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Terms of Use for Lavirithmos Streaming Service

General remarks

 The Lavirithmos website, which can be found at the address http://www.Lavirithmos.com (hereinafter the “Site”), is a publication created, developed and operated by Lavirithmos music services a Cyprus corporation registered under number 371061, with principal offices located Nikis 8 Pano Deftera nicosia Cyprus

The Site offers to any registered user a free of charge streaming service of sound recordings (hereinafter the “Recordings”), and other optional services described hereafter. Prior to the use of the Site, the user must register and create a personal account and accept without any reserve, at the time of registration, the hereby conditions of use (hereinafter the “Terms”). The use of the Site is only authorized for a personal and private use, therefore any other use, notably in public premises and businesses, is strictly forbidden.

Privacy Policy

1 Subject

This section reflects Lavirithmos's commitment with respect to the protection of your privacy and your personal data collected and processed during your use of the Site and the services of Lavirithmos in accordance with the conditions set out in the Conditions of Use.

Lavirithmos undertakes to comply with the applicable legislation regarding the protection of privacy concerning the processing of personal data.

2 Data collected

The Data collected and further processed are those that you voluntarily provide to us through the registration form on the Site (the “Registration Form”) or on the page “My Information” of your account and concerns at a minimum, your username, your age and a valid e-mail address.

When you use the Site and the services of Lavirithmos, some Data are collected automatically notably technical data (such as the IP address of your computer or mobile device) and information relating to your use of the pages of the Site, the advertisements displayed on the Site and features of the services of Lavirithmos , to the exclusion of any other.

3 Purpose of the data processing

The Data provided by you and identified as mandatory in the Registration Form, are required in order to benefit from the Site and services of Lavirithmos 's features (notably for accessing the Site and the services of Lavirithmos).

The Data provided by you (mandatory or not) or the ones automatically collected by the Site are processed in order to (i) personalize and improve your use of the Site and the services of Lavirithmos, (ii) ensure the provision of the services of Lavirithmos by its partners, as the case may be, (iii) analyse and create statistics regarding your use of the Site and the services of Lavirithmos.

The Data will also enable Lavirithmos to send newsletters to the e-mail address you have provided in the Registration Form (or as modified by you in yourhis/her account) or push notifications on your mobile devices. The Data are kept for security reasons, in order to comply with Lavirithmos ’s legal and regulatory obligations.

4 Data recipients

Your data will not be shared with third parties without your express consent.

However, you are hereby informed that they may be disclosed pursuant to a law, a regulation, or a decision by a regulatory or competent legal authority or, if deemed necessary, for the purpose of preserving the rights and interests of Lavirithmos

If you have agreed to it, you may receive offers from Lavirithmos’s partners to the e-mail address you have provided in the Registration Form (or as modified by you in your account).

For the management of your subscription, your Data may be shared with companies in charge of the management, processing and execution of the payment procedure.

Lavirithmos undertakes to share the Data only when you have expressly agreed to this sharing when using each Application. You recognize and agree that the privacy policy of our partners apply to the use made by them of the Data we shared with your consent or that the collect directly from you.

5 Transfer of your Data

You are informed, that as part of your use of the Applications, the Data that you agree to share with our Partners may be transferred in a country other than your country of residence and notably outside the European Union. You are hereby informed that the privacy policies of our partners, available in the Applications, apply to the processing by such partners of your Data.

6 Data security

Lavirithmos attaches great importance to the security of your Data and takes all appropriate steps to minimise the risks of loss, deterioration or incorrect use of this data.

7 Data storage

The data are stored with the Site host identified in the Legal Notice and will be stored for the duration of time strictly necessary to fulfil the aforementioned purposes.

After this time period, they will be stored for statistical purposes only and will not be used in any other way.

8 Your rights

You have the right to access and correct your personal data upon request by contacting us through the “Contact us” section or by sending a letter to the following address: Nikis 8 Pano Deftera 2460 Nicosia Cyprus

Article 9 – Disclaimer of Warranties

It is the User’s duty to protect his personal data and information or other equipments notably against any form of intrusion and/or virus contamination and for which Lavirithmos can never be held liable. Lavirithmos can never be held liable of any dysfunction or damage caused to the User’s equipment.

More broadly, Lavirithmos disclaims any liability if a breach of any obligation results from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning and more broadly any unstoppable and unforeseen event which prevent the good execution of the orders.

10 – Intellectual Property

The general structure of the Site, the Application and all elements composing it (such as but not limited to the logos, domain names, tracks and there associated elements such as the photos, images, texts and biography of the authors, artists and/or any legal beneficiary on the tracks or videos but also the visuals on the packaging) are the exclusive property of Lavirithmos and/or his licensors (notably the records and videos producers, the record companies, authors society).

These elements are protected by intellectual property laws and others, and notably the copyright. Any total or partial representation of the Site, of the Free Streaming Service and/or the elements composing it (as described above) by any means without the express consent of Lavirithmos is therefore forbidden and would be considered as counterfeiting which is punished by law.

Any hyperlink to the Site and using the “framing” technique (programming technique offering the possibility to divide browser windows into different independent frames in order to display the content of an external website) or the “in-line linking” technique (programming to make disappear into a webpage one element extracted from another site, which saves stock space on the hard drive where the Site is hosted and enables to hide from an uninformed user the initial content of which the element is part) is strictly prohibited. Any artificial use of a Lavirithmos account (such use for instance aiming at artificially or abnormally increase the plays of certain specific music tracks), via automated processes such as robots and scripts or via any other means, is strictly prohibited.

The tracks on the Lavirithmos Streaming Service are protected digital files by national and international copyright and neighboring rights. Therefore, and in conformity with the Intellectual Property Rights, only their listening within a private and family circle is allowed. Any use for a non private purpose will expose the Free User to civil and/or criminal proceedings. Any other use of the numerical files is strictly forbidden and more particularly any download or attempt to download, any transfer or attempt to transfer permanently or temporarily on the hard drive of a computer or any other device (notably music players), any burn or attempt to burn a CD or any other support are expressly forbidden. Any resale, exchange or renting of these files are strictly prohibited.

The Free User recognizes that the recordings provided to him on the Site are protected by technical protection measures set up by Lavirithmos in order to prevent or limit, depending on the technology offered, the unauthorized use of the Recordings under the Terms.

The User agrees not to bypass, by any means, these technical protection measures, for the purpose of downloading these files and enable their conservation within the storage unit of his reception terminal whatever it is (Computer, mobile phone, music player and other portable music disc player.

Article 1 – General remarks

The Lavirithmos website, which can be found at the address http://www.lavirithmos.com (hereinafter the “Site”) , is a publication created, developed and operated by Lavirithmos music services a Cyprus corporation registered under number 371061 Nikis 8 pano deftera 2460 Nicosia.

The Site offers an unlimited service of on-demand music through a paid subscription.

The hereby conditions of use and sale (hereinafter the “Terms”) exclusively govern the subscribers Service provided by Lavirithmos.

The purpose of the hereby Terms is to define the contractual and commercial relationship between Lavirithmos, and any subscriber.

The use of the Site is only authorized for a personal and private use, therefore any other use, notably in public premises and businesses, is strictly forbidden.

The main characteristics of this Service are the following:

- Unlimited access, to listen to the tracks part of the subscribers Service music catalog and the Site playlists;

- No advertisement;

- A high sound quality.

The subscribers Service is accessible to the Subscriber until the end of his subscription as indicated on the subscription page of the Site at the time of such subscription.

Lavirithmos may offer the subscribers Service for limited time periods at a retail price as defined from time to time by Lavirithmos in the subscription page on the Site (hereinafter the “Special Offers”). Lavirithmos reserves the right, in its discretion, to determine users’ eligibility for the Special Offers and to withdraw or to modify a Special Offer with no liability.

Once the subscription is expired or terminated, the unlimited access and listening are not authorized anymore.

The tracks can be listened to during the entire time of the subscription, but cannot be downloaded, transferred or burned on any support whatsoever.

Article 3 – Use of the subscribers Service

The use of the subscribers Service requires a high-speed internet connection. These connections are not provided by Lavirithmos, therefore the Subscriber must first subscribe to a high speed internet service offer in order to use the subscribers Service.

The music catalogue available, as part of the Service, is linked to the contracts in effect with the right holders and may therefore change. Lavirithmos can never be held liable for the removal of parts of the catalog’s content offered.

As a subscriber, you can activate the subscriber Service on a personal computer (PC or MAC). The subscribers Service is only accessible from one connection at a time. Lavirithmos has the technical means to verify the absence of multiple simultaneous connections on the same account and therefore detect multiple connections attempt.

Article 4 – Availability and modification of the subscribers Service

The subscribers Service can be accessed to 24 hours a day and 7 days a week, within the limit of the Terms and the terms hereunder.

However Lavirithmos has the right to bring any modification and amelioration to the subscriber Service as it deems necessary for technical evolutions.

In addition, Lavirithmos has the right, without prior notice or compensation, to temporarily remove access to the subscribers Service, if necessary, in order to ensure its maintenance due to technology evolution or its continuity. The Subscriber recognizes that Lavirithmos cannot be held liable and waives any right to compensation and/or action against Lavirithmos in that respect. The temporary interruptions of the subscribers Service will be, when possible, notified on the Site at least 24 (twenty four) hours before they occur, unless they are urgent. Lavirithmos also has the right, without compensation, to definitely shutdown the subscribers Service. Any final shutdown of the subscribers Service will be notified via the Site at least 1 (one) month before it occurs, the Subscriber will not be accountable for any payment from the date of the subscribers Service shutdown.

Article 5 – Absence of the right to revocation – duration – renewal – termination

5.1 No right of revocation

The Subscriber expressly recognizes and agrees that the supplying of the subscribers Service starts at the time of validation of the subscription and acknowledges that he consequently loses his right to withdraw from the subscription. Accordingly, no request of revocation, cancellation or refund will be accepted after such validation.

Duration

Lavirithmos offers a monthly subscription (or any other duration depending on the offers made on the Site). Some trial or discovery periods of the subscribers Service of different duration may be offered on the Site, the subscribers mporarily or not. Unless otherwise indicated, these trial and discovery periods will be submitted to the hereby Terms and will be limited to one subscription (same IP address (Internet Protocol) and/or same email address) no matter the trial or discovery offer concerned.

Terms of Access to the Service

The Subscriber declares being capable to accept the hereby Terms, which means that he has the legal required age and he is not under a legal protection measure (such as legal guardianship) or if the Subscriber is under the legal majority, has a parental authorization giving him permission to subscribe.

Creation of an account

In order to subscribe to a subscribers Service, every user must:

- Create an account on the Site or, if the user is already registered, log on the Site;

- Provide the information requested on the subscription form;

- Give his consent to the Terms;

- Pay the price for his subscription through one of the payment systems offered;

- Confirm his registration.

The Subscriber agrees to provide true, accurate and sincere information on him.

Once his registration has been validated, Lavirithmos will send to the Subscriber a confirmation email at the email address given at the time of registration.

Subject to the other conditions of the Terms, the subscription to the Service will only become effective when Lavirithmos sends the confirmation email mentioned above. Lavirithmos recommends to the Subscriber to save and/or print this email.

The Subscriber can modify the password given on his account at any time by clicking on the section “My information”.

The Subscriber agrees to provide true, accurate and sincere information on him.

The Subscriber agrees to inform Lavirithmos, without delay, of any modification to the information provided at the time of the Service subscription and notably any modification of his email address or bank details. The Subscriber can modify these information at any time on his account on the Site by clicking on the section “My information”.

The Subscriber must immediately inform Lavirithmos of any loss or unauthorized use of his account, his identification details and his password. The passwords and identification details are personal and the Subscriber agrees not to communicate them. As a result, the Subscriber is solely responsible for their use.

The Subscriber is solely liable for the consequences due to the use of his account, and thus until its deactivation, and as a result, the Subscriber recognizes that Lavirithmos and all its partners, co-contracting party or right holders cannot be held liable on this matter, unless the Subscriber can prove that the use of his identification details and/or account results from a fraud by a third party.

Price

The subscription price is indicated on the Site and includes all taxes.

Lavirithmos has the right to modify the price of every subscription offers. Lavirithmos will inform each subscriber through an email to the address provided by the Subscriber at the time of registration to the Service (or later on modify on his account) of any price increase at least 15 (fifteen) days before it becomes effective. In such case, the Subscriber, not willing to accept this increase, can terminate his subscription through his account on the Site; this termination will be effective at the following monthly subscription due date. If the Subscription is not terminated, the new price will be applicable to the Subscriber.

It is reminded that the connection and communication (internet) costs relating to the use of the subscribers Service are not supported by Lavirithmos music services and must be supported only by the Subscriber.

Payment of the price

Different payment methods are offered on the Site (credit cards, prepaid cards, PayPal and/or other payment methods).

It is underlined that when a subscriber communicates to Lavirithmos his bank details, they are not kept by Lavirithmos music services.

In order to optimize the security of the transactions, Lavirithmos has chosen the payment systems of different companies with which it has entered into agreements. The guarantees provided by Lavirithmos in term of transactions security are identical to the ones obtained by Lavirithmos from these editors of the payment systems.

Failing to provide conflicting elements by the Subscriber, the computerized records, kept within the Lavirithmos computer systems and his partners on reasonable security conditions, will be considered as proof of communications, orders, validations and payments which occurred between the Subscriber and Lavirithmos. These information will be enforceable between the Subscriber and Lavirithmos unless the Subscriber can provide conflicting written proof.

Disclaimer of Warranties

The Subscriber declares being informed of the confines and limitations of the internet network.

As a result, Lavirithmos disclaims any liability for the dysfunction of the Subscriber Service access, the opening and consultation velocity of the Site pages, the listening velocity of the tracks, the temporary or final inaccessibility to the Service, and the fraudulent use by third parties of the information provided on the Site.

Therefore, it is the Subscriber’s duty to protect his personal data and information or other equipments notably against any form of intrusion and/or virus contamination and for which Lavirithmos can never be held liable. Lavirithmos can never be held liable of any dysfunction or damage caused to the Subscriber’s equipment.

More broadly, Lavirithmos disclaims any liability if a breach of any obligation results from acts of god, nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning and more broadly any unstoppable and unforeseen event which prevent the good execution of the orders.

Lavirithmos music services disclaims any liability in case the subscribers Service would turn out to be incompatible with certain equipments and/or functionalities of the Subscriber‘s equipment.

Finally, the Subscriber is solely liable of his use of the Service and cannot held Lavirithmos liable for any claim and/or proceedings against him. The Subscriber shall take in charge every claim, complaint or objection and more broadly any proceedings filed against Lavirithmos by a third party in relation to his use of the Service.

Privacy Policy

Subject

This section reflects Lavirithmos `s commitment with respect to the protection of your privacy and your personal data collected and processed during your use of the Site and the services of Lavirithmos in accordance with the conditions set out in the Conditions of Use (the “Data”).

Lavirithmos music services undertakes to comply with the applicable legislation regarding the protection of privacy concerning the processing of personal data.

The Data collected and further processed are those that you voluntarily provide to us through the registration form on the Site (the “Registration Form”) or on the page “My Information” of your account and concerns at a minimum, your username, you age, your gender and a valid e-mail address.

When you use the Site and the services of Lavirithmos, some Data are collected automatically notably technical data (such as the IP address of your computer or mobile device) and information relating to your use of the pages of the Site, the advertisements displayed on the Site and features of the services of Lavirithmos, to the exclusion of any other.

Purpose of the data processing

The Data provided by you and identified as mandatory in the Registration Form, are required in order to benefit from the Site and services of Lavirithmos's features (notably for accessing the Site and the services of Lavirithmos).

The Data provided by you (mandatory or not) or the ones automatically collected by the Site are processed in order to (i) personalize and improve your use of the Site and the services of Lavirithmos, (ii) ensure the provision of the services of Lavirithmos, by its partners, as the case may be, (iii) personalize advertisements that are offered by Lavirithmos, or its partners on the Site or on its partners’ websites, (iv) analyse and create statistics regarding your use of the Site, the services of Lavirithmos, and of the advertisements displayed on the Site and (v) only in the event that you have expressly agreed to link your Lavirithmos, account with your user account of a social network when you registered on the Site or by setting your Lavirithmos, account for such purposes in the section “Alerts & Sharing” , share content from the Site on these social networks or publicize your use of the Site or your opinion on the Site’s content on the websites of these social networks.

If you have consented to it, the Data collected can also be used for the management of commercial relationships in order to enable Lavirithmos, to personalize and improve its services and the information sent to you.

The Data will also enable Lavirithmos, to send newsletters to the e-mail address you have provided in the Registration Form (or as modified by you in your account) or push notifications on your mobile devices. If you do not wish to receive newsletters or push notifications, you can unsubscribe at any time through the link provided at the bottom of each newsletter or by modifying your Data in the section “Alerts & Sharing” of your Account (to access this section, please click here).

The Data are also kept for security reasons, in order to comply with Lavirithmos, legal and regulatory obligations.

Data recipients

Your data will not be shared with third parties without your express consent.

However, you are hereby informed that they may be disclosed pursuant to a law, a regulation, or a decision by a regulatory or competent legal authority or, if deemed necessary, for the purpose of preserving the rights and interests of Lavirithmos,

If you have agreed to it, you may receive offers from Lavirithmos,’s partners to the e-mail address you have provided in the Registration Form (or as modified by you in your account).

For the management of your subscription, your Data may be shared with companies in charge of the management, processing and execution of the payment procedure.

Data security

Lavirithmos attaches great importance to the security of your Data and takes all appropriate steps to minimise the risks of loss, deterioration or incorrect use of this data.

Your rights

You have the right to access and correct your personal data upon request by contacting us through the “Contact us” section or by sending a letter to the following address: Nikis 8 pano deftera 2460 nicosia cyprus

Data Collection Systems

Lavirithmos and its partners may implement Data Collection Systems on the Subscriber’s computer.

The Subscriber shall obtain all information regarding (i) the use of such Data Collection Systems by Lavirithmos and its partners and (ii) the procedure applicable to prevent the implementation of such Data Collection Systems, in the Privacy Policy available here.

Intellectual Property

The general structure of the Site, the Application, the subscribers Service and all elements composing it (such as but not limited to the logos, domain names, tracks or videos, and there associated elements such as the photos, images, texts and biography of the authors, artists and/or any legal beneficiary on the tracks or videos but also the visuals on the packaging) are the exclusive property of Lavirithmos and/or his licensors (notably the records and videos producers, the record companies, authors society).

These elements are protected by intellectual property laws and others, and notably the copyright. You can only use these elements for the purpose of using the Service, in conformity with the Terms.

Any total or partial representation of the Site, of the Service and/or the elements composing it (as described above) by any means without the express consent of Lavirithmos music services is therefore forbidden and would be considered as counterfeiting which is punished by law.

Any hyperlink to the Site and using the “framing” technique (programming technique offering the possibility to divide browser windows into different independent frames in order to display the content of an external website) or the “in-line linking” technique (programming to make disappear into a webpage one element extracted from another site, which saves stock space on the hard drive where the Site is hosted and enables to hide from an uninformed user the initial content of which the element is part) is strictly prohibited. Any artificial use of a Lavirithmos account (such use for instance aiming at artificially or abnormally increase the plays of certain specific music tracks), via automated processes such as robots and scripts or via any other means, is strictly prohibited.

The tracks on the Service are protected numerical files by national and international copyright and neighboring rights. Therefore, and in conformity with the Intellectual Property Rights, only their listening within a private and family circle is allowed. Any use for a non private purpose will expose the Subscriber to civil and/or criminal proceedings. Any other use of the numerical files is strictly forbidden and more particularly any download or attempt to download, any transfer or attempt to transfer permanently or temporarily on the hard drive of a computer or any other device (notably music players), any burn or attempt to burn a CD or any other support are expressly forbidden. Any resale, exchange or renting of these files are strictly prohibited.

The Subscriber recognizes that the recordings provided to him on the Site are protected by technical protection measures set up by Lavirithmos in order to prevent or limit, depending on the technology offered, the unauthorized use of the Recordings under the Terms.

The Subscriber agrees not to bypass, by any means, these technical protection measures, for the purpose of downloading these files and enable their conservation within the storage unit of his reception terminal whatever it is (Computer, mobile phone, music player and other portable music disc player.

Suspension and/or termination initiated by Lavirithmos or the Subscriber

Without prejudice of any damages that Lavirithmos may ask, Lavirithmos has the right to suspend access to the Service to a Subscriber and/or terminate by rights, without notice or compensation, its subscription to the Service in case:

- The Subscriber does not respect the Terms and notably:

Does not respect the Intellectual Property rights of Lavirithmos or its licensors;

Bypasses or attempts to bypass the technical measures of protection set up by Lavirithmos;

Uses multiple simultaneous connections to the same account or attempts to do so;

Provides false information at the time of his subscription to the Service.

- Total or partial default of payment by the Subscriber of the price of his Subscription.

- Activities prejudicial to Lavirithmos`s commercial interests.

As far as the Subscriber is concerned, he will be able to terminate, without notice nor compensation to the benefit of Lavirithmos, his contract or subscription if Lavirithmos breaches his substantial obligations defined in the Terms or with a legitimate reason such as, notably, his computer being stolen, technical inconsistency of the Service with the Subscriber’s equipments.

Modifications of the Terms

Lavirithmos has the right to modify in its sole discretion the Terms. Lavirithmos will inform the Subscriber, through an email at the address given on the Subscriber’s account, of any modification of the Terms at least 2 (two) months prior to their effectiveness. In case the Subscriber would not accept these modifications, he will be free to terminate his subscription from his account on the Site as mentioned above, this termination becoming effective at the next monthly subscription due date. In case the Subscriber does not terminate the subscription, the new Terms will therefore apply from the following subscription due date after the Terms became effective.

Customer service department

For any information or question regarding the Service, you can contact Lavirithmos through the Site by clicking on the section “Contact us” or by addressing a mail to the following address:

Lavirithmos

Nikis 8 Pano Deftera Nicosia

Cyprus

Nullity of a term

In case one of the clauses of the Terms would be declared void or voidable for any reason, the other clauses will still apply without any modification.

Jurisdiction – Claims and litigation

The Terms are governed by the law applicable to the defendant.

Any claim relating to the application of these Terms of Use must be emailed to our Customer Care Service via the Site by clicking on the link http://www.lavirithmos.com/support, or mailed to the address Lavirithmos – Customer Care Service – Nikis 8 Pano Deftera Nicosia Cyprus, in order to be promptly processed.

In the event the claim would not be solved through our Customer Care Service or would remain without response within more than two (2) months after its reception by our Customer Care Service, the customer may choose to submit the dispute to an out-of-court settlement procedure through the European platform for alternative and online dispute resolution.

In case of litigation, the parties will try to reach an agreement before any judicial proceeding. If no agreement can be reached, any claim regarding the validity, the interpretation and/or the execution of the Terms will have to be brought before the court where the defendant lives and thus even if there are multiple defenders or in case of guarantee enforcement.

Terms of Use and Sale of Lavirithmos

Article 1 – General remarks

The Lavirithmos website, which can be found at the address http://www.lavirithmos.com (hereinafter the “Site”), is a publication created, developed and operated by Lavirithmos music services Ltd (hereinafter “Lavirithmos”) a Cyprus corporation registered under number 371061, with principal offices located 8 Nikis ,Pano Deftera ,Nicosia

The Site offers to its members the possibility to discover and access tracks through different types of services and functionalities.

The Site also offers an unlimited service of on-demand music with a temporary download functionality through a paid subscription

The hereby conditions of use and sale (hereinafter the “Terms”) exclusively govern the subscribers Service provided by Lavirithmos. These conditions apply against any other terms, notably the ones in effect for other services – free or paid – offered on the Site.

The purpose of the hereby Terms is to define the contractual and commercial relationship between Lavirithmos, on one hand, and any subscriber to the Lavirithmos Service (hereinafter the “Subscriber”), on the other hand.

The use of the Site is only authorized for a personal and private use, therefore any other use, notably in public premises and businesses, is strictly forbidden.

The subscription and access to the Lavirithmos Service strictly depend on the prior consent without any restriction and reserve to all the Terms.

Article 2 – Subscribers Service Presentation

The Subscribers Service is a service offered and operated by Lavirithmos enabling, by consenting to the hereby Terms, from a personal computer or mobile phone to listen to unlimited music in high quality audio and without any advertisement.

From the Site or the Application, and once he has subscribed, the Subscriber has access to all music list at Lavirithmos

The main characteristics of the Subscriber Service are the following:

- Unlimited access to all playlist and songs

- No advertisement;

- A high sound quality.

The Service is accessible by the Subscriber until the end of his subscription as indicated on the subscription page of the Site at the time of such subscription.

Lavirithmos may offer the Service for limited time periods at a retail price as defined from time to time by Lavirithmos in the subscription page on the Site (hereinafter the “Special Offers”). Lavirithmos reserves the right, in its discretion, to determine users’ eligibility for the Special Offers and to withdraw or to modify a Special Offer with no liability.

Once the subscription is expired or terminated, the unlimited access and listening are not authorized anymore.

The Service is accessible from a personal computer (PC or Mac) by connecting to the Site or from a portable device through the application Lavirithmos Subscribers (hereinafter the “Application”).

Article 3 – Use of the Service

The use of the Lavirithmos Service requires a high-speed internet connection and an Internet service for portable devices. These connections are not provided by Lavirithmos, therefore the Subscriber must first subscribe to a high speed internet and/or an internet for mobile offer in order to use the Service.

A connection to internet for mobile through a third generation (3G) mobile technology norm is highly recommended.

The music catalogue available, as part of the Lavirithmos Service, is linked to the contracts in effect with the right holders and may therefore change. Lavirithmos cannot guarantee the availability of any determined track or album or any artist or group in the Service catalogue. Moreover, Lavirithmos cannot guarantee that any determined track, album, artist or group on the Service catalog will be indefinitely available. Lavirithmos can never be held liable for the removal of parts of the catalogue content offered.

As a subscriber, you can use the Site from one connection at a time (personal computer or compatible portable device). Lavirithmos has the technical means to verify the absence of multiple simultaneous connections on the same account and therefore detect multiple connections attempt.

Article 4 – Availability and modification of Lavirithmos Service

The Subscribers can be accessed to 24 hours a day and seven days a week, within the limit of the Terms hereunder.

However, Lavirithmos has the right to bring any modification and amelioration to the Subscribers Service as it deems necessary for technical evolution.

In addition, Lavirithmos has the right, without prior notice or compensation, to temporarily remove access to the Service if necessary in order to ensure the maintenance due to technological evolution or continuity of the subscribers Service. The Subscriber recognizes that Lavirithmos cannot be held liable and waives any right to compensation and/or action against Lavirithmos in that respect. The temporary Service interruptions will be, when possible, notified on the Site at least 24 (twenty four) hours before they occur, unless they are urgent. Lavirithmos also has the right, without compensation, to definitely shut the Service. Any final shutdown of the subscribers Service will be notified via the Site at least 1 (one) month before it occurs or via the Application, the Subscriber will not be accountable for any payment from the date of the Service shutdown.

Article 5 – Absence of the right to revocation – duration – renewal – termination

5.1 No right of revocation

The Subscriber expressly recognizes and agrees that the supply of the Service starts at the time of validation of the subscription and acknowledges that he consequently loses his right to withdraw from the subscription. Accordingly, no request for revocation, cancellation or refund will be accepted after such validation.

5.2 Duration

Lavirithmos offers 3 (three) days free subscription (or any other duration depending on the offers made on the Site or the Application). Some trial or discovery periods of the Service of different duration may be offered on the Site or the Application, temporarily or not. Unless otherwise indicated, these trial and discovery periods will be submitted to the hereby Terms no matter the trial or discovery offer.

Article 6 – Terms of access to Lavirithmos Service

The Subscriber declares being capable to accept the hereby Terms, which means that he has the legal required age and he is not under a legal protection measure (such as legal guardianship) or if the Subscriber is under the legal age, has a parental authorization giving him permission to subscribe.

The Subscriber declares living in the effective country and owning a credit card issued by a bank established in this country.

Article 7 – Creation of an account

In order to subscribe to a Lavirithmos Service, every user must:

- Create an account on the Site or download and create an account on the Application or, if the user is already registered, log on the Site or on the Application;

- Provide the information requested on the subscription form;

- Give his consent to the Terms;

- Pay the price for his subscription through one of the payment systems offered;

- Confirm his registration.

The Subscriber agrees to provide true, accurate and sincere information on him.

Once his registration has been validated, Lavirithmos will send to the Subscriber a confirmation email at the email address given at the time of registration.

Subject to the other conditions of the Terms, the subscription to the Service will only become effective when Lavirithmos sends the confirmation email mentioned above. Lavirithmos recommends to the Subscriber to save and/or print this email.

The Subscriber can modify the password given on his account at any time by clicking on the section “My information”.

The Subscriber agrees to inform Lavirithmos, without delay, of any modification to the information provided at the time of the Service subscription and notably any modification of his email address or bank details. The Subscriber can modify these information at any time on his account on the Site by clicking on the section “My information”.

The Subscriber must immediately inform Lavirithmos of any loss or unauthorized use of his account, his identification details and his password. The passwords and identification details are personal and the Subscriber agrees not to communicate them. As a result, the Subscriber is solely responsible for their use.

The Subscriber is solely liable for the consequences due to the use of his account, and thus until its deactivation, and as a result, the Subscriber recognizes that Lavirithmos and all its partners, co-contracting party or right holders cannot be held liable on this matter, unless the Subscriber can prove that the use of his identification details and/or account results from a fraud by a third party.

Article 8 – Price

The subscription price is indicated on the Site or on the Application and includes all taxes.

Lavirithmos has the right to modify the price of every subscription offers. Lavirithmos will inform each subscriber through an email to the address provided by the Subscriber at the time of registration to the Service of any price increase at least 15 (fifteen) days before it becomes effective. In such case, the Subscriber, not willing to accept this increase, can terminate his subscription the termination section of the Site; as mentioned at article 5 above, this termination will be effective at the following monthly subscription due date.

It is reminded that the connection and communication (internet) costs relating to the use of the Lavirithmos Service are not supported by Lavirithmos and must be supported only by the Subscriber.

Article 9 – Payment of the price

It is underlined that when a Subscriber communicates to Lavirithmos his bank details, they are not kept by Lavirithmos.

Failing to provide conflicting elements brought by the Subscriber, the computerized records, kept within the Lavirithmos computer systems and his partners on reasonable security conditions, will be considered as proof of communications, orders, validations and payments which occurred between the Subscriber and Lavirithmos. These information will be enforceable between the Subscriber and Lavirithmos unless the Subscriber can provide conflicting written proof.

Article 10 – Territory

The subscription to the Service is reserved to physical person, living in the effective country and owning a credit card produced by a bank established in his country.

Article 11 –Disclaimer of Warranties

Lavirithmos disclaims any liability if a breach of any obligation results from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning and more broadly any unstoppable and unforeseen event which prevent the good execution of the orders.

Lavirithmos disclaims liability in case the Service would turn out to be incompatible with certain equipments and/or functionalities of the equipment of the Subscriber.

Finally, the Subscriber is solely liable of his use of the Service and cannot held Lavirithmos liable for any claim and/or procedure made against him. The Subscriber shall take in charge every claim, complaint or objection and more broadly any proceedings filed against Lavirithmos by a third party in relation to his use of the Service.

Article 12 – Privacy Policy

12.1 Subject

This section reflects Lavirithmos`s commitment with respect to the protection of your privacy and your personal data collected and processed during your use the services of Lavirithmos.

12.2 Data collected

When you use the services of Lavirithmos, some Data are collected automatically notably technical data (such as the IP address of your computer or mobile device).

12.3 The Data

The Data are kept for security reasons, in order to comply with Lavirithmos’s legal and regulatory obligations.

12.4 Data recipients

Your data will not be shared with third parties without your express consent.

However, you are hereby informed that they may be disclosed pursuant to a law, a regulation, or a decision by a regulatory or competent legal authority or, if deemed necessary, for the purpose of preserving the rights and interests of Lavirithmos.

For the management of your subscription, your Data may be shared with companies in charge of the management, processing and execution of the payment procedure.

Article 13 Data security

Lavirithmos attaches great importance to the security of your Data and takes all appropriate steps to minimise the risks of loss, deterioration or incorrect use of this data.

Article 14 Data storage

The data are stored with the Site host identified in the Legal Notice and will be stored for the duration of time strictly necessary to fulfil the aforementioned purposes.

After this time period, they will be stored for statistical purposes only and will not be used in any other way.

Article 15 – Intellectual Property

Any artificial use of a Lavirithmos account (such use for instance aiming at artificially or abnormally increase the plays of certain specific music tracks), via automated processes such as robots and scripts or via any other means, is strictly prohibited.

The tracks on the Service are protected numerical files by national and international copyright and neighboring rights. Therefore, and in conformity with the Intellectual Property Rights, only their listening within a private and family circle is allowed. Any use for a non private purpose will expose the Subscriber to civil and/or criminal proceedings. Any other use of the numerical files is strictly forbidden and more particularly any download or attempt to download, any transfer or attempt to transfer permanently or temporarily on the hard drive of a computer or any other device (notably music players), any burn or attempt to burn a CD or any other support are expressly forbidden. Any resale, exchange or renting of these files are strictly prohibited.

The Subscriber recognizes that the recordings provided to him on the Site are protected by technical protection measures set up by Lavirithmos in order to prevent or limit, depending on the technology offered, the unauthorized use of the Recordings under the Terms.

The Subscriber agrees not to bypass, by any means, these technical protection measures, for the purpose of downloading these files and enable their conservation within the storage unit of his reception terminal whatever it is (Computer, mobile phone, music player and other portable music disc player.

Article 16 – Suspension and/or termination initiated by Lavirithmos or the Subscriber

Without prejudice of any damages that Lavirithmos may ask, Lavirithmos has the right to suspend access to the Service to a Subscriber and/or terminate by rights, without notice or compensation, its subscription to the Service in case:

- The Subscriber does not respect the Terms and notably:

o Does not respect the Intellectual Property rights of Lavirithmos or its licensors;

o Bypasses or attempts to bypass the technical measures of protection set up by Lavirithmos;

o Uses multiple simultaneous connections to the same account or attempts to do so;

o Provides false information at the time of his subscription to the Service.

- Total or partial default of payment by the Subscriber of the price of his Subscription.

- Activities prejudicial to Lavirithmos’s commercial interests.

As far as the Subscriber is concerned, he will be able to terminate, without notice nor compensation to the benefit of Lavirithmos, his contract or subscription if Lavirithmos breaches his substantial obligations defined in the Terms or with a legitimate reason such as, notably, his computer being stolen, technical inconsistency of the Service with the Subscriber’s equipments.

Article 17 – Modifications of the Terms

Lavirithmos has the right to modify in its sole discretion the Terms. Lavirithmos will inform the Subscriber, through an email at the address given on the Subscriber’s account, of any modification of the Terms at least 2 (two) months prior to their effectiveness. In case the Subscriber would not accept these modifications, he will be free to terminate his subscription from his account on the Site as mentioned above, this termination becoming effective at the next monthly subscription due date. In case the Subscriber does not terminate the subscription, the new Terms will therefore apply from the following subscription due date after the Terms became effective.

Article 18 – Customer service department

For any information or question regarding the Service, you can contact Lavirithmos through the Site by clicking on the section “Contact us” or by addressing a mail to the following address:

Lavirithmos Music Services

Nikis 8 Pano Deftera 2460 Nicosia

Cyprus

Article 19 – Nullity of a term

In case one of the clauses of the Terms would be declared void or voidable for any reason, the other clauses will still apply without any modification.

Article 20 – Jurisdiction – Claims and litigation

The Terms are governed by the law applicable to the defendant.

Any claim relating to the application of these Terms of Use must be emailed to our Customer Care Service via the Site by clicking on the link http://www.lavirithmos.com/support, or mailed to the address Lavirithmos – Customer Care Service – Nikis 8 Pano Deftera 2460 Cyprus, in order to be promptly processed.

In the event the claim would not be solved through our Customer Care Service or would remain without response within more than two (2) months after its reception by our Customer Care Service, the customer may choose to submit the dispute to an out-of-court settlement procedure through the European platform for alternative and online dispute resolution.

In case of litigation, the parties will try to reach an agreement before any judicial proceeding. If no agreement can be reached, any claim regarding the validity, the interpretation and/or the execution of the Terms will have to be brought before the court where the defendant lives and thus even if there are multiple defenders or in case of guarantee enforcement.

Article 2 –Payment of the price

Different payment methods are offered on the Site (credit card, prepaid card, PayPal and/or other payment methods).

It is underlined that when a Subscriber communicates to Lavirithmos his bank details, they are not kept by Lavirithmos.

Depending on the duration of the subscription chosen by the Subscriber, the Subscription price has to be paid monthly or annually. The payment will be made, at the beginning of each month or year, at the time of subscription and then each month or year, by debit until the termination of his subscription, whether the termination initiates from the Subscriber or Lavirithmos.

In order to optimize the security of the transactions, Lavirithmos has chosen the payment systems of different companies with which it has entered into agreements. The guarantees provided by Lavirithmos in term of transactions security are identical to the ones obtained by Lavirithmos from these editors of the payment systems.

Failing to provide conflicting elements brought by the Subscriber, the computerized records, kept within the Lavirithmos computer systems and his partners on reasonable security conditions, will be considered as proof of communications, orders, validations and payments which occurred between the Subscriber and Lavirithmos. These information will be enforceable between the Subscriber and Lavirithmos unless the Subscriber can provide conflicting written proof.

Article 3 – Territory

The subscription to the Service is reserved to physical person, living in the effective country and owning a credit card produced by a bank established in his country.

Article 4 –

Lavirithmos disclaims any liability if a breach of any obligation results from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning and more broadly any unstoppable and unforeseen event which prevent the good execution of the orders.

Lavirithmos disclaims liability in case the Service would turn out to be incompatible with certain equipments and/or functionalities of the equipment of the Subscriber.

Finally, the Subscriber is solely liable of his use of the Service and cannot held Lavirithmos liable for any claim and/or procedure made against him. The Subscriber shall take in charge every claim, complaint or objection and more broadly any proceedings filed against Lavirithmos by a third party in relation to his use of the Service.

Article 5 – Privacy Policy

Data security

Lavirithmos attaches great importance to the security of your Data and takes all appropriate steps to minimise the risks of loss, deterioration or incorrect use of this data.

Article 6 – Intellectual Property.

Any total or partial representation of the Site, of the Service and/or the elements composing it by any means without the express consent of Lavirithmos is therefore forbidden and would be considered as counterfeiting which is punished by law.

Any hyperlink to the Site and using the “framing” technique (programming technique offering the possibility to divide browser windows into different independent frames in order to display the content of an external website) or the “in-line linking” technique (programming to make disappear into a webpage one element extracted from another site, which saves stock space on the hard drive where the Site is hosted and enables to hide from an uninformed user the initial content of which the element is part) is strictly prohibited. Any artificial use of a Lavirithmos account (such use for instance aiming at artificially or abnormally increase the plays of certain specific music tracks), via automated processes such as robots and scripts or via any other means, is strictly prohibited.

The tracks on the Service are protected numerical files by national and international copyright and neighboring rights. Therefore, and in conformity with the Intellectual Property Rights, only their listening within a private and family circle is allowed. Any use for a non private purpose will expose the Subscriber to civil and/or criminal proceedings. Any other use of the numerical files is strictly forbidden and more particularly any download or attempt to download, any transfer or attempt to transfer permanently or temporarily on the hard drive of a computer or any other device (notably music players), any burn or attempt to burn a CD or any other support are expressly forbidden. Any resale, exchange or renting of these files are strictly prohibited.

The Subscriber recognizes that the recordings provided to him on the Site are protected by technical protection measures set up by Lavirithmos in order to prevent or limit, depending on the technology offered, the unauthorized use of the Recordings under the Terms.

The Subscriber agrees not to bypass, by any means, these technical protection measures, for the purpose of downloading these files and enable their conservation within the storage unit of his reception terminal whatever it is (Computer, mobile phone, music player and other portable music disc player).

Article 7 – Suspension and/or termination initiated by Lavirithmos or the Subscriber

Without prejudice of any damages that Lavirithmos may ask, Lavirithmos has the right to suspend access to the Service to a Subscriber and/or terminate by rights, without notice or compensation, its subscription to the Service in case:

- The Subscriber does not respect the Terms and notably:

o Does not respect the Intellectual Property rights of Lavirithmos or its licensors;

o Bypasses or attempts to bypass the technical measures of protection set up by Lavirithmos;

o Uses multiple simultaneous connections to the same account or attempts to do so;

o Provides false information at the time of his subscription to the Service.

- Activities prejudicial to Lavirithmos’s commercial interests.

As far as the Subscriber is concerned, he will be able to terminate, without notice nor compensation to the benefit of Lavirithmos, his contract or subscription if Lavirithmos breaches his substantial obligations defined in the Terms or with a legitimate reason such as, notably, his computer being stolen, technical inconsistency of the Service with the Subscriber’s equipments.

Article 8 – Modifications of the Terms

Lavirithmos has the right to modify in its sole discretion the Terms. Lavirithmos will inform the Subscriber, through an email at the address given on the Subscriber’s account, of any modification of the Terms at least 2 (two) months prior to their effectiveness. In case the Subscriber would not accept these modifications, he will be free to terminate his subscription from his account on the Site as mentioned above, this termination becoming effective at the next monthly subscription due date. In case the Subscriber does not terminate the subscription, the new Terms will therefore apply from the following subscription due date after the Terms became effective.

Article 9 – Customer service department

For any information or question regarding the Service, you can contact Lavirithmos through the Site by clicking on the section “Contact us” or by addressing a mail to the following address:

Lavirithmos Music Services

Nikis 8 Pano Deftera 2460 Nicosia

CYPRUS

Article 10 – Nullity of a term

In case one of the clauses of the Terms would be declared void or voidable for any reason, the other clauses will still apply without any modification.

Article 11 – Jurisdiction – Claims and litigation

The Terms are governed by the law applicable to the defendant.

Any claim relating to the application of these Terms of Use must be emailed to our Customer Care Service via the Site by clicking on the link http://www.lavirithmos.com/support, or mailed to the address Lavirithmos – Customer Care Service – Nikis 8 Pano Deftera ,Nicosia, in order to be promptly processed.

In the event the claim would not be solved through our Customer Care Service or would remain without response within more than two (2) months after its reception by our Customer Care Service, the customer may choose to submit the dispute to an out-of-court settlement procedure through the European platform for alternative and online dispute resolution.

In case of litigation, the parties will try to reach an agreement before any judicial proceeding. If no agreement can be reached, any claim regarding the validity, the interpretation and/or the execution of the Terms will have to be brought before the court where the defendant lives and thus even if there are multiple defenders or in case of guarantee enforcement.

Terms of use of Lavirithmos for Developers

The web site http://www.lavirithmos.com (hereinafter the “Site”) is an musical website, edited by Lavirithmos.

Lavirithmos Music Services LTD is a Cyprus corporation, registered under number 371061, with its principal offices located at Nikis 8 Pano Deftera Nicosia Cyprus

Lavirithmos is hereinafter referred to as “Lavirithmos” for these terms (hereinafter the “Terms”).

  1. SERVICES DESCRIPTION

DISCLAIMER AND LIMITATION OF LIABILITY

Lavirithmos cannot be held liable for the fraudulent exploitation which could occur without its knowledge or in violation of the Terms and notably any illegal use, streaming, or downloading of the Content.

Lavirithmos cannot be held liable for independent technical problems of its Services such as maintenance or network issues due to the internet service provider and which could lead to a temporary intermission of the network.

Article 17 – Jurisdiction and litigation

The Terms are governed by UK law.

Article 1 – Generalities

Article 2 – Lavirithmos Subscriber Service Presentation

The Lavirithmos Subscriber Service is a service operated by Lavirithmos enabling, by consenting to the hereby Terms, from a personal computer and a mobile to listen to unlimited music in high quality audio and without any advertisement.

Once he has registered, the Subscriber has access to all functionalities of the Lavirithmos Subscriber Service.

The main characteristics of this Lavirithmos Subscriber Service are the followings:

No advertisement;

A high sound quality.

The use of the Lavirithmos Subscriber Service requires a high-speed internet connection and an internet service for mobile phones. These connections are not provided by Lavirithmos, therefore the Subscriber must first subscribe to a high speed internet and/or an internet for mobile offer in order to use the Lavirithmos Subscriber Service.

A connection to internet for mobile through a third generation (3G) mobile technology norm is highly recommended.

The music catalog available, as part of the Lavirithmos Subscriber Service, is linked to the contracts in effect with the right holders and may therefore change. Lavirithmos cannot guarantee the availability of any determined track or album or any artist or group in the Lavirithmos Subscriber Service catalog. Moreover, Lavirithmos cannot guarantee that any determined track, album, artist or group on the Lavirithmos Subscriber Service catalog will be indefinitely available. Lavirithmos can never be held liable for the removal of parts of the catalog content offered.

The Subscriber can activate the Lavirithmos Subscriber Service on a personal computer (PC or MAC) and a compatible mobile phone. The Lavirithmos Subscriber Service is only accessible from one connection at a time (personal computer or compatible mobile phone). Lavirithmos has the technical means to verify the absence of multiple simultaneous connections on the same account and therefore detect multiple connections attempt.

Article 4 – Availability and modification of the Lavirithmos Subscriber Service

The Lavirithmos Subscriber Service can be accessed to 24hours a day and seven days a week.

Lavirithmos has the right to bring any modification and amelioration to the Lavirithmos Subscriber Service as it deems necessary for technical evolution. However, no modification of quality or important modification of the functionalities of the Lavirithmos Subscriber Service will occur.

In addition, Lavirithmos has the right, without prior notice or compensation, to temporarily remove access to the Lavirithmos Subscriber Service if necessary in order to ensure the maintenance due to technological evolution or continuity of the Lavirithmos Subscriber Service. The Subscriber recognizes that Lavirithmos cannot be held liable and waives any right to compensation and/or action against Lavirithmos in that respect. The temporary Lavirithmos Subscriber Service interruptions will be, when possible, notified on the Site at least 24 (twenty four) hours before they occur, unless they are urgent.

Article 5 – Terms of Access to the Lavirithmos Subscriber Service

The Subscriber must be capable to accept the hereby Terms, which means that he has the legal required age and he is not under a legal protection measure (such as legal guardianship) or if the Subscriber is under the legal age, has a parental authorization giving him permission to subscribe.

Article 6 – Creation of an account

In order to activate the Lavirithmos Subscriber Service, every Subscriber must:

Create an account on the Site or, if the Subscriber is already registered, log on the Site;

Provide the information requested on the registration form;

Give his consent to the Terms;

Confirm his registration.

Once his registration has been validated, Lavirithmos will send to the subscriber (at the address given at the time of registration to the Site) a confirmation email.

Subject to other conditions of the Terms, the subscription to the Lavirithmos Subscriber Service will only become effective when Lavirithmos sends the confirmation email mentioned above. The Subscriber is invited to keep and/or print such email.

The Subscriber can modify the password given on his account by clicking on the section “Modify my personal data”.

The Subscriber shall provide true, accurate and sincere information.

The Subscriber shall inform Lavirithmos, without delay, of any modification to the information provided at the time of creation of his account and notably any modification of his email address. The Subscriber can modify these information on his account on the Site by clicking on the section “My account”.

The Subscriber must immediately inform Lavirithmos of any loss or unauthorized use of his account, his identification details and his password. The passwords and identification details are personal and the Subscriber must not communicate them. As a result, the Subscriber is solely responsible for their use.

The Subscriber is solely liable for the consequences due to the use of his account, and thus until its deactivation, and as a result, Lavirithmos and all its partners, co-contracting party or right holders cannot be held liable on this matter, unless the Subscriber can prove that the use of his identification details and/or account results from a fraud by a third party.

Article 7 – Price

It is reminded that the connection and communication (internet and mobile broadband) costs relating to the use of the Lavirithmos Subscriber Service are not supported by Lavirithmos and must be supported only by the Subscriber.

Article 8 –

Article 9 – Disclaimer of Warranties

The Subscriber declares being informed of the confines and limitations of the internet network.

As a result, Lavirithmos disclaims liability for the dysfunction of the Lavirithmos Subscriber Service access, the listening velocity of the tracks, the temporary or final inaccessibility of the Lavirithmos Subscriber Service, and the fraudulent use by third parties of the information provided on the Site.

Therefore, it is the Subscriber’s duty to protect his personal data and information or other equipments notably against any form of intrusion and/or virus contamination and for which Lavirithmos can never be held liable. Lavirithmos can never be held liable of any dysfunction or damage caused to the Subscriber’s equipment.

More broadly, Lavirithmos disclaims any liability if a breach of any obligation results from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning and more broadly any unstoppable and unforeseen event which prevent the good execution of the orders.

Lavirithmos disclaims liability in case the Lavirithmos Subscriber Service would turn out to be incompatible with certain equipments and/or functionalities of the equipment of the Subscriber.

Finally, the Subscriber is solely liable of his use of the Lavirithmos Subscriber Service and cannot held Lavirithmos liable for any claim and/or procedure made against him. The Subscriber shall take in charge every claim, complaint or objection and more broadly any proceedings filed against Lavirithmos by a third party in relation to his use of the Lavirithmos Subscriber Service.

Article 10 – Privacy Policy

Lavirithmos shall respect the legislation in effect regarding the protection of privacy concerning the processing of personal Data.

The information and data of the Subscriber collected are being processed and are mandatory for the management of his subscription. These information and data are also kept for security reasons, in order to respect the legislation to which Lavirithmos is submitted. These Data are processed and kept at the Site host provider identified within the legal notice which can be found on the Site in conditions aiming to guarantee security.

If the Subscriber gives his prior consent, the collected data can also be used for the management of commercial relations in order to establish stats and also provide Lavirithmos with the possibility to improve and personified the services offered and the information addressed.

The Subscriber has a right to access and modify his information. If he wishes to use these rights and obtain communication of his information, the Subscriber can contact Lavirithmos via the Site by clicking on the section “Contact Us” or by writing.

The Subscriber is informed that his data can be disclosed in respect of the legislation or under a decision from a judicial or administrative authority.

Any artificial use of a Lavirithmos account (for instance to artificially or abnormally increase the play count for specific tracks), via automated processes such as robots and scripts or via any other means, is strictly prohibited.

Article 11 – “Cookies”

The setting of the Subscriber browser enables the Subscriber to detect the presence of cookies and he can oppose to their registration. This procedure is specified in the section “Personal data” on the Site.

Article 12 – Intellectual Property

Any total or partial representation of the Site, of the Lavirithmos Subscriber Service, of the Application and/or the elements composing it (as described above) by any means without the express consent of Lavirithmos is therefore forbidden and would be considered as counterfeiting which is punished by law.

Any hyperlink to the Site and using the “framing” technique (programming technique offering the possibility to divide browser windows into different independent frames in order to display the content of an external website) or the “in-line linking” technique (programming to make disappear into a webpage one element extracted from another site, which saves stock space on the hard drive where the Site is hosted and enables to hide from an uninformed user the initial content of which the element is part) is strictly prohibited.

The tracks on the Lavirithmos Subscriber Service are protected numerical files by national and international copyright and neighboring rights. Therefore, and in conformity with the Intellectual Property Rights, only their listening within a private and family circle is allowed. Any use for a non private purpose will expose the Subscriber to civil and/or criminal proceedings. Any other use of the numerical files is strictly forbidden and more particularly any download or attempt to download, any transfer or attempt to transfer permanently or temporarily on the hard drive of a computer or any other device (notably music players), any burn or attempt to burn a CD or any other support are expressly forbidden. Any resale, exchange or renting of these files are strictly prohibited.

The Subscriber recognizes that the recordings provided to him on the Site and the Application are protected by technical protection measures set up by Lavirithmos in order to prevent or limit, depending on the technology offered, the unauthorized use of the Recordings under the Terms.

The Subscriber agrees not to bypass, by any means, these technical protection measures, for the purpose of downloading these files and enable their conservation within the storage unit of his reception terminal whatever it is.

Article 13 – Suspension and/or termination initiated by Lavirithmos

Without prejudice of any damages that Lavirithmos may ask, Lavirithmos has the right to suspend access to the Lavirithmos Subscriber Service to a Subscriber and/or terminate by rights, without notice or compensation, its subscription to the Lavirithmos Subscriber Service in case:

The Subscriber does not respect the Terms and notably :

Does not respect the Intellectual Property rights of Lavirithmos or its licensors

Bypass or attempts to bypass the technical measures of protection set up by Lavirithmos.

Uses multiple simultaneous connections to the same account or attempts to do so

Provides false information at the time of his subscription to the Lavirithmos Subscriber Service .

Activities prejudicial to Lavirithmos’s commercial interests.

Article 14 – Modifications of the Terms

Lavirithmos has the right to modify in its sole discretion the Terms. Lavirithmos will inform the Subscriber, through an email at the address given on the Subscriber’s account, of any modification of the Terms at least 15 (fifteen) days prior to their effectiveness.

Article 15 – Customer service department

For any information or question regarding the Lavirithmos Subscriber Service, the Subscriber can contact Lavirithmos through the Site by clicking on the section “Contact us” or by addressing a mail to the following address:

Lavirithmos Music Services

Nikis 8 Pano Deftera 2460 Nicosia

CYPRUS

Article 16 – Nullity of a term

In case one of the clauses of the Terms would be declared void or voidable for any reason, the other clauses will still apply without any modification.

Article 17 – Jurisdiction and litigation

The Terms are governed by UK law.

In case of litigation, the parties will try to reach an agreement before any judicial proceeding. If no agreement can be reached, any claim regarding the validity, the interpretation and/or the execution of the Terms will have to be brought before a Cyprus court and thus even if there are multiple defenders or in case of guarantee enforcement.