Terms of Service

Terminology: words beginning with a capital letter have the meaning defined in this article

Advertiser	the Role of a User who provides Content typically designed to persuade potential customers to purchase a product or to consume service
Content	resources such as audio and video uploaded to the Platform, integrated with metadata and made available to Users at conditions specified in a Licence
Creator	the Role of a User uploading Content to the Platform
Distributor	the Role of providing Content End Users
End User	the Role of a User who consumes Content
Identity	the User Name and Password pair that uniquely identifies a User in one or more than one Role
Licence	a licence issued by a User (licensor) to another User (licensee)
Mandatory Information	information required by the Platform for a human to become a User
Optional Information	information that may be required by a Platform Service for a User to access a Platform Service
Usage Information	information generated by a User with his actions and interactions
Platform	the Information and Communication Technology (ICT) platform providing digital media marketplace services
Professional User	the Role of a User who does business in the Platform other than consuming Content
Registration	the acquisition of an Identity
Role	a media marketplace function performed by such Users as Creators, Advertisers, Syndicators, Distributors, End Users etc.
Syndicator	the Role of a User licensing Content to Distributors
Terms of Use	(this document) laying down the rules that Users and Visitors must follow to do business in the Platform
Usage Information	information generated by a User with his actions and interactions
User	a human playing a Role in the Platform
Visitor	an End User without Identity
Company	the company running the Platform

If you wish to be a Visitor and passively view the subset of the Content that does not require registration you need not register

If you wish to become a Professional User you must register
As part of the registration you will be asked to ACCEPT these Terms of Use
By accepting these Terms of Use you will consent to and will be bound by these Terms of Use
Company reserves the right at any time to change these Terms of Use by posting such changes on the Company home page
You must be 18 years or older to become a User
When you Register, you will be asked to select a Role. Selection of the End User Role is free, however, restrictions may apply to other business Roles, including Creator
You may have a different Identity for each Role you play in the Platform or a single Identity for some or all of your Roles
You accept that it is your sole responsibility to maintain the confidentiality of your Identity/ies and that you are responsible for all activity that occurs under it/them
You agree to notify Company immediately of any unauthorised use of your Identity and any other breach of security upon becoming aware
When you Register, you will be asked to provide Mandatory Information about yourself. This will only be used by
- Company, its subcontractors, employees, agents and advisors in the process of administering your membership
- Users when doing business with you
When you register or when you do business with other users, you may be asked to provide Optional Information about yourself such as like your age, address, interests etc. In some cases you have the option not to provide the requested Optional Information at the possible cost a degraded service level but in other cases refusal to provide the requested Optional Information may result in the impossibility to receive the requested service. Optional Information will only be used by the party you provide it to and for the purpose stated at the time you provided it
You have the choice to have the Optional Information provided to Company communicated to other Users.
Mandatory, Optional and Usage Information will be kept private and confidential and will not be passed on to third parties. However, Company, at its sole discretion, may disclose Mandatory and/or Optional and/or Usage Information to the police, regulatory bodies or any legal advisers in connection with any activity related to suspected breach of these Terms of Use, including but not limited to any claim of infringement by you, or otherwise where required by law.
You agree to hold harmless and indemnify Company, its employees, agents, representatives and other strategic partners from and against any third-party claim arising from or in any way related to your use of the Platform, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney's fees, of every kind and nature.
All copyright, trademarks, service marks and other intellectual property rights in the Platform (including the design, arrangement, and look and feel) and all material or content supplied as part of the site, other than Content, shall remain at all times the property of Company, its affiliates, associated companies, and/or licensors.
The names, images and logos identifying Company are proprietary marks of Company, its associated companies and/or affiliates. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark or service mark of Company, its associated companies and affiliates, or any third party unless expressly stated otherwise
You shall be solely responsible for your own content and the consequences of uploading, posting or licensing said content. In connection with all content that you upload to Company, you affirm, represent and/or warrant that:
- You own, or have the necessary licences, rights, consents, and permissions to use all patent, trademark, trade secret, copyright or other proprietary rights in and to said content, including without limitation any musical recordings contained therein
- You have the written consent, release, and/or permission of each and every identifiable individual person in any uploaded video to use the name or likeness of each and every such identifiable individual person in the manner contemplated by the website and these Terms of Use
When you upload or post content to the Platform you will
- Issue an "Asset Rights Ownership Declaration Form" whereby you certify that you own full rights to that content and discharge Company of any liability
- Determine the terms and conditions at which you allow use of your content by Platform Users
Company does not claim ownership of the materials you post, upload, input or submit to the Platform
It is your responsibility as a Distributor to make sure that Content you distribute is suitable for the intended viewership.
When you upload and post content to the Platform, you remain the sole owner of the rights to that content and Company does not claim ownership of the materials uploaded or posted. It is your responsibility to find one or more than one Platform User that can help you distribute that content for eventual consumption by granting them appropriate Licences or to assume yourself the Role(s) that enable you to achieve that goal.
As long as you license your content for use in the Platform, the Platform will make sure that Platform Users comply with the Licences you or your licensees have granted. Unless special agreements exist between Company and external environments, the Platform will not be able to enforce or even trace the usage of content that you may have licensed to such external environments.
You may remove a content item that you have uploaded to Company at any time. When you do so, such deleted content will no longer be visible to other Users of the Platform but will be kept by Company for the records. Licences of content that you or your licensees have granted to other Users will not be superseded by your removal.
The content on the Platform is the property of the rights holder defined by and exercised according to the Italian Copyright and trademark laws, foreign laws, and international conventions.
You may not engage in the unauthorised use, copying, or distribution of any Content items. The Platform has been designed to maximise the legitimate use of Content and you should be able to get a licence for your own specific needs.
Any rights not expressly granted herein are reserved.
Company will not share personally identifiable information about you with any third-party except upon your recorded authorisation or as required by law.
Users may monetise aggregated statistical information created by the Users they do business with.
Please note that the information, software, products and services included in, or available through, the Platform are continually being updated and upgraded. Company does not represent that they are reliable, accurate, complete, or otherwise valid. ACCORDINGLY, THE PLATFORM IS PROVIDED AS IS WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. Company EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESSED OR IMPLIED, REGARDING THE PLATFORM OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY.
Company does not warrant that the functions contained in this site will be uninterrupted or error free, that defects will be corrected or that this site or the server that makes it available are free of viruses or bugs. Company does not represent the full functionality, accuracy or reliability of any material. Company may terminate, change, suspend or discontinue any aspect of this site, including the availability of any features of the site, at any time without notice or liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Company AND/OR ITS EMPLOYEES, AGENTS OR AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PLATFORM, WITH THE DELAY OR INABILITY TO USE THE PLATFORM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Company OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
These Terms of Use shall be governed by and construed in accordance with the laws of Italy. Disputes arising from these Terms of Use or your use of the Company website shall be exclusively subject to the jurisdiction of the courts of Turin, Italy. Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises
Company makes no representation that materials on this site are appropriate or available for use at other locations outside of Italy and access to them from territories where their contents are illegal is strictly prohibited. If you access this site from a location outside of Italy, you are responsible for compliance with all local laws