Viewer Terms of Service (“Terms”)

Last modified on 8 October 2021

  1. Introduction; Your Agreement to these Terms.

Welcome to Stichting GÂRDEN, the music livestreaming and discovery platform (“GÂRDEN” or “We”).  The “GÂRDEN Services” consist of our website (available at http://www.garden.stream), and any other products or services we offer.

These viewer terms of service (“terms”) are entered into by and between you and GÂRDEN. Please read these terms carefully before you start to use the GÂRDEN services. By using the GÂRDEN services or by clicking to accept or agree to these terms when this option is made available to you, you accept and agree to be bound and abide by these terms and acknowledge receipt of our privacy policy (the “privacy policy”), incorporated herein by reference. Please read these terms carefully before using the GÂRDEN services as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, and a dispute resolution clause that governs how disputes will be resolved. If you do not want to agree to these terms or the privacy notice, you must not access or use the GÂRDEN services, or discontinue any access or use of the GÂRDEN services.

  1. Privacy Policy. 
    Please see our Privacy Policy for information relating to how we collect, use, and disclose your personal information, and other privacy information provided to you on how you can manage your online privacy when you use the GÂRDEN Services.  By downloading, installing, or otherwise using the GÂRDEN Services, you acknowledge and agree that GÂRDEN may collect, use, and disclose your personal information as set forth in the Privacy Notice.

  2. Account.
    Account and Password.  In order to open an account, you will be asked to provide us with certain information such as an account name and password.  You are solely responsible for maintaining the confidentiality of your account, your password via your own devices. If you permit others to use your account credentials, you agree to these Terms on behalf of all other persons who use the Services under your account or password, and you are responsible for all activities that occur under your account or password. Please make sure the information you provide to GÂRDEN upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge. Unless expressly permitted in writing by GÂRDEN, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your account. You must immediately notify us if you suspect that your account name and password have been stolen, or been used without your permission.
  1. Memberships. Once you have an account you can become a member of GÂRDEN by signing up to one of our subscriptions. You may cancel your membership payments and subscriptions at any time in your account or by sending a notice of cancellation to office@gardenmusic.eu. Whenever you cancel your subscription, your membership will end at the end of the current billing cycle.

  2. Use of Devices and Services. 
    Access to the GÂRDEN Services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing or using the GÂRDEN Services.

  3. Modification of these Terms.
    GÂRDEN may amend any of the terms of these Terms by posting the amended terms on the website and providing reasonable prior notice regarding any material amendments to these Terms. All amendments may become effective immediately after posting, and in any case, within 30 calendar days after posting.
    Your continued use of the GÂRDEN Services following any such notifications constitutes your acceptance of such modifications and your agreement to be bound by the updated Terms. If you do not agree to any modification of the updated Terms, your sole remedy is to discontinue your use of the GÂRDEN Services. The most current version of the Terms will be available on our website and supersedes previous versions.

  4. License
    • The GÂRDEN Services are owned and operated by GÂRDEN. Unless otherwise indicated, all content, information, and other materials on the GÂRDEN Services (excluding User Content, set out in Section 8 below), including, without limitation, GÂRDEN’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “GÂRDEN Materials”) are protected by relevant intellectual property and proprietary rights and laws. All GÂRDEN Materials are the property of GÂRDEN. Unless otherwise expressly stated in writing by GÂRDEN, by agreeing to these Terms you are granted a limited, revocable, non-transferable, non-sublicensable, limited license (i.e., a personal and limited right) to access and use the GÂRDEN Services and GÂRDEN Materials for your personal use.
    • GÂRDEN, the GÂRDEN logos, and any other product or service name, logo, or slogan used by GÂRDEN, and the look and feel of the GÂRDEN Services, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of GÂRDEN, and may not be used in whole or in part in connection with any product or service that is not GÂRDEN’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GÂRDEN, without our prior written permission. Any use of these trademarks must be in accordance with any GÂRDEN Trademark Guidelines.  All other trademarks referenced in the GÂRDEN Services are the property of their respective owners. Reference on the GÂRDEN Services to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.
    • GÂRDEN reserves all rights not expressly granted in these Terms. This license is subject to these Terms and does not permit you to engage in any of the following: (a) resale or commercial use of the GÂRDEN Services or the GÂRDEN Materials; (b) distribution, public performance or public display of any GÂRDEN Materials; (c) modifying or otherwise making any derivative uses of the GÂRDEN Services or the GÂRDEN Materials, or any portion of them; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the GÂRDEN Services, the GÂRDEN Materials, or any information contained in them, except as expressly permitted on the GÂRDEN Services; or (f) any use of the GÂRDEN Services or the GÂRDEN Materials except for their intended purposes. Any use of the GÂRDEN Services or the GÂRDEN Materials except as specifically authorized in these Terms, without the prior written permission of GÂRDEN, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles. GÂRDEN can terminate this license as set out in Section 14.
  5. User Content
    The GÂRDEN Services allow you to use features, such as comments, emojis, chat, and certain postings; and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, on or through the GÂRDEN Services (“User Content”).

  6. Prohibited Conduct. 
    You agree not to violate any law, contract, intellectual property, or other third-party right; not to commit a tort, and that you are solely responsible for your conduct while using the GÂRDEN Services.  Specifically, and without limitation, you agree that you will comply with these Terms and GÂRDEN’s Guidelines and will not:
    • create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, bullying, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
    • impersonate any person or entity; falsely claim an affiliation with any person or entity; access the GÂRDEN Services accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via the GÂRDEN Services; or perform any other similar fraudulent activity;
    • send junk mail or spam to users of the GÂRDEN Services, including without limitation unsolicited advertising, promotional materials, or other solicitation material; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests); and other similar activities;
    • harvest or collect email addresses or other contact information of other users from the GÂRDEN Services;
    • defame, harass, abuse, bully, threaten, or defraud users of the GÂRDEN Services, or collect or attempt to collect, personal information about users or third parties without their consent;
    • delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of the GÂRDEN Services or User Content, (b) features that prevent or restrict use or copying of any content accessible through the GÂRDEN Services, (c) features that enforce limitations on the use of the GÂRDEN Services or User Content, or (d) the copyright or other proprietary rights notices on the GÂRDEN Services or User Content;
    • reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the GÂRDEN Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
    • modify, adapt, translate, or create derivative works based upon the GÂRDEN Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
    • create recordings from livestream or on-demand videos broadcast through the GÂRDEN Services;
    • interfere with or damage the operation of the GÂRDEN Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
    • relay email from a third party’s mail servers without the permission of that third party;
    • access any website, server, software application, or other computer resource owned, used, and/or licensed by GÂRDEN, including but not limited to the GÂRDEN Services, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures GÂRDEN may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by GÂRDEN, including but not limited to the GÂRDEN Services;
    • manipulate identifiers in order to disguise the origin of any User Content transmitted through the GÂRDEN Services;
    • interfere with or disrupt the GÂRDEN Services or servers or networks connected to the GÂRDEN Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the GÂRDEN Services; use the GÂRDEN Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the GÂRDEN Services, or that could damage, disable, overburden, or impair the functioning of the GÂRDEN Services in any manner;
    • use or attempt to use another user’s account without authorization from that user and GÂRDEN;
    • attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the GÂRDEN Services that you are not authorized to access;
    • attempt to indicate in any manner, without our prior written permission, that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and
    • use the GÂRDEN Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy.
  7. Respecting Copyright.
    GÂRDEN respects the intellectual property of others and follows the requirements set forth in the  applicable laws.
    • If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through GÂRDEN’s services, please send a notice with all of the items below, to the address below, and we will take appropriate action:
      • A description of the copyrighted work that you claim is being infringed;
      • A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location of that material;
      • Your name, title (if acting as an agent), address, telephone number, and email address;
      • The following statement: “I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”;
      • The following statement: “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”; and
      • An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
    • Submissions under this Policy should be sent to: office@gardenmusic.eu.
    • We will review your submission and take whatever action we deem appropriate under the applicable laws, including removal of the challenged content from the website. 
  8. Third-Party Content
    • GÂRDEN may provide other third-party content on or through the GÂRDEN Services (collectively, the “Third-Party Content”). GÂRDEN does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness.
    • You are responsible for deciding if you want to access or use third-party websites or applications that link from the GÂRDEN Services (the “Linked Sites”). GÂRDEN does not control or endorse any such Linked Sites or the information, materials, products, or services contained on or accessible through Linked Sites, and makes no representations or warranties of any kind regarding the Linked Sites. In addition, your correspondence or business dealings with, or participation in promotions of, promoters, presenters, performers, venues, or advertisers found on or through the GÂRDEN Services are solely between you and such person or entity. Access and use of Linked Sites, including the information, materials, products, and services on or available through Linked Sites is solely at your own risk.
  9. Idea Submission. 
    By submitting ideas, suggestions, documents, and/or proposals (the “Submissions”) to GÂRDEN or its employees, you acknowledge and agree that GÂRDEN shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.

  10. Termination. 
    To the fullest extent permitted by applicable law, GÂRDEN reserves the right, without notice and in our sole discretion, to terminate your license to use the GÂRDEN Services (including to post User Content) and to block or prevent your future access to and use of the GÂRDEN Services, including where we reasonably consider that: (a) your use of the GÂRDEN Services violates these Terms or applicable law; (b) you fraudulently use or misuse the GÂRDEN Services; or (c) we are unable to continue providing the GÂRDEN Services to you due to technical or business reasons. Our right to terminate your license includes the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions on/via the GÂRDEN Services. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (i) the GÂRDEN Services, (ii) any term of these Terms, (iii) any policy or practice of GÂRDEN in operating the GÂRDEN Services, or (iv) any content or information transmitted through the GÂRDEN Services, is to terminate your account and to discontinue use of any and all parts of the GÂRDEN Services.

  11. Indemnification. 
    To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless GÂRDEN, its affiliated companies, and each of our respective contractors, employees, officers, directors, agents, third-party suppliers, licensors, and partners (individually and collectively, the “GÂRDEN parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of the GÂRDEN services, any user content you receive, access, use, post, store, or otherwise transmit in or through the GÂRDEN services, your violation of the rights of any third party, any violation by you of these terms, or any breach of the representations, warranties, and covenants made by you herein. You agree to promptly notify the GÂRDEN parties of any third-party claim, and GÂRDEN reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify GÂRDEN, and you agree to cooperate with GÂRDEN’s defense of these claims. GÂRDEN will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

  12. Disclaimers; No Warranties. 
    To the fullest extent permitted by applicable law: (a) the GÂRDEN services and any user content and materials contained therein are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied; (b) the GÂRDEN parties disclaim all other warranties, statutory, express, or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the GÂRDEN services, the GÂRDEN materials, and any information, content, or materials contained therein; (c) GÂRDEN does not represent or warrant that the user content or materials on the GÂRDEN services are accurate, complete, reliable, current, or error-free; (d) GÂRDEN is not responsible for any errors or omissions relating to the user content, or any portion of the GÂRDEN services; and (e) GÂRDEN cannot and does not represent or warrant that the GÂRDEN services are free of viruses or other harmful components, and therefore, your use of the GÂRDEN services  is solely at your own risk. No advice or information, whether oral or written, obtained by you from GÂRDEN or through the GÂRDEN services will create any warranty not expressly stated herein.

  13. Limitation of Liability and Damages. 
    To the fullest extent permitted by applicable law: (a) in no event shall GÂRDEN or the GÂRDEN parties be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with the use of or inability to use the GÂRDEN services, the user content or the GÂRDEN materials, including without limitation any damages caused by or resulting from reliance on any information obtained from GÂRDEN, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to GÂRDEN’s records, programs, or services; and (b) in no event shall the aggregate liability of GÂRDEN, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to the use of or inability to use the GÂRDEN services and/or GÂRDEN materials exceed the amount paid by you, if any, for accessing the GÂRDEN services during the three (3) months immediately preceding the date of the claim or one hundred dollars, whichever is greater. To the extent that applicable law prohibits limitation of such liability, GÂRDEN shall limit its liability to the full extent allowed by applicable law.

  14. Basis of the Bargain. 
    You acknowledge and agree that GÂRDEN has offered the GÂRDEN services, user content, GÂRDEN materials, and other content and information, set its prices, and entered into these terms in reliance upon the warranty disclaimers and limitations of liability set forth herein, that the warranty disclaimers and limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and GÂRDEN, and that the warranty disclaimers and limitations of liability set forth herein form an essential basis of the bargain between you and GÂRDEN. GÂRDEN would not be able to provide the GÂRDEN services and the GÂRDEN materials, to you on an economically reasonable basis without these limitations.

  15. Applicable Law and Venue. 
    The jurisdiction and venue of any legal proceedings involving or arising out of this Agreement shall lie exclusively in the courts located in Rotterdam, in the Netherlands. This Agreement shall be binding upon the parties and their successors and permitted assigns.

  16. Miscellaneous
    • Waiver.  If we fail to exercise or enforce any right or provision of these Terms, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the relevant party;
    • Severability.  If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions;
    • Assignment.  These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GÂRDEN without restriction. Any assignment attempted to be made in violation of these Terms shall be void;
    • Survival.  Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 6, 7, 9, 10, 11, 13, 14, and 15;
    • Entire Agreement.  These Terms, which incorporate the Terms of Sale and the GÂRDEN Privacy Policy, is the entire agreement between you and GÂRDEN relating to the subject matter herein and will not be modified except by a writing signed by authorized representatives of both parties, or by a change to these Terms made by GÂRDEN.