Legal conditions

LEGAL WARNING

The https:// website and the computer application that is developed in the future (hereinafter, jointly referred to as the “Site”) are owned by Sony Music Entertainment España, SL (“Sony Music”), whose identification data are the following:

Registered office: Paseo de la Castellana 202, 7th floor. 28046, Madrid

CIF number: B-28054054

Telephone: (+34) 913880002

Registration data: registered in the Commercial Registry of Madrid in Volume 20150, Book 9, Folio 224, Section 8, Sheet M-60370, Registration No. 110ª

This Legal Notice regulates access and use of the Site that Sony Music makes available to Internet users who are over 18 years of age and whose purpose is to provide the user (the “User”) with information related to the products and/or services offered at SMF Store.

1. THE GENERAL CONDITIONS OF THE SITE AND THE SERVICES AND THEIR ACCEPTANCE

1.1 GENERAL CONDITIONS OF THE SITE

The use of the Site attributes the status of User and implies full acceptance of the terms and conditions that govern it here (the “Legal Notice”). Therefore, the User states that he or she has read, understood and accepted them in their entirety and is bound by them. Likewise, access and use of the Site is subject to all notices, regulations of use and instructions made known to the User by Sony Music, which complete the provisions of this Legal Notice as long as they do not contradict them.

1.2 PURCHASE CONDITIONS

The registration and purchase of products on the Site will be subject to the Purchase Conditions.

1.3 MODIFICATION.

Sony Music reserves the right to unilaterally modify the Legal Notice from time to time (hereinafter, the “New Conditions”). Once the modifications are incorporated into the Site, it will also be understood that access and use of the Site by the User implies full acceptance of the New Conditions.

1.4 REJECTION

If the User decides to reject the Legal Notice, the Purchase Conditions and/or, where applicable, the New Conditions, they will not be able to access or make purchases of the products offered on the Site.

2. OBJECT

The purpose of this Legal Notice is to regulate access and use of the content made available to Users on the Site (hereinafter, the “Contents”). For the purposes of this Legal Notice, “Site” will be understood as:

The external appearance (or “look and feel”) of screen interfaces, both statically and dynamically (i.e., the navigation tree).

The elements that make up both the screen interfaces and the navigation tree, including, but not limited to, literary texts, images and sounds, multimedia, artistic works (including graphics, frames, etc.), fixations, photographs , and in general, all those creations, elements and/or objects that are incorporated therein (hereinafter, the “Contents”).

The Services that are incorporated therein and, in general, any type of content located under the URL www.sonymusic.es, its subdomains and/or its subdirectories.

3. SITE CHARACTERISTICS

3.1 AVAILABILITY

3.1.1 Without prejudice to what is established in stipulation 6.2 below, the Site will be available twenty-four (24) hours a day, every day of the year. Notwithstanding the foregoing, the provision of new connections, address changes and updating of necessary maintenance operations that, in general, necessarily imply the suspension of access or use of the Site may cause a temporary interruption for the time necessary to undertake said tasks.

3.1.2 Sony Music may contract and/or subcontract with third parties whatever it deems appropriate in relation to their performance of any or all activities necessary for the maintenance, updating or improvement of the Site. These entities may have the power to deactivate the Site and, consequently, interrupt access to it. Sony Music will make every effort to notify the User, to the extent possible, of those periods of time in which access to the Site is interrupted.

3.2 MODIFICATION OF THE SITE

Sony Music reserves the right to unilaterally modify, at any time, and without prior notice, the presentation and configuration of the Site, including the Content and/or Services offered therein.

4. CONDITIONS OF ACCESS AND USE OF THE SITE

4.1 FREE CHARACTER

4.1.1 Access to and use of the Site is free of charge for Users and does not require prior subscription or registration by the User.

4.1.2 The cost of telephone consumption entailed by the use of the Site as well as any costs and/or expenses unrelated to the mere access and making available of the Contents and/or Services will depend solely and exclusively on the User, who must face the themselves directly.

4.2 USE OF THE SITE

4.2.1 The User undertakes to use the Contents and/or Services diligently, correctly and lawfully. The User agrees not to use the Site to carry out activities contrary to the law, morality, accepted good customs or public order. Likewise, the User agrees not to use the Site for purposes or effects that are illegal, prohibited or harmful to the rights and interests of third parties, and Sony Music declines any responsibility that may arise from this.

4.2.2 The User acknowledges and accepts that the use of the Site will be carried out at their own risk and for strictly personal, private and particular purposes. It is expressly prohibited for the User to authorize third parties to use the Site or to involve it in any business or commercial activity.

4.2.3 The User undertakes not to damage, disable or deteriorate the equipment or computer systems of Sony Music or third-party Users, as well as all the content incorporated and/or stored therein. Likewise, the User undertakes not to prevent or hinder in any way the normal use, enjoyment, development or provision of the Content or Services incorporated into the Site.

4.2.4 The making available to the User of the Site will be understood, in any case, subject to strict compliance by the User with the terms included in these Legal Notices and, where applicable, in those Purchase Conditions or New Conditions that are applicable, and are also obliged to respect the indicated restrictions on use.

4.3 INSTALLATION AND USE OF COMPUTER PROGRAMS

For the purposes of correct access and implementation of the Contents and Services of the Site, the User may need to download certain computer programs or other logical elements or software to their computer equipment. Said installation will be the responsibility of the User, and Sony Music declines any type of responsibility that may arise from it.

4.4 WITHDRAWAL, CANCELLATION, SUSPENSION OR BLOCKING

Sony Music may, at its sole discretion, withdraw, suspend and/or block at any time and without prior notice access to the content or the provision of services to those Users who fail to comply with any of the terms established in this stipulation. .

5. EXCLUSIVE RESPONSIBILITY OF THE USER

The User voluntarily accepts and acknowledges that the use of the Site takes place under their sole and exclusive responsibility. Any risks arising from this are assumed exclusively and without limitation by the User. In this sense, the User accepts and acknowledges that they will be exclusively responsible for any damages and/or losses suffered by their computer system and/or for losses derived from the download or use of any elements.

6. WARRANTIES AND LIMITATION OF LIABILITY

6.1 GENERAL EXEMPTION

6.1.1 Unless the Law expressly imposes otherwise and exclusively to the extent and extent to which it imposes it, Sony Music does not guarantee or assume any responsibility regarding the use of the Site or the elements related to or incorporated therein, such as the contents accessed by the User or any of the Services provided.

6.1.2 By way of example and not limitation, the disclaimer mentioned in the previous paragraph includes any guarantees or responsibilities arising from its levels of quality, interoperability, functionality and/or suitability for a particular purpose.

6.2 INTERRUPTION, SUSPENSION AND CANCELLATION

The User accepts that Sony Music will not be responsible for any damages or losses arising from the interruption, suspension or cancellation of access to the Site, including, for the purposes of merely illustrating but not limiting, any direct, indirect, collateral or accessory damages, whether such interruption, suspension or cancellation had been justified or not, negligent or intentional, whether it had been warned or not.

6.3 ELEMENTS OUTSIDE THE SITE

6.3.1 Sony Music does not control in advance and does not guarantee the absence of any foreign elements that may cause alterations in the User's computer equipment and applications or in the electronic documents and files stored in or transmitted from it.

6.3.2 Sony Music expressly declines any liability in relation to the introduction into the User's equipment or systems of computer programs or foreign materials that contain a sequence of instructions or indications that may cause harmful effects to the User's computer system, including , by way of example, “computer viruses”, “trojan horses”, errors in functionality and operability (“bugs”), “time bombs”, “cancelbots”, etc.

6.4 SERVICES, CONTENT AND INFORMATION OTHER THAN SONY MUSIC

6.4.1 Sony Music does not intervene in the configuration and provision of the services provided by third parties through the Services or the content and/or products that they may incorporate and/or market, nor does it exercise any prior control, not guaranteeing legality. , infallibility and usefulness thereof. Sony Music excludes any liability for damages of any kind that may be due to defects in the quality of the content or services provided by any third parties other than Sony Music.

6.4.2 This Site includes information, opinions, advice, warnings and statements – considered together as the “Information” – provided by different sources, as well as by its own Users. The Information in question is provided for general information purposes only. Therefore, Sony Music is not identified nor responsible for any decisions that may have been adopted based on it. Likewise, Sony Music does not control or offer any kind of guarantee regarding the veracity, validity, completeness and/or authenticity of the data that other Users provide about themselves or make accessible to other Users. Therefore, Sony Music declines any responsibility that may arise from the incorrect identity of Users.

6.4.3 Likewise, and except for those limitations of liability that are required by Law, Sony Music does not guarantee, nor assumes any responsibility for the certainty, integrity, accuracy and updating of such Information, including those cases in which there are defamatory, offensive or of an illicit nature.

6.5 LINKS TO THIRD PARTY SITES

This Site may include links to websites operated by third parties. In such cases, the links in question are provided as an additional service to Users, without under any circumstances constituting any endorsement by Sony Music. The links provided on this Site are only for the convenience of Users, informing them of the existence of other sources of information on the subject on the Internet without being, in any way, endorsed by Sony Music. In these cases, Users will be solely responsible for the use of such links and, consequently, Sony Music does not assume any responsibility for the results that can be obtained through them, nor does it guarantee the information or content that is not found directly. managed and controlled by your Webmaster.

7. OWNERSHIP AND AUTHORIZATION REGIME

7.1 OWNERSHIP

7.1.1 The User recognizes the ownership of Sony Music with respect to all its intellectual, industrial property rights or other similar rights over the Site. By way of example and not as a limitation, it will be understood to include any information, messages, graphics, drawings, sound and/or image files, photographs, recordings, computer programs, databases, technology, computer equipment, know-how, brands, logos and, in general, any type of material accessible through the Site owned by you, as well as the Site itself (hereinafter, the “Property”).

7.1.2 The User agrees not to remove or modify any legends, indications or symbols that Sony Music incorporates into its Properties regarding intellectual or industrial property.

7.2 PROPERTY AUTHORIZATION REGIME

7.2.1 The User acknowledges that by virtue of these General Conditions of the Site Sony Music does not assign or transfer to the User any right over any elements of its Property. Sony Music only authorizes the User to use the Property essential for the use of the Site in accordance with the terms indicated in this document and/or in the General Conditions of the Services.

7.2.2 Sony Music does not grant any other license or authorization of use to the User of its Property other than that expressly detailed in these General Conditions of the Site or, where applicable, in the Specific Conditions. For these purposes, Sony Music authorizes Users to access and browse the Site. When Sony Music authorizes it, or the Site's own technological devices allow it, the User may download a single copy of the Site's own material, as long as it is for strictly personal use without obtaining any lucrative or commercial advantage. In any case, the use license recognized in this section will not, in any case, be assigned or transferred to third parties. Sony Music expressly reserves any other rights or uses that are not included in this license; extending this reservation to the exercise of actions, civil or criminal, that could be exercised as a result of access and/or use of this Site, its pages, Contents or elements.

7.2.3 Except as expressly stated in the previous paragraph, Users WILL NOT BE AUTHORIZED to reproduce, store, distribute (including emails and the Internet), transmit, communicate, modify, alter, transform, assign the Property or, in any other way. deploy activities that involve the commercial use of this Site, its pages, Contents, Services or elements that comprise it, whether partially or totally, without the express consent, granted in writing of the owner of the exploitation rights. The User must refrain from obtaining or even attempting to obtain any of the elements that make up the Property using means or procedures other than those that, depending on the case, have been made available for this purpose or have been indicated for this purpose. on the web pages where the Property is incorporated.

7.3 LICENSE

7.3.1 The submission by Users of information and/or content to any of the publicly accessible sections of this Site, including, but not limited to, models, suggestions, ideas, drawings, concepts, comments, questions, or any others of similar significance, through email or any other means, implies the granting in favor of Sony Music of a license without limit in time, worldwide and free of charge to reproduce, store, edit, modify, publish , incorporate into databases, publicly communicate, transmit, display, distribute, represent, or in any other way commercially exploit, in whole or in part, such information or content owned by the User.

7.3.2 The license in question will also include its incorporation in any form or through any means or technology. The User is responsible for ensuring that the information and/or content sent does not infringe the rights of third parties or violate any applicable legislative regulations. Sony Music reserves the right, at its sole discretion, to edit, reject or eliminate the information and/or content referred to above.

7.3.3 Users of this Site assume the obligation to keep Sony Music, or its representatives, harmless and free from any liability that may arise from the exercise of actions, judicial or not, that have their cause in the violation of the rights of third parties or current legislation.

7.4 ESTABLISHMENT OF LINKS WITH THE SITE

7.4.1 Users and, in general, those people who intend to establish a link between their website and the Site (hereinafter, the “Link”) must comply with the following conditions: The Link will only allow access to the Site, but You may not reproduce the content in whole or in part. No links will be established with the web pages of the Site other than the home page of the Site (www.sonymusic.es). No browser, frame, environment or navigation bar will be created on the web pages of the Site. No false, inaccurate, incorrect or denigrating statements or indications will be made about the Site, Sony Music or any of its Properties and, in particular, It will not be declared or implied that Sony Music has authorized the Link or that it has supervised or assumed in any way the content or services offered or made available on the website on which the Link is established. With the exception of those signs that form part of the Link itself, the web page on which the Link is established will not contain any trademark, trade name, establishment sign, name, logo, slogan or other distinctive signs belonging to Sony Music. The web page on which the Link is established will not contain illegal information or content, contrary to morality, generally accepted good customs and public order, nor will it contain content contrary to any third party rights.

7.4.2 The establishment of the Link does not imply in any case the existence of relations between Sony Music and the owner of the website on which it is established, nor the acceptance and approval by Sony Music of its contents or services.

7.4.3 Any other link claim other than that stipulated in the first paragraph of this stipulation will require the prior written acceptance of Sony Music.

8. PERSONAL DATA

To use or have access to any of the Services or Content incorporated into the Site, Sony Music may require certain personal data from Users. Sony Music will process said data in accordance with the terms and conditions included in its Data Protection Policy published at the URL http://www.sonymusic.es/politica-de-privacidad.

9. COLLECTION OF INFORMATION

In order to adapt and modify the Site, as well as develop and offer new Content or Services that better suit your preferences, Sony Music will use technological instruments or mechanisms that will allow obtaining statistical data from Users. The information obtained through these mechanisms will not be associated with any specific User.

10. DURATION AND TERMINATION

10.1 DURATION.

The validity of the contractual relationship agreed in this document has, in principle, an indefinite duration.

10.2 TERMINATION

10.2.1 Sony Music may terminate or suspend this contractual relationship unilaterally at any time and without any cause other than its will in this regard.

10.2.2 For its part, the User may terminate this contractual relationship at any time and without any cause other than his/her will in this regard.

11. ASSIGNMENT TO THIRD PARTIES

The User may not assign, transfer, encumber or subrogate in favor of third parties the rights and obligations established in this Legal Notice and, where applicable, in the Specific Conditions. The User may not under any circumstances resell or assign their rights and/or obligations or use the Contents and/or the Service for commercial purposes. Sony Music may assign, transfer, encumber or subrogate in favor of third parties, totally or partially, the rights and obligations assumed by virtue of the contractual relationship set forth herein, as well as the contractual position to any third party, understood as through this document , that the User grants sufficient authorization for this purpose.

12. MISCELLANEOUS

12.1 NOTIFICATIONS.

For the purposes of any suggestion or proposal for collaboration, the User may contact Sony Music by sending an email to the email address info@smfstore.com.

12.2 NON-WAIVER

No waiver by Sony Music of taking action with respect to any breach by Users of the terms herein constitutes a waiver of taking action with respect to any other breach of that same agreement or any other breach in the future.

12.3 APPLICABLE LAW AND COMPETENCE.

These General Conditions of the Site will be governed and interpreted in accordance with Spanish legislation. In the event that the User is domiciled outside of Spain, both parties irrevocably and unconditionally submit, waiving any other jurisdiction that may apply to them, to the exclusive jurisdiction of the Courts and Tribunals of the City of Madrid (Spain).