Mostiko Download Shop (legal mp3/videoclip/ringtone downloads)

On this page:

Your privacy
Conditions
Watermark and downloads

1. Protection of your privacy

Your personal data is only used for internal use and will never be transfered to third parties. Your personal data can be used to trace the original owner of illegal music files on peer to peer servers.If you agree to receive information of this website, the data will also be used to for direct marketing concerning Mostiko promotions to your email address.

Your personal data can only be used by Mostiko or fruityTECH. You will always have the right to change your data or to remove your data from our database. If you want to do this you can send a mail to info@mostiko.be or info@fruitytech.com and they will follow your request as soon as possible.

This website uses coockies, those coockies containing information about your unique download ID. To secure your personal data, SSL encryption is used to transfer your data to the server.

2. Terms and conditions

Section 1.- Application

The terms and conditions (hereinafter "Terms and Conditions") apply to the use of Mostiko Download Shop (hereinafter "MDS") and to the downloading of music (hereinafter "Title" or "Titles") from this website, through any means possible and to any carrier possible (CD, Hard Disk, etc.), by whomever (hereinafter "User").
By downloading Titles, the User agrees to a license agreement with the producer of the Titles. The conditions for this license are set out in section 4 of the applied Terms and Conditions.

Section 2.- Author's and Additional Owner's Rights

The User of this Website is acquainted with the fact that the Titles are protected by the author.s and additional owner's rights, according to Belgian Law of June 30th, 1994 concerning author.s and additional owner's rights (hereinafter "Author.s Law").

Section 3.- Title Format

The Titles are offered in the following formats: MP3 or OGG/vorbis.

Section 4.- License

By downloading the Titles from the MDS, the producer of the music grants the User the possibility to (within the limits of the technical provisions) save the Titles that are downloaded from this MDS on to his / her computer, and make a copy of the Titles for private use within the domestic circle (hereinafter "License"), onto whatever carrier possible.
The License is granted for the duration of the author.s and additional owner's rights to the Titles.

In spite of the application of Sections 21 and 22 of the Author.s Law, the User does not have the right to use the Titles or to the reproduction of the Titles as described hereinafter:

Reproduce the Titles outside the domestic circle or for purposes other than private use in the domestic circle
Share the Titles with third parties outside of the domestic circle, whether being paid for or not, irrespective of the means and purposes of the sharing. It is strictly forbidden to make the Titles accessible through the internet
To rent, lend, sell or exchange the Titles to whatever third party. The License is personal and is not transferable to third parties.
The User does not have the right to adapt, change or translate the Titles. In the case of loss or destruction of the carrier to which the Titlse were downloaded, the License will end by rights. The User is not entitled to call upon the License to make a copy of, or have, the Titles in his possession when they are not provided with the watermark (as mentioned in Section 6 of these Terms and Conditions). When a violation of the Terms and Conditions is found, the producer of the music can ask for a breaking of the License, without term of notice or financial compensation, by sending an e-mail to the e-mail-address reported (by the User) to fruityTECH bvba.

Section 5.- Price

The price for the License is as follows (excluding payment costs):
€ 1.50 per Title when downloading 1 to 9 songs
€ 1.20 per Title when downloading 10 or more songs

The above mentioned license costs will also incur payment costs at the time of purchase. The payment costs are 0.50 € for payement with Credit Card or 1.50 &Euro; for payments by SMS
The License is valid following payment.

Section 6.- Watermarking

The Titles will have an irremovable watermark, which will help us to identify the User. This watermark can be considered as electronic information related to the administration of rights, as described in section 7 of Guideline 2001/29/EG (Guideline concerning author.s rights). It is meant to allow fruityTECH bvba surveillance regarding the distribution of the Titles. The User will not be able to change or erase the watermark.

Section 7.- Liability of the User

The User must make sure that he keeps the carriers on to which the licensed Titles have been put, in his possession. The User will be held responsible in the case of illegal distribution of the Titles (that carry the watermark as described in section 6) amongst third parties. The User will also be held responsible for the damage suffered by fruityTECH bvba and any other rightful claimants of the music (SABAM, artist, producer) unless the User can prove that the distribution was a consequence of force majeure (or "circumstances beyond one's control"). In that case, fruityTECH bvba is authorized to claim financial compensation from the User, in accordance with the rules of common law. When applying this section, theft will not be considered as force majeure (or "circumstances beyond one's control").

Section 8.- Liability

Except in case of intentional foul play or grave mistake, fruityTECH bvba can not be held responsible for any damage resulting from downloading Titles or by the use of the downloaded Titles (by the User), in particular when it comes to damage done to the User's computer.

Section 9.- Applicable Rights and Authorized Courts

The Belgian law is exclusively applicable to the contractual relations between the User, the producers of the music, and fruityTECH bvba. The The District Court of Brussels is exclusively authorized in the case of a dispute between fruityTECH and the producer of the music and the User.