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AGREEMENT AND USER ACCOUNT
The relationship between the Supplier and the User will start at the moment of the reception of the confirmation email. The service is reserved to people above 18 years of age.
1.2 The User won’t be able to use accounts of third parties to enjoy the Services, nor he/she will be able to give its credentials for accessing the account to others. In any case, the User will be considered as the only one responsible for any activity undertaken through its own account, with an exception to the cases in which it can be proved that others have used the account without the User’s permission, and the User has taken all the necessary measures to prevent the use of its account by third parties.
1.3 In case of violations or unauthorized use of his/her account, the User has to communicate it immediately to the Supplier, who will allow him/her to adopt appropriate measures, included the disabling of the account, if necessary.
- User obligations
- not put in place a behaviour that can bring damages to the application, the Services and their use by third parties;
- not using the Services in a way that can put in place violations of applicable laws and regulations, and not behaving in ways that: i) incite hate, violence and/or discrimination; b) are considered offensive, or detrimental to someone else’s reputation; iii) are in contrast with public order and good sense;
- to exclusively use the Services for private purposes and without commercial objectives;
- to not violate third parties’ rights through the Services, such as intellectual and industrial property rights, name and image rights, personal data rights, etc.
- to use the content published on the application by other users within the limits and procedures allowed from the functionalities and the Services and always within the Supplier’s platform, if not differently permitted by the Supplier.
- to pay the indicated amount of money to the Supplier for the activation of a paid subscription within the terms and modalities described in the Economical Offer.
2.2 In case of violation of one of the above-mentioned points, the Supplier has the right to adopt the measures that he finds more appropriate and that could also consist in the immediate suspension or cancellation of the user account, or in the removal of the content or other materials uploaded on the platform by the User.
- ECONOMICAL CONDITIONS
3.1 In order to make use of the basic services of the application, it is not necessary to purchase a paid pal.
3.2 Through the application the User will be able to activate paid subscriptions for the enjoyment of additional features.
3.3 The additional features are described in details in the Economical Offer that the User has to accept to activate his/her subscription; the subscription is activated when the User receives the confirmation email from the Supplier.
3.4 The price that the User has to pay periodically to the Supplier, the means used for the payment, and the relative terms are indicated in the Economical Offer. The User is aware that the activation of a subscription entails the recurring charge of the amount of money due to the Supplier on the chosen payment option. The charge will be automatic, without notice by the Supplier. If, for any reason, the payment will not be successful, the Supplier can suspend the fruition of the service from the moment of the due date by communicating it to the User via email; if after 30 days from the due date, the payment has not yet arrived, the Supplier will have the right to immediately dissolve the relationship relative to the paid service.
- USE OF THE APPLICATION CONTENT
4.1 The content that the Supplier makes available to the User, such as backing tracks, lyrics, trademarks or logos, etc., are exclusively owned by the Supplier or have been given into concession to him through licenses. Therefore, they are protected by the current regulations on rights of authorship and industrial property.
4.3 The User agrees to not circumvent or interfere with the technical measures of protection predisposed by the Supplier with the aim of regulating and limiting the use of the Services and of the content available on the platform.
4.4 The User is aware and accepts that other users might upload content or materials that he/she may find inaccurate, offensive, or unpleasant, and he/she renounce to any right to adopt legal actions or remedies against the Supplier.
- CONTENT AND MATERIALS UPLOADED BY THE USER
5.1 Through the Services, the User will be able to create, upload, and share with other users his/her audio, video or textual content and materials. The User is aware that, through the uploading and sharing, the content will be visible to the other users of the platform and cannot be considered as confidential.
5.2 By uploading content through the application, the User declares and guarantees:
- that he/she is an adult
- that he/she is the only owner of the uploaded content, and/or that he/she holds the necessary licenses and rights for the publication and diffusion of the content, even in the case in which third parties would be involved;
- that the content uploaded through the application do not violate patrimonial or personal rights of third parties (such as moral rights, image rights, honour, decency and/or reputation and/or confidentiality, rights of authorship, personal data protection rights), nor they convey content that is pornographic, offensive, that spread hate, violence or discrimination, or that are in contrast with the public order;
- the content uploaded are in line with the objectives of the Services and do not consist in: diffusion of advertising material; dispatch of unrequested or unwanted communications; proselytism activities; viruses or other files that can constitute a violation and/or a threat to the security and integrity of the informatic systems and devices used to enjoy the Services, spam diffusion, etc.
- the free use by the Supplier of the content, personal data, the user’s image, and of the image of third parties represented in the content cannot be opposed by third parties;
- that he/she is legitimate to grant a free licence to the Supplier for all the property and industrial rights necessary for a free publication of the content shared within the platform.
5.4 Through the registration and the upload of content, the User maintains his/her property rights on these materials, but, at the same time, he/she grants the Supplier with a free permanent license which is valid worldwide, transferable, non-exclusive and sub-licensable for the use, visualisation, reproduction, commercialisation, distribution, and the availability to other users from any location, and device of the content uploaded. The possibility of using the uploaded content for the promotion of the services in any format or media channel is included in this license. The User also grants the Supplier the license for all the rights contained in the uploaded content such as image rights, rights belonging to the artists, and executor of the music video, for any purpose, included those of commercial or promotional nature, without asking for a payment. Therefore, the User declares he/she will not demand anything for the licenses mentioned above, for the use that the Supplier makes for whichever initiative of the images represented in the videos uploaded through the application, and the uploaded video and its related personal data.
5.6 The User will be responsible for the content uploaded through his/her account and for the possible consequences originated from the uploading and sharing of the content within the platform.
5.7 The User can remove at any time the content and materials uploaded; from the moment of the removal the Supplier will not be able to visualize the content through the Services; however, the User is aware that the content shared with other users could have been copied and reproduced from third parties for purposes and modalities that are outside the control of the Supplier; therefore, the Supplier cannot be considered responsible for the use of the content by third parties both before and after the removal from the platform.
5.8 The Supplier reserves the right to remove, without any notice, the content uploaded, whenever someone notifies the violation of its own right and that notification will not appear unfounded, as set forth from the art. 7.
- CONTRACT RESOLUTION
- NOTICE OF THE VIOLATION OF THIRD PARTIES’ RIGHTS
7.1 If the User or third parties will verify a violation of their rights, such as intellectual or industrial property rights, name and image rights, personal data rights, they can notify the violation of those rights by sending an email to the address firstname.lastname@example.org. The email has to contain the following information:
- a) Indication of the content and materials violating their rights with all the information that allow the Supplier to identify them
- b) Indication of the rights violated, with relative documents that testify the ownership of those rights
- c) A copy of the ID and contact information of the User whose rights have been violated
- d) In order to avoid facing criminal consequences for false declarations, the User has to provide a declaration replacing the deed ofacknowledgement in which the he/she demonstrates to be the owner of the rights that he/she assumes are being violated, or to be legitimate to act for their protection
- e) A declaration in which the User guarantees that the content indicated violates his/her rights or the rights for which he/she was authorized to act from the legitimate owner.
7.2 The Supplier will transmit the notice received from the User, who will have 10 days to send his/her observations to the email address mentioned above.
7.3 If the notice does not appear manifestly unfounded, the Supplier reserves the right to suspend the content published until the final resolution of the controversy.
- GUARANTEES AND INDEMNITIES
8.1 The User accepts that he/she uses the application and the relative content under his/her own risk, and that the Services are supplied without any guarantee on their effective continuity, without the absence of errors and development deficiencies, and without their suitability to reach specific purposes. The Supplier, his employees, and any other subject linked to them decline any responsibility connected with the use of the Services and materials uploaded by users, with exception to the case of fraud and other crimes.
8.2 The User accepts that the Supplier, his employees and collaborators cannot be considered responsible, and cannot be object of demands advanced from third parties for damages, losses or expenses derived from:
- False declarations given by the User at the moment of his/her registration, or later;
- Mistakes or viruses present in the content uploaded from the User;
- From the lack of custody of the credentials necessary for the User to access his/her personal account;
- From the violation of the rights of third parties through the User content, such as intellectual and industrial property rights, name and image rights, etc.;
- From the publication of libellous, offensive or illegal content;
8.3 The owner will not be responsible, in any case, for the damages that the User might have:
- From the interruption or suspension of the supply of the Services for circumstances not attributable to the Supplier;
- From the diffusion through viruses, Trojan, etc. and other informatic threats that are exclusively ascribable to third parties.
- MODIFICATION OF THE SERVICES AND MAINTANANCE
9.1 The Supplier can change the content and features of his Services at any moment, included the song catalogue available through the application, and he can substitute them with new Services, and interrupt the supply permanently, without the right for the User to advance any pretension against the Supplier.
9.2 The Supplier also reserves the right to suspend the supply of the Services to carry out maintenance or update interventions. In these cases, the scheduled intervention will be communicated to the User in advance.
- TERMINATION OF THE CONTRACT AND DURATION OF THE RELATIONSHIP
10.1 The relationship between the User and the Supplier, both in the case of the free use of the platform or the purchase of a paid plan, is permanent, with an exception for the case of termination of the contract, which follows the dispositions indicated in the next points:
10.2 The User can cancel the free Services or the subscription at any moment. In order to cancel his account, the User has to access his personal profile page and follow the relative procedure.
10.3 When the User wants to recede from a Subscription, it is implicit that the cancellation of that subscription will have effects from the conclusion of the period for which the subscription has been paid. As a consequence, the amount of money due for that period will regularly be charged from the Supplier and cannot be reimbursed.
10.4 The dispositions of the present article do not compromise the right of the consumer to recede from a subscription within 14 days from the purchase, in accordance from what is set forth in the following art. 11).
- TERMINATION OF THE CONTRACT BY THE CONSUMER WITHIN 14 DAYS FROM THE PURCHASE OF A SUBSCRIPTION
11.1 The User – if consumer – can ask the Supplier to cancel the subscription within 14 days from the date in which the paid plan has been activated. He/she can communicate his intention to recede by sending an email to email@example.com or by accessing his/her personal profile page and following the relative procedure.
11.2 Once the email with the cancellation request is received, the Supplier will immediately disactivate the subscription and, within the following 14 days, he will pay back the difference between the amount of money paid and that due for the supply of the Services of the paid plan until the date of the exercise of the right of termination.
12.2 The content shared through the hyperlinks are not sponsored, shared, and/or supported by the Supplier, with exception to those cases in which this will be obvious from the context.
- APPLICABLE LAW AND COMPETENT COURT
13.2 The User accepts the jurisdiction of the Court of Rome, with an exception to his/her right to act as a consumer in the Court of the place where he/she resides.
- PRIVACY INFORMATIVE
15.2 The Supplier can change the Economical Offer with the same modalities, by giving communication about these changes 30 days before they will be applied.
15.3 It is implicit between the parts that the above-mentioned changes will not have any effect on the relationships that have already come to conclusion.
16.1 The agreement between the parts is not meant to create a relationship of joint venture, agency, delegation, association, neither the User is authorized to act in the name or for the Supplier.
16.2 Considered the strictly personal nature of the account of the User, it is explicitly forbidden to give it to third parties or to transfer the rights and obligations that derive from it.
16.3 The User authorizes the Supplier, without the necessity of any other agreement, to transfer the contract or the rights and obligations deriving from it to other societies within his group or to subjects to which the company could be rented, transferred in the future or to those societies that will result from processes of fusion, division or incorporation.
16.4 This document and those that it recalls, included the Economical Offer, constitute the entire agreement between the Supplier and the User, overcoming any previous written or oral agreement.