RISING regarding the use of the APPLICATION.
3. SERVICES DESCRIPTION
3.1. WEB DESCRIPTION
The WEB provides the user with a variety of information, made available by RISING, and also provides the following services:
A link that takes the user to the download page of the APPLICATION.
A form whereby the user can create a beta tester account that allows access to the APPLICATION.
A form whereby the user can contact Rising.
The provision of the PLATAFORM services listed above is free of charge.
3.1.1. LINK TO DOWNLOAD PAGE
220.127.116.11. RISING offers in its WEB a link that allows the user to access the download page of the APPLICATION, with no restrictions in the process.
18.104.22.168. The APPLICATION’s download page is hosted on third party servers. Therefore, RISING is not responsible for technical failures or incompatibilities that may result from this circumstance.
3.1.2. SIGN UP FORM AS BETA TESTER
22.214.171.124. RISING offers in its WEB a form that allows users to create an account on the WEB as a beta tester. This beta tester account allows exclusive access to the APPLICATION.
126.96.36.199. User registered as beta testers users accessing the APPLICATION contract commitment to inform RISING about all bugs they discover during use. They may also send suggestions or opinions on those aspects of the APPLICATION consider that can be added, modified or deleted to enhance your user experience. To do this, they may use the contact form available on the website or send an email to firstname.lastname@example.org.
188.8.131.52. Beta testers, when contacting RISING, are required to submit accurate information on the outcome of the user experience. Not fulfilling this request may result in the elimination of the beta tester account.
3.1.3. CONTACT FORM
RISING offers in its WEB a form that allows users contact to RISING. To do so, the user must provide his name and email. This form is available to users so they can send RISING any question, suggestion, comment, complaint or any other necessary communication.
3.2. APPLICATION DESCRIPTION
184.108.40.206. La APLICACIÓN ofrece al usuario el acceso a una tienda online (en adelante, la TIENDA) desde la cual el usuario podrá adquirir las partituras existentes en el catálogo ofrecido por RISING. El usuario podrá descargar en su dispositivo las partituras que haya adquirido y las podrá utilizar de dos formas posibles: moviéndolas manualmente o automáticamente, ya sea seleccionando una velocidad de metrónomo o bien usando el micrófono del dispositivo.
220.127.116.11. The APPLICATION is distributed for free. In addition, RISING will publish periodic updates ot the APPLICATION that will not accrue any cost to the user.
3.2.3. DATA PROTECTION
3.2.4. MICROPHONE USE
The use of the microphone is limited exclusively for the purpose of moving automatically the scores that the musician is using. RISING, in no way whatsoever and under no circumstances, will use the microphone to collect personal information.
3.2.5. LICENSE AND COPYRIGHT
18.104.22.168. All trademarks, copyrights, databases and other intellectual property rights of the APPLICATION, whatever its nature, as well as the source code, are property of RISING.
22.214.171.124. Hereby RISING offers a revocable, free, nonexclusive and international licence to use this APPLICATION on a personal or professional level within the limits set by these conditions.
126.96.36.199. RISING does not own copyright of any of the scores sold through the STORE. All copyrights of these scores belong to their respective authors and publishers.
188.8.131.52. The price that RISING applies to scores that are marketed in their STORE corresponds to RISING's work invested in digitizing the scores and adding them to the store. Under no circumstances RISING will receive any remuneration for copyrights belonging to scores that are not owned by RISING.
184.108.40.206. The user will not act or allow third parties acting on their behalf to:
Make and distribute copies of the APPLICATION.
Attempting to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate APPLICATION.
Create any kind of project derived from the APPLICATION.
220.127.116.11. The APPLICATION is provided to the user for free, for personal and not commercial use. RISING keeps the right to modify or disable the APPLICATION any time with the purpose of protecting it against the actions listed in the previous section.
18.104.22.168. The user agrees that the terms of the agreement with the vendor of his mobile network ('Mobile Service Provider') will continue to apply for the use of the APPLICATION. Accordingly, it is possible that the Supplier may charge for Mobile Services connection to the network while the APPLICATION remains connected to the network, or that third party economic charges are produced. The user accepts the responsibility of charges that may arise.
22.214.171.124. If the user is not the owner's billing phone or mobile device used to access the APPLICATION, it will be assumed that you have permission from the owner to use the APPLICATION.
126.96.36.199. The application is available for mobile handheld devices operating with Android OS operating systems. RISING will make all reasonable efforts so the APPLICATION is available at all times. However, the user accepts that the APPLICATION delivery will be made through internet and mobile networks and, therefore, the quality and availability of the APPLICATION can be affected by factors beyond the responsible control of RISING.
188.8.131.52. To use the APPLICATION, the user must have a compatible mobile device with internet access and meets the minimum specifications ('Software Requirements').
184.108.40.206. Los requisitos del software son los siguientes: Dispositivos Android OS con los sistemas operativos Android OS 4.1 a OS 4.4. Idiomas: español e inglés. En dispositivos con lenguaje no soportado por la aplicación, ésta se mostrará en inglés.
3.2.9. ACCOUNT DELETING
220.127.116.11. The user is permitted to terminate his account at any time through the tool offered in the APPLICATION for this purpose, and without notifying RISING.
18.104.22.168. The account deletion by the user is an irreversible process that results in the removal of all user information contained in the RISING database. This information includes the record of purchases made by the user in the STORE.
22.214.171.124. The account deletion by the user results in loss of the balance accumulated in his account and the scores that were downloaded in his device, as well as the end of their contractual relationship with RISING.
126.96.36.199. RISING may terminate the use of the APPLICATION at any time, previous notice, which will be published on the BLOG.
188.8.131.52. In case of this termination, RISING will refund all the money invested in the APPLICATION by the user. If the economical circumstances of RISING could not allow this full refund, RISING will refund as much as possible.
184.108.40.206. At the end of such use, all rights and licenses granted to the user will also be terminated.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY
4.1. Intellectual and industrial property on the web, graphic design and computer codes, as well as trade names, trademarks and logos are owned by RISING unless stated therein that the property of another.
4.2. Any reproduction, distribution, commercialization or transformation of the contents that are not expressly authorized by the owners, is a violation of the rights of intellectual property protected by law.
5. CONTENT AND PROPER USE
5.1. RISING ensures that all content and services offered on the WEB respect the principle of human dignity, the principle of non-discrimination based on race, sex, religion, nationality, disability or any other personal or social circumstance and the principle of the protection of youth and childhood.
5.2. Also, the user undertakes to make proper use of the contents and services of the WEB, which can never be used for illegal purposes, or which may be contrary to public policy, national defense or public health. Any use by the USER of content and services must respect the principles of the previous paragraph.
6. PERSONAL DATA PROTECT
6.2. The data provided by the user in the course of browsing, form filling and use of the WEB will be incorporated into a file responsibility of RISING, residing at Princesa Tenesoya street, number 75, 35118, Cruce de Arinaga, Agüimes, Las Palmas, Gran Canaria, Canary Islands, Spain, who deal directly or through the manager to be appointed under the laws and regulations and with the purpose of information, statistical and marketing as well as for carrying out promotional and advertising activities by any means, including by electronic means (including SMS, MMS, etc..) of the products offered on the website or by other companies of RISING, which may be of interest to the user to expand and improve products of RISING.
7. DURATION AND TERMINATION
7.1. The provision of services of the PLATFORM and the APPLICATION is indefinite. RISING, however, is entitled to terminate, suspend or terminate unilaterally at any time and without notice, the service of the APPLICATION or any of the SERVICES.
7.2. In case of termination of the services provided by the APPLICATION, RISING will refund all the money invested in the APPLICATION by the user. If the economical circumstances of RISING could not allow this full refund, RISING will refund as much as possible.
7.3. The condition of registered user in the provided services through the PLATFORM or the APPLICATION involves the creation of a special contractual link between the user and RISING running indefinitely, so that either party may terminate the same in any time without notice by notice in writing or by email or through the tools made available in the PLATFORM for this purpose.
7.4. RISING keeps the right to temporarily access the usage record, in order to identify evidence of misuse in the PLATFORM or the APPLICATION. RISING can temporarily or permanently disable the user's account and therefore the contractual relationship, in the following cases:
When the data provided in the registration are false or incomplete.
Duplicated accounts registered by the same user.
Excessive and unusual use of the SERVICES entailing disproportionate costs for the user.
Improper use of the PLATFORM, the APPLICATION or any of its SERVICES.
Violation of these provisions in the terms and conditions.
When the statutory rights or rights of others are violated or infringed.
For any legitimate interest of RISING in general and, in particular, to protect the rights of other users.
8.JURISDICTION AND LAW