1.1. These general conditions ("Conditions") set out important information regarding the rights, obligations and the restrictions that may apply to you as a user ("User") when you access our website at https://datafreakmachine.com ("Website") and/ or access and use the “dashboard datafreak” application ("Application") and any services offered in conjunction with the application ("Services").
1.2. The Website, Application , Algorithm, the Database and the associated Services are supplied by SPRL FREAKSVILLE ("we", "us" and "our" as appropriate). We are a company incorporated under the laws of Belgium. Our registered office is at: 4100 Seraing, Rue du Cimetière, 35/3 (registered number: BE 0540.553.185). Contact Email : firstname.lastname@example.org ( Tel : +32(0) 2 560.21.17.
1.3. Your continued use of our Services (including, but not limited to , the downloading of the application or any upgrades and/ or use of the Services) will be deemed acceptance by You of these Conditions and any such changes, or modifications. Any translations of these Conditions are provided as a courtesy to you and the definitive text of these Conditions is the French version. These Conditions and the relationship between you and us shall be governed by the laws of Belgium without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the courts of Belgium.
1.5. You accept to use the Application only for legal and legitimate purposes and according to these Conditions FREAKSVILLE shall have the right to limit or cancel your account, anytime and without prior notice, if You infringe these General Conditions.
1.6. If you have any queries regarding us, the Website, Application and/ or Services, please contact us by email at email@example.com.
2) DESCRIPTION OF SERVICES
2.1. The Application “Dashboard datafreak” is a web-based application that facilitates the use of Services, which generally consist of a digital dashboard powered through a secure online platform for the management of data related to musical work.
2.2. Content, Algorithm and Application contained on the Website, including these Conditions, may be changed at the sole discretion of FREAKSVILLE and without notice. You are bound by any such updates or changes, and so should periodically review these Legal Conditions. As long as you comply with this Agreement, FREAKSVILLE grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Service and the Application as it is intended to be used and in accordance with this Agreement and applicable law.
2.3. We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature, database and/ or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without liability.
3) REGISTRATION AND SERVICES PROCEEDING
3.2. Your subscription to the Services is automatically renewed each month or each year until terminated. To use the Services, You must provide us with one or more means of payment. A means of payment means a means of payment current, valid, accepted. Unless You cancel your subscription before your monthly billing date, You authorize us to charge you the following month's subscription fee via your Payment Method.
3.3. Your subscription to the Services may begin with a free trial. The free trial period lasts one month, unless otherwise specified during registration and is intended to allow Users to try the Services. Depending on your method of payment, we will invoice the amount corresponding to your monthly or annual subscription fees at the end of the free trial period, unless you cancel your subscription before the end of your free trial period. To view monthly or annual subscription fees, please access your "My Account" area.
4. INVOICING AND TERMINATION
4.1. Subscription fees for the Services, as well as any other costs related to your use of the Services, such as taxes or any transaction fees, will be billed each month on the calendar day corresponding to the beginning of the paid period of your subscription via your means of payment. Please visit our Site and click on the "billing details" link on the "Account" page to find out the date of your next billing.
4.2. To use the Services, you must provide us with one or more means of payment. You can update your means of payment on the "Account" page. We can also update your payment methods with information provided by the payment service providers. After any update, You authorize us to continue to withdraw your account via the means of payment concerned. You authorize us to withdraw your account via any means of payment associated with your account in case your principal means of payment is declined or is no longer available for the payment of your subscription fees. You are liable for any amount not taken. If payment of a payment fails due to card expiration, insufficient balance or for any other reason, and you do not cancel your account, we may suspend your access to our service until we have successfully withdrawn your account via a valid means of payment.
4.3. You may at any time unsubscribe or cancel your FREAKSVILLE account, your subscription or any other relationship with FREAKSVILLE subject to these Terms and Conditions, by means of a cancellation procedure notified at the time of your registration (OR after accessing the page " Account "). Please note, however, that FREAKSVILLE will not make any refunds, except in exceptional cases where we are guilty of serious misconduct, and you remain liable for payment of all or part of the Services that you have already used or for which you have already committed.
4.4. We may change our subscriptions and the price of our service from time to time. However, any pricing changes or our subscriptions will only apply to you after a minimum period of 30 days after we receive a notification from you
5) SERVICES AVAILABILITY
5.1. We reserve the right to modify, suspend or discontinue, at any time, any feature of the Machine developed by FREAKSVILLE, including its availability, database and / or content. We may also impose limits on certain features and services or limit your access to all or part of the Services without incurring any liability on our part. Such changes, if substantial, will be notified with reasonable notice where possible, and you will have the option of terminating the service if you do not agree to the new Conditions.
5.2. We will not be liable to you or to third parties for the termination or for the permanent or temporary suspension of all or part of the Website, Application or Services.
5.3. We will make our best efforts to provide you with a regular service, but we do not guarantee that FREAKSVILLE’s "The Machine" is free from defects or that the Services will be uninterrupted. In the event that a defect appears, please inform Customer Service and we will try to correct the defect within a reasonable time. We will only occasionally restrict your access to the Website or Services to make corrections, maintenance or to introduce new features or services and we will do our best to minimize such disruption.
6) LEGAL PROTECTION AND LIMITATIONS
6.1. You agree not to disassemble, de-compile, reverse engineer, or otherwise attempt to gain access to the source code of the Application or Services or any Third Party Application. You will not copy any part of the “Machine” or any Third Party Applications and/ or Sites or make commercial use of, rent, lease, loan, sell, publish, license, sublicense, distribute, assign or otherwise transfer any part of FREAKSVILLE to any person.
6.2. You agree to not use FREAKSVILLE to: (i) interfere with, manipulate, or take any actions that may undermine the integrity of any rating system used on the Services; (ii) interfere with or disrupt FREAKSVILLE or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to these; (iii) collect or store personal data about other Users of FREAKSVILLE;
6.3. You will not alter, destroy, obscure, or otherwise remove any copyright or proprietary notices or labels on or embedded within any part of FREAKSVILLE and/ or any Third Party Applications.
6.4. YOUR USE OF APPLICATION IS AT YOUR SOLE RISK. THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND STATUTORY REMEDIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY THAT (i) THE APPLICATION WILL MEET YOUR REQUIREMENTS, (ii) DELIVERY OF ANY PORTION OF THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION WILL BE BINDING FOR THIRD PARTIES, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) ANY PORTION OF THE APPLICATION OR ANY OTHER APPLICATION PROVIDED BY US WILL BE OF SATISFACTORY QUALITY, FAULT OR VIRUS FREE OR UNINTERRUPTED OR SATISFY ANY CONDITIONS OF QUALITY AND FITNESS FOR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
6.5. We, our subsidiaries, our partners, suppliers and their respective owners, our directors, managers, agents and employees, are in no way liable to You for any loss of profit, interruption of your commercial activity, loss of commercial information , loss of business activity, loss of opportunity or any other financial loss, loss of data or any direct or indirect damage resulting from a contract, an injurious act or other, resulting from or related to the use of the 'Application, or inability to use the Application and any other applications for which we have licensed You, or resulting from any content transmitted to You or transmitted to FEAKSVILLE, that we have become aware of the possibility of such damage or loss or not.
6.6. You hereby indemnify and hold harmless, and upon our request, defend, us, our affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees and costs) arising out of any claim, action, or proceeding brought by a third party based on a breach of any warranty, representation, covenant or obligation by You under these Conditions. You will reimburse us and our affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section, provided that we attempt to obtain your written consent prior to making such payments, such consent not to be unreasonably withheld, delayed or conditioned. We shall promptly notify you of any such claim, and you shall assume control of the defence of such claim upon our request. We shall have the right, at your expense, to participate in the defence thereof under your direction.
6.7. Besides, You agree not to misuse the Application and, in particular, you agree that you will not: (i) post or distribute any material that is unlawful or which threatens or encourages illegal activities or which harms the rights of others; (ii) post or distribute material which is not your own; (iii) post or distribute any material which infringes the copyright, trademark, patent, trade secret or other intellectual property or proprietary rights of any other party; (iv) impersonate any person or entity or create a false or misleading identity; (v) access, or attempt to access, the accounts of others; (vi) breach, or attempt to breach, our security measures, or penetrate or attempt to penetrate our computer software, hardware, electronic communication system, or telecommunications systems; (vii) collect, attempt to collect, or use other members' personal information; (viii) engage in any activity which adversely affects the ability of other people or systems to use the Website or the internet generally; (ix) cause any nuisance or cause the operation of the Website to be jeopardised or impaired; (x) post or distribute any material that contains any form of software virus or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xi) modify, adapt, translate, or reverse engineer any portion of the Application or its contents, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website and/or Application, save only to the extent permitted by applicable law; or (xii) use the Application for any improper, unlawful goal.
7.1. We may use and / or maintain a file with your Registration Data and / or other unique identifier, as applicable, to provide and facilitate the use of FREAKSVILLE’s Services. The cases where such personal information may be used or collected are as follows : in order to facilitate the processing of metadata, for troubleshooting issues and technical or security issues, in order to detect and protect against errors, frauds, in order to ensure compliance with the General Conditions or rules, regulations that would be imposed by the applicable law, for any other internal purpose, or for purposes for which the person concerned was informed at the time of collection, and to keep you informed of our products and services.
7.2. We may also retain and use your personal information to keep You up-to-date on Freaksville news and news. If you do not wish to receive news, newsletters or any other notification from us, please inform us by email at privacy@Freaksville.com.
7.3. In the event that we are redeemed by a third party or in the event of a merger with a third party, or if we assign all or a substantial part of our assets, we reserve the right, in all circumstances, to transfer and assign the information and content that we have received and collected from our Users as a result of the merger, spin-off, acquisition, sale, or other takeover. In the unlikely event of our bankruptcy, bankruptcy, judicial reorganization, or assignment to the benefit of creditors, or in the case of application of the laws or principles of fairness relating to the rights of creditors in general, it is possible that we can not control how your personal information is processed, transferred or used.
7.4. By registering as Member on the site, natural and legal persons give their explicit consent to the processing of their personal data carried out by FREAKSVILLE, namely the production and physical and electronic publication of a directory and a database for targeted internal search through the Website.
7.5. By virtue of the relevant legal provisions, Members have a right to the information, a right of access, a right of rectification and a right of opposition with regard to their personal data held by FREAKSVILLE ( firstname.lastname@example.org)