CONCLUSION OF USER AGREEMENT AND ACCOUNT
1.2 The User will not be able to use the account of a third party to use the Services, nor will he be able to transfer his / her credentials chosen to the third party when activating the account. In any case, the User will be considered as the only responsible for any activity carried out through his account, subject to proof that the account was used against his will despite the precautions taken to prevent unauthorized access .
1.3 In case of violations or unauthorized use of your account, you will notify the Supplier without delay to allow the latter to take appropriate measures, including disabling the account where necessary
OBLIGATIONS OF THE USER
not to conduct behaviors that may cause damage to the Application, the Services and / or their use by third parties;
not to use the Services in such a way as to violate applicable laws and regulations or otherwise by conducting: i) inciting hatred, violence and / or discrimination; b) that are considered vulgar, offensive, detrimental to the honor and reputation of others; iii) in contrast with public order and morality;
to use the Services exclusively for private, non-profit or commercial purposes;
not to violate through the Services the rights of third parties, such as, but not limited to, intellectual and industrial property rights, the right to the name and image, the right to the confidential treatment of personal data, etc …
to use the content published through the Application by other users exclusively within the limits and with the methods from time to time permitted by the functionalities of the Services and in any case always within the Supplier Platform, unless otherwise permitted by the latter;
to pay the consideration due to the Supplier for the activation of a paid Subscription in the terms and with the procedures described in the Economic Offer.
2.2 The Supplier reserves the right to adopt, in case of violation of one of the previous points, the measures it deems most appropriate and which may also consist in the immediate suspension or cancellation of the User’s account, as well as at its discretion, in the removal of the content or other material uploaded by the User on the platform.
3.1 In order to use the Basic Services of the Application it is not necessary to recognize a specific payment to the Supplier.
3.2 Through the Application the User can activate paid Subscriptions for the use of additional features compared to the basic ones.
3.3 The additional features are described in detail in the Economic Offer that the User must accept for the activation of the Subscription; the subscription is activated with the receipt by the User of the confirmation email of the Supplier.
3.4 In the Econo Offer it is also indicated the price that the User is obliged to pay periodically to the Supplier, the means of payment and the related terms. The User is aware that the activation of a Subscription involves the periodic charge and without notice of the amount due on the chosen payment instrument. If for any reason the payment is not successful within the agreed terms, the Supplier may suspend the provision of the Service from the time of expiration, by notifying the User by email; after thirty days from the deadline, without payment having been received by the Supplier, the latter shall have the right to terminate the report relating to the Paid Service with immediate effect.
USE OF APPLICATION CONTENT
4.1 The contents that the Supplier makes available to the User through the Application, as an example but not exhaustive, the musical bases in MP3 or WAV format, as well as the texts of the songs, the brands or logos, etc …, are of exclusive ownership of the Supplier or have been granted in use to the latter by a license of his assignors; these contents must therefore be considered protected by current legislation on copyright and industrial property.
4.3 The User undertakes not to disable, bypass or otherwise interfere with the technical protection measures established by the Supplier in order to regulate and limit the use of the Services or the contents present on the platform.
4.4 The User is aware and agrees that through the Services will be visible content or materials uploaded by other users under their sole responsibility and that they may be considered inaccurate, offensive, indecent or unpleasant, giving up now to take any legal action or remedy against the Supplier.
CONTENT AND MATERIALS LOADED BY USER
5.1 Through the Services the User can create, upload and share with other users its own contents or materials, in audio-video or textual format. The User is aware that by uploading and sharing the contents will be visible to other users of the platform and can not therefore be considered confidential.
5.2 The User, by uploading the content through the Application, declares and guarantees:
to be of age;
to be the sole owner of the uploaded content and / or to dispose of the necessary licenses, rights and releases for the publication and diffusion of the contents, even if third parties are involved;
that the contents uploaded through the Application do not violate the property or personal rights of third parties, such as, for example, moral rights, image rights, honor, decorum and / or reputation and / or confidentiality , copyrights, rights to the protection of personal data, or convey vulgar, pornographic, offensive or inappropriate content to disturb children, which incite hatred, violence or discrimination or otherwise contrary to the law or the law ‘public order;
the contents uploaded are in line with the purposes of the Service and do not consist of: dissemination of advertising material; sending unsolicited or unwanted communications; proselytizing activities; sending viruses or other files that may constitute a violation and / or threat to the security and integrity of the computer systems and devices used to use the Services; spread of spam, etc …
that there are no rights or claims of third parties that however oppose the full and free use by the Supplier of the contents, as well as personal data and image of the User or third parties present or represented in such content;
to be entitled to grant a free license to the Supplier all the intellectual and industrial property rights necessary to allow the free publication of the content on the platform.
5.4 By registering and uploading the contents, the User, while retaining all rights to the contents thereof, grants to the Supplier a free, unlimited, worldwide license, free of charge, sub-licensable, non-exclusive, for the use, display, reproduction, marketing, distribution, making available to the public in the manner that the end user can access them in time and place individually chosen through any channel, of the content provided by the User, including the possibility of using such content for the promotion of the Services in any format and media channel. The User also grants to the Supplier all rights related to the content uploaded, as an example and not exhaustive, the rights on his image, the rights of artist, interpreter and performer of the music video, for any purpose also of commercial or promotional nature, without the Supplier or its assignees being obliged to recognize any form of compensation or indemnity in favor of the User. The User declares that he has no claim whatsoever for the license of the rights indicated above, for the use of the images represented in the videos uploaded through the Application and for the initiatives in which the Supplier or its successors will want to use the uploaded video through the Application and any personal data contained therein, considering itself fully satisfied with any advantages deriving from the possibility of spending the use of said video in the context of such initiatives in their own life of relationship.
5.6 The User will be solely responsible for the contents uploaded through his / her account and for any prejudicial consequences deriving from uploading and sharing them within the platform.
5.7 The User is free to remove the content and materials uploaded at any time; from that moment the Supplier will no longer display the content through the Services; the User is aware, however, that the contents shared with other users may have been copied and reproduced by third parties for purposes and with modalities placed outside the sphere of control of the Supplier; therefore the latter can never be held responsible for the use of the User’s contents by third parties both before and after their removal from the platform.
5.8 The Supplier reserves the right to remove, even without notice, any content if in relation to it a third party notifies the Supplier, pursuant to the following art. 7), the violation of one’s own right and such denunciation does not appear manifestly unfounded.
NOTIFICATION OF VIOLATION OF THIRD PARTY RIGHTS
7.1 If the User or third parties were to find a violation of their rights, having regard for example and not limited to intellectual or industrial property rights, the right to the name and image, as well as the right to the correct processing of personal data , can send an infringement notification to the address firstname.lastname@example.org containing at least the following information:
a) Identification of the works and / or material denounced, with the simultaneous indication of the information necessary for their easy identification by the Supplier
b) The identification of the rights that are assumed to be violated, accompanied by the publication of the documents proving the actual ownership of the rights
c) Copy of the identity card of the complainant and indication of the contact details from which it is easily possible to contact him
d) A substitutive declaration of affidavit, under penalty of criminal consequences for false or false declarations, in which the complainant certifies that he is the owner of the rights that are assumed to be infringed and / or to be entitled to d act for their protection
e) A declaration in which the complainant certifies to have in good faith that the denounced contents affect his rights or those for whose protection he has been authorized to act by the legitimate owners.
7.2 The Supplier will transmit the notification received to the interested User who will have ten days to send his observations to the address indicated in the previous point.
7.3 If the notification does not appear to be manifestly unfounded, the Supplier reserves the right to suspend the publication of the denounced content as a precaution until the final resolution of the dispute.
GUARANTEES AND MANLEVE
8.1 The User accepts that the use of the Application also in relation to the content uploaded is at his own and exclusive risk and that the Services are provided as they are, without any guarantee regarding the effective continuity of the Services or the absence of errors o programming defects or their suitability for the achievement of one or more specific purposes. With the exception of cases of willful misconduct and gross negligence and within the maximum limits permitted by the Law, the Supplier, its employees, and any other persons connected to it, decline any implicit or explicit responsibility related to the use of the Services or materials loaded by the users.
8.2 The User accepts that the Supplier and its employees and collaborators can not be held liable and will therefore be held harmless and held harmless from any actions, requests and claims of third parties for any damage, loss, expense and / or liability that may arise:
false statements made by the User at the time of registration or later in the course of the relationship;
from errors or viruses present in the contents uploaded by the User;
from failure to keep the credentials to access the User’s personal account;
from the violation through the contents of the User of rights of third parties, such as for example intellectual and industrial property rights, right to name and image, etc …;
from the publication of defamatory, offensive and / or illegal contents.
8.3 The Owner will not in any case be liable for damages that may arise to the User:
from the interruption or termination of the supply of the Service for fact not attributable to the Supplier;
from the diffusion through the Service of viruses, trojans and other cyber threats for fact attributable exclusively to third parties.
MODIFICATION OF SERVICES AND MAINTENANCE
9.1 At any time the Supplier will be free to modify the contents and functionality of its Services, including the repertoire of the musical works available through the Application, or to replace them with new services or to definitively interrupt the delivery without for this reason User can claim no claim against the Supplier.
9.2 The Supplier also reserves the right to suspend the provision of the Services to carry out maintenance and / or updating operations; in such cases the User will be notified in advance of the scheduled interventions.
WITHDRAWAL AND DURATION OF THE REPORT
10.1 The relationship between the Supplier and the User, free or paid, is intended for an indefinite period, unless terminated pursuant to the following provisions.
10.2 The User will be entitled to deactivate the Basic Service and / or the Subscription at any time. For deactivation, the User must access the User profile section of their account and follow the relevant procedure.
10.3 In case of withdrawal from a Subscription, it is understood that the decommissioning will take effect from the end of the current payment period with the consequence that the sums due for this period will be regularly debited by the Supplier and can not be reimbursed.
10.4 The provisions of this article do not affect the consumer’s right to withdraw from a Subscription within 14 days of purchase in accordance with the provisions of the following art. 11).
WITHDRAWAL OF THE CONSUMER WITHIN 14 DAYS FROM THE PURCHASE OF A SUBSCRIPTION
11.1 Within 14 days from the date of activation of a Subscription, the User – if consumer – can inform the Supplier of his wish to withdraw from the contract by sending an email to email@example.com or by accessing the User profile of his own personal account and following the relevant procedure.
11.2 Upon receipt of the notice of withdrawal, the Supplier will immediately proceed to disabling the Subscription and, within the next 14 days, to any reimbursement to the User of the difference between the amount paid and the amount due for the use of the Subscription Services until on the exercise date of the right of withdrawal.
12.2 The contents to which the hypertext links refer are in no way sponsored, shared and / or supported by the Supplier, unless it is otherwise different from the context.
APPLICABLE LAW AND JURISDICTION
13.2 The User accepts the non-exclusive jurisdiction of the Court of Rome, without prejudice to his right to act as a consumer before the Court of the place where he is a resident.
15.2 In the same way, the Supplier may change the content of its Economic Offer, giving at least 30 days’ notice.
15.3 It is understood by the Parties that the changes indicated above will have no effect on the reports already exhausted.
16.1 The agreement between the parties is not intended to create a joint venture, agency, representation or association relationship, nor under the agreement the User is authorized to act in the name and / or on behalf of the Supplier.
16.2 Given the strictly personal nature of the User’s account, it is expressly forbidden by the latter to transfer the contract or the rights and obligations deriving from it to third parties.
16.3 The User hereby authorizes the Supplier, without the need for a specific further consent, to transfer the contract or the rights and obligations deriving from it to other companies of his group or to the subjects to whom in the future it may be sold or leased his business or resulting from mergers, demergers or mergers.
16.4 This document and those referred to in it, including the Economic Offer, represent the entire agreement between the Supplier and the User, surpassing any other previous agreement, verbal or written.
SECTION BE ROCK
By uploading any content through the Application, the User declares:
to be of age;
to be the owner of all rights on the contents provided through the Application;
that videos uploaded via the application do not infringe rights, property or personal, of third parties (such as, for example, moral rights, rights of image, honor, decorum and / or reputation and / or privacy, rights copyright, personal data protection rights, publication rights or other) parts or convey vulgar, offensive content, likely to disturb minors, which incite hatred, violence or discrimination or otherwise in conflict with the law or public order;
that there are no rights or claims of third parties that in any case oppose the full and free use of the video and of the personal / image data of the User by Lisari S.r.l. and its partners.
The User undertakes to keep Lisari S.r.l. and SKY Italia S.r.l. and their claimants indemnified and unharmed by any claim or disruption of third parties that however conflict with the declarations, guarantees and obligations assumed here. The User is aware that the registration and sending of a video through the Application does not give the right the publication of the related content within the Application itself or on any other connected platform; Lisari S.r.l. reserves the right to select, at its sole discretion and in agreement with its business partners, the videos to be published within the Application and on the other platforms eg, as an example, the site and the official application of the XFactor telecast; the publication of the video does not imply any approval or endorsement of its content by Lisari S.r.l. and / or its business partners or release the User from the responsibility for the contents uploaded and the rights granted to Lisari S.r.l.
Information pursuant to Legislative Decree 196/2003
Your personal data which can be found in the video and other materials uploaded by you through the Application (hereafter referred to as “Data”) will be processed by Sky Italia S.r.l. with or without the aid of electronic tools and any possible software, including through their communication, for the purposes of the assignment.
The Data will be processed within Sky exclusively by employees and / or collaborators belonging to the offices involved for one of the purposes set out in this statement. Said employees and / or collaborators act as “Trustees” of the treatment, following specific instructions regarding confidentiality. The Data may also be processed by third parties who perform related activities, instrumental or to support those of Sky and of which Sky can use in carrying out its activities. The Data may also be disclosed, for management and control purposes, to companies belonging to the corporate group to which Sky belongs, as well as to subsidiaries, parent companies or associates of the aforementioned companies (the companies belonging to the group now called and the subsidiaries, parent companies or associates now called, individually and all together, hereinafter the “Companies”) and / or third parties for all the purposes referred to in the Transfer. The Data may be sent in Italy or abroad to suppliers, consultants and physical or legal entities that collaborate in the commercial activity of Sky and / or the Companies. At any time you can exercise the rights referred to in art. 7 of the Legislative Decree 196/2003 transcribed below, by contacting the data controller Sky Italia S.r.l. via Monte Penice 7, 20138, Milan – ref: Privacy – Assignment Rights: “1. The interested party has the right to obtain confirmation of the existence or not of personal data concerning him, even if not yet registered, and their communication in intelligible form. // 2. The interested party has the right to obtain the indication: // a) of the origin of the personal data; // b) of the purposes and methods of processing; // c) of the logic applied in case of processing carried out with the aid of electronic instruments; // d) of the identification details of the owner, the managers and the designated representative pursuant to article 5, paragraph 2; // e) of the subjects or categories of subjects to whom the personal data may be communicated or who can learn about them as appointed representative in the territory of the State, managers or agents. // 3. The interested party has the right to obtain: // a) the update, the correction or, when vi has interest, data integration; // b) cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed; // c) attestation that the operations referred to in subparagraphs a) and b) have been made known, including as regards their content, to those to whom the data have been communicated or disseminated, except in the case where fulfillment proves impossible or involves a use of means manifestly disproportionate to the protected right. // 4. The interested party has the right to object, in whole or in part: // a) on legitimate grounds, to the processing of personal data concerning him / her, even though they are relevant to the purpose of the collection; // b) to the processing of personal data concerning him for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication “.
Information provided pursuant to art. 13, Legislative Decree. 30 June 2003 n.196 “Code regarding the protection of personal data”
In compliance with the provisions of Legislative Decree no. 196/2003, with this information we provide information on the types, purposes and methods of processing of personal data of the user of the Karaoke One Application which for the purposes of processing their data are of the quality of data subjects; User data refers to the data provided when creating the personal account necessary for access to the Supplier’s services or by uploading and sharing audio-video content and other materials through the Application.
Supplier of the Application and Data Controller is Lisari S.r.l., with registered office in the court of the Adorni, n. 6, C.A.P. 73100, VAT number 04653920753, email firstname.lastname@example.org
1) Data subject to treatment
The data that are the object of treatment are:
Navigation data: the IT systems and the software procedures used to operate the Application acquire some data whose transmission is implicit in the use of Internet communication protocols (by way of simplification only, IP address, domain names of devices through which users connect to the site, the URI notation addresses – Uniform Resources Identifier of the requested resources, the system logs, etc …). These data are used for the sole purpose of obtaining anonymous statistical information on the use of the application and to check its correct functioning. This information is not collected for the identification of users, although it cannot be excluded that, through the normal process of processing and crossings with data held by third parties, it is possible to identify the user. The data could be used to ascertain responsibility in the case of hypothetical computer crimes against the Data Controller or third parties. The provision of such data is necessary for the use of the Application and the use of the related services.
Data provided by users during the registration process: by completing the registration form available on the Karaoke One platform, the user will create his own personal account. The data provided voluntarily by the user will be collected, including, but not limited to, the name, surname, date of birth, e-mail address, profile picture, and data related to the payment instruments used. The data necessary for registration and to be able to use the services provided through the Application will be marked with a special asterisk. The refusal to provide such data will make it impossible to use the Application and its services. The provision of data not marked with an asterisk is instead purely optional and their non-conferment does not affect the completion of the registration procedure or the use of the services of the Application.
Data provided voluntarily by users with the upload of audio-video content and other materials: through the application the user can upload audiovisual content and other materials that contain personal data such as the image of the interested party. The provision of such data by the user is optional, even if the person concerned can decide not to upload any material on the platform.
Users’ sensitive data will not be collected or processed.
2) Purposes of treatment
The processing of data by the Owner is finalized:
the supply, management and control of the Services provided through the Application;
the fulfillment of obligations established by applicable laws and regulations, as well as by instructions given by authorities authorized by law and by supervisory and control bodies;
to inform interested parties by email about new initiatives or commercial offers related to the services already used.
The interested party has the right to oppose at any time the receipt of emails sent for the purposes referred to in letter c), by writing to email@example.com or by clicking on the appropriate hypertext link present in each communication and following the related procedure.
Personal data will be processed by employees, consultants and collaborators of the Controller from time to time appointed as Distributors or Responsible for the treatment. At any time the interested party can ask the Data Controller for a complete list of persons appointed from time to time by sending a request to the following address: corte degli Adorni 6, 73100, Lecce, Italy.
The data may also be communicated to associated and controlled companies and / or third parties for the performance of tasks and functions strictly connected with the purposes of the processing, after being appointed to the Manager or Appointed where necessary.
In case of sale or lease of the company, as well as in the case of merger, incorporation or corporate demerger that interests the owner, the data may be disclosed to the buyers or tenants of the company or to the parties resulting from mergers, mergers or demergers, in order to allow the continuation of the relationship with the user.
The interested party is also aware that by posting any content through the Application the personal data present therein, such as the image of the interested party, will be visible to all users of the platform. The interested party is therefore invited to carefully evaluate the personal data he wants to share with other users, before publishing any content. In particular, the User is aware that: a) the published data could be copied and used by other users for purposes not relevant to the use of the services of the Application and in any case placed outside the sphere of control of the Data Controller; b) even after the removal of any content published through the Application, it is not possible to exclude that other users retain a copy for purposes and purposes placed beyond the control of the Data Controller.
3) Methods of data processing and storage of the same
The processing of data will take place with procedures and procedures strictly necessary for the pursuit of the purposes for which they were collected, manually and / or with the aid of electronic tools.
To avoid the loss of data, illicit use or incorrect use of the same or unauthorized access have been taken appropriate security measures in accordance with the provisions of Articles. 33 and following of the Privacy Code.
The data are stored on servers located in Italy and in the availability of the owner.
The data will be kept only for the time necessary in relation to the purposes indicated in the previous art. 2); after this period, the data will be deleted or made permanently anonymous.
4) Rights of the interested party
The subject may exercise at any time the rights referred to in Article 7 of Legislative Decree 196/03 by contacting the Data Controller at firstname.lastname@example.org. In particular “1. The interested party has the right to obtain confirmation or not of personal data concerning him, even if not yet registered and to them in intelligible form. // 2. The interested party has the right to obtain the indication: // a) of the origin of the personal data; // b) of the purposes and methods of processing; // c) of the logic applied in case of processing carried out with the aid of electronic instruments; // d) of the identifying details of the owner, the managers and the designated representative pursuant to art. 5, paragraph 2; // e) of the subjects or categories of subjects to whom the personal data may be communicated or who can learn about them as appointed representative in the territory of the State, managers or agents. // 3. The interested party has the right to obtain: // a) updating, rectification or, when interested, integration of data; // b) cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed; // c) attestation that the operations referred to in subparagraphs a) and b) have been made known, also as regards their content, to those to whom the data have been communicated or disseminated, except the chaos or in which such fulfillment proves impossible or involves a use of means manifestly disproportionate to the protected right. // 4. The interested party has the right to object, in whole or in part: // a) on legitimate grounds, to the processing of personal data concerning him / her, even though they are relevant to the purpose of the collection; // b) to the processing of personal data concerning him for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication “.
5) Third-party data
The user is solely responsible for the communication and dissemination of personal data of third parties through the Application. The user is therefore invited to evaluate very carefully the content of the materials published through the Application, making sure you have previously obtained all the necessary authorizations and disclaimers from the interested parties in the event that the published materials contain personal data, such as the image, referring to third parties.