BYP Music Office is a database service, provided by Badass Yogi Production ASBL (BYP ASBL) (hereinafter "BYP ASBL").
BYP ASBL is registered in Belgium under the company N°: 896.528.339
BYP ASBL Postal Address:
Au Verger l'Epine, 26
B-6760 Virton
Belgium
Offering Subscribers paid service to receive monthly via email statistical and chart data in relation to the music tour management in Europe (hereinafter “the Service”).
These terms of use (hereinafter “TOU”) govern access, consultation, visualization and more generally the use of the Service by any person who subscribes the Service (hereinafter “the Subscriber”).
ARTICLE 1 – OBJECT AND ACCEPTANCE
The present TOU establish the contractual obligations between the BYP ASBL and any Subscriber desiring to access, consult, visualize, and generally use the Service, from any medium (personal computer, digital tablet, mobile phone).
Use of the Service subject to separate contractual terms.
The use of the Service implies the Subscriber’s full and complete acceptance to the TOU in force at the time of connection. Any Subscriber not desiring to adhere to, and comply with, the TOU in its entirety must refrain from using the Service. The applicable TOU are those in effect at the time Subscriber connects and uses the Service.
BYP ASBL reserves the right to modify the Service and the present TOU at any time. All modifications are in force immediately upon publication online. Consequently, Subscribers undertake to regularly consult the TOU to be made aware of any changes.
ARTICLE 2 – DESCRIPTION OF THE SERVICE
2.1. The Service provides Subscribers with the consultation of data and information relating to artists, recordings and albums, their statistics of sale, listening, viewing, their charts, their concert history and links to social networks and other websites, from a web interface, with aggregation and analysis functionalities and tools.
2.2. The Service is reserved for the personal use of the Subscriber. BYP ASBL makes no guarantees with respect to the ability of the Service to meet business or professional requirements.
2.3. Access to the Service requires access to the Internet, a email address and a device that provides an Internet connection. Connection and equipment charges remain the exclusive responsibility of the Subscriber who is responsible for their proper operation, compatibility and optimization in order to access the Service.
2.4. BYP ASBL remains free to modify the layout, presentation and graphics of its Service and of the sites on which it is made available.
2.5. BYP ASBL remains only decision maker concerning the means of organization of the features and tools of the Service to Subscribers and the associated advertising. Subscribers cannot, in this regard, assert any claims, action or damages due to the modification or removal of whatever editorial content and/or functionality of the Service whatsoever.
ARTICLE 3 - AVAILABILITY OF SERVICE
It is recalled that in the case where the Service is offered free of charge to Subscribers for a limited period of time, BYP ASBL is under no obligation, either by means or results, to provide a “minimum” of availability of the Service to Subscribers.
In any event, BYP ASBL cannot be held under any obligation of result or to the availability the Service with respect to the Subscribers who are informed that BYP ASBL is likely to interrupt the direct or indirect access to the Service for technical or editorial reasons (such as maintenance, updates, etc.) , without prior notice or information to the Subscribers.
In no event shall BYP ASBL be held liable for the consequences of such interruptions or downtime for Subscribers.
ARTICLE 4 - USE OF THE SERVICE
4.1. BYP ASBL will make the Service available to Subscriber according to one or more online or written ordering documents which incorporate the Agreement (each a “Service Order”). Subscriber is responsible for Subscriber Data and the provision of Subscriber Data to the Services according to the Agreement.
Each Account is personal and cannot be used by any person other that the Subscriber, nor transferred, shared or assigned to a third party, even within the same company, entity or group. The Subscriber is responsible for keeping his login and password private and confidential. The Subscriber is solely responsible for access to his Account with his login and password, except in the event of proof of fraudulent use by a third party.
An Account may be closed at any time, (i) by the Subscriber, by accessing his dedicated account space or by sending a written request to BYP ASBL, or (ii) by BYP ASBL in case of a violation of the present TOU. The Subscriber acknowledges and accepts that the termination of his Account brings about the permanent deletion of all data, settings, saved information therein, which shall not give rise to any financial or other compensatory claim.
4.2. Subscribers are informed that the data made available and aggregated by BYP ASBL originate from third party sources, the accuracy and precision of which does not pertain to the responsibility of BYP ASBL.
BYP ASBL assumes no responsibility in the event of misunderstanding or misinterpretation by a Subscriber regarding the presented and made available on the Service. In case of doubt or difficulty in understanding, the Subscriber is invited to contact the relevant BYP ASBL.
4.3. All Subscribers agree not to contravene the legislation in force and the legitimate interests of third parties and BYP ASBL. To this end, when the Subscriber is invited to, or has the possibility of, uploading, suggesting, modifying data or information on the Service, the Subscriber is notably prohibited from:
-Publishing false, erroneous, misleading, defamatory or offensive data, information or content;
-Disseminating or making available, via the Service, any messages, texts or images which are pedophile, incite racial hatred, or deny crimes against humanity;
-Hacking or engaging in any act of fraudulent collection of personal data;
-Breaching legislation relating to intellectual property notably by publishing infringing content (including creation of hyperlinks to websites offering infringing content or by simply providing information relating to such internet sites), publicity and privacy rights and freedom of expression;
-Using, in the framework of classification tools or notation provided on the Service, any automated means which permit a massive voting, thereby creating an artificial overload of the server;
-Usurping the identity of a Subscriber;
-Interfering or attempting to interfere with the operation or accessibility of the Service or of any other service and/or content accessible on the Internet;
-Using the Service to send, in any form whatsoever, any unsolicitied advertising or promotional content;
-Disseminating unsolicited advertisements (“spam” or “flood), chain emails or pyramid schemes;
-Spreading viruses, malware or other devices likely to harm BYP ASBL or BYP ASBL Subscribers;
-Copying, modifying, or distributing content from BYP ASBL;
-Collecting information about the Subscribers, by any means, without their consent, including their e-mail addresses;
-Attempting to mislead other Subscribers by usurping an identity, a company name, trade name, or by violating the image or reputation of others, by posing as a third party or a person affiliated with BYP ASBL;
-Disseminating any content intended to offer products or services prohibited by law or which infringe third party rights.
BYP ASBL reserves the right to suspend or remove a Subscriber’s access to the Service in the event a Subscriber has not complied with anyone of the aforementioned provisions.
ARTICLE 5 – HYPERLINKS
5.1. Some hyperlinks accessible on the Service may send the Subscriber to other websites or other Internet sources.
BYP ASBL is not able to monitor and/or control these sites and external sources, the Subscriber acknowledges that BYP ASBL cannot be held responsible for the insertion of hyperlinks to websites and external sources, and does not assume any responsibility for the content, advertisements, products, services or other material available on or from these websites or external sources.
Moreover, the Subscriber acknowledges that BYP ASBL cannot be held responsible for any loss or damage in connection with the use of content, goods or services available on these sites or external sources.
BYP ASBL cannot also be held responsible in the event that the contents of such sites contravene the legal or regulatory provisions in force.
5.2. Subscribers are prohibited from setting up hyperlinks to any or all parts of the Service without prior written authorization from BYP ASBL.
BYP ASBL is free to refuse this authorization without justification. In the event BYP ASBL grants its authorization, it is temporary and may be withdrawn at any time, without any obligation to justify the decision on the part of BYP ASBL.
ARTICLE 6 – INTELLECTUAL PROPERTY
BYP ASBL is the owner of all elements (texts, images, photographs, sound, software, icons, graphics, layout, database, trademarks, logos, etc.) including structure and editorial content on the Service, all of which are protected by intellectual property law and notably copyright, trademark, data base rights, which BYP ASBL is the owner, assignee or licensee.
Thus, any reproduction, representation, adaptation, translation and/or transformation, in part or in full, or use of any element of the Service cannot take place without the express written prior consent of BYP ASBL.
BYP ASBL is the owner of the BYP ASBL trademark. Therefore any reproduction, imitation or use of the BYP ASBL mark is prohibited without prior written permission of BYP ASBL.
SECTION 7 - PERSONAL DATA
The data and information relating to Subscribers and to their use of the Service are process by BYP ASBL, acting as data controller, in accordance with the terms of the Privacy Policy accessible at the following address: privacy policy. By using the Service, each Subscriber accepts the terms of this privacy policy.
The data collected by BYP ASBL comprises on the one hand the data that you provide and on the other hand the information that is collected in an automated way. The creation on an Account involves the communication of personal data to BYP ASBL by Subscribers. Subscribers are informed that the refusal to disclose mandatory information during the registration process will impede the account creation and the use of some features.
In accordance with the provisions of the law "LOI - WET of 11 December 1998", all Subscribers have a right to access, object and correct their personal data held by BYP ASBL. Any Subscriber can exercise his right by writing to the following address: BYP ASBL Au Verger L'Epine 26 B-6760 Virton or writing to the email address info@byp-online.com.
ARTICLE 8 – FORCE MAJEURE
Circumstances considered as cases of force majeure, are those usually accepted by the case law within the meaning of article 1148 of the Belgian Code Civil.
BYP ASBL cannot be held liable to the Subscriber for any failure of the Service due to force majeure or individual acts by the Subscriber.
ARTICLE 9 – ABUSE
All Subscribers can report, under the conditions prescribed by law, abusive content or an error relating to data or information, by writing directly to the email address info@byp-online.com or to the following postal address: BYP ASBL Au Verger L'Epine 26 B-6760 Virton.
All reports should allow BYP ASBL to identify the specific content and the reason for the report; BYP ASBL may, if necessary, request that the Subscriber provide details and all relevant supporting documents in order to assess the reported acts. The Subscriber undertakes to provide his full cooperation in this regard.
ARTICLE 10 – MISCELLANEOUS PROVISIONS
In the event where one of the provisions contained in these TOU is found to be illegal, invalid or unenforceable, for any reason whatsoever, it will be considered as though it had not been written and the other provisions of these TOU will remain in force and will continue to apply between Subscribers and BYP ASBL.
ARTICLE 11 – APPLICABLE LAW AND COURTS
These terms are governed by Belgian law. Failing an amicable settlement, any dispute relating to their validity, their interpretation or their execution falls to the Belgian courts.
ARTICLE 12 – LEGAL INFORMATION AND CONTACT DETAILS
The Service is accessible from the URL address http://www.byp-online.com and from any other address designated by BYP ASBL.
For questions about the company or the Service, please send your questions by email to: info@byp-online.com