Terms and Conditions
Einführung
These Terms and Conditions (“Terms” or “Agreement”) govern access to and use of the services provided by Albanidis Dim. Konstantinos, operating through www.freespirits.gr und www.fspirits.com under the trade name Freespirits Webdienste (the “Company”, “Provider”, “we”, “our”, or “us”).
By accessing, registering for, ordering, activating, or using any of our websites or services, you (“User”, “Customer”, “you”, or “your”) acknowledge that you have read, understood, and unconditionally accepted these Terms.
If you do not agree with these Terms, you must not use our websites or services.
1. Scope of Services
1.1 The Provider offers technical infrastructure and related digital services, including (where applicable): web radio/streaming infrastructure, Hosting resources, account provisioning, control panels, and related technical support.
1.2 Unless explicitly agreed in writing, the Provider acts solely as a technical service provider and does not act as publisher, broadcaster, editor, producer, or legal representative of Customer content.
1.3 Service specifications (storage, bandwidth, limits, plan features, uptime targets, support scope, pricing) are defined on the applicable service page, offer, invoice, or order form.
2. Acceptance by Use
2.1 Any use of the websites or services constitutes immediate and unconditional acceptance of these Terms, as amended from time to time.
2.2 These Terms apply to all visitors, users, account owners, administrators, and any third party using services through a Customer account.
3. Customer Account and Security
3.1 You are responsible for providing accurate and complete registration and billing information.
3.2 You are solely responsible for all activity under your account, including activity by users to whom you grant access.
3.3 You must keep credentials confidential and immediately notify us of any unauthorized access or security incident.
4. Customer Responsibilities and Lawful Use
4.1 You agree to use the services only for lawful purposes and in compliance with all applicable laws and regulations.
4.2 You must not use the services for illegal, abusive, harmful, fraudulent, deceptive, infringing, or malicious activities, including (without limitation): phishing, malware distribution, unauthorized access, spam, or unlawful content dissemination.
4.3 You are solely responsible for your configurations, uploads, broadcasts, publications, and all transmitted/stored content.
5. Intellectual Property and Content Rights
5.1 You represent and warrant that you hold all necessary rights, licenses, permissions, and legal basis for any content you upload, store, stream, transmit, rebroadcast, or otherwise make available through the services.
5.2 You are solely responsible for obtaining and maintaining all required music/content licenses and neighboring rights clearances with any relevant collecting societies, rights holders, or authorities.
5.3 The Provider does not grant you third-party content licenses and does not provide legal licensing coverage unless explicitly stated in writing.
5.4 Upon request, you must provide sufficient evidence of your rights/licensing without undue delay.
6. Copyright Complaints and Takedown
6.1 If we receive a complaint or otherwise detect potential infringement or unlawful content, we may investigate and request information from you.
6.2 We may remove, disable, suspend, or restrict access to allegedly infringing or unlawful content/services, temporarily or permanently, with or without prior notice where legally justified or operationally necessary.
6.3 Repeated infringement or non-cooperation may result in service termination.
7. Fees, Billing, Upgrades, and Refunds
7.1 Service fees are billed according to the selected plan and billing cycle.
7.2 You agree to pay all applicable charges, taxes, and fees by the due date.
7.3 The Provider may revise pricing for future billing periods with prior notice as required by applicable law.
7.4 Upgrades/downgrades may be offered based on plan availability and may be prorated at our discretion or according to the applicable commercial policy.
7.5 Refunds, if any, are governed by the specific refund policy, order terms, or mandatory applicable law.
8. Service Availability and Support
8.1 We use commercially reasonable efforts to maintain service availability but do not guarantee uninterrupted or error-free operation at all times.
8.2 Maintenance, upgrades, emergency interventions, upstream provider issues, force majeure, internet routing incidents, DDoS events, third-party failures, or legal compliance actions may affect availability.
8.3 Support is provided according to the purchased service scope, support channels, and operating hours stated in the relevant plan or agreement.
9. Suspension and Termination
9.1 We may suspend or terminate access, in whole or in part, where we reasonably believe there is:
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breach of these Terms,
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legal/regulatory non-compliance,
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infringement allegations,
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abuse of infrastructure,
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security risks,
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non-payment.
9.2 In urgent or high-risk cases, suspension may be immediate and without prior notice.
9.3 Upon termination, your right to use the services ceases immediately. Data retention/deletion may follow our retention policy and technical/legal constraints.
10. Provider’s Intellectual Property
10.1 All Provider-owned materials (including website content, branding, layout, software elements, documentation, and service descriptions) remain the Provider’s intellectual property or that of its licensors.
10.2 Except as expressly permitted, you may not copy, reproduce, modify, distribute, reverse-engineer, or exploit such materials without prior written consent.
11. Privacy and Data Protection
11.1 Use of the services is also governed by our Privacy Policy and, where applicable, Data Processing terms.
11.2 Each party is responsible for its own legal obligations under applicable data protection law (including GDPR where applicable).
11.3 You are responsible for ensuring you have an appropriate legal basis for any personal data processed through your use of the services.
12. Warranties Disclaimer
12.1 Services are provided on an “as is” and “as available” basis, to the maximum extent permitted by law.
12.2 The Provider disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement, except where such disclaimers are not legally permitted.
13. Limitation of Liability
13.1 To the maximum extent permitted by law, the Provider shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, or business opportunities.
13.2 The Provider is not liable for Customer content, licensing failures, third-party claims related to Customer activity, or losses caused by third-party infrastructure/providers.
13.3 Where liability cannot be excluded, the Provider’s aggregate liability shall be limited to the total fees paid by the Customer for the affected service during the three (3) months preceding the event giving rise to liability, unless otherwise required by mandatory law.
14. Indemnification
14.1 You agree to defend, indemnify, and hold harmless the Provider and its affiliates, officers, employees, and partners from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:
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your content,
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your use of the services,
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your breach of these Terms,
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your violation of applicable law or third-party rights.
15. Changes to Services and Terms
15.1 We may modify, update, replace, or discontinue parts of the services from time to time.
15.2 We may amend these Terms. Continued use after the effective date of amendments constitutes acceptance of the updated Terms.
16. Governing Law and Jurisdiction
16.1 These Terms are governed by the laws of Greece and applicable European Union law.
16.2 Any dispute arising from or in connection with these Terms shall fall under the exclusive jurisdiction of the competent courts of Thessaloniki, Greece, unless mandatory law provides otherwise.
17. Severability and No Waiver
17.1 If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.
17.2 Failure by either party to enforce any right or provision shall not constitute a waiver of that right or provision.
18. Entire Agreement
18.1 These Terms, together with any applicable service-specific terms, order forms, invoices, acceptable use policy, privacy policy, and data processing terms, constitute the entire agreement between you and the Provider regarding the services.
19. Contact
For legal notices, compliance requests, and rights-related communications, contact us through the contact details published on www.freespirits.gr und www.fspirits.com.
