TERMS AND CONDITIONS OF ACCESS OF PIANO MEDIA
I. General Provisions
1. [The content of the regulations] These Regulations shall define terms and conditions of “Piano Media”, the Service Provider as defined below, as well as terms for the use of electronic services on the said Web site.
2. [Definitions] The following terms shall have the following meaning (references to the expressions in singular form shall also apply to expressions in plural and vice versa):
1) Service Provider or Piano Media – means Piano Media a.s. with its seat in Bratislava, Slovakia, registered office Stefanikova 14, 811 05 Bratislava, Slovakia Identification No 46 103 406, registered in the Companies Register of District Court Bratislava I, section: Sa, insert no 5267/B, Tax Identification No: 2023229989, VAT Identification No: SK2024229989.
1a) Piano Media LLC – means Piano Media LLC, with registered office at 1521 Concord Pike #303, 19803 Wilmington, Delaware, USA which may be entrusted by the Service Provider on the basis of the agreement re: provision of the Paid Digital Content to Users, concluded with a given Publisher (i.e. from the territory of the U.S., Canada), with processing payments and processing of the User’s data, including personal data.
2) Administrator – the Service Provider, owner of the System, entity that provides the authentication services, digital subscription software and payment facilitation for purchasing Subscription Packages, by Users on a Publisher’s Web site.
3) Payment Service – Visa, MasterCard, American Express or other online payment system for the Services provided by the Service Provider for the Users, on terms and with the use of various methods offered by the payment service.
4) User - natural person, (with at least limited legal capacity, at least 18 years old) and legal entity or organizational unit with no legal personality that uses the Web site and Services.
5) Regulations – terms and conditions hereunder, which also constitute regulations for provision of services by electronic means in the meaning of the Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1–16).
6) Digital Content of a Publisher- certain content and/or piece (space) and/or service placed on the web page or application of the Publisher, access to which is provided by the Publisher through the System during Package Duration.
7) Fee – fee for the use of the Services within the Subscription Package, paid by the User under the Service Agreement in accordance with the current price list of the Service Provider posted on the Web site.
8) User’s Account – information assigned to the User by the Service Provider for the purposes of registration and performance of the Agreement on Access to Services, including User’s data, used for performance of the Services or resulting from the Services, including personal data shared by the User during registration process.
9) System - an integrated package of information and communication technologies provided by the Service Provider that allows Users to access Paid Digital Content of a Publisher, and, further, allows them to benefit from their services.
10) Subscription Package – set of authorisations for the use of Services for a fixed time period (i.a. digital subscription), which depend on the type of the Package.
11) Information Bar - a part of the web pages of the Publisher connected to the System and displayed on the top part of the web pages (including home page) of the Publisher, as well as their sub-pages, through which Users have access to Paid Digital Content of a Publisher and can register on the Web site.
12) Web site – internet service with access open for everyone who can connect with public Internet network (i.e. has a device than can be connected to the Internet, web browser), created and run by a Publisher, allowing, i.a.:
- use of the Services by the User through the System, and
- carrying out payments for Subscription Packages through the System in the forms as referred in the Terms&Conditions.
13) Services – services provided by electronic means by the Publisher within the Web site, access to which is granted to the User at the moment of conclusion of the Agreement on Access to Services, and the moment the User acquires the Subscription Package (pays the Fee).
14) Package Duration – means period of access to the Services, depending on the type of Subscription Package chosen by the User.
15) Publisher – the entity which provides, on the basis of the agreement concluded with the Service Provider, Paid Digital Content to Users.
16) Agreement on Access to Services – the service agreement by means of long-distance communication concluded between the Service Provider and the User, within the meaning of the Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1–16).
17) Activation Code - specified sequence of digits or letters which after its activation on the Publisher’s Web site that enables access to Paid Digital Content of a Publisher on terms specified upon provision of the Access Code.
II. Registration and Conclusion of the Agreement on Access to Services
1. [Registration] Registration of the User on the Web site takes place through Publisher’s web page using the Information Bar placed at the top of the Publisher’s web page.
2. [Registration process] Registration, according to Art. II 1 of this Terms&Conditions, equals to:
a) Providing User’s e-mail address in the box situated on the Web site;
b) Providing User’s mailing address or billing address in the box situation on the Web site;
c) User’s consent for personal data to be processed by the Service Provider as well as Publisher on whose web page Paid Digital Content is made available, for the purpose of provision of Services;
d) Provided that such content is given by the User - granting User’s consent for personal data to be processed for marketing purposes regarding products and services of these entities and to receive commercial information by electronic means at User’s e-mail address, in accordance with the Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1–16) from the entities referred to in point 2;
e) Using the “pay and show content” button;
3. [Confirmation of Registration] After registration, User receives automatic information from the Service Provider, confirming the registration as well as transferring data needed to activate access and use of the Services (password and e-mail).
4. [Conclusion of the Agreement on Access to Services] Conclusion of the Agreement on Access to Services during Package Duration equals to registration of the User on the Web site, according to Art. II 2 of this Terms&Conditions and payment of Fee. It is the condition for the use of Services through the System.
5. [Lack of Fee Payment] Providing e-mail address, expressing User’s consents mentioned in article II 2 of the Terms&Conditions and using “pay and show content” button, without paying the Fee, does not constitute conclusion of the Agreement on Access to Services during Package Duration in the meaning of the Terms&Conditions.
III. Scope and nature of Services
1. [Subject of Services] The Service Provider provides service of access to Paid Web Sections of a Publisher through the System in order to enable the User to read their contents, the service is provided by electronic means within the meaning of the Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1–16), including possibility of access to Paid Web Sections of a Publisher under terms stipulated herein.
2. [Fee for Services] The User declares that he accepts the fact that access to the Services is paid and that the Services will not be available for the User after lapse of Subscription Package Duration or expiry of the Agreement on Access to Services (including termination or withdrawal of the User from the Agreement on Access to Services).
3. [Subscription Packages] Access to Services is possible after User purchases one of the Subscription Packages offered on the Publisher’s webpages.
4. [Consequences of conclusion of Agreement on Access to Services] Conclusion of the Agreement on access to Services is tantamount to granting by the Service Provider (as the Licenser), non-exclusive, non-transferable licence for the use of Paid Web Sections of a Publisher, exclusively for the needs of the User (as the Licensee), under terms and conditions stipulated in the Regulations, through the Internet and server. The licence is granted for a limited period – for the duration of Agreement on Access to Services.
5. [Subscription Package Duration] The course of Package Duration starts the moment the payment is made by the User. After the end of Package Duration access to the Services expires unless the User purchases another Package and concludes another Agreement on Access to Services.
6. [Automatic Subscription Package renewal] If a User selects the recurring payment option when purchasing a Package, the access to Services is extended automatically for subsequent period, equal to Duration of existing purchased Package, after the existing and active Package Duration ends. Each extension of access to Services for subsequent period results in charging Fee currently due for subsequent Package. The access to Services is not extended automatically if the User terminates the Agreement on Access to Services by entering section “My account” available on the Web site, not later than 24 hours before the end of Duration of the previously purchased Package. In case of choosing other payment option, after the end of Package Duration access to the Services expires unless the User purchases another Package and concludes another Agreement on Access to Services.
IV. Terms of the use of Paid Digital Content of a Publisher
1. [Nature of Paid Digital Content of a Publisher] The User confirms to be aware that some contents of the Paid Digital Content of a Publisher, provided to the User under the Agreement on Access to Services which are subject to proprietary copyrights or licence authorisations of the Publisher on whose web page they were provided, are subject to protection under applicable provisions of law regarding copyrights and related rights, and international conventions.
2. [Scope of the use of Paid Digital Content of a Publisher] The User acknowledges and accepts that the use of Paid Digital Content of a Publisher outside the scope of familiarising with their content through the web browser and scope allowed under the Terms&Conditions, shall constitute violation of copyrights resulting in civil and penal liability. The following shall be especially regarded as such actions:
a) coping, reproduction and distribution of the contents of Paid Digital Content of a Publisher, and posting them on other web sites or any other distribution in whole or in part;
b) placing references to the Web site or the web page of the Publisher in a way that makes it difficult or impossible to find the source of the content of Paid Digital Content of a Publisher;
c) reproduction of the content of Paid Digital Content of a Publisher on data storage media and distribution and marketing of such copies;
d) distribution of analysis of Paid Digital Content of a Publisher, alterations and distribution of alterations, modifications, summaries or synchronization with other works;
e) carrying out broadcasts using Paid Digital Content of a Publisher in whole or in part, including the synchronization with other works or objects of related rights.
3. [Commercial marks] Commercial marks published on the Web site and commercial marks included in advertisements distributed on the Web site are registered trademarks or unregistered commercial marks and are subject to, i.a., industrial property rights, applicable provisions of law regarding copyright and related rights, international conventions, commercial companies and partnerships and civil law.
4. [Scope of permitted use] It is allowed to use contents of the Paid Content of a Publisher within the scope provided by the applicable provisions of law, i.a., in the case of quoting of fragments of Paid Web Sections of a Publisher by giving source and link to the web page of the Publisher where the full content of the quoted content is published. Licence authorisations for the archive publications contents of the Paid Web Sections of a Publisher are regulated separately by each Publisher in regards of their respective contents.
5. [Use of Paid Web Sections of a Publisher] Any other use of Paid Web Sections of a Publisher not included in the provisions of the Regulations and exceeding the scope of permitted use as stipulated by the provisions of law, requires prior consent of the Publisher of the given content.
6. [Reservation] The User declares to be aware that Paid Web Sections of a Publisher does not constitute guidance or recommendations for the User’s actions and may not be a basis for the actual decisions of the User of the legal, economic, including investment, and social nature with reference to the contents of Paid Web Sections of a Publisher.
V. Terms of Payment and Provision of Services
1. [Orders] The Service Provider accepts the Orders through the Service 24 hours a day, 365 days a year. The Order is confirmed by the Service Provider by e-mail, at the e-mail address as indicated on the User’s Account.
2. [Order Details] The User chooses the following within the Order:
a) type of Subscription Package;
b) invoice/receipt data, including personal data;
c) shipping data for the print edition of a publication, including personal data;
d) method of payment.
3. [Changes in the Order] The User can change the Order until the moment of payment for the Subscription Package. Changes to the Order can be made by contacting [email protected] Change of the Order will be implemented by the Service Provider after verification of the User as entitled to the User’s Account (by e-mail).
VI. Subscription Package Price
Methods of Payment
1. [Subscription Package Prices] Subscription Package Prices are placed next to description of Subscription Packages on the Web site, include information on VAT and are given in Dollars (USD), Euros (EUR) or British pounds (GBP). The final price, which is the part of the Agreement on Access to Services, is the Subscription Package Price given during Order submission.
Payment for the Subscription Package is charged in advance.
2. [Price list update] Update of the price list for the Subscription Packages does not constitute an amendment to the Regulations or amendment to the Agreement on Access to Services concluded between the User and the Service Provider. Updated Prices apply in the case of conclusion of new Agreements on Access to Services by the User. The change of the Subscription Package price list does not affect prices valid at the time of amendment of the Agreement on Access to Services.
3. [Methods of payment] Upon conclusion of the Agreement on Access to Services, the User can choose the following methods of payment for the Subscription Package:
1) credit card – payment made by the User with the use of his credit card through Payment Services.
2) online payment methods – PayPal and similar.
4. [Payment information] Information on payments, regulations of Payment Services, details regarding payment, transaction security are available on web pages of the respective Payment Services.
5. [Payment by credit card] Authorisation of transactions made by credit cards takes place through the Payment Service in cooperation with the bank that issued the credit card. Data filled in the transaction authorisation form regarding the card holder (personal data, card number) are directly transferred to the Payment Service. The Service Provider does not collect, store or process details of the credit card used for the payment of the Fee.
6. [Personal data and other data shared with Payment Services] The given Payment Service is liable for processing and protection of personal data and other data shared by the User for the purposes of payment through the Payment Service.
7. [Performance of the Order] – Performance of the Order and provision of access to Services for the User within the Subscription Package takes place after the User pays for the Subscription Package.
8. [Changes of Subscription Packages/promotional campaigns] The Service Provider reserves the right to introduce new Subscription Packages, remove existing Subscription Packages (without prejudice to the acquired User’s rights) and to conduct promotional campaigns. Details of promotional campaigns, including terms of participation and duration of promotion, are available on the Web site. Right of the User to the promotional campaign cannot be combined with other promotional campaign organized by the Service Provider, unless the Service Provider states otherwise. Participation in promotional campaigns is voluntary. Applicable provisions of the Regulations apply to the rights and obligations of participants of promotional campaigns.
End of promotional campaign does not affect rights acquired by the participants.
9. [Activation Codes] Activation Codes may be distributed through the press, packages of consumer electronic goods and other forms not specified hereinabove. Activation Codes may be distributed directly by the Service Provider or by other entities under agreements concluded with the Service Provider. Service Provider is not responsible for distribution of Access Codes by other entities mentioned above. Details of Activation Code activation, including terms for access to Paid Digital Content of Publisher with the Activation Code, Code validity, are specified upon provision of the Code. The Activation Code may be activated on the Publisher’s Web site. Activation of Activation Code is voluntary. Activation of Activation Code equals to conclusion of Agreement on Access to Services and has consequences specified in Article II 2 of the Terms&Conditions. The provisions of Terms&Conditions apply to rights and obligations of Users who activated the Activation Code.
VII. Withdrawal from the Agreement on Access to Services
Termination of the Agreement
1. [Special rights of the User who is the consumer] The User who is the consumer gives consent for the Services to be provided within 10 days from conclusion of the Agreement on Access to Services. The User who is the consumer is entitled to withdraw from the Agreement on the Access to Services within 10 days from the date of conclusion of the Agreement on Access to Services without stating reason for such withdrawal, unless he started using the Service (re-logged on the Web site after the registration and payment for the Services).
2. [Forms and terms for the withdrawal] The User can withdraw from the Agreement on Access to Services by written statement on withdrawal from the Agreement. Statement should be sent to mailing address of the Service Provider provided on the www.pianomedia.com and its content should include elements indicated in the specimen available on the Web site its contents should be consistent with the format available on the Web site. In order to meet the deadline it is sufficient to send the statement before it expires. In the case of withdrawal, the Agreement on Access to Services is considered as non-concluded, the User-consumer is indemnified from all obligations, everything the Parties provided is returned in unchanged state, and the Fee paid by the User is reimbursed by the Service Provider immediately, not later than within 14 days.
3. [Termination of the Agreement on Access to Services] The User is entitled to terminate the Agreement on Access to Services in the following cases:
a. essential change, according to the User, to the contents of Paid Access of the Publisher (withdrawal, limitation, modification of contents of Paid Web Sections of a Publisher previously offered within the Subscription Package) or
b. essential change, according to the User, of amount of Fee due for subsequent Package equal to existing Duration of the previously purchased Subscription Package, for which the access to Services is extended automatically if the recurring payment option was chosen or
c. in the case the Regulations are amended under terms and conditions stipulated in the Agreement on the basis of the statement sent by e-mail at [email protected] with 2 week-notice, calculated from the date of delivery of the User’s statement to the Service Provider, subject to stipulations of point 4 below.
4. [Statement on termination of the Agreement on Access to Services] Content of the statement on termination of the Agreement should include elements indicated in the specimen available on the Web site. Agreement on Access to Services is terminated as of the date of expiry of the notice, with the exception of termination of the Agreement due to change of Fee due for subsequent Package for which the access to Services is extended automatically if the recurring payment option was chosen. In such a case the Agreement on Access to Services is terminated as of the expiry of Duration of the previously purchased Package.
5. [Return of the Subscription Package Fee] In the case of termination of the Agreement on Access to Services the Service Provider immediately reimburses the User the Package Fee in proportion to the period from the date of expiry of notice to the date of expiry of Package Duration, not later than within 14 days from the date of termination of the Agreement.
1. [Complaints on Services] User has the right to lodge a complaint on the Services (in writing or via e-mail [email protected]), providing contact details that enable contact with the User, i.a., permanent address, telephone number/ e-mail address. The complaint shall be processed within 14 days as of the date of complaint reception by the Service Provider. The User is obliged to state precisely what the claimed defect is and to state the period of time during which the defect occurred.
2. [Complaints on payments] Complaints regarding payments in Payment Services are processed by the given Payment Service through the Service Provider. Complaint regarding payment is lodged by the User (in writing or via e-mail at [email protected]) with contact details enabling contact with the User, i.a., home address, telephone number/email address, and number, amount, data of the transaction. The Complaint shall be processed within 14 days from date of its delivery to the Service Provider.
3. [Verification of complaint] The Service Provider verifies validity of the complaint and informs the User about its decision by e-mail at the e-mail address entered during the registration, or other e-mail address indicated by the User, or the mailing address indicated by the User in written complaint.
4. [Procedure of the complaint process in the case of Users who are consumers] If the Service Provider allows the complaint, the Service Provider shall restore the Service, as soon as possible, to the state in compliance with Agreement on Access to Services, unless such restoration is not possible or requires excessive costs. If the User, according to the foregoing provisions, is not entitled to such restoration, or the Service Provider is not able to satisfy such complaint in due time, or the restoration would put the User to significant inconvenience, the User has the right to withdraw from the Agreement; the User cannot withdraw from the Agreement if the reason for complaint is of little significance.
5. [Procedure of the complaint process in the case of Users who are not consumers] If the complaint is allowed, the Service Provider shall restore, as far as possible, the Services to the state of compliance with the Agreement on Access to Service.
6. [Other] The Service Provider shall inform the User about the result of complaint processing by e-mail or at the mailing address provided by the User in written complaint.
2. [User’s rights] The User is entitled to review the shared personal data by contacting Service Provider through email supplied on the contact page of Service Provider (www.pianomedia.com), and has the right to correct them and request the deletion of her/his personal data.
3. [Administrator] The Service Provider and the Publisher are the Administrators of the data.
4. [Consent to receive commercial information] Additionally to the use of personal data for the purpose of provision of online Services, if you, the User, give during your Registration consent to receive commercial information by electronic means,, you may receive commercial information from us, the Service Provider, or the Publisher of the content. However, you, the User, will not receive from us, the Service Provider, or from the Publisher, third party marketing offers or information.
5. [Administrator´s limitation of User´s data usage] The Service Provider and the Publisher will not rent, share or sell the User´s personal data to any other third party without consent of the User except to provide products or services the User has requested. The Service Provider and the Publisher hereby state that they implemented physical, electronic, and procedural safeguards that comply with regulations to protect personal information about the User. Advertisers or other companies do not have access to personal data of the User.
1. [General Rule] The User is obliged to use the Services only in compliance with applicable law, avoiding any actions which may lead to any claims of third parties.
2. [Reservation] The Service Provider reserves the right to withdraw or modify certain contents of the Paid Web Sections of a Publisher, i.a., in the case of withdrawal of such contents by the Publisher, ensuring at the same time access to other contents offered by other Publishers, without prejudice to rights of the Users who already paid the Fee, and right to terminate the Agreement by the Users in accordance with the Regulations.
3. [Further reservation] The Service Provider reserves the right to the temporary, short-lasting discontinuance of working of the Web site and the System only due to maintenance works connected with modification of the Services, or break down of the Internet, or other causes that result from the force majeure within the meaning of the applicable provisions of civil law. The Service Provider shall restore access to Services within the shortest possible period.
4. [Further reservation] The Service Provider does not guarantee that the Services meet the User’s expectations as to its substantive contents, accuracy or usefulness of the received information for the intended purposes.
5. [Liability] The Service Provider is not liable for:
a) the consequences of User’s registration that is improper or inconsistent with the Regulations;
b) damages that occurred due to failure to deliver the Services on the part of the User, or any irregularities which occurred during their delivery as a result of force majeure within the meaning of the applicable provisions of civil law;
c) consequences of blocking, by the administrators, of mail servers sending e-mails to e-mail addresses given by the User, as well as deleting and blocking of e mails by the software installed on the computer used by the User;
d) contents of advertisement, advertising or marketing information or any other information, posted or prepared by third parties, including those commissioned by the Publisher;
e) content of information on Paid Web Sections of a Publisher, in particular their compliance with law, veracity, validity, value for the User, as well as frequency of their update by the Publisher;
f) resignation from cooperation by the Publisher and lack of access to Paid Access of such Publisher resulting from the foregoing, as well as change of the scope and type of contents of Paid Access of the Publisher, however at the same time providing the User with access to contents of Paid Access of other Publisher, without prejudice to the right to terminate the Agreement on Access to Services on terms stipulated herein;
g) consequences of User’s password takeover by third parties;
h) accidental blocking or deletion of the account of the User;
i) damage caused by non-observance of the Regulations by the User.
6. [Obligation to read the Terms&Conditions] The User accepts that he is obliged to read the Regulations, clarify any doubts with the Administrator and make any queries or comments directly to the Administrator.
7. [Liability of the Service Provider] If you, the User, are not a consumer, you agree that our, the Service Provider’s, liability to you, the User, is limited to actually suffered loss, and does not include consequential damages.
8. [Obligation of the user] The user confirms all information including the country of residence and billing are correct and the user agrees to indemnify Piano for any resulting tax liability if it is subsequently discovered that the user intentionally misrepresented this information.
XI. Final Provisions
1. [Amendment of the Terms&Conditions] The Service Provider reserves the right to amend the Terms&Conditions, in particularly justified cases, including if the need to implement such amendments results directly from the change of law. The Users will be notified of amendments to the Regulations by information on the Web site with indication of amendment list at the end of the Regulations and the date of enforcement of a particular amendment. All the amendments to the Regulations take effect within 2 weeks after their publication in the manner described in the previous sentence. Amendment to the Regulations shall not affect the acquired rights related to the already concluded Agreements on Access to Services. The User who does not accept amendments to the Regulations is entitled to terminate the Agreement on Access to Services with immediate effect within 21 days from the date the of publishing of amendments to the Regulations.
2. [Applicable laws] In any matters not governed herein, the provisions of the applicable law or other laws governing the operations and functioning of the Web site shall apply. The provisions of the European law shall apply to the Agreement on Access to the Services.
3. [Entry into force of Terms&Conditions and subsequent amendments to Terms& Conditions]
Terms& Conditions came into force on 4 March 2014.
4. [Availability of the Terms&Conditions] The Terms&Conditions are available on the Service Provider’s web page: pianomedia.com