TERMS OF USE OF musicadvertisement.com
1. INTRODUCTORY PROVISIONS
1.1 ICM Concert Agency s.r.o (as defined below), issues these terms of use of the musicadvertisement.com and provision of the Services (“Terms of Use”) that stipulate rights and obligations in contractual relationships between ICM Concert Agency s.r.o and the Users.
1.2 The musicadvertisement.com and the Service are to be provided by the ICM Concert Agency s.r.o. ( Musical advertising: music jobs, music courses)
1.3 The current contact information of ICM Concert Agency s.r.o for electronic contact (including billing data) is available at musicadvertisement.com/contact/
1.4 The contractual relationship between ICM Concert Agency s.r.o (as defined below) and the User shall be additionally governed by these Terms of Use.
1.5 An informative English translation of these Terms of Use is available at musicadvertisement.com. In case of discrepancies between the English version and the language version the relevant language version shall prevail.
2. DEFINITIONS OF USED TERMS
2.1 Terms used in the text of the Terms of Use shall have the following meaning:
(a) musicadvertisement.com: website or other computer programs (including mobile applications) provided by ICM Concert Agency s.r.o to other entities, primarily through internet network.
(b) ICM Concert Agency s.r.o providing the musicadvertisement.com i
(c) Unregistered User: user who uses the musicadvertisement.com although he/she is not registered in these musicadvertisement.com.
(d) Terms of Use: these Terms of Use of the musicadvertisement.com.
(e) Product Terms: terms of use of the musicadvertisement.com that stipulate further rights and obligations of the Users and ICM Concert Agency s.r.o.
(f) Profile: set of personal data created following the registration voluntarily entered by the User, potentially amended by records of activities of the User in the musicadvertisement.com.
(g) Registered User: user who uses musicadvertisement.com and is registered in these musicadvertisement.com.
(h) Service: service of ICM Concert Agency s.r.o offered and provided to the Users for consideration or without consideration in the relevant musicadvertisement.com.
(i) Account: environment resulting from the registration of the User in musicadvertisement.com.
(j) User: person who uses musicadvertisement.com irrespective of whether it is a Registered User or Unregistered User.
(k) Сustomer: an individual or corporate entity musical advertising music job offers or other similar offers through the musicadvertisement.com for the Users with the purpose of concluding labour or similar contractual relationships or using the musicadvertisement.com in another manner pursuant to a contractual relationship with ICM Concert Agency s.r.o.;
(l) Privacy Policy: terms stipulating protection of Users’ privacy;
3. CONSENT WITH THE WORDING OF THE TERMS OF USE
3.1 Before responding to an advertisement placed in the musicadvertisement.com or before completing the registration in the musicadvertisement.com, order of the Services as well as any other use of the ICM Concert Agency s.r.o (e.g. browsing through musicadvertisement.com), the User shall read the Terms and of Use and relevant Products Terms.
3.2 By responding to an advertisement placed in the musicadvertisement.com or completing the registration in the musicadvertisement.com, or any other use of musicadvertisement.com (e.g. browsing through musicadvertisement.com ), the User gives his/her consent with the wording of the Terms of Use and relevant Products Terms and undertakes to adhere to them. If the User does not agree with the wording of the Terms of Use or relevant Product Terms, he/she shall be obliged to immediately leave such musicadvertisement.com and not use the musicadvertisement.com in any other manner.
3.3 In respect of an order of the Services, specific instructions are listed in the relevant musicadvertisement.com . The User shall be authorised to identify and correct errors during the completion of a relevant form, or by contacting ICM Concert Agency s.r.o using the contact information of the relevant musicadvertisement.com .
3.4 The text of the contract is available to the User in the relevant musicadvertisement.com .
4. USE OF THE musicadvertisement.com
4.1 ICM Concert Agency s.r.o provides the musicadvertisement.com usually free of charge, unless the Product Terms stipulate otherwise.
4.2 If the agreement is to be concluded with ICM Concert Agency s.r.o with its registered office in the Czech Republic, the contract with ICM Concert Agency s.r.o may be concluded in Czech or other languages made available by ICM Concert Agency s.r.o within musicadvertisement.com.
4.3 Price and relating payment conditions in respect of the provision of the Services as well as other information and conditions of such Services are listed in relevant Product Terms.
4.4 ICM Concert Agency s.r.o shall be authorised to suspend or discontinue the operations of an musicadvertisement.com or its part as well as discontinue provision of any Services or their part anytime and without prior notice.
4.5 ICM Concert Agency s.r.o reserves the right to block or delete any entry, communication, information or reference containing solely such information that is incorrect, meaningless or nonfactual (e.g. if it does not relate to search of work, contains fictitious data, political or other views, vulgarisms, etc.). ICM Concert Agency s.r.o shall not be obliged to inform the Users on the decision to block or delete any entry, communication, information or reference as well as on the implementation of such decision.
4.6 ICM Concert Agency s.r.o reserves the right to prevent, using available technical and legal means, the use of the musicadvertisement.com by the User (including deletion of all entered data or documents) who repeatedly or substantially breached these Terms of Use or Product Terms.
4.7 A substantial breach of the Terms of Use shall primarily include the situations when the User:
(a) did not log in his/her Account for more than 2 years;
(b) sends electronic or other messages containing information the disclosure or content of which is in breach of the law of the Czech Republic ;
(c) inadequately or excessively burdens the musicadvertisement.com or their supporting infrastructure as a result of non-standard use of the musicadvertisement.com.
(d) repeatedly or substantially breached these Terms of Use or relevant Product Terms;
(e) makes attempts to automatically or collectively read or copy the content of the musicadvertisement.com;
(f) opened the Account and completed the Profile pursuant to an unauthorised registration, i.e. primarily pursuant to a registration of a fictitious person, or registration under a name of another person.
4.8 A substantial breach of these Terms of Use shall primarily include the entry of the following content by the User:
(a) information that is in in breach of the law of the Czech Republic;
(b) information of sexual nature;
(c) information that is presented in conflict with the practices and regulations for the completion of specific forms;
(d) information on third parties without their knowledge;
(e) information that may damage the reputation of ICM Concert Agency s.r.o or other entities;
(f) information that is obviously untrue.
4.9 ICM Concert Agency s.r.o shall be authorised to control the content of the information presented by the Users. ICM Concert Agency s.r.o shall be authorised to notify the User of the conflict of his/her behaviour with the Terms of Use or relevant Product Terms and require an immediate remedy or immediately block this information or delete it from the musicadvertisement.com, even without the consent of the User.
4.10 The User shall have no ownership rights to the Profile. If the User closes his/her Account, or his/her Account is closed by ICM Concert Agency s.r.o in accordance with the Terms of Use or relevant Product Terms, all information on the User (including CVs or saved favourite advertisements), including the Profile, shall be marked as deleted, may be deleted from the musicadvertisement.com and shall be removed from any public part of the musicadvertisement.com.
4.11 The User shall not be authorised:
(a) to process data in the musicadvertisement.com automatically or perform data mining in a similar manner or use ICM Concert Agency s.r.o databases in addition to the scope necessary to meet the purpose of the musicadvertisement.com ;
(b) try to access the parts of the musicadvertisement.com for which ICM Concert Agency s.r.o did not expressly provide access;
(c) overburden the musicadvertisement.com by automated use;
(d) upload presented data of the musicadvertisement.com for further machine or automated processing;
(e) use the musicadvertisement.com in any other manner in conflict with their purpose.
4.12 ICM Concert Agency s.r.o shall be authorised to use the contact data of the Users (e-mail, or telephone) to distribute commercial communication, relating only to services of ICM Concert Agency s.r.o, unless the User originally refused this use.
4.13 Every User shall have the right to refuse the sending of commercial communication any time and free of charge by using the link in the commercial communication, or by sending a message to any of the contact details of ICM Concert Agency s.r.o as stated at the introductory provisions of these Terms of Use.
5. OBLIGATIONS OF THE USER
5.1 The User shall be authorised to register only under his/her name and enter only the information on him/her in the Profile. Every User may have only one active Account. If ICM Concert Agency s.r.o or a potential Сustomer finds out that one person registered under several names, ICM Concert Agency s.r.o reserves the right to remove other Accounts of the specific User without notice.
5.2 The User who is not interested in registration, may usually use the Services of the musicadvertisement.com in a limited scope as the Unregistered User.
5.3 The Users undertake to present solely such information in the musicadvertisement.com that does not cause any detriment to third parties or ICM Concert Agency s.r.o.
5.4 The User shall be responsible for the content of the saved information pursuant to an application of the User. ICM Concert Agency s.r.o shall be authorised to save the information on the entry of data in the musicadvertisement.com leading to a clear identification of a specific User.
5.5 Depending on the type of the musicadvertisement.com or the Service, the information of the User may be published in the relevant musicadvertisement.com.
5.6 The User shall not be authorised to use the musicadvertisement.com or its part for anything else than his/her own need and in accordance with apparent or advertised features. Primarily it is forbidden to the Users to use the musicadvertisement.com or its part by distribution and copying or another technical processing without verifiable consent of ICM Concert Agency s.r.o. In addition, it is forbidden to the Users to intervene in any manner in the technical or factual content of the musicadvertisement.com .
5.7 The access to the Account/Accounts of the Client in the musicadvertisement.com shall be protected by login data.
5.8 The User shall be obliged:
(a) to notify ICM Concert Agency s.r.o of any security shortcomings in the musicadvertisement.com that he/she identified during their use;
(b) to abstain from the publication of the security shortcomings for no less than ninety (90) days from the notification to ICM Concert Agency s.r.o.
5.9 The User shall be additionally obliged:
(a) to protect his/her device against misuse;
(b) to set sufficiently secure login data;
(c) to prevent any sharing of login data with third parties;
(d) to protect login data; and
(e) to prevent misuse of login data.
5.10 If login data is used in an unauthorised manner or misused, the User shall be obliged to immediately inform ICM Concert Agency s.r.o. ICM Concert Agency s.r.o shall have no liability for any misuse of login data of the User, or any potential detriment or potential claims of third parties arising from the breach of the above obligations of the User.
6. LIABILITY OF ICM Concert Agency s.r.o.
6.1 ICM Concert Agency s.r.o shall not be liable for any damage caused by force majeure or defects outside the technical equipment of ICM Concert Agency s.r.o. “Force majeure” shall mean temporary or permanent extraordinary, unpredictable and unsurmountable obstacle that arose independently from ICM Concert Agency s.r.o.
6.2 ICM Concert Agency s.r.o shall not provide the Users with any guarantees in relation to the properties of the musicadvertisement.com and the Services, unless the Product Terms specifically stipulate otherwise.
7. COMPLAINTS
7.1 ICM Concert Agency s.r.o shall receive complaints primarily to the contact email address of the relevant musicadvertisement.com in the relevant Product Terms. ICM Concert Agency s.r.o or its authorised employee shall decide on the complaint immediately, in complex cases within three (3) business days. This period shall not include the period adequate depending on the type of the Service necessary for a professional assessment of the defect. The complaint, including the removal of the defect, shall be dealt with without any unnecessary delays, however no longer than within thirty (30) days from the day of the complaint, unless a longer period is agreed. Expiry of this period shall be treated as a substantial breach of these Terms of Use.
7.2 ICM Concert Agency s.r.o shall provide the User with the Service that shall have no defects.
7.3 The Service shall be made available to the User depending on the operations of the musicadvertisement.com . When the musicadvertisement.com is out of order or shut down, the Service may be temporarily unavailable to the User without any claim for compensation.
7.4 The scope of provision of the Services in line with these Product Terms shall apply until ICM Concert Agency s.r.o stops operations of the musicadvertisement.com or stops the provision of the Service. The User shall however have the right to use the Service for no less than 12 months after the conclusion of the contract relating to the paid Service in accordance with these Terms of Use; the User shall have not this right in respect of free of charge Services.
7.5 If the Service made available to the User contains defects, the User shall be allowed to:
(a) request a free of charge removal of the defect (if the defect can be removed without any unnecessary delays); or
(b) request access to a new Service containing no defects, if it is not unreasonable given the nature of the defect (if the defect relates only to the part of the Service, the User may request only a new access to such part of the Service);
(c) terminate the contract with an immediate effect, if any of the solutions above is not possible or the same defect appears repeatedly after the repair or there are several defects;
7.6 If the User does not terminate the contract or does not exercise the right for access to a new Service without defects or its part or repair of the Service, he/she may request an adequate discount. The User shall have the right for an adequate discount even when ICM Concert Agency s.r.o is not able to provide him/her with access to a new Service without defects or its part or repair the Service as well as when ICM Concert Agency s.r.o does not provide remedy in reasonable time or when the remedy would cause considerable difficulties to the User.
8. TERMINATION
8.1 If the Registered User wants to use his/her right to terminate with an immediate effect from the contract concluded with ICM Concert Agency s.r.o, he/she may do so anytime by closing their Account usually at the contact email of the relevant musicadvertisement.com or through the relevant contact form. The closing of the Account will also result in the deletion of the Profile from the relevant musicadvertisement.com .
8.2 If the Unregistered User wants to use his/her right to terminate with an immediate effect from the contract concluded with ICM Concert Agency s.r.o, he/she may do so by discontinuing the use of the musicadvertisement.com.
9. OUT-OF-COURT DEALING WITH POTENTIAL DISPUTES
9.1 If the agreement was concluded with ICM Concert Agency s.r.o, the User, who is a consumer, has the right for an out-of-court dealing with potential disputes with ICM Concert Agency s.r.o. The body authorised for the out-of-court dealing with consumer disputes arising from the use of the musicadvertisement.com or the Services is the Czech Trade Inspection Authority at the website of which (www.coi.cz) the User can find, among other things, the information on the manner and conditions of out-of-court dealing with disputes, when this proceeding may be initiated only pursuant to a petition of the User and after he/she does not manage to solve the dispute directly with ICM Concert Agency s.r.o. The form of the petition for the initiation of the proceeding on out-of-court dealing with the consumer dispute is available at the website of the Czech Trade Inspection Authority.
10. APPLICABLE LAW
10.1 These Terms of Use, Product Terms, as well as the relationship between the User and ICM Concert Agency s.r.o shall be governed by the law of
the Czech Republic.
10.2 Any disputes arising from these Terms of Use, Product Terms or contract between the User and ICM Concert Agency s.r.o shall be dealt with by courts of the Czech Republic
11. CHANGE IN THE TERMS OF USE
11.1 ICM Concert Agency s.r.o shall be authorised to change these Terms of Use and Product Terms anytime in the reasonable scope. In such case, ICM Concert Agency s.r.o shall notify the Users of the implementation of changes by an email sent to the User, or using another appropriate manner, e.g. in the musicadvertisement.com. These changes shall be binding for the Users after seven (7) business days from the date of their publication, or another later date stated by ICM Concert Agency s.r.o. The User shall be authorised to reject the change in the Terms of Use and Product Terms by an immediate termination of the contract concluded with ICM Concert Agency s.r.o in line with these Terms of Use, before they take effect. A reasonable scope shall be a change in any provisions of these Terms of Use or Product Terms as well as any other provisions to which these terms of Use or Product Terms refer.
12. FINAL PROVISIONS
12.1 ICM Concert Agency s.r.o may cancel the musicadvertisement.com anytime, unless the Product Terms specify otherwise.
12.2 During the provision of the Services in certain musicadvertisement.com, offers and demands of jobs may be published, and the Users may be allowed to directly contact the other party. The provision of these Services does not involve a direct mediation activity between the Сustomers and the individuals searching for jobs; ICM Concert Agency s.r.o, as the operator of the Services, shall not be an employment mediator in accordance with Section 14 et seq. of Act No. 435/2004, on Employment, as amended.
12.3 The rights and obligations of the Users in respect of the processing of personal data and other information regarding the processing of personal data by ICM Concert Agency s.r.o are available in the current version of the Privacy Policy.
12.4 These Terms of Use shall become valid and effective on 1 February 2021
ICM Concert Agency s.r.o