1.1. The operator of the website www.music-as-movement.eu, through which Users are provided with the possibility of accessing the audio content of the web audio library in the form of streaming (hereinafter also referred to as the "Service"), is Bc. Karel Odehnal, ID number: 17063892, with registered office at Dvorská 1497/20, 67801 Blansko, registered in the trade register kept at the Blansko Town Hall, nám. Svobody 32/3, 67801 Blansko (hereinafter referred to as the "Operator").
1.2. For the purposes of these terms and conditions, the service means providing access to the Audio content of the web audio library by the User in the form of streaming. The web audio library presents a set of audio recordings of accompaniments to songs and recordings of its own provenance. Part of the Service is the provision of access to sheet music materials in the form of free downloads from the Operator's website.
1.3. User means a person who, based on his order, is made available by the Operator the Audio content of the web library, including sheet music materials (hereinafter referred to as "User").
1.4. All audio content of the web audio library, including available sheet music, is intended exclusively for online playback as part of recorder lessons.
2.1. The User's registration for the Web Audio Library Service, on the basis of which the User gains access to the Audio content offered by the Operator, takes place at the moment of filling out the registration form on the website www.music-as-movement.eu. The contract and all information related to its conclusion are in the Czech language.
2.2. After successful registration, a User Account is created for each User. The user is obliged to enter all his data correctly and truthfully. The User is obliged to update their data in case of any change so that the Operator can properly fulfill its obligations arising from this contract in relation to the User. The data provided by the User in the User Account and during the execution of the order are considered correct by the Operator, until they are changed by the User.
2.3. By registering, the User confirms that he is familiar with the terms and conditions and that he agrees with them. The User has the right to give his consent to the terms of collection, processing and use of personal data entered by him by the Operator for administrative, statistical and marketing purposes in accordance with applicable regulations on personal data protection.
2.4. Access to the User account is secured by a username and password. The User is obliged to maintain confidentiality regarding the information necessary to access his User Account.
3.1. The presentation of digital content on the Operator's website does not constitute an offer to conclude a contract according to §1732 paragraph 2 of the Act. No. 89/2012 Coll., of the Civil Code, as amended (hereinafter referred to as "the Civil Code").
3.2. The conclusion of the contract on the access to the Audio content of the Service is implemented through the website www.music-as-movement.eu (hereinafter referred to as the "Agreement on the access to the Audio Content"). At this point, it is no longer possible to change the order, as it is immediately forwarded for automatic processing.
3.3. By sending the order, the User confirms his consent to the use of remote means of communication when concluding the Agreement on making Audio content available.
3.4. Before sending the order for the conclusion of the Agreement on making audio content available, the User is allowed to check and change the data that the User entered in the order, also taking into account the possibility of the User to detect and correct errors that occurred when entering data into the order. The data provided in the submitted order are considered correct and binding by both the User and the Operator.
3.5. The contract for making Audio content available is concluded at the moment of delivery of an e-mail message to the User confirming the payment of the relevant subscription program and the completion of the order. This e-mail message is sent to the User only after the indisputable payment for the ordered subscription program for Audio content and contains a link to make the relevant Audio content available.
3.6. By submitting an order for the Audio content subscription program of his choice, the User grants the Operator his express consent to make this Audio content available before the expiry of the withdrawal period. The User acknowledges that the User's right to withdraw from the Audio Content Access Agreement expires after the User has made the subscription program available to the Audio Content ordered by the Operator.
3.7. Playback of audio content from the web audio library is made available to the user only after registration and payment of the price of the respective subscription program.
4.1. All prices listed on the website www.music-as-movement.eu are contractual, currently valid at the time the order is sent by the User to the Operator. Prices of subscription programs for Audio content are final. Prices remain valid for as long as they are displayed on the web interface.
4.2. The Operator does not charge the User any fees in connection with the conclusion of contracts when using means of communication at a distance (costs of Internet connection, costs of telephone calls, etc.). The user pays only such costs for the use of means of communication at a distance that he has agreed with his telecommunications service provider.
4.3. Payment for making Audio content available is only possible in cashless form, either via a payment card or by transfer to the Operator's account. This payment takes place without additional fees from the Operator. After payment, the Operator will send the User an electronic invoice to his email address, to which the User expressly agrees.
5.1. The Operator allows the User to use the Service through the following subscription programs:
5.2. Within the " FOR EVERYONE " subscription program, the User chooses one of the following groups of this subscription program:
5.3. As part of the " EARLY MUSIC FAN " subscription program, the User gets the option to play recordings from the " EARLY MUSIC FAN " section.
5.4. As part of the combined subscription programs "FOR EVERYONE + EARLY MUSIC FAN ", the User gets the opportunity to play audio files from both sections of the web audio library and, if necessary, can also add stocks from the "EARLY MUSIC FAN" section to students' playlists.
6.1. The User waives his right to return or request the return of downloadable files of any type, pdf files, audio files, as soon as he is allowed to download them based on payment by the Operator .
6.2. Any downloadable documents, files or media made available on this website are provided to users at their own risk. While all precautions have been undertaken to ensure only genuine downloads are available users are advised to verify their authenticity using third party anti virus software or similar applications. We accept no responsibility for third party downloads and downloads provided by external third party websites and advise users to verify their authenticity using third party anti virus software or similar applications.
6.3. The User acknowledges and agrees that the downloadable files can be used only and exclusively for the purpose of teaching the playing of a musical instrument and with purchase will receive a non-transferable license for their use. The User acknowledges that the recordings are made available under the OSA license and that handling must respect copyright law. The Operator disclaims any responsibility for unauthorized use of recordings by the User outside the scope of the license, which could be in violation of copyright law.
6.4. The Operator reserves the right to change and modify the content of the audio library, edit audio and pdf. files and extend or change the content of individual downloadable titles.
7.1. The Operator reserves the right to temporarily disable the Web Audio Library Service, as well as all services provided through the website www.music-as-movement.eu, for the purpose of repair, modernization, modification or maintenance of equipment or software, without prior notice to the User.
7.2. The operator is not responsible for damage and other harm that the User or a third party suffers in connection with the failure or interruption of the provided services and performance mentioned in the paragraph above.
7.3. The operator is not responsible for malfunctions or incorrect performance of services if they are caused by third parties (especially providers of telecommunications services and electricity). This also applies to damage caused by computer viruses and other circumstances of software origin.
7.4. The Operator is not responsible for the loss of the User's login name and password and for their use by a third party, as well as for any damages and other damages caused by such use.
8.1. The User acknowledges that the accessible Audio content of the web audio library is protected in accordance with Act No. 121/2000 Coll., on copyright, on rights related to copyright and on the amendment of certain laws (hereinafter referred to as "AZ").
8.2. The User undertakes to use the accessible Audio content of the web audio library and the available sheet music materials only for the purpose of learning to play a musical instrument, in accordance with point 1, paragraph 1.4 of these Terms and Conditions, and in particular undertakes not to make it available to third parties and not to use it in other ways violating legal regulations or copyrights of third parties. The User undertakes not to use any third-party technologies or own technologies for the purpose of downloading and/or recording and storing Audio Content made available by the Operator. In particular, the User undertakes not to further offer, distribute or otherwise commercially use the made available Audio content and sheet music materials and to publicly publish or reproduce them.
8.3. The User is obliged to ensure that no other unauthorized persons have access to the works in such a way that they could reproduce, distribute or use the works in any other way incompatible with the scope of the rights granted. Upon receiving information about such a situation, the Operator may immediately terminate the provision of its performance in relation to such a User.
8.4. The operator declares that all Audio content made available by him contains a security system against its unauthorized use. The User may not remove descriptions or markings regarding the ownership of the Audio Content and may not circumvent, modify, violate or remove the technical protection measures of the Audio Content.
8.5. The use of any security software securing the accessible Audio content of the web audio library is intended solely and exclusively to protect the rights of the Operator and is in no way intended to collect additional information about Users.
The Operator is the administrator of the Users' personal data in accordance with Article 4 point 7) of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC (general regulation on personal data protection) (hereinafter: "GDPR"). The operator processes the personal data of its users in accordance with legal regulations, in particular the GDPR.
10.1. Contractual relations between the User and the Operator are governed by the provisions of Act. No. 89/2012 Coll., Civil Code, as amended, and Act No. 634/1992 Coll., on consumer protection as amended. These conditions form the binding content of all contracts concluded between the User and the Operator, which will be implemented through this internet portal.
10.2. By sending his order, the user confirms that he has properly familiarized himself with all the Terms and Conditions well in advance of sending his order, that he has understood them and that he accepts them without reservation. Furthermore, by this submission, the User confirms that this submission proves his authorization, true intention and his interest in entering into an Audio Content Brokerage Agreement with the Operator.
10.3. The operator states that the out-of-court settlement of consumer disputes is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: http://www.coi.cz. To resolve disputes between the User and the Operator online, it is possible to use the platform located at the Internet address http://ec.europa.eu/consumers/odr.
10.4. The operator further states that the European Consumer Center Czech Republic, with registered office Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation of the European Parliament and Council (EU) No. 524 /2013 of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
These terms and conditions are effective from January 1, 2024
