ACCEPTANCE AND LEGAL INFORMATION:
These provisions regulate the use of the Internet portal service (hereinafter, the ‘Portal’) that SONIDOVISUAL MEDIA S.L., provides under the domain www.sonidovisual.com, in the terms set out in these General Conditions.
SONIDOVISUAL MEDIA S.L. with registered office at Calle Carrara 13, 30.319 Cartagena, Spain and C.I.F. number B-30797187, registered in the Mercantile Registry of Murcia, sheet MU-58309, volume 2352, folio 13 and has the telephone +34 968 08 83 83.
Access to the web pages is free except for the cost of connection through the telecommunications network provided by the access provider contracted by the users. Certain services are exclusive to our customers and their access is restricted.
The use of the Portal attributes the condition of user (hereinafter, the ‘User’) and implies acceptance of all the conditions included in this Legal Notice. The provision of the Portal service has a limited duration at the moment in which the User is connected to the Portal or to any of the services provided through it. Therefore, the User must carefully read this Legal Notice on each of the occasions on which he intends to use the Portal, since it and its conditions of use contained in this Legal Notice may be modified.
Users through the page may request the voice and sound production service to be applied to the numerous products and services offered by SONIDOVISUAL MEDIA S.L., detailed in the “services” section of the page, and upon payment. The services offered in general, have the price indicated in the corresponding commercial offer requested by the client through the “budget”, approved which the service is provided.
The User or Client declares to have read, know and accept without reservation or exception these General Conditions of Use that are exposed in this document. Likewise, both will be subject to all those particular conditions that are brought to their attention in relation to specific services, as long as they do not oppose them. SONIDOVISUAL MEDIA S.L. reserves the right to modify the presentation, configuration, contents and conditions of use of the page, without prior notice on its part, as well as to modify this policy to adapt it to new legislation or jurisprudence.
Some services of the Portal accessible to Internet users or exclusive to customers of SONIDOVISUAL MEDIA S.L., may be subject to particular conditions, regulations and instructions that, where appropriate, replace, complete and / or modify this Legal Notice and that must be accepted by the User before starting the provision of the corresponding service.
CONDITIONS OF USE OF THE PORTAL:
2.1 General:
The User undertakes to make correct use of the Portal in accordance with the Law and this Legal Notice. The User will respond to SONIDOVISUAL MEDIA S.L., or to third parties, for any damages that may be caused as a result of breach of this obligation. It is expressly forbidden to use the Portal for purposes harmful to property or interests of SONIDOVISUAL MEDIA S.L., or third parties or that in any other way overload, damage or disable the networks, servers and other computer equipment (hardware) or computer products and applications (software) of SONIDOVISUAL MEDIA S.L. or third parties.
2.2 Intellectual and industrial property:
All the contents of the Portal, understood by these as merely enunciative texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes (hereinafter, the ‘Contents’), are the intellectual property of SONIDOVISUAL MEDIA S.L. or third parties, without any of the exploitation rights over them being understood to be transferred to the User beyond what is strictly necessary. for the correct use of the Portal. The trademarks, trade names or distinctive signs are owned by SONIDOVISUAL MEDIA S.L. or third parties, without it being understood that access to the Portal attributes any right over the aforementioned trademarks, trade names and / or distinctive signs.
2.3 Contents:
The User undertakes to use the Contents in accordance with the Law and this Legal Notice, as well as with the other conditions, regulations and instructions that may be applicable in accordance with the provisions above. By way of example, the User, in accordance with current legislation, must refrain from: Reproducing, copying, distributing, making available, publicly communicating, transforming or modifying the Contents except in cases authorized by law or expressly consented to by SONIDOVISUAL MEDIA S.L., or by whoever holds the ownership of the exploitation rights where appropriate. Reproduce or copy for private use the Contents that may be considered as Software or Database in accordance with current legislation on intellectual property, as well as its public communication or making available to third parties when these acts necessarily imply reproduction by the User or a third party. Extract and / or reuse all or a substantial part of the Contents of the Portal, as well as the databases that SONIDOVISUAL MEDIA S.L. makes available to Users.
GENERAL CONDITIONS OF CONTRACT:
3.1 Prices, payment methods and delivery times:
To place an order through the website, it can be done by contacting SONIDOVISUAL MEDIA S.L., indicating the delivery time and payment method. The price will depend in any case on the voice or voices selected, the production format, the extension, the use, and other characteristics such as Library Music Rights, recording delivery format, etc. The total price will indicate the amount corresponding to VAT. The recording will be delivered in some of the usual formats of SONIDOVISUAL MEDIA S.L., sent to the client by email or FTP download. The delivery time will be indicated in the quotation. The delivery time will begin to count from the moment the customer accepts the quote. In any case it is understood that the delivery time refers to working days. There is a 48-hour delivery commitment, solely and exclusively for those orders that, due to their extension and format, can be served to the customer in these terms. This shall be indicated in the budget. Payments will be made in 2 installments: 40% after approval of the production by the customer and 60% of the remaining amount must be made effective within the period agreed in the budget. In case of casting with national voices, you must make a payment of 60% of the amount upon acceptance of the budget, and the remaining 40% after receipt of the production.
The voice recordings as well as any other service of those contemplated in the page, made by SONIDOVISUAL MEDIA S.L., are understood to be effective exclusively for the dissemination, format and print run for which they were contracted, without understanding, in any case, that these conditions may be altered by the client, who will have to respond in his case of the legal consequences that this breach entails.
3.2 Guarantees, returns and right of withdrawal:
SONIDOVISUAL MEDIA S.L. undertakes to repeat the recording if it is technically defective or does not conform to the specifications sent by the client and approved. We do not undertake to repeat the recording if it has already been downloaded by the client, which implies its agreement with the work done, unless any of the cases described in the previous section occur. However, it will not acquire any responsibility for failures in the fulfillment of those dates as long as it is for reasons beyond the control of SONIDOVISUAL MEDIA S.L. If the delay in delivery is attributable to SONIDOVISUAL MEDIA S.L., and exceeds 7 days, it will proceed, upon written request of the client, to the full refund of the amount prepaid for the recording whose delivery had been delayed. Likewise, SONIDOVISUAL MEDIA S.L. will not be responsible for any loss of profits or consequential damage, direct or indirect, and its maximum liability in any case will be the amount prepaid for the recording. These General Conditions of Contract will be automatically resolved by the extinction of the business activity of SONIDOVISUAL MEDIA S.L. By virtue of the provisions of the Law on the Regulation of Retail Trade as well as what is regulated by Community regulations (Directive 97/7 / EC), as they are orders clearly personalized and made according to the specifications of the client, the right of resolution that is collected in this Law will not prevail, thus prevailing these General Conditions of Contract.
3.3 Data collection forms:
Without prejudice to the provisions of clause 5 of this Legal Notice, the request for a quote or additional information through the SONIDOVISUAL MEDIA S.L. page are conditioned to the prior completion of the corresponding form.
All information provided by the User through the forms of the Portal for the above purposes or any other must be truthful. For these purposes, the User guarantees the authenticity of all the data communicated and will keep the information provided to SONIDOVISUAL MEDIA S.L. perfectly updated so that it responds, at all times, to the real situation of the User. In any case, the User will be solely responsible for any false or inaccurate statements made and for the damages caused to SONIDOVISUAL MEDIA S.L. or third parties for the information provided.
3.4 Introduction of links to the Portal:
The Internet user who wants to introduce links from their own web pages to the Portal must comply with the conditions detailed below without ignoring them avoid the responsibilities derived from the Law: The link will only link to the home page or main page of the Portal but may not reproduce it in any way (inline links, copy of texts, graphics, etc). It will be prohibited in any case, in accordance with the applicable legislation and in force at any time, to establish frames of any kind that involve the Portal or allow the visualization of the Contents through Internet addresses other than those of the Portal and, in any case, when they are viewed together with content outside the Portal so that: (I) produces, or may produce, error, confusion or deception in users about the true origin of the service or Contents; (II) involves an act of unfair comparison or imitation; (III) serves to take advantage of the reputation of the brand and prestige of SONIDOVISUAL MEDIA S.L.; or (IV) in any other way is prohibited by current legislation No false, inaccurate or incorrect statement about SONIDOVISUAL MEDIA S.L., employees, customers or the quality of the services it provides will be made from the page that introduces the link. In no case, it will be expressed on the page where the link is located that SONIDOVISUAL MEDIA S.L. has given its consent for the insertion of the link or that it otherwise sponsors, collaborates, verifies or supervises the services of the sender.
It is forbidden to use any word, graphic or mixed mark or any other distinctive sign of SONIDOVISUAL MEDIA S.L. within the sender’s page except in the cases permitted by law or expressly authorized by SONIDOVISUAL MEDIA S.L. and provided that it is allowed, in these cases, a direct link to the Portal in the manner established in this clause. The page that establishes the link must faithfully comply with the law and may not in any case have or link to its own content or that of third parties that: (I) are illegal, harmful or contrary to morality and good customs (pornographic, violent, racist, etc.); (II) induce or may induce in the User the false conception that SONIDOVISUAL MEDIA S.L. subscribes, endorses, adheres or in any way supports the ideas, statements or expressions, lawful or illegal, of the sender; III) are inappropriate or not pertinent to the activity of SONIDOVISUAL MEDIA S.L. in attention to the place, contents and theme of the sender’s website.
EXCLUSION OF LIABILITY:
4.1 Information:
Access to the Portal does not imply an obligation on the part of SONIDOVISUAL MEDIA S.L. to verify the veracity, accuracy, adequacy, suitability, completeness and timeliness of the information provided through it. The contents of this page are of a general nature and do not constitute, in any way, the provision of a legal or tax advice service of any kind, so that such information is insufficient for the making of personal or business decisions by the User. SONIDOVISUAL MEDIA S.L. is not responsible for the decisions taken based on the information provided in the Portal or for the damages caused to the User or third parties due to actions that are based solely on the information obtained in the Portal. SONIDOVISUAL MEDIA S.L. is not responsible, even indirectly or subsidiarily, for damages of any kind that may arise from the contents of the texts that are sent by the Client requesting their sound, in particular those texts that infringe the rights of Intellectual Property or that violate the rights to honor, to personal or family privacy and to one’s own image, as well as those texts that contain information that is untrue, immoral or contrary to public order and generally accepted good customs. Therefore, the Client declares under his sole responsibility, and as a necessary condition for the acceptance of the contents provided, to hold the legitimate ownership or the right of use over all the intellectual and industrial property rights corresponding to the contents made available to SONIDOVISUAL MEDIA S.L. for its subsequent sound, without there being any lawsuit or claim against said rights to SONIDOVISUAL MEDIA S.L. by third parties. Consequently, the Client will be directly responsible for the content of the text sent to SONIDOVISUAL MEDIA S.L. for the sound of the same. SONIDOVISUAL MEDIA S.L., reserves the right to refuse to give voice to texts whose content it considers illicit, racist, criminal, apology of terrorism, violation of human rights, defamatory, pornographic, constitutive of fraud, or any other that infringes current national or international legislation. SONIDOVISUAL MEDIA S.L. will not assume any type of responsibility for the information, contents, or services of any kind, of websites to which SONIDOVISUAL MEDIA S.L. may refer through hypertext links, links or banners.
4.2 Quality of service:
Access to the Portal does not imply an obligation on the part of SONIDOVISUAL MEDIA S.L. to control the absence of viruses, worms or any other harmful computer element. It is up to the User, in any case, the availability of adequate tools for the detection and disinfection of harmful computer programs.
4.3 Availability of the Service:
Access to the Portal requires services and supplies from third parties, including transport through telecommunications networks whose reliability, quality, continuity and operation does not correspond to SONIDOVISUAL MEDIA S.L. Therefore, the services provided through the Portal may be suspended, canceled or inaccessible, prior or simultaneous to the provision of the Portal service. SONIDOVISUAL MEDIA S.L. is not responsible for damages of any kind caused to the User as a result of failures or disconnections in the telecommunications networks that produce the suspension, cancellation or interruption of the Portal service during the provision of the same or previously. SONIDOVISUAL MEDIA S.L. is not responsible for any damage caused to the computer equipment of Users or third parties during the provision of the Portal service, including deletion, incomplete transmission or delays in the referral, not committing either that the transmission network is operational at all times.
4.4 Of the contents and services linked through the portal:
The access service to the Portal includes technical link devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, ‘Linked Sites’). In these cases, SONIDOVISUAL MEDIA S.L. acts as a provider of intermediation services in accordance with article 17 of Law 32/2002, of July 12, Services of the Information Society and Electronic Commerce (LSSI) and will only be responsible for the contents and services provided in the Linked Sites to the extent that it has effective knowledge of the illegality and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, SONIDOVISUAL MEDIA S.L. may communicate it in accordance with the procedure and effects established in clause 6, without in any case this communication entailing the obligation to remove the corresponding link. In no case, the existence of Linked Sites should presuppose the existence of agreements with those responsible or owners thereof, nor the recommendation, promotion or identification of SONIDOVISUAL MEDIA S.L. with the statements, content or services provided. SONIDOVISUAL MEDIA S.L. does not know the contents and services of the Linked Sites and therefore is not responsible for the damages caused by the illegality, quality, outdated, unavailability, error and uselessness of the contents and / or services of the Linked Sites or for any other damage that is not directly attributable to SONIDOVISUAL MEDIA S.L.
PROTECTION OF PERSONAL DATA:
The data collected through the data collection forms of the Portal will be incorporated into an automated file of personal data for which SONIDOVISUAL MEDIA S.L. is responsible. This company will treat the data confidentially and exclusively for the purpose of managing the relationship with its customers and promoting its activities. Likewise, SONIDOVISUAL MEDIA S.L. will cancel, delete and / or block the data when they are inaccurate, incomplete or no longer necessary or relevant for their purpose, in accordance with the provisions of the legislation on data protection. By typing the ‘send’ button of the corresponding form, the User expressly consents that their data may be used to send commercial communications by email or by any other means. In the data collection forms, the fields marked with an asterisk are mandatory, so in case the User does not provide the corresponding data, SONIDOVISUAL MEDIA S.L. may at its sole discretion deny the corresponding service. The User may revoke the consent given and exercise the rights of access, rectification, cancellation and opposition by contacting the address indicated in clause 1 and visibly indicating the specific right that is exercised. SONIDOVISUAL MEDIA S.L. adopts the security levels required by the Regulation of Security Measures approved by Royal Decree 994/1999 of June 6. However, the above, technical security in a medium such as the Internet is not impregnable and there may be leaks due to malicious actions by third parties. SONIDOVISUAL MEDIA S.L. may use cookies during the provision of the Portal service. Cookies are automatic procedures for collecting information regarding the preferences determined by a user during his visit to a certain web page. This information is recorded in small files that are stored on the computer equipment of the corresponding user imperceptibly. Each time the user accesses the website in question again, these files are automatically activated so that the website is configured with the preferences indicated in previous visits. In short, cookies are physical files of personal information stored in the user’s own terminal and unequivocally associated with this terminal. Cookies cannot read cookie files created by other providers.
The User has the possibility to configure his browser program in such a way that the creation of cookie files is prevented or warned of the moment in which this occurs. The Portal is accessible without the need for the options referring to cookie files to be activated, although they may prevent the correct functioning of security mechanisms for exclusive services or certain services that require greater security. As a general rule, the purpose of the cookie files of the Portal is to facilitate the User’s navigation.
COMMUNICATION OF ILLICIT AND INAPPROPRIATE ACTIVITIES:
In the event that the User or any other Internet user becomes aware that the Linked Sites refer to pages whose contents or services are illegal, harmful, degrading, violent or contrary to morality, they may contact SONIDOVISUAL MEDIA S.L. through the telephone number indicated above or at the email address info@sonidovisual.com, and indicating the following points: Personal data of the caller: name, address, telephone number and email address;
Description of the facts that reveal the illicit or inappropriate nature of the Linked Site; In the event of violation of rights, such as intellectual and industrial property, the personal data of the owner of the infringed right when it is a person other than the communicator. Likewise, it must provide the title that proves the legitimacy of the owner of the rights and, where appropriate, the representation to act on behalf of the owner when it is a person other than the communicator; Express declaration that the information contained in the complaint is accurate. The reception by SONIDOVISUAL MEDIA S.L. of the communication provided for in this clause will not imply, according to the provisions of the LSSI, the effective knowledge of the activities and / or contents indicated by the communicator.
LEGISLATION:
This Legal Notice is governed in each and every one of its extremes by Spanish Law. In case of litigation both parties submit to the Courts and Tribunals of Cartagena, expressly waiving their own jurisdiction if this were another. The User declares to have read, know and accept these General Conditions in their entirety.
