ï»¿Terms and conditions of KaraokemediaÂ® use
1. Performance of the Contract.
2. Modification of the Contract.
Karaokemedia will be able to modify the present Contract at its sole discretion. Every important change will be informed to you and its agreement and/or the continuous use of the Karaokemedia Software Application or of the Karaokemedia Service after such notification of modifications in the present Contract will mean that you accept such modifications.
3. License Grant.
Karaokemedia grants a limited license, non-exclusive and with revocable right to its personal and no commercial use of the Karaokemedia Software Application (including the right to download such application) and of the Karaokemedia Service and to receive through stream (and, when you have purchased the Karaokemedia Premium, through a conditional download) the contents of the available media in your country through the Karaokemedia Service. You will not have the right to transmit or sublicense the rights which you have by virtue of the present Contract.
4. Purchase of the Karaokemedia Payment Service.
In the case where you accept the payment of the access fee for the corresponding Karaokemedia Payment Service, such fee will be charged with the payment method you have chosen for the purpose of the purchase payment. In the case where you want to pay through credit or debit card, when you assign a card for the charges to be made, you confirm that you authorise such purchase and that you are the holder of such card (i.e. the card has been assigned to you). All the indicated prices in the Karaokemedia Webpages include the VAT (when necessary) and other taxes and applicable rights.
Karaokemedia accepts different payment methods, so it is advisable to check the Karaokemedia webpages to know the payment method which suits you the best.
Once you have made the payment of the total amount corresponding to its period, such amount will not be refunded, and through the payments made by PayPal, the amount will not be able to be refunded directly through PayPal. You must unsubscribe so the payment will not be made before the date when it must be made.
6. Usage of the accumulated content.
The Premium Service allows you to download temporary copies of the content and play them locally as long as you preserve your subscription and you have Internet connexion to the corresponding Payment Service. As a subscribed in the Premium Service, you can storage such accumulated content ("cached") in even (2) personal computers (PC) with your Karaokemedia account.
7. Local files.
The function "local files" of the Karaokemedia Service allows you to import files in your computer storage or in another dispositive or gadget relevant for the Karaokemedia Software Application. You will be only able to import or copy files which you have legally acquired and those ones which have the right to be imported or copied. For example, you will not be able to use the Karaokemedia Service to import or copy music which you have illegally acquired from the Internet.
Karaokemedia will be able to modify the price of the Karaokemedia Payment Service at its moment. Such modification will be effective once the period of time of the current payment has passed (i.e. the period of time for which you have paid). Every modification of the prices will be informed to you. In the case where you do not want to be obliged by such modified price in relation with your Karaokemedia Payment Service, you will be able to unsubscribe from the Karaokemedia Payment Service according to the Clause 15 (Period of validity and extinction). The fact that you continue using the Karaokemedia Payment Service once you have been informed about such price modification will mean that you accept the new price.
9. Automatic renewal of the subscription.
The subscription of the Karaokemedia Payment Service will be automatically renewed at the end of every period of validity of the subscription unless you want to unsubscribe before the end of every period of validity according to the Clause 15 (Period of validity and extinction). Such renewal will be always for the period of a monthly subscription even in the case where it is a 6-month subscription or a 12-month subscription. In the case where you want to renew for a longer period of time, we recommend you to enter your account in the Karaokemedia Webpages. At the moment of the renewal, the corresponding amount will be charged through the payment method you have chosen when purchasing the Karaokemedia Payment Service.
10. Premium and Premium Pro Accounts.
In the case where you have purchased the access to the Payment Service of Karaokemedia Premium Account through the Internet, you will be able to cancel the purchase and receive the refund of the total amount of the payment made in a period of 14 days from the beginning of the subscription. Nevertheless, we ask you to take into account that, in the case where you enter the Karaokemedia Payment Service in such period of time of the first 14 days, you will not be entitled to cancel the purchase of such service nor to receive the refund of the amount even in the case where you do not access subsequently the Karaokemedia Payment Service.
10.1 Premium Account.
The Premium Account in a subscription service, with which you will be able to play all the songs of our catalogue in km3 format. The usage of this fee is aimed for private usage, being totally prohibited its reproduction in a public sphere. The Premium account will be activated while the payment is up to date. You can unsubscribe from this account through PayPal, so the subscription will finish once the period of time of the last payment has finished. The subscription will be also cancelled after 1 failed attempt of payment. Once the subscription finishes, and after 15 days, if the files of the Premium account are not renewed, they will be removed from your computer.
The Premium account is limited to as we consider domestic usage, which is estimated in: The diary limit (the last 24hours) of the Premium account corresponds to 4 hours of actual reproduction (only the playing time per song). The weekly limit (last 7 days) of the Premium account corresponds to 10 hours of actual reproduction (only the playing time per song).
The Premium account can be used only in two computers. The Premium account can be initially used in the two computers which are authorised in your user account. If 2 machines are used, the time is accumulative. So, to calculate its usage, and therefore its limitation, this will be the sum of time used in these 2 machines during that day or week. You will be able to change the machine assigned to your account in the control panel in the website www.Karaokemedia.com.
This limitation only takes into account the Premium songs, so if you play a song previously purchased, or any other kind of file which is not a Premium account file, it will not be added to this time. Once the limitation of playing hours is reached you can extend the diary limitation during the next 24 hours with 4 more hours of actual reproduction with an extra cost of 4.95.
10.2 Premium Account First Month Free.
In the Karaokemedia webpage you have the initial offer which allows you to enjoy a limited usage according to the terms of the Premium Account during the first month. It is a subscription service and once that month finishes, it will be charged in your PayPal account the new instalment of â¬9,95 for the next month, or the price notified in the webpage as instalment. Before the first month you can cancel the subscription going to your PayPal account. Once the instalment is charged to your card through PayPal, you will not be able to ask for its refund, nor directly to PayPal, nor to Karaokemedia, since when not cancelling the subscription you have accepted its payment.
If you want to cancel the subscription of the period within the trial free month it will mean that you do not want to continue using this service and consequently it will finish the same day in which you unsubscribe.
This offer can only be used 1 time per account, machine or PayPal account, and in any of those cases if you have previously used a Premium account.
10.3 Usage in software of the Premium Account.
The Premium account is only available for the Karaokemedia Home software. The Premium account is compatible with the Plus function of the second screen. The second screen must be acquired separately from the Premium account. In the second screen a sentence will be displayed with the aim of avoiding the professional usage of this account. The Premium account needs a constant Internet connexion.
10.4 Premium Pro Account.
The Premium account is a subscription service, with which you will be able to play all the songs of our catalogue in km3 format. The usage of this fee is aimed to private and professional usage. The Premium Pro account will remain activated while the payments are up to date. You can unsubscribe from this account through PayPal so the subscription will be cancelled after 1 failed attempt of payment. Once the subscription is finished, after 15 days, if the files of the Premium account are not renewed, they will be removed from your computer.
The Premium Pro account does not have limitation of usage hours. The Premium Pro account is only available to use it in one computer. You can have additional licenses for more computers which you can hire in the webpage www.karaokemedia.com with additional discounts. You will be able to change the machine assigned to your account in the control panel of the webpage www.Karaokemedia.com. The Premium Pro account needs a constant Internet connexion.
10.5 Usage in software of Premium Pro account
The Premium account is only available for the Karaokemedia Home and Karaokemedia Pro software. The Premium Pro account is compatible with the Plus function of second screen. The second screen must be acquired separately from the Premium account. When using the second screen, all the limitation messages are removed.
10.6 License for usage with Karaokemedia Pro and Premium Pro Account.
In the case of acquiring a Premium Pro account, to use Karaokemedia Pro a license is required for usage with Karaokemedia Pro 4 and the Premium Pro account for a price of â¬40 per license.
The licenses for Karaokemedia Pro 4 are targeted to only one machine.
If you are going to format your computer or change any hardware component, it is advisable to contact our technic service department firstname.lastname@example.org, so they can help you with the transfer and saving of data as well as the license for Karaokemedia Pro 4. If you unduly perform this procedure your virtual license can be removed and you will have to acquire a new license. This license of usage will be only activated while your Premium Pro Account is activated.
11. Karaokemedia Social.
The Karaokemedia Software Application has some features which allows you to make your profile available to the public, share links to tracks and selected discography lists with other users of the Karaokemedia Service and to integrate your activities in the Karaokemedia Service with functionalities offered by third-party services of social media, including Facebook and Twitter (hereinafter "Karaokemedia Social"). You will be the one to choose if you want to use or not to use the services of Karaokemedia Social. In the case where you use the Karaokemedia Social service, you will have to respect the rest of users of the Karaokemedia Service in their interaction with these media. Karaokemedia reserves the right to, at its sole discretion, disable your account in the case where Karaokemedia thinks that you are infringing this principle. An inacceptable behaviour will lead to the cancellation of your account and the lock to the access to the Karaokemedia Service. As examples of inacceptable behaviour are included, among others, the following mentioned:
1. To give the selected playlists offensive, abusive, defamatory , pornographic or obscene titles;
2. To harass or to bully other users;
3. To send "spam" ("junk mail") to other users through the inbox or to use automatized media to artificially promote contents;
4. To use a picture in your profile which infringes author rights (copyright) of a third party, or if this is offensive, abusive, defamatory, pornographic or obscene.
12. Usage restrictions.
With the aim of avoiding any kind of doubt, you accept that you will not be able (among others):
1. To copy, play, rip, (export or copy music tracks), capture, record, make public or use the Karaokemedia Software Software or the Karaokemedia Service or its content (including, among others, tracks, pictures and text) in any other way which is not expressly allowed by virtue of the present Contract:
2. To sell or to try to sell any invitation of access to the Karaokemedia Service, or re-sell any other code used to enter the Karaokemedia Payment Service;
3. To give your password to any other person or to use the user name and password of any other person;
4. To use reverse engineering technics, decompile, dissemble, modify or create derivative works based on the Karaokemedia Software Application or on the Karaokemedia Service or in any part of these.
5. To circumvent any technology used by Karaokemedia or their licensors to protect the accessible contents through the Karaokemedia Software Application and the Karaokemedia Service;
6. To rent any part of the Karaokemedia Software Application or the Karaokemedia Service.
7. To use the Karaokemedia Software Application or the Karaokemedia Service so that it leads to a violation of the terms of the present Contract;
8. To circumvent the possible territorial restrictions applied by Karaokemedia;
9. To increase or to decrease artificially the reproduction counter (play count) or to manipulate in any other way the Karaokemedia Software Application or the Karaokemedia Service using a script or any other method;
10. To import to the Karaokemedia Service local files which have not been legally acquired;
Apart from the above mentioned, you commit to adopt the reasonable measures to avoid a non-authorised usage of the Karaokemedia Software Application and of the Karaokemedia Service and of their contents.
13. Advertising and usage of the computing resources.
As a consideration of the rights you are granted by virtue of the present Contract, you accept that (i) Karaokemedia and its commercial partners are entitled to send you advertising and other information related to the Karaokemedia Software Application and to the Karaokemedia Service and that (ii) Karaokemedia will be entitled to allow the Karaokemedia Software Application to use the processor, bandwidth, and the storage software of your computer and other gadgets and devices with the limited aim of facilitating the communication and transmission of contents and other data and services provided to you and other users of the Karaokemedia Software Application and of the Karaokemedia Service and to facilitate the functioning of the net in which the Karaokemedia Software Application and the Karaokemedia Service are executed.
14. Customer service.
In the case where some doubts arise about the Karaokemedia Software Application, about the Karaokemedia Service or about the present Contract, we ask you to contact the technic service of Karaokemedia visiting the contact section, or by e-mail email@example.com
15. Period of validity and extinction.
The present contract will be valid, in connection with you, when you select the checkbox "I accept" and when creating a Karaokemedia account or when you start using the Karaokemedia Software Application or the Karaokemedia Service and it will remain valid until you or Karaokemedia proceed to terminate it. You will be able to cancel your subscription from the Karaokemedia Payment Service at any time visiting our subscription page, resolution which will be valid once the current validity period in that moment has passed, when the payment has been made (for example, one month, three months or one year). Unless its cancellation is made within the period in which you can soundly cancel your purchase, period envisaged in the Clause 10 (Period to be able to soundly cancel the purchase of the service), this means that Karaokemedia will not refund any remaining portion of the subscription fees which you have already made. Karaokemedia reserves the right to terminate the present Contract or cancel your Karaokemedia account at any time in the case of unauthorised or allegedly unauthorised usage of the Karaokemedia Software Application or of the Karaokemedia Service, by infringing the present Contract or by other causes. In the case where Karaokemedia terminates the present Contract or cancel your Karaokemedia account, for any of the reasons exposed in the present clause, no obligation nor responsibility will befall on Karaokemedia, and Karaokemedia will not refund any payment which you have previously made.
16. Absence of warranties.
The usage of the Karaokemedia Software Application and the Karaokemedia Service (including, among others, their contents) will befall exclusively on you. The Karaokemedia Software Application and the Karaokemedia Service are provided "as they are" and "as they are available". As far as possible, by virtue of the applicable legislation, Karaokemedia does not grant any warranty, not tacit or express, in relation with the quality, content and availability or adequacy with a concrete aim of the Karaokemedia Software Application or the Karaokemedia Service. In addition, Karaokemedia does not guarantee, endorse or assume any liability related to the products or advertised or offered services through any media or any context, you will have to apply your criterion and discretion when needed. No verbal nor written help or information, obtained by you through Karaokemedia will mean a warranty in the name of Karaokemedia in this sense.
17. Limited liability.
In no case Karaokemedia, its partners, high positions, counsellors, employees or licensors will respond for possible, direct, indirect, incidental, special or consequent damages (including, among others, data losses, interruptions of the service, computing failures or pecuniary losses) which may arise from the usage or the impossibility of using the Karaokemedia Software Application or the Karaokemedia Service (including, among others, their contents), even in the case where you have warned Karaokemedia about the possibility of such losses, and even the damages caused by that. The only right which you may be granted in relation with any problem or discontent with the Karaokemedia Software Application and with the Karaokemedia Service will be to uninstall the Karaokemedia Software Application and to stop using the Karaokemedia Service.
None of the dispositions contained in the present Contract will erase nor limit the liability that befalls on Karaokemedia in case of fraudulent misrepresentation, death or personal injuries caused by the negligence of Karaokemedia.
You agree to compensate and to exonerate Karaokemedia, high positions, counsellors, employees and licensors of any liability related to any claim or demand (including, among others, the reasonable legal fees) submitted by a third party due to, aroused by, related to, the infringement, by you, of the terms and conditions of the present Contract or the violation of any law, regulation, or infringement of the rights of third parties.
19. Industrial and Intellectual Property Rights.
Karaokemedia respects the industrial and intellectual property rights, and it expects you to do the same. Therefore, we ask you to take into account that the Karaokemedia Software Application, the Karaokemedia Service and the contents provided through the Karaokemedia Service are the property of Karaokemedia or of the licensors of Karaokemedia and they are protected by industrial and intellectual property rights (including, among others, author rights (copyrights)) and you are not entitled to use the Karaokemedia Software Application nor the Karaokemedia Service (including, among others, their contents) in any way which is not foreseen in the present Contract. In addition, you will have to avoid any infringement of the industrial and intellectual property rights of third parties when using the Karaokemedia service, what means that (for example) you will not be able to import or copy music or videograms which have not been legally acquired and with regard to the right you have for importing or copying it in the Karaokemedia Software Application.
Moreover, you will not be able to modify any warning about author rights (copyright), commercial brand or other warnings about industrial and intellectual property contained in, or provided through, the Karaokemedia Software Application or the Karaokemedia Service.
20. Technologic limitations and modifications.
Karaokemedia will do all the reasonable possible things to maintain the functioning of the Karaokemedia Software Application and the Karaokemedia Service. Nevertheless, it is possible the existence of some technical or support difficulties which can, at their time, lead to temporary interruptions. Karaokemedia reserves the right to modify or suspend, temporary or permanently, at any time, functions and features of the Karaokemedia Software Application and the Karaokemedia Service, with prior notification or without it.
22. Transfer by Karaokemedia.
Karaokemedia will be able to transfer the present Contract o part of the same with no restriction. You will not be able to transfer the present Contract or part of the same.
23. Entire agreement.
24. Partial invalidity.
In the case where, regardless the cause or extension, any disposition of the present Contract is stated as invalid or non-enforceable, such invalidity or non-enforceability will not affect or not lead to its invalidity or to its non-enforceability of the rest of dispositions of the present Contract, making the application of such disposition prevail as much as possible by virtue of the applicable legislation.
25. Applicable law and controversies.
The present Contract will be abided and interpreted according to the applicable Spanish law. Every controversy, conflict or claim which may arise from, or related to, the present Contract will be submitted to the jurisdiction of the courts based in Albacete, Spain.
26. Priority of the Spanish version.
In the case where the present Contract is translated into other languages and there is an inconsistency between those versions in two different languages, the Spanish version will prevail as long as such inconsistency is a consequence of a mistake in the translation.
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