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Terms of Use and Regulations

TERMS OF USE AND REGULATION FOR THE OPERATION OF SERVICES PROVIDED

 

1. The entity Providing Information Society Services
The Limited Liability Company under the name "SILKTOUCH MANAGEMENT CORP." is the Entity providing information society services (henceforth: Entity) with the Internet Site Name and web page www.mygreek.fm in the meaning such terms are defined in p.d. [presidential decree] 131/2003 ("Adaptation to Directive 2000/31 of the European Parliament and Council in reference to certain legal aspects of information society services, electronic e-commerce (electronic commerce) in particular, in the internal market (Directive on e-commerce)", Official Gazette of the Hellenic Republic 116/A/16.5.2003.
The Entity shall not be liable for the general and preventive supervision regarding the contents transmitted since the same is not the starting point of transmission, it does not select the receiver and it does not select or amend the information provided and it has no general obligation to control the services provided or stored by the same, or a general obligation to actively seek facts or circumstances on any illegal activities. The Entity has created specific procedures for the denunciation of illegal acts that could be performed through the web page (intellectual property, personal data, offensive contents) and it is committed to strictly observe such procedures, caring for the compliance of the web page with the legislation in effect.


2. The Information Society Services provided
2.1. The services offered by the Web Site Name www.mygeek.fm are "information society services", pursuant to p.d. 131/2003 and the relevant legislation. In particular, through the said Site Name, the Entity shall allow:
 (a) subscribers and users of services to upload contents material related to the Greek music scene, either texts, or audio or photographic or in audiovisual form (henceforth: "contents") and to use such material in the context of a private performance on demand in the meaning of article 18 par. 1 of Law 2121/1993, excluding both technically and contractually the ability to download the contents that have already been uploaded;
 (b) every user (regardless whether s/he is a subscriber or not) visiting the Site Name mentioned above, to listen to the music program that is transmitted through the live stream channel and to watch video clips that have been uploaded as contents;
 (c) every subscriber and user to create a profile, where s/he may upload contents.
 (d) the creation of a blog, participation in a written chat in open site or by closed e-mail messages (private message), the creation of an "Artist" web page;
 (e) uploading of specific "Events" that take place and are related to the issues of the web page, i.e. the Greek music scene. For example, the users may inform on a concert given by a singer, having of course the responsibility of the accuracy of the information transferred, according to article 9 of this present;

2.2. In the context of providing the said services, the Entity and the Moderators may send closed e-mail messages to users and subscribers;
2.3. The use of services require the operation of computer programs, i.e. software. The Entity shall not be responsible for any problems that might appear from the operation of the occasional software employed by the user in order to access the services rendered.

 

3. The obligations of users
3.1. The service of simple navigation in the initial page of "mygreek.fm" and of viewing the live program is offered for free to every user as well as the services mentioned sub (b), (c) and (d) above. The other services are offered to the other users against subscription. Both (simple) users and subscribers as well are committed to observe these terms of use that constitute binding contractual terms for the services provided (both by subscription and the simples ones as well) and also binding corporate rules, observed and imposed by the Entity in the provision of information society services;
3.2. These terms are in full compliance with the European and Greek legislation in effect and non compliance of users / subscribers of the web page or / and third parties with such shall not imply liability of the Entity in respect of any natural or legal persons harmed (articles 11 and 14 of the p.d.131/2003). The users visiting the web page acknowledge that they have read these terms, agree and undertake the responsibility to observe the same, both in the context of the agreement concluded upon the acceptance thereof and also in the general context of his / her obligation to observe the legislation;
3.3. If the users provide their particulars to the Entity, they must give accurate information and not use false particulars or particulars of third parties. Access to the web page and the use of its services is allowed to persons older than 15 years of age. Use of the Entity's services by persons 15-18 years old is allowed with the consent of their guardian. In addition, the users must keep updated any particulars of theirs that are offered;
3.4. Subscribers pay remuneration for their services before using the same (advance payment) according to the rules and the charges set forth by the Entity. The Entity shall not impose changes with retrospective effect to the payment rules. Likewise, the Entity is entitled to bring changes to the service of payment rules and to change charges without any warning. When paid for the service, the Entity holds the right to request additional information that is related to the financial transactions necessary in order to verify the identity of the buyer. Such additional safety rule has been effected to the benefit of the subscribers of www.mygreek.fm. The return of money is effected in case the one interested has paid the subscription amount for two or more months. The buyer in order to request for the return of money for all months following, which s/he has paid except for the current one, must send a e-mail to the support service with subject "RETURN OF MONEY" within ten days from the date of payment.

 

4. The rights of the Entity
4.1. Rights on distinctive titles, site names and trademarks
The distinctive titles, the trademarks and the site names constitute assets of the Entity, which reserves every right to initiate civil, administrative and criminal proceedings against any violator of the relevant terms that concern the use of the assets thereof mentioned above.
4.2. Rights to the database
The aggregate of graphic designs, computer programs (excluding the software of third parties), the source code, the texts, pictures and the entire layout of the web page as well, form an asset of the Entity. In reference to the database of the web page, the Entity constitutes the "manufacturer of the database" with the rights of special nature mentioned in article 45A of Law2121/1993 and the relevant European Community institutional frame. In such frame, the export or / and reuse of the total or substantial part of the contents of the database is forbidden, regardless of the protection of the base pursuant to the general provisions on intellectual property. Furthermore, any export or / and reuse shall be forbidden of any parts of the database's contents affecting its regular exploitation by the company. The company reserves every right to initiate civil, administrative and criminal proceedings against any violator of the relevant terms that concern its right of special nature on the database.
4.3. Rights to termination in the case of violation of the terms of operation and use, deletion of an account, requests for deletion
4.3.1 Subject to any legal right in general of the Entity, according to the aforementioned, including the right to claim compensation, the same is entitled to cease the provision of services, by any lawful and technically suitable means, to any person in breach of these terms of operation and use of the web page. However, the Entity has no respective obligation to cease, since no rule is provided ex ante for ongoing supervision of the contents of the web page, but for ex post facto intervention in the case of complaint;
4.3.2 The Entity is also entitled ex officio, at any moment whatsoever and without giving any explanation, to delete a user's account. In case of deletion either ex officio or due to termination or upon request, the account is "blocked" for a transitional period of 3 months and then it is deleted automatically. Upon the elapse of the 3month period, all the information (contents) of the account is deleted save for the blogs and the comments written by the user.

4.3.3 Users wishing to have their account deleted, send an e-main pertaining thereto to support@mvgreek.fm with subject "Account Deletion" from the mail declared throughout the registration period and the moderators delete the account within 3 business days.
4.4. Appointment of moderators
The Entity is entitled to select among the subscribers, persons to who it shall grant the technical power to manage the public site of the web page (moderators). Normally, individuals are appointed as moderators, who: (a) have an active presence in the web page for over 2 months, contributing in the development thereof, and (b) have no charge pending against them. The Entity may revoke the capacity of a moderator from a user at any time, without the latter being able to oppose rights and claims from such revocation. Moderators are entitled to use pseudonyms and the Entity shall respect such option, without being obliged to know the particulars of their identity.

 

5. The rights of users
5.1. Users are entitled to use the information society services offered (see above sub 2), enjoying the services offered exclusively for purposes of personal information and entertainment;
5.2. Users are entitled to upload contents only if they are not in breach of the intellectual rights of third parties and provided that the content is not offensive, libellous, slanderous or pornographic. They are not entitled to upload contents unless the same hold the power to upload the same on the Internet and in such cases they shall be fully liable in case the party harmed initiates proceedings against them, without prejudice to the obligations of the Entity to compliance in case a complaint is filed, according to article 7 of this regulation of operation. The active participation of a user by uploading contents shall presuppose absolute respect of this regulation of operation and of this term in particular;
5.3. The users who are artists shall be entitled to create an "Artists" page under ones own name, uploading their works freely, on condition no breach of the terms of this present occurs. In the pages of "Artists" the ability is given to the visitor to make a "donation" in favour of the Artist, which is fully collected by the Artists, without any right of the Entity to such revenue. The Entity is not liable for the payment or the refusal of payment of any donation promised by the user to the Artist. The Entity has no liability regarding the identification of the donators, i.e. the same offers no particulars that could identify them, if they have not disclosed the same and has no obligation to cross examine particulars in order to avoid any presentation of a donator under false identity particulars. The Entity reserves the right to use the contents freely, as uploaded by Artists and with no further formality for the purposes of publicity promotion of the web page. In addition, the Entity is entitled to use such contents for other purposes as well, upon a contract with the Artist, maintaining the right to preference for the conclusion of such contract for using the intellectual property artifact. In case the Artists delete the material they had uploaded, the Entity shall cease to have such right (i.e. the right to use the contents uploaded freely by the Artists and without any other formality for the purposes of publicity promotion of the web page). Artists may exercise the right to deletion of their account pursuant to the procedure provided for above sub 4.3.3.;
5.4. The users are entitled to privacy protection of their communications, as provided for by article 19 of the Constitution and the national and European legislation pertaining thereto (Law2225/1994 etc);
5.5. Users are not entitled to use the contents included in the database or other parts and units of the web page for other purposes beyond those mentioned in paragraph 5.1. In particular, it is not allowed for any reason whatsoever to copy contents that have been uploaded on the web page;
5.6. Users are entitled to the protection of the personal data provided for by article 8 of the present regulations of operation;
5.7. Users who are not subscribers are entitled to participate in the chat of the web page only upon the registration thereof (in writing) in the web page. In addition, they are entitled to participate if they are "friends" of the users participating in the chat.

 

6. Intellectual property issues in relation to the contents of the database
6.1. The Entity has concluded a contract for the use of music via the Internet with the Intellectual Property Societe Anonyme. Such contract covers the sum of obligations related to the on demand viewing of works and the musical program on live streaming channel;
6.2. Reservation in favour of any beneficiary of intellectual property rights and affiliated rights shall apply on the contents of the database of the Entity (see sub 4.2 above herein);
6.3. The Entity shall strictly abide by the provisions of the legislation on intellectual property. From the combination of articles 11 and 14 of p.d. 131/2003 it appears that the Entity bears no liability whatsoever in respect of the contents transmitted because the same is not the starting point of the transmission, it does not select the receiver and it does not select or amend the information provided and it has no general obligation to monitor the services it transmits or stores or a general obligation to actively seek facts or circumstances in relation to any illegal activities (One Member Court of First Instance for Rodopi 44/2008). However, the entity has organised a termination procedure for cases of breach of intellectual property rights, according to article 7.


7. Denunciation procedure in cases of breach of intellectual property rights
7.1. The right to denunciation in cases where violations of intellectual property rights have been ascertained vests in beneficiaries of such rights and the legal representatives thereof. The right to denunciation with the Entity refers to the moral right only (article 4 of Law2121/1993), i.e. the decision on the time, the place and the manner in which the artifact becomes accessible to the public (disclosure), the acknowledgement of the same as the creator of the said artifact and in particular, the power to demand, to the degree possible, mention of the name thereof in the copies of his / her work or, on the contrary, to keep his / her anonymity or to use a pseudonym, the exclusion of any distortion, abridgment or other amendment of the artifact thereof as well as any offence of the creator due to the conditions under which the artifact thereof was presented. Matters pertaining to the property right shall be governed by the contract of the entity with the Intellectual Property Societe Anonyme;
7.2. The beneficiary of the moral right or the legal representative thereof is entitled to submit a complaint via e-mail (artist@mygreek.fm) with the Entity, where the following are mentioned: (a) the identity thereof, producing the relevant evidence from the competent public authority, (b) the particular work of intellectual property to which the complaint thereof refers, (c) his / her right that has been violated, according to article 7.1 of this regulation, (d) an affidavit by which the same shall mention "I solemnly declare in awareness of the consequences of the law that I am beneficiary and specifically .... (composer, songwriter, performer, creator) of the work ....", (e) the contact details thereof (e-mail address, telephone number, registered address or residence address).
7.3. As soon as the Entity receives the complaint, it is obliged to examine its grounds and to answer the complainant via the same means. Such answer shall be sent to the complainant within five (5) days from the reception of the complaint. In case of a well-grounded complaint regarding the violation of a moral right according to article 7.1, the Entity shall promptly intervene in order to restore the right that was violated, having the ability for such purpose to seek more information and to come into direct consultation with the complaint or the legal representatives thereof. In the case of a complaint that is ungrounded, the Entity responds to the complainant mentioning the reasons has / her complaint was rejected;
7.4.The observance of the said procedure forms a binding contractual term prior to any further action before a public authority or court and such preliminary proceedings concern both subscribers and simple users as well, who, upon entering the web page accept the binding feature thereof.

 

8. Protection of personal data
8.1. The Entity processes only whatever data, characterised as personal, are required for the provision of its services as well as whichever the ones interested upload on the Internet via its services. The necessary processing of the web page users' and subscribers' data characterized as personal forms processing that falls under the scope of application of article 7A par. 1 (b) Law2472/1997 and they are neither forwarded or announced to third parties, unless the procedure is followed as defined by the legislation on the lifting of privacy or any obligations arising from the national enforcement of Directive 24/2006. The cookies technology is used in the web page www.mygreek.fm. The deactivation of the cookies shall make entrance and proper browsing of the web page impossible and users accept such intervention from the beginning. While visiting the web page www.mygreek.fm for the first time, a permanent "cookie" (a small file text) will be stored in the hard disc of your computer. The cookies are used during your consecutive visits to the web page for its personification. You may visit www.mygreek.fm without the cookies, but you will not be able to use all the potentials of the web page or to enjoy its special features. In order to change the programming of your cookies go to the menu "Help" of the browser schedule.
8.2. Every processing of data characterized as personal of par. 8.1 is conducted exclusively and only by persons that are under the control of the Entity. For conducting the processing the Entity shall select persons with respective professional qualifications that offer sufficient guarantees from the aspect of technical knowledge and personal integrity for observing confidentiality. The Entity has taken the appropriate organizational and technical measures for the security of the data and their protection from accidental or unfair destruction, accidental loss, distortion, forbidden dissemination or access and any other form of unfair processing. Such measures secure a level of safety that is proportional to the risks involved in the processing and the nature of the data that are the subject of processing. In case the procedure of electronic shopping is taking place, in order to secure the safety of your transactions and the protection of your personal data, the Entity uses technology SSL (Secure Sockets Layer). During the process of your electronic shopping the website www.mygreek.fm does not register or store by any means whatsoever any data relating to your credit card, with the exception, for reasons of transaction security, the particular if it is Debit or Credit and if it is a Visa or MasterCard. In payments made through PayPal the e-mail of the PayPal account is also stored. In payments through SMS the number of the mobile phone is stored. The SSL is now a reliable entity for the safety of transactions through the Internet globally. All the transactions that you make through www.mygreek.fm are governed by the relevant provisions of the Law on the Protection of Consumers (Law2251/1994), which regulates issues related to sales by distance as well as the provisions of the European and International law on electronic commerce;
8.3. Every person is entitled to know whether personal character data concerning the same are or were the subject of processing by the Entity. The Entity is obliged to answer on this in writing. The subject of the data is entitled to request and to receive from the one responsible for the processing, without delay and in a manner that is easy to understand and clear, the following information:
 (a) All data with personal character that concern the same as well as the origin thereof;
 (b) The objectives of the processing the receivers or the categories of receivers;
 (c) The progress of the processing for the period from the previous update or informing thereof;
 (d) The logic of the automated processing;
 (e) According to the case, the correction, the deletion or the locking of data, the processing of which is not in compliance with the provisions of Law2472/1997, especially due to the incomplete or inaccurate nature of the data, and;
 (f) The info to third parties to which the data have been announced regarding every correction, deletion or locking that is conducted according to the case provided this is not impossible and it does not presuppose disproportional efforts.
The right to access may be exercised also by the subject of the data and by the assistance of a specialist. The Entity responds to requests on access within fifteen (15) days, pursuant to the provisions of article 12 of Law2472/1997;
8.4. The subject of the data is entitled to raise any objections whatsoever on the processing of the data concerning the same. Objections are addressed in writing to the Entity by e-mail and they must include evidence on the identity of the applicant as well as the request for specific action, such as correction, provisional non-use, locking, non-transfer or deletion. The Entity shall answer in writing on the objections within an exclusive deadline of fifteen (15) days. In such answer, the Entity shall inform the subject on the actions it made or, possibly, the reasons why it failed to satisfy the request. The answer in the case the objections are rejected is notified by the Entity to the Authority on the Protection of Personal Data;
8.5. In order to exercise the rights of terms 8.3 and 8.4, the subject of the data or the legal representative thereof submits a complaint with the Entity through e-mail (info@mygreek.fm) in which the following are mentioned: (a) the identity thereof, producing relevant evidence from a public authority, (b) the specific personal data concerning the complaint thereof, also pointing out the site where the same are uploaded, (c) the communication particulars thereof (his / her telephone, e-mail address, residence address);
8.6. The observance of the said procedure is a binding contractual term prior to any further action before a public authority or court and such preliminary proceedings concern both subscribers and simple users, who, upon entering the web page accept their liability.


9. Operation Rules of blogs, web pages of artists, chat and "events" service of "mygreek.fm"
9.1. Principles for the dissemination of news
When a blog or a web page of an artist or the chat or "events" service is used as a medium for the dissemination of news, i.e. information ("contents") on true facts, which concern broader number of readers, the following principles must be observed:
 (a) Disclosure must refer to the entire truth without distortion, alteration or presentation of selective items from the news transmitted;
 (b) The accuracy of news must be controlled prior to its transmission by any means offered, such as the cross examination of the information with the collection of items from two different sources minimum that are independent of each other;
 (c) When the news may have a negative effect on the reputation of a person, its transmission must be followed by a full quotation of the information that supports the accuracy thereof, on condition that it has been collected by commonly accepted and legal means - otherwise the disclosure of such news must be avoided;
 (d) The news (information on a true fact) must be clearly distinguished from the comment of the blog (constructions, evaluations, critics, characterizations);
 (e) The title of the text must correspond to its contents (principle of relativity between title - news);
 (f) The use of photos, pictures, graphic images or other presentations must be made with accuracy, reference to the source - unless the data have been given on condition of confidentiality - and mention to the scientific methods by which they were prepared;
 (g) The news must be transmitted without any bias from personal, political, social, religious, racial, philosophical and cultural views or beliefs of the blogger - these will be expressed in the context of the commentary or criticism thereof;
 (h) Provided there are more sides or opinions to true facts, they must all be presented or at least the most representative of them, for the completeness of the cover.
9.2. Principles on the commentary and the criticism of facts or persons
The users and commentators must respect:
 (a) The presumption of innocence, i.e. no incrimination prior to the final sentence of someone for an offence that is punishable by the law;
 (b) Minors, senior citizens, individuals with special needs and serious health problems, on condition that the commentator is aware of such capacities;
 (c) Individuals that are in a state of mourning, mental shock and pain, as well as those with an apparent psychological problem, avoiding the exposure of such special state.
The freedom of expression allows for acute criticism and irony but not insult, libel, slanderous publications and insult of the personality of others.
9.3. Free software and intellectual property
The use of speech artefacts and the art of third parties ("contents") is allowed on condition such is done for reasons of informing, documenting or commenting on the same artifacts. The use of such artefacts ("contents") must always occur with absolute respect of the terms provided for in any open code licenses that accompany the artifact and in every case, the use must:
 (a) Be accompanied by mention made to the creator and the producer of the artifact and if they are not known, by link to the source from where the blogger detected the artifact;
 (b) Not obstruct the regular commercial or other exploitation of the artifact on behalf of the creator or the producer;
 (c) Not distort the integrity of the artifact, by creating a wrong impression about its contents or quality.
9.4. Pseudonyms, domain names, trademarks, titles, trade names and distinguishing features
Users must not use pseudonyms, domain names, trademarks, titles, trade names and distinguishing features of third parties in a manner that could lead to the misleading of readers or exploitation of the fame of such features in order to recruit readers.
9.5. Anonymity
Anonymity is a right of Internet users, ensured by the environment of advanced freedom of expression, but in any case, its use for waiving liability for illegal acts is abusive. The lifting of anonymity, however, is permitted only upon the intervention of the competent state authorities. Anonymity must be absolutely respected as the choice of someone writing and it must in no case constitute the subject of negative criticism by the participants giving their names. The disclosure of information from where the identity of a person may be determined (ex. profession, address, features, family status, past or parallel pseudonym, religious or political beliefs, sexual preference, origin, etc) constitutes a violation of his / her right to anonymity and is equally reprehensible as the disclosure of the name thereof.
9.6. Use of personal data
Any information referring to a natural person may be used only:
 (a) On condition the prior explicit consent of the person is given or;
 (b) The freedom of expression apparently supersedes and does not violate the right of the person to non use of the personal data thereof, especially when such has been expressed clearly and specifically;
 (c) In any case, before any use if made of the information mentioned to a natural person, the user must have first informed such person on the use s/he will proceed to. An exception shall apply only for public figures or upon the permission of the Authority on the Protection of Personal Data.
9.7. Communication privacy
Browsing on the Internet, the transmission and reception of electronic mail and the uploading of texts, on condition they are done: (a) with the intention of privacy, and (b) measures have been taken to secure privacy, shall be covered by privacy of communication. Data exchanged during such communication are also covered by privacy and the management thereof is permitted according to the terms of use of personal data.
9.8. Right to complain for insulting contents
In case the use of the blog services offered by the Entity violates any of the principles mentioned above, apart from the rights to denunciation on matters of intellectual property or matters of personal data, the affected party shall be entitled to request for the intervention of the Entity, which is obliged to examine the issue and respond to the complainant within five (5) days on the action it proceeded to or intends to proceed to.


10. Applicable law and procedure to reach an out of court settlement of any dispute
10.1. For every dispute that may arise from the use of the services or and any other reason between the user/subscriber and the Entity, the Greek law shall apply and the competent courts of Athens will have jurisdiction over the case.
10.2. In case any difference arises in respect of the present terms of use between the user and the Entity, the former is obliged, before initiating any court proceedings, to communicate with the company within 15 days from the occurrence of the facts of the dispute. Omission to observe such term constitutes a violation of substantial contractual term that has been concluded between the user / subscriber and the Entity;
10.3. The original text of the present terms of use and regulations of operation is the initial text in Greek. Also, an official translation thereof in English is given on the web page. In case there are discrepancies, the Greek version shall prevail;
10.4. For any information, question and submission of complaints you may send your request by mail to the address:

Silktouch Management Corp.
1 Mapp Street,
Belize City,
Belize

Orphus