Terms of use

1. General terms and conditions

1.1 Use of website

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law. Through the use of the services provided by S.C. Dans Antren Voie Buna you agree that you will not upload or post any content that may be deemed to be defamatory, degrading, or otherwise unlawful, or that may constitute an infringement of any copyright or other proprietary right.

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website ourown.ro (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

S.C. Dans Antren Voie Buna S.R.L. is a limited company in Romania, str Andrei Popovici nr.18 bl. 8A, 011724, Sector 1, Bucharest, registered under VAT Nr: RO 26146833, Trade Registry J40 / 10530 / 2009. In this document the owner company of this website (ourown.ro), S.C. Dans Antren Voie Buna SRL is referred as DAVB.

The term “Service” is used for the provided supply from S.C. Dans Antren Voie Buna to the customers. This term has different meanings, depending on which kind of client you are (e.g. Artist, Shop or WebUser). For Artists the service is provided as a platform to share their media and news. Shops are provided with the distribution service. Finally, WebUsers are provided with news and relevant info’s a about booking and distribution.

1.2 Proprietary rights

ALL CONTENT provided by DAVB is protected by copyright, trade marks, or other proprietary rights and laws, unless it is mentioned otherwise by DAVB you agree not to sell, license, rent, transmit, modify, distribute, copy, reproduce, publicity display or perform, publish, adapt, edit or create derivative works from such Content.

1.3 Privacy

When you sign up for the service we may collect information we ask you for, like your username, password, e-mail address, date of birth, gender, postal code, and country. If you connect to the Service using your ourown.ro credentials, you authorize us to collect your authentication information, such as your username, encrypted access credentials, and other information that may be available on or through your ourown.ro account, including your name, profile picture, country, hometown, e-mail address, date of birth, gender.

When you use the Service, we automatically collect certain information, including: (i) information about your type of subscription and your, (ii) interactions with the Service, including with songs, playlists, (iii) User Content you post, upload and/or contribute to the Service, (iv) technical data, which may include the URL you are coming from, your IP address, unique device ID, network and computer performance, browser type, language and identifying information, transactional information enabling digital rights management, operating system, and ourown.ro application version; and (v) location information. If you have connected your account to ourown.ro, we may receive similar information related to your interactions with the Service on ourown.ro.

1.4 Guaranty disclaimer

In addition to the Terms and Conditions listed on our website, DAVB Products and Services does not make any representations or warranties about the service or installation provided by any installer or remodeler located on or through the website. Your use of this site and your choice to use an installer or remodeler listed through our site, is at your own risk. DAVB specifically disclaims any liability for any injury or other damages resulting from your choice to use information and or installers/contractors obtained here.

1.5 Hosting, links and website errors

No responsibility is taken by DAVB for the failure or delay in removing damaging, inaccurate, or offensive material. DAVB does not guarantee the safety of any material contained within or downloaded from the website and shall incur no liability for damage caused to your computer system or data. The links to third party sites within this website are provided solely for your information. DAVB does not endorse, or accept liability for, any content or downloads within sites which you may access via a hyperlink from our website. In addition we do not accept liability in connection with any downloads contained within our website.

1.6 Newsletter subscription

By providing your email address and clicking 'Sign me up!'' you are agreeing to receive our regular e-newsletter and special offer emails from ourown.ro. You can unsubscribe or opt-out at any time if you don't find them interesting and you'll only get messages about things that we've chosen especially for you.

1.7 DAVB disclaimer

DAVB cannot guarantee that visitors to this site will follow these Terms and expressly disclaims any and all liability arising from or relating to any failure to comply with such Terms & Conditions. DAVB does not represent or guarantee the truthfulness, accuracy, or reliability of any Content posted by writers or users. You acknowledge that any reliance on material posted will be at your own risk. If you notice any violations of these Terms & Conditions please contact@ourown.ro with details of such a violation.

1.8 3rd party disclaimer

DAVB is not responsible for the content of external websites.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of material on our site other than that set out above, please address your request to contact@ourown.ro

1.9 Copyright

The copyright of the material on this site is held by DAVB as owner of ourown.ro. All material published on this website is DAVB copyright and is protected under law. Copyright© 2014 Dans Antren Voie Buna. All rights reserved.

1.10 Changes of terms and conditions

n using ourown.ro you agree to our terms and conditions stated below, if these terms and conditions change and you persist to use this website you have agreed to these changes and or modifications.

1.11 Applicable law and jurisdiction

Any claim relating to DAVB web site www.ourown.ro shall be governed by the laws of the Romania without regard to its conflict of law provisions.

The Romanian courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Romania.

Terms and Conditions for artists

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law. Through the use of the services provided by S.C. Dans Antren Voie Buna you agree that you will not upload or post any content that may be deemed to be defamatory, degrading, or otherwise unlawful, or that may constitute an infringement of any copyright or other proprietary right.

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website ourown.ro (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

Any material you upload to our site will be considered non-confidential and non- proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards.

3. Terms and conditions for shops

3.1 General

The deliveries, services and offers of the seller are based exclusively on these terms and conditions from DAVB. These conditions are accepted after submittal of an order or at the latest with receipt of delivery of the ordered goods or services. Opposing business and/or purchasing conditions of the buyer will only be accepted if they were agreed upon formally and in writing. Special agreements and additions of the contract are legally ineffective, as far as they were not confirmed in writing by the DAVB management. In case of use of the delivered goods patent rights of third parties are to be considered.

3.2 Offers

All offers are not-binding and noncommittal. Illustrations are noncommittal. Misprints are subject to occur. Improvements or changes of services are permissible, as far as they are reasonable for the buyer under consideration of the interests of DAVB. No obligatory reservations or delivery commitments are made and/or met. Information (e.g. by email or telephone) of availability represent no delivery commitment and justify no requirement of the buyer for delivery. DAVB is at any time justified to partial deliveries and services. Further requirements of the buyer due to delay are excluded.

3.3 Prices

The prices and fees are to be taken from the newest catalog or the Internet. All prices are in Euro. When ordering from third parties such as resellers over the internet the prices in the appropriate currency, specified there apply. Incorrect quotations (computer errors or misprints) are subject to occur.

3.4 Resignation/conversion

A whole or partial resignation is possible, as long as the order was not yet processed. DAVB does not take responsibility for resignation requests which were not received in time. With belated resignation the buyer is obligated to accept the goods. A subsequent resignation or conversion is up to amiability of DAVB. Conversions or returns may only be sent after authorization has been given by DAVB and will not be accepted if sent without sufficient postage. Subsequent resignation/conversion decreases the value of order purchase, which can involve further fees.

3.5 Delivery terms

The delivery of all DAVB items usually occur from our pressing plant in Germany, Optimal Media GmbH. The delivery occurs at expense and risk of the buyer. DAVB does not make any delivery commitments of any kind, in particular not regarding scope and period of delivery especially for back stock orders from Bucharest. In the case of payment/delivery in external trade relations all costs, expenses, tariffs, fees, export duties are to be paid by the recipient. In particular transfer fees from foreign countries are to be paid only from the buyer. When DAVB exports the purchasers goods, then the buyer that ordered has to consider the respective legal export regulations.

3.6 Delivery acceptance

When accepting parcels please pay attention that the package is not damaged. In case of damage or assumption of damage, please check in presence of the postman and have the damage confirmed with the postman's name. Under no circumstances accept damaged parcels because that automatically implies the immaculate receipt of the parcel for the postal service.

If the Buyer fails to give shipping instructions or refuses to accept delivery, DAVB shall be entitled at its absolute discretion either to arrange storage on behalf of the Buyer (in such case DAVB is entitled to charge all the storage costs of the relevant warehouse and all other incurred costs) or store the Products himself (in such case DAVB is entitled to charge for each day thereafter up to the amount of 2 per cent of the price of the given Order and all other incurred costs). Upon placing goods into storage in either of the above ways risk in the goods shall pass to the Buyer. All charges for storage, insurance or any resulting damage or additional expenses shall be paid by the Buyer within 30 days of submission of an invoice.

3.7 Passage of risk

The risk devolves to the buyer, as soon as the parcel was handed over to the person implementing transport, or when it left the seller's storage for shipment. If dispatch is delayed by the buyer's request, the risk devolves to him with the message of readiness for dispatch.

3.8 Guarantee

All details to applicability, processing and usage of our products were made to the best of our knowledge, but that does not acquit the buyer of their own tests and trials. The buyer must investigate the goods, as far as reasonable, after receipt, by test processing it's condition and purpose of use. Otherwise the goods are counted as accepted. In retail a full guarantee is given. That means, repairs, exchange or replacements occur at the expense of DAVB.

3.9 Force majeure

If DAVB is unable to deliver on time due to force majeure the time for delivery shall be extended and DAVB will quote the Buyer a new delivery date on a best efforts basis. Alternatively the DAVB may terminate the Order and shall not in any event be liable to the Buyer for any direct, indirect or consequential loss or damage. Force majeure events shall include but are not limited to mobilization, war, civil insurrection, terrorism, acts of government, non-granting of required export permissions, epidemics, riot, explosion, accidents, flood, fire, sabotage, shortages of means of transport fuel or energy shortages or delay or accident in shipping or transportation, strike, lock-out, raw material shortages, restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, lack of transportation, interruption of electricity and forces of nature.

3.10 Adhesion/damage

The Buyer shall inspect the Products immediately upon delivery. In respect of damage which could have been caused during transportation and which such a reasonable inspection would reveal the Buyer must deliver to the DAVB a shipping document executed by both the Buyer and a representative of the shipping agent stating the nature and scope of the damage.

DAVB is not responsible for damage, which occured by DAVB products, gross negligence or intention can be proven. We are only liable for financial damages in case of intention. Upon taking delivery or receipt of shipping documents, the Buyer shall check the Supplies and shall notify the carrier with a copy to DAVB of any damage caused to the Products. DAVB will only be liable for claims for damages, positive contract violation, unapproved actions, organizational faults, fault of contract conclusion, if they or their auxiliary person in cases of intention or gross negligence.

n respect of volume deficiencies the Buyer must notify DAVB within 48 hours providing reasonable documentation to back up such claims.

In respect of hidden defects the Buyer must notify the DAVB upon them becoming apparent or at latest within two calendar months of the date of delivery.

DAVB shall not be liable for:

DAVB is entitled to be reimbursed for expenses or damage incurred during the examination of a Buyer’s claim (for example travel or shipping expenses) if the claim proves unjustified.

3.11 Retention of title

DAVB reserves the right to keep or own the delivered goods and services until completion of all payments from the business deal liable to the buyers claims or developing claims, of any kind or any legal kind. With reading invoice the reserved property applies as safety of the demand for balance.

3.12 Terms of payment

All invoices are due immediately and without deduction, unless not explicitly agreed upon in writing. If interest and further expenses for collection have incurred, the payment will first be imputed to the expenses, then to the interest and last to the main claim. The buyer is only entitled to set-off or reduction if the counterclaims have been validly determined. Partial deliveries and services can be charged separately. A payment is only considered as completed when the claim has been credited to the bank account of DAVB. DAVB is not responsible for misdirected or missing currencies. DAVB is justified to the immediate resignation from the supply agreement, if DAVB finds out that the credit-worthiness of the buyer is questionable. If DAVB continues to hold to the contract, we are entitled to demand pre-payments, a bank guarantee or securities. The buyer carries the entire expenses for collection, any court and additional fees. Assertion of retaining rights or the set-off with any counterclaims of the buyer are excluded, unless the requirements of the buyer are validly determined.

DAVB shall be legally and beneficially entitled to the ownership of any goods until payment of all debts owed by the Buyer to the DAVB and all invoices drawn by DAVB against the Buyer, whether then due for payment or not. Until such payment, and subject to the following provisions, the Buyer holds the goods as the bailee of the DAVB and owes to DAVB the normal fiduciary obligations of a bailee by way of custody in respect of the goods.

3.13 Penalties

DAVB shall not be bound to proceed with or deliver any Order whilst the Buyer is in delay in payment of a previous invoice to it from DAVB. Any Products produced for the Buyer but withheld shall be at the risk of the Buyer. The DAVB may charge storage costs for each day delivery is withheld up to the amount of 2% of the price of the Order. Alternatively DAVB may terminate the Order.

3.14 3rd party shipping terms and conditions

The delivery of all DAVB items usually occur from our pressing plant in Germany, Optimal Media GmbH. The delivery occurs at expense and risk of the buyer. Data about shipping fee is collected from shipping provider and based on your last orders.

If you have further questions on the shipping costs please don’t hesitate to contact@ourown.ro.

Usually the shipment is provided from Optimal Media GmbH by TNT Interantional. Please check out the terms under: http://www.tnt.com/corporate/en/site/home/help/termsofuse.html.

4. Information collected

4.1 General

If our site, or any product or service offered through our site requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else's account at any time without the permission of the account holder.

4.2 Information collected from ourown.ro users

4.2.1 Personal data

We may collect and process the following data about you: information that you provide by filling in forms on our site ourown.ro (our site). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. If you contact us, we may keep a record of that correspondence. We may collect details of transactions you carry out through our site and of the fulfilment of your orders.

4.2.2 IP address and cookies

Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual. For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

Please note that our advertisers may also use cookies, over which we have no control.

We use information held about you in the following ways:

5. Privacy: usage and protection of personal data

5.1 General

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

5.2 Collecting, processing and using the data provided by you

When you visit ourown.ro site and you are asked to provide information, you only share this information with DAVB except where clearly indicated to the contrary. Some services are, however, provided in conjunction with affiliated companies, and for the provision of these services, DAVB may share your personal information with its affiliated companies in Romania. If a company other than DAVB receives your personal data, you will be notified before this operation takes place. In any case, the transfer of personal data to another company will only be carried out with your express authorization.

The information you enter on forms on DAVB websites will only be sent to DAVB once you have clicked the "Send" or the "OK" button. You can halt the transfer of data at any time by quitting the form screen, i.e. by closing your web browser prior to clicking the "Send" or the "OK" buttons; no information will then be sent to DAVB.

Please bear in mind that message boards and Internet sites linked to our sites could obtain some of your personal information. We would remind you that DAVB’s Privacy Policy does not apply to these message boards or to these other sites, as we have no control over their activities.

5.3 Using your personal information

The personal data you submit to DAVB allows us to process your orders, and provide you with the customer, and technical support services, and, if you wish, to inform you of our new products, updates and/or competitions, promotional offers and special events.

Finally, we can use your personal data to generate internal statistics for marketing, consumer profiles or demographic research, etc. to tailor our products and services to satisfy your requirements. Our aim is to better understand and serve our clients.

5.4 Sharing your personal Information

As a general rule, DAVB will not forward your information to a third party, unless you or a legal representative will approve this in a document and submit it by mail or by e-mail, on our request. In this case we may divulge this data to third party vendors in response to a product order or to add you to a vendor’s commercial bulletin circulation list. In some cases, we can also disclose this information if our License Agreements or Terms of Service have been violated or if, in all good faith, we judge it is legally justified. In this case we will be forced to use and maybe forward your personal information to the legal authorities (including financial authorities) or to any of the following: accountant, auditors, lawyers or to any other external advisers or to any third-party entities (IT-Systems contractor, financial organizations or others). Also we have the right to hand over your personal information to the legal entities every time required by law, or every time we need to be able to fulfill our rights provided by law, or to act in court for any illegal activity.

As with any business, your personal information is also an asset of DAVB and will become part of our normal business records. As such, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, your personal information may be transferred to DAVB’s successor or assignee.

Your personal information will only be used on Romania’s territory and won’t be transferred to any entity outside of Romania.

5.5 Your rights concerning the collection, use and distribution of your personal data

DAVB allows you to monitor the way in which we use the personal information we obtain. Any promotional materials which DAVB may send to you (e.g. "newsletters" or "special offer emails") contain internal mechanisms that allow you to block future mailings (Opt-out).

You can also contact us if you wish to change the way in which we use your personal information, i.e. whether DAVB, the parent company or any subsidiary company can send you e-mails or standard mail regarding our products or services.

In the future, such data allow us to keep you informed of our activity. According to Law no. 677/2001, you benefit from the right of access, of intervention on the data, the right of not being subject to an individual decision. You have the right to oppose the processing of personal data that regard you and to request that such data be erased. For exercising such rights, you may address a written, dated and signed request to DAVB str Andrei Popovici nr.18 bl. 8A, 011724, Sector 1, Bucharest. Your right to go to law is also recognized.

By submitting your personal information to us you confirm that you have been informed about this privacy statement regarding the use of your personal information. These are going to be processed, stored and used, as described in the actual document. You also agree that you are in full knowledge of any of the articles of our policy and that you are agreeing to each one of them. By submission of your personal information to us you also agree that we will use these as stated above and below, during the duration of operation of DAVB.

You can contact us at the following address: Dans Antren Voie Buna SRL, str Andrei Popovici nr.18 bl. 8A, 011724, Sector 1, Bucharest, Romania. You can also reach us by email under contact@ourown.ro. Please state which services or publications you no longer wish to receive so that we can respond to your needs more effectively.

5.6 Level of security applied to your personal information

DAVB deems it a point of honor that the information you send us should be protected and should remain in its original form, i.e. unaltered. In this respect, access to all private data is strictly monitored. Furthermore, we will do our utmost to ensure that the third parties to whom we may forward this information provide sufficient guaranties of security with regard to this personal information.

5.7 Amending or reviewing your personal information

If, for any reason, you are concerned about the way in which we collect your personal information, if you wish to access, amend or correct it, or if you want us to delete it from our servers, please contact DAVB through one of the methods mentioned above. Please note that the deletion of your data will lead to the termination of your account and applicable services.

6. Concerns

If you have any questions or concerns about privacy policies or the material, which appears on our site, please contact contact@ourown.ro