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Welcome to the VØRTICE platform, this is the space developed and directed to centralize everything related to the world of electronic music. These general conditions have been developed to regulate the use of the site and its resources, also following the provisions of our Privacy and Cookies Policy. On the one hand, VØRTICE, referred to simply as “licensor” (receiving party), and on the other hand, referred to as “licensee” artist/user, (disclosing party), under the terms of current legislation.
Acceptance of these conditions of use and liability automatically results from access to our site.
Our general conditions may be amended at any time, so please check them regularly.
If you do not agree with our general conditions, please do not use the platform.
PROJECT CHARACTERISTICS:
Project aimed at promoting electronic music and its segments.
Geographical Area of Coverage.
National and international scope, in accordance with the laws and rules established by each country.
ABOUT THE PLATFORM
Our platform was developed to provide general information about electronic music, from artist profiles to record label services and other commercial activities in this segment.
Access to the platform is free, so it is not free from any failures that may occur regardless of the work carried out by the licensor, as well as the security measures taken by the user.
The licensor reserves the right to alter or deactivate the platform at any time without prior notice.
DEFINITION OF INFORMATION
For the purposes of these General Conditions, Artistic Information shall mean all data and/or materials transmitted by written, electronic, verbal or any other means and of any nature whatsoever including, but not limited to: digital files, technical specifications, models, data, source codes, documentation, research, know-how, marketing techniques and materials, marketing and development plans, user registrations, works produced and related to the Disclosure and Business Opportunity that contain the General Information and other information related to users, price lists, pricing policies and other similar information, of a technical, financial, registration, market, commercial, business nature, among others, written or oral, which has been produced by the Disclosing Party and/or made available to the Receiving Party, subject to any exceptions agreed between the parties.
Confidential information shall be that which is so identified by the Disclosing Party, by means of legends or any other markings, or which, due to the circumstances of the disclosure or the very nature of the information, must be considered confidential or proprietary.
If there is any doubt about the confidentiality of certain information, the Receiving Party must keep it strictly confidential until the Disclosing Party expressly states so.
GENERAL USE
Use of the platform will depend on the compatible features of the user’s device, as well as a fixed or mobile internet connection. In the event that access and use occurs outside the national scope, the user will be responsible for local laws.
Users of the platform must observe the following rules:
1 – The user may not deviate from the purpose of using the platform;
2 – The user may not use content from the platform for illicit purposes or to obtain undue advantage from third parties;
3 – The user must respect copyright and intellectual property laws;
4 – The user may not violate the legal rules and regulations for use of the platform, and may not in any way interfere with the platform or any connected servers or networks, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature.
5 – The user may not modify or alter the platform in any way that could mislead third parties or cause irregular association with the licensor;
6 – User registration is personal and non-transferable and may not be used or transferred to third parties. In the event of any data leakage or suspected access to the user’s account, the user must notify the licensor immediately, who reserves the right to close the account;
7 – Misuse of any trademark on the platform is strictly prohibited;
8 – Whenever the user uses or quotes from the platform, they must always refer to the licensor’s trademark, with due acknowledgment and protection of copyright and intellectual property;
Violation of any of the rules set out in these General Conditions will result in the user being held responsible, and the licensor may deny access immediately and take other appropriate measures, and may notify the user of their responsibility.
ON SPECIFIC USE BY ARTISTS
The Disclosing Party is interested in providing the Receiving Party with general information about its artistic profile, with a view to possibly analyzing the opportunity for disclosure;
To this end, the Parties wish to adjust the conditions of disclosure of the General Information, as well as define the rules relating to its use and protection; and
The Receiving Party undertakes to keep available the publicity of all Information that may be provided by the Disclosing Party for centralized disclosure of the artistic profile.
LIMITATIONS ON CONFIDENTIALITY OBLIGATIONS
The stipulations and obligations contained in these General Conditions shall not apply to any information that:
– Is already in the public domain at the time of entering into this Agreement;
– Becomes public domain after acceptance of this TERM, without the Receiving Party having disclosed it or in any way contributed to such disclosure and/or knowledge of it by a third party;
– Is received in good faith by the Receiving Party from a third party, it being understood that it shall not be the Receiving Party’s obligation to question whether or not such third party has a duty of confidentiality in relation to the Confidential Information; or
– Is necessarily disclosed by the Receiving Party by virtue of a legal rule, in compliance with a court order or by order of a competent authority, especially ECAD, national or international regulatory agencies, only to the extent necessary for compliance, in which case the Disclosing Party must be immediately notified; or
– Are expressly identified by the Disclosing Party as no longer being confidential or its property.
THIRD PARTY WEBSITES AND SERVICES
The Platform may contain links to third party websites and services.
The licensor shall not be liable for user access to third party websites and services.
GENERAL RIGHTS AND OBLIGATIONS
The Licensing Party undertakes and is obliged to take all necessary measures to protect the Information with the same zeal and care with which it would treat its own data, keeping it in a safe place, with limited access to avoid and prevent disclosure to third parties, unless duly authorized by the Disclosing Party/user.
In order to comply with the disclosure of the artist’s data and profile, the Receiving Party may disclose the Information to its employees, agents, service providers, agencies, which may be under the Receiving Party’s management, administrators, consultants (including, without limitation, artistic consultants, advisors and curators) (“Representatives”), and affiliated, controlled or controlling companies (“Affiliates”) and their respective Representatives who need to know it in order to achieve the purposes of this TERMS.
These General Conditions do not imply the granting to the Receiving Party/user of any license or any other right, explicit or implicit, in relation to any patent right, publishing right or any other right relating to intellectual property.
The Licensed Party undertakes not to take any action with a view to obtaining, for itself or for third parties, the intellectual and/or industrial property rights relating to Information that may be disclosed.
The Disclosing Party/user hereby declares that it has all the necessary authorizations to disclose the Information to the Licensing Party/Receiving Party.
COMMENCEMENT AND DURATION
These General Conditions shall be valid for an indefinite period of time, and it is certain that the obligations set out in this TERM shall subsist for as long as the disclosure for business opportunities is being developed or executed and for as long as the use of the platform continues.
GENERAL PROVISIONS
In the event that any condition of this instrument is, for any reason, deemed invalid or ineffective, all remaining conditions shall remain fully valid and binding, generating effects to the fullest extent, as a way of achieving the will of the Parties.
These General Conditions have been entered into in accordance with the principles of probity and good faith, by free, conscious and firm observance of the will of the Parties and in perfect equity.
The General Conditions do not confer on either Party any right or power to bind the other Party in relation to third parties, by contract or otherwise, nor do they create between the Parties any relationship of representation, intermediation, joint venture, service contract, agency or sale of products, partnership, association, mandate or employment between one Party and the employees and agents of the other Party in any capacity, nor the granting of any license or any type of right.
No user may assign or transfer the rights and obligations arising from these General Conditions to third parties, in whole or in part, without the prior written consent of the licensor.
The General Conditions shall be binding on the Parties, their successors and permitted assigns.
No Party shall disclose, use or permit the use of the names, logos, trademarks or other identifying data of the other Party, or otherwise discuss or make reference to the other Party in question, in any notice, website, promotional or marketing material, or in any press release or other announcement or advertisement, without the prior written consent of the other Party.
CONDITIONS OF ADMISSION.
For all purposes of this contract, the participant is the natural person who freely and spontaneously expresses their consent to the project.
The following requirements apply
The Participant is responsible for the veracity of the information provided on the Participation Form.
Any type of change in data must be informed by the developer to the recipient for the purposes of changing the disclosure profile.
DIGITAL PLATFORMS AND GUARANTEED BENEFITS.
As long as the receiving party keeps the digital platforms active, it will ensure that the linked artists can disseminate their profiles and artistic materials.
The receiving party may charge an administration and maintenance fee for the platforms, with the prior acceptance of the developer.
If the developer fails to pay any monthly fee charged, the receiving party will not be obliged to keep the promotional material on the platform.
TERM – DURATION OF THE CONTRACT
The term of this Agreement is indefinite.
The disclosing party may at any time request the deletion of its profile and artistic data from the platforms, stating a just reason for expressly revoking the consent initially granted when sending the data to the disclosing party.
GENERAL PROVISIONS.
In the event of any discrepancy in the data or information disclosed that requires rectification, the disclosing party must send the request by e-mail so that the receiving party can make the necessary adjustments within 15 days.
Any changes to the relevant legislation that impact the disclosure and maintenance of the information disclosed will be adopted immediately, or within the period stipulated in the legislation, regardless of the disclosing party’s request to this effect.
The discloser, through its agents, authorizes the recipient to provide all information, whether of a cadastral nature or not, when requested by supervisory bodies.
It is the developer’s obligation to formally communicate any changes to the registration data, including changes to the e-mail address. Failure to do so will exempt the recipient from any liability or consequences for failure to communicate.
The parties, however, reserve the right to disclose their business relationship arising from this Agreement for the purposes of institutional advertising.
This agreement has been drawn up in accordance with current legislation, so any change in the rules that implies a necessary modification of what has been agreed here may lead to an adjustment of the conditions, including possible repercussions on the consideration.
