General Conditions of Service Provision
BETWEEN
- Preludio S.r.l., whose registered office is in viale Monza 169, 20125 Milano, in the person of its legal representative p.t. Mr Andrea Thomas Gambetti, VAT number: 12700120152,
(hereinafter called "Provider")
And
- the User, major of age, who is requesting the provision of the Provider’s services and products as offered on the site://www.preludiomusiclibrary.com.
(hereinafter called “User”)
Premise:
A. The Provider is a company which operates in the Internet sector, and is the owner of a Web site under the public name http://www.preludiomusiclibrary.com, in which it places at the public’s disposal, in digital format, music works of various genres (hereinafter named “Work(s)”, in various commercial forms, for a valuable consideration and free of charge, for the purpose of synchronization with other original works for commercial/advertising use by professionals and companies.
B. For fulfilment of the aforesaid service the Provider places at the User’s disposal a telematic system which can be activated through special form on the site http://www.preludiomusiclibrary.com, named Licensing Libraries Service”, which includes logical and software systems for managing the contractual relation, activated on the same site, useful for consulting, listening (streaming) and downloading the files containing the Phonograms requested by the User.
C. The feasibility of the operations provided is bound to a correct use, by the User, of the Internet web, of the processing, and of the software involved.
D. The Provider is the owner or the licensee of the rights necessary to allow the uses requested by the User with the Contract. The aforesaid Work may belong, as to its ownership, both to the Provider and to third parties. In any case the Provider has acquired all the rights required for the licence of the Phonograms within the terms established in the Contract, except when otherwise specified in the site.
E. With the Contract the Parties intend to regulate the relation between each other within the limits and the terms therein.
IT IS HEREBY AGREED AND STIPULATED AS FOLLOWS
Art. 1 – Effect of the Premise
1.1 The premises form an integral part of the Contract the same as the other clauses.
Art. 2 – Definitions
2.1 For the purposes of the Contract the Parties agree and declare to assign to the after-mentioned terms the meaning singly specified for each of them:
• Author: the holder (or the holders) of the rights of economic use conferred by the law on the Works for the purposes of this agreement.
• Data Bank: special bank of data for the cataloguing and consultation of the works in digital format acquired by the Provider for the purposes of the Contract, as well as the information related to them which may be associated.
• Communication to the public: the exclusive right, ex art. 16 LDA, of wire or wireless communication of the work to the public, whose subject is distance diffusion means of communication, such as telegraph, telephone, radio broadcasting, television and analogous means, and including communication to the public via satellite and cable broadcasting, as well as encoded systems with particular access conditions; it also includes placing the work at the public’s disposal so that everyone may have access to it from the place and at the time they may choose.
• Contract: this agreement.
• Registration Data: the User’s data inserted to fill in the registration forms which are in the Site, in order to obtain access to the Site’s services.
• Rights: the rights of economic use (ex art. 12-19 LDA) on the Phonograms granted by licence in art. 6 of the Contract.
• Downloading: the reproduction of the Phonograms placed at the public’s disposal in digital format by the Site’s server on the User’s server, so to consent a permanent copy of the Phonograms.
• Phonograms: the first fixations/recordings of the sounds coming from an interpretation or performance or other sounds or other representations of sounds, realized with any method and/or on any support, carried and/or recorded and/or reproduced and/or diffused through any instrument and/or means, on and/or by sound and/or voice carriers, of interpretations/performances of music works with lyrics, original and unpublished, of light music made by interpreter performer artists. In this contract they refer to the fixations of the Works.
• LDA: Italian Law on Copyright 1941, n. 633.
• Placement: at the public’s disposal: the form of communication to the public on demand provided by art. 16 LDA, consisting of interactive communication of original works to a distant public, such as, by way of example, downloading and streaming.
• Works: the music works, fixed on phonogram, of which the Provider is the holder or licensee and which are some of the products or services provided by the Provider; they are offered as files in various digital formats.
• Registration Procedure: it is the registration procedure which is in the Site, whose subject is collection of the User’s identifying and informative data required by the Provider for providing the Phonograms. Once this procedure has been completed correctly, the User is given an access code (hereinafter named "Password") and an identification code (hereinafter named "User Name").
• Producer: the holder or licensee of the rights of phonographic production of the Phonograms, as provided by art. 78 and ff. LDA.
• Provider: Preludio S.r.l., whose registered office is in viale Monza 169, 20125 Milano, in the person of its legal representative p.t. Mr. Andrea Thomas Gambetti.
• Synchronization: matching of phonograms and/or parts of the same with other intellectual works such as – by way of example – the following: adverts (radio, television, film, diffused by closed circuit), audiovisual works generally speaking, works printed on support (DVDs, CD-ROMs, compilations), Web sites, non-advertising television or radio programs (channel promos, signature tunes, breaks, backgrounds for reports and news, backgrounds for promotions), soundtracks of cinema works and other similar works.
• Site: the Web site registered under the http name://www.preludiomusiclibrary.com abovementioned in the premise.
• Streaming: placement at the public’s disposal of the Phonograms in digital format from the Site’s server, so that the User may listen to the Phonograms on his own computer, without being able to memorize them permanently.
• SILVER tracks: the Phonograms indicated as SILVER on the Site, with special Silver graphic icon, of which the Provider grants the synchronization rights also at the conditions set forth in the Contract in art. 6.1 comma C).
• User: he who accesses the Site, identified by means of unequivocal passwords and user ID’s assigned with prior registration procedure with the same Site by means of special form, in consequence having faculty to dispose of the Phonograms as specified in the Contract, for the agreed uses. It exclusively means who works professionally or entrepreneurially in the sector as advertising agency , event / promotion / P.R. agency, New Media / Web Agency, video production house, audio production house, TV production company, film production company, record company / music publisher, radio broadcasting station, TV broadcasting channel, theatre company, entrepreneur, foundation / association.
• Commercial use: synchronization of phonograms intended for commercial or professional activities, such as those indicated, including but not limited to, in art. 2195 c.c.: industry, intended for production of goods or services, brokering in goods circulation or transport, via ground, water and air, banking or insurance, intellectual professions, businesses which are auxiliary to the ones listed above, as practised by the User according to the business declared.
• Advertising Use: synchronization of phonograms meant for informative commercial communication of any form of message that is released, in any way, in the practice of a business, an industry, a craft or a profession in order to promote the transfer of movable and immovable property, the provision of works or services or the constitution or the transfer of rights and obligations on them.
Art. 3 – Authentication Credentials
3.1 The credentials of access to the services which are the subject matter of the Contract are assigned to the User at the time of his on-line registration by means of special form on the Site, confirmed by an e-mail of successful registration and composed of (a) an identifying code corresponding to the e-mail account and (b) an identification password of maximum 12 alphanumeric characters , freely elected by the User. The e-mail account and the password elected at the time of his registration can be modified by the User at any moment and with no limitation. The registration form includes some compulsory information (hereinafter indicated with “*”) and optional, that is: name*, surname*, data of birth*, gender*, e-mail*, telephone number*, Skype contact, kind of company*, company name*, company address*, company Post Code*, city where the company has its offices*, company phone number*, company Web Site*, applicant’s position in the company*.
3.2 The services offered by the Provider are personal, therefore the User has assumed at the time of assignation the obligation to keep the aforesaid credentials with due diligence, neither to communicate them nor to transfer them to third parties and to maintain them reserved, in order to prevent unauthorized accesses; in the event that, due to any reason, including theft, the credentials should become known to third parties, the User shall have to inform the Provider immediately, so that the Provider can replace them. In the event that the User can no longer access the site inserting his registration data, or he is no longer able to modify his password, he shall have to communicate the problem immediately using the contacts on the Site.
3.3 The user assumes personal responsibility for the data declared in the registration forms and for the consequences which may arise from false declarations. In case of non-correspondence to truth of the data declared by the User in the registration form, the Provider reserves the right not to validate or to invalidate the User from access to the Site and to the related services, without any obligation of notice or motivation and shall have the right to adopt the appropriate legal measures.
3.4 All the data provided by the Users in the above-described registration procedure will be treated by the Provider in accordance with the provisions set out in the page named “Privacy”, present in the Site.
Art. 4 – Contract Conclusion
4.1 The User who has obtained the authentication credentials as specified in art. 3 will have access to the services A) and B) as described in art. 6.1.
4.2 The service C), as described in art. 6.1, can be activated by option key at Site page “http://www.preludiomusiclibrary.com/p/richiesta-account-11-p.htm”. After the request has been made, the User will be sent an e-mail with all the indications in order to undersign the acceptance of service C) conditions. In case of acceptance of the filled model, payment will be required through one of the modalities selected previously. In confirmation of the occurred registration of payment the order model will be sent telematically and automatically to the Provider via e-mail. Once the Provider’s server is in telematic receipt of the order model, if it has been correctly filled out in every part, the Contract shall be considered entered into and fully binding between the Parties.
4.3 The User who is registered with service C) can choose the Phonograms (belonging to SILVER category) that he is interested in for synchronization from the Site pages, clicking on the special icon “Request Rights” at margin of every Phonogram title, in order to be able to request the same Phonogram in high resolution .wav format (see art. 6.1 comma C). Once the User has selected the Phonogram, a form to be filled in, where the User shall specify the kind of use requested, in addition to the data required to specify the single use, will appear. Once the User has filled in the form, he shall be able to forward his request clicking on the “SEND” icon or cancel what he has inserted clicking on “ Back” in his own browser. The selected Phonogram will be timely sent to the User by the Provider on receipt of the request form, correctly filled in. Concerning the Phonograms which are a different type from the SILVER tracks, the user may always contact, for each case, the Provider in order to request if it is possible to obtain the synchronization licence and at which conditions.
4.4 Since the pages of the Provider’s site, placed at the public’s disposal, contain in their completeness the essential facts which are required for the conclusion of the Contract, such facts are deemed as Provider’s contract proposal, in the form of public offer in accordance with art. 1336 c.c.
4.5 The User undertakes towards the Provider to print a paper copy of the Contract and of the order receipt, as stipulated and received by e-mail, and then to undersign them in the appropriate signature spaces, including underwriting of the inequitable clauses according to art. 1341 c.c., as well as keeping both the Contract and the receipt with due diligence, declaring himself to be willing and available to show and communicate the same (in copy or in original) to the Provider, at his request. In case of non-compliance with this commitment the User shall be considered civilly liable to the Provider and shall be held liable for any damage caused.
4.6 The Provider reserves the right to amend in any time these conditions by communication via e-mail to the User with at least a 30 (thirty) day notice. The User agrees that this communication might be made also by means of General Notices to the Users published on the Site. To make the above-mentioned amendments fully binding, they shall be deemed to have been accepted by the Client and fully binding only if he gives appropriate confirmation to the Provider by e-mail, which is acceptance of a new and different contract proposal.
Art. 5 – Revocation Terms of the contract proposal
5.1 In order to allow a correct management of the contract relation and of the related necessary administrative fulfilments by the Provider, the public offer of the Contract, limited to the procedure of licence of the high resolution Phonograms (as described in art. 6.1 comma C) is to be considered revoked during the summer weekday period (period starting from August 7th to August 31st of each year) and during the Christmas weekday period (from December 26th of each year to January 6th of the year immediately following); appropriate notice about such revocation will be given in the area of access to the service on the Provider’s site.
5.2 The Provider’s proposal shall regain validity the first working day following such terms, by means of appropriate notice in the area of access to the services on the Site.
Art. 6 – Licence on the Phonograms and on the Works
6.1 The User obtains:
A) from the time he forwards the data by means of the registration form present on the Site, the possibility, for 24 (twenty four) hours from the appropriate and successful forwarding of the data, to log-in to the site and to listen to the Phonograms in streaming in low resolution .mp3 format, that is inferior to 128 kbps;,
B) from the time when the data forwarded in the registration have been processed by the Provider, who has verified the truthfulness thereof and has confirmed it through notice sent by e-mail to the address declared, the possibility to download, since confirmation of the registration, the Phonograms in 128 kbps medium resolution .mp3 format, in addition to the right of making synchronizations as set out in art. 6.2;
C) from the moment when the confirmation of registration occurs, referred to by art. 6.1 comma B), the right to undersign the subscription procedure set out at page “http://www.preludiomusiclibrary.com/p/richiesta-account-11-p.htm”; under such subscription, the User obtains, in addition to the rights set out in the previous commas A) and B), the following rights, for 1 (one) calendar year from the accomplishment of the subscription:
a) to make synchronizations in accordance with art. 6.3;
b) to request the Phonograms (belonging to the SILVER tracks category) in 44 kHz – 16 bit high resolution .wav format for making synchronizations in accordance with the provisions of art. 6.3.
6.2 In the afore-said case B) the User will be granted licence on the Phonograms and on the Works for the following rights:
I) non-commercial and non-advertising use of the Phonograms and of the Works means:
a) making a back-up copy and placing the Phonograms and the Works on file according to needs at the only purpose of personal copy, archiving, search or resources management. Any copy or file created must include a copyright note in compliance with art. 7.1;
b) reproducing the Phonograms and the Works on multimedia supports (except for Web pages and sites), excluding commercial or advertising uses, provided that such use doesn’t allow redistribution or reutilization of the Phonograms. Any copy created has to include a copyright note in compliance with provisions of art. 7.1;
c) modifying or altering the Phonograms and the Works according to need for personal non-commercial and non-advertising use, on condition that such modifications or alterations don’t create a derived work. Any Phonogram or work created by such modifications has to include in any case a copyright note in compliance with the provisions of art. 7.1;
d) making synchronizations of the Phonograms and of the Works, excluding commercial or advertising uses, provided that such use tale doesn’t allow redistribution or reutilization of the Phonograms and/or of the Works and is not communicated or distributed in any way to third parties. Any copy created has to include a copyright note in compliance with the provisions of art. 7.1;
e) using the Phonograms and the Works for all the other uses expressly approved by the Provider or by the Author;
f) that commercial or advertising uses of the Phonograms and of the Works in any case are not allowed, both auto-promotional and in favour of third parties;
g) that it is not allowed to grant subordinate licence, distribute, transfer or sell the Phonograms and the Works or the rights on the Phonograms and the Works;
h) that it is not allowed to subject to reverse engineering, to decompile, convert or disassemble any part of the Phonograms;
i) that it is not allowed to copy or reproduce the Phonograms and the Works, except as specifically provided by this art. 6.2;
j) that it is not allowed to transcribe in stave or in any other form of transcription the Works which are fixed in the Phonograms;
k) that it is not allowed to remove the notes concerning copyright, the marks, the electronic information about the regulation of the rights or the technological measures of protection of the rights wherever they may be in the Phonograms;
l) that it is not allowed to use the Phonograms and the Works to compete with the Provider;
m) that it is not allowed to use the Phonograms and the Works in a product or a service through which the Phonograms and the Works may be used separately from the product or the service itself;
n) that it is not allowed to use the Phonograms and the Works in any downloadable format meant for multiple distribution, including, by way of example, models, Web site models, software products, etc.;
o) that it is not allowed to use the Phonograms and the Works in any way which may be considered defamatory, pornographic, offensive, immoral, obscene, fraudulent or illegal, prejudicial to the Author’s honour and reputation, both modifying the Phonograms or the Works, and owing to juxtaposition with a text or other images or in any other way;
p) that no non-personal use of the Phonograms or of the Works is allowed, as well as on-line broadcasting or any form of sending, including personal addressing via telematic systems, thus via e-mail too; q) that the allowed uses have a duration of 1 (one) calendar year starting from the User’s date of registration with the Site (therefore the date of licence contract conclusion); such licence is subject to tacit yearly renewal, except for express notice from the user by e-mail to the declared addresses, without any obligation of motivation, as provided by art. 11.4.
6.3 In the afore-said case C) the User will be granted licence on the Phonograms and on the Works for:
II) commercial non-advertising use, as specified by comma I) in addition to the right of commercial use – but not advertising use – of the Phonograms and of the Works, both auto promotional and in favour of third parties. In this case the commercial use always implies the obligation, of the User, to communicate opportunely to the Provider, by means of e-mail to the declared addresses:
a) the Phonogram chosen;
b) the time of use of the Phonogram in the work synchronized;
c) the title of the work synchronized with the Phonogram.
6.4 Further uses of the Phonograms and of the Works, also for purposes forbidden according to the above-mentioned licences (such as advertising purposes), may be agreed between the User and the Provider filling in the special preventive application form at page "Request Licence" or directly contacting the Provider.
Art. 7 - Modalities of execution of the licence
7.1 The Provider has inserted, in form of file title and of metadata annexed to the file, electronic information about the regulation of the rights to show in the communication of the Phonograms to the public and in their placement at the public’s disposal and in every reproduction. This information indicates:
a) the title of the Work;
b) the name and surname or stage name declared by the authors and the corporate name of the publisher (if any) by means of the “©” symbol;
c) the corporate name of the producer, specified with the indication “(P)” followed by the year of production;
d) the name and surname or stage name declared by the interpreter performer artists having a primary role;
e) I.S.R.C. code (International Standard Recording Code) of each phonogram.
7.2 The above-said information will have to contain the indications related to the terms or to the conditions of use of the Phonograms or of parts thereof; such information is to be considered irremovable by anyone who is not the lawful holder of the rights. In case of forgery the perpetrator thereof shall be held responsible under the civil and criminal aspects provided by the applicable laws.
Art. 8 – Compensation
8.1 It will be possible to download / stream for free the products which expressly specify so, in a low /medium resolution format, as specified in art. 6.1 for the service B). To perform these operations free of charge it will be sufficient to be registered Users as set forth in art. 3.1. For the other uses of the Phonograms, or for obtaining the Phonograms in a high resolution format (see art. 6.1 comma C), the following contract conditions shall be valid.
8.2 The synchronization licences of the Phonograms are granted by the Provider to the Users against payment at the prices indicated, on the User’s request of estimate (according to the modalities specified in art. 13), denominated in Euro and including VAT at 20% as well as all duties and expenses applied. On acceptance of the estimate the Provider will release proper licence in written form for the uses required.
The subscription service with right to obtain the Phonograms in high resolution format (see art. 6.1 comma C) is provided by the Provided against payment at the price established and communicated by e-mail, denominated in Euro and including VAT at 20% as well as all duties and expenses applied .
8.3 Possible additional expenses and delivery expenses vary according to the quantity and typology of the licences and of the Phonograms ordered and will be specified in the estimates at the end of the licence request procedure.
8.4 Once the User has accepted the estimate proposed by the Provider (as provided by art. 8.2), the Provider shall send the User appropriate invoice. The User will have 60 (sixty) days from the date of invoice issue to make the payment of the sum which has been invoiced, through bank transfer on the A/C account whose IBAN code is: IT27 A 05584 01659 000000002298.
Art. 9 - Rights on the Site
9.1 The Site (meaning, by way of example, graphic elements, design elements, trademarks) is safeguarded by the laws applicable in the subjects of copyright, trademarks, patents and other sole rights, as well as by the other applicable laws.
9.2 The Site owner places at the public’s disposal (in interactive form on demand) the Web Site itself and its contents, in addition with this regulation he grants the User a licence limited for reproduction and visualization of the pages of the Site (excluding any software code) solely for personal use and use of the related services; thus the User is deemed to be excluded from any right which is further and different from those specified in the articles of the Contract, except for different express written agreement between the User and the holder of the rights.
Art. 10 – Forbidden Activities
10.1 The Site reserves the right, at its unquestionable decision, to consider and bring the appropriate legal actions against those who violate the conditions of this regulation, including complaint to the competent authorities. Merely by way of example a list of the activities which are illegal or not allowed in the Site and during use of the Site’s services follows:
a) illegal activities according to the applicable laws (national and international), including crimes linked to pedopornography, frauds, exchange of obscene material, illicit traffics, gambling, threats and molestations, spamming and spimming, diffusion of viruses or other damaging files;
b) advertisements or promotions addressed to any User, registered or not, aimed at purchase or sale of any product or service through the Site’s services, except for those expressly authorized by the Site;
c) use of any information obtained through the Site’s services in order to contact, advertise, promote or sell products or services to other users (registered or not) without their explicit consent;
d) any automated use of the system, including use of scripts for sending comments and messages;
e) interferences, interruptions or overload of the services of the Site or of the networks or of the services linked to the Site’s services;
f) attempts to personify another User or another person.
10.2 The User undertakes therefore not to copy, reproduce, alter, modify or disclose the contents of the Site, differently from the provisions of this contract, without express authorization, in written form, by the Site or third parties which may be holders of the rights on such contents.
Art. 11 – Information about the right of withdrawal, its excludability. Registration withdrawal. Express resolution of the Contract
11.1 The User who is a natural person and who stipulates the Contract holding the status of consumer in accordance with art. 3 of D.Lgs. 206/2005 (namely he who acts for purposes not related to the company or professional business practised) has the right to exercise, without any obligation of motivation and without any penalty, his withdrawal within and not beyond the term of 10 (ten) working days from the conclusion of the contract (as provided by art. 4 of the Contract), by means of registered letter with return receipt which he has to send by mail service to the Provider. In alternative the right of withdrawal is allowed, if there are the conditions, by means of notice by e-mail, telegram, telex or fax, which has to be sent within the same term of 10 (ten) days, provided that an appropriate registered letter with return receipt is sent within the following 48 (forty eight) hours, by mail service, to confirm the exercise of the right of withdrawal. The acknowledgment of receipt is not to be considered an essential condition to prove the exercise of the right of withdrawal.
11.2 The consumer User could not in any case exercise the right of withdrawal for the performances of services of which the provision has already been started within 10 (ten) days from the conclusion of the contract (as defined in art. 4 of the Contract), in accordance with art. 55, c. 2, lett. a), of D.Lgs. 206/2005. Acceptance of the conditions herein implies the consumer’s agreement to the service provision before the 10 days provided by the law for exercising the right of withdrawal. Also art. 55, c. 2, lett. c) of D.Lgs. 206/2005 is however to be deemed applicable, since it can be considered that its subject is goods which can not be sent back, for which the right of withdrawal (in accordance with art. 64 of D.Lgs. 206/2005) is not applicable.
11.3 Independently of the afore-said right of withdrawal provided by the law, the registered User always has the right to cancel his registration with the Site, sending an e-mail headed “Cancellation request” , without any obligation of motivation. The Provider shall opportunely remove the User’s data from his user database. The request of cancellation in any case shall not be considered a withdrawal from any orders or requests of products or services made to the Provider.
11.4 The User in any case can always withdraw his registration as set out by art. 3. Such withdrawal has to be exercised by the user by sending an e-mail to the Provider with express request of withdrawal, without any onus of motivation. Consequently the Provider shall opportunely cancel the User from the register of his registered users, as confirmed by the User himself by means of e-mail, thus ceasing the User from the use of the Site’s services described in art. 7.
11.5 The Provider may rescind this and any other consequent contract with the User in accordance with art. 1456 cod. civ., in the event of Client’s non compliance with the provisions of arts. 3, 7, 8, 9 and 11 of the Contract, whereas the Provider’s rights to the payment of compensation accrued in his favour at the date of resolution and to any compensation for damages suffered remain safe and unprejudiced.
Art. 12 – Provider liabilities
12.1 The Provider refuses any liability as regards behaviour, both on-line and off-line, of the users (registered or not) who use the Site’s services.
12.2 Il Provider refuses any liability related to mistakes, omissions, interruptions, cancellations, faults, operative or transmission delays, communication lines failures, theft, destruction, non authorized access or forgery of any communication made by the users (registered or not), as well as in relation to any technical problem or setback of telephone networks or lines, on-line processing systems, servers or providers, information devices, software, e-mail or reproduction software errors due to technical problems or to high traffic on Internet of the Site’s services or of a combination of these factors.
12.3 The Site’s Services are provided according to their technical availability; the Site doesn’t guarantee continuous supply, sure, without mistakes or interruptions; the Provider can not guarantee or promise the achievement of specific results owing to the use of the Services and of the Phonograms, in addition to what is established in this agreement.
Art. 13 - Communications
13.1 All the communications from the Provider to the User will be made, at the Provider’s exclusive choice, by electronic mail, ordinary mail or by telephone / fax to the addresses given by the User during the Registration Procedure.
13.2 All the communications from the User to the Provider shall have to be made by electronic mail to the following address: info@preludiomusic.com.
Art. 14 – Technical Requirements of the User
14.1 Before making every request of the afore-said service the User must verify that his own electronic and telematic instruments, which will be used as described for performing what has been requested, have the minimum necessary requirements (software and hardware) for its appropriate use.
14.2 The Provider does not assume any responsibility for any non-fruition or incorrect fruition which may derive from the lack of the specified minimum requirements.
Art. 15 – Applicable Language
15.1 The parties agree that they want to apply to the Contract and to every relation regulated and resulting between them Italian language solely, except for any different agreement between the parties which must be made in written form under penalty of nullity.
Art. 16 – Applicable Law and resolution of litigations
16.1 The parties expressly agree to apply to the Contract, as well as to all relations regulated, resulting, deriving or in any case linked to it, also with reference to execution, cancellation, rescission, withdrawal, Italian Substantive and Procedural Law.
16.2 For the disputes which should occur on the basis of this relation the competent Judicial Authority shall be, without possibility of derogation, the Judicial Authority of the place of residence or domicile of the consumer User (as specified by art. 3 D.Lgs. 206/2005) in accordance with art. 63 D.Lgs. 206/2005. In case of non-consumer User Milan shall be deemed exclusive place of jurisdiction.
Art. 17 – General Provisions
17.1 The User declares on his own responsibility to be major of age, resident and/or domiciled in Italy.
17.2 The Contract annuls and replaces any other previous agreement, oral or written, occurred between the Parties and having the same subject. Any modification to the Contract shall be valid and binding only if proposed and approved in writing by the Parties.
17.3 In the event that one or more provisions of the Contract should be void, this shall not affect the applicability of the remaining provisions.
17.4 The Parties elect their domicile for any purpose related to the Contract, including any judicial notifications and sending of communications, to the addresses indicated in the heading of the Contract and to those given by the User to the Provider at the time of registration with the Site. Each Party shall have to communicate opportunely to the other any change of domicile.
17.5 The provisions of D.Lgs. 206/2005 (Consumption Law, in particular section II “Distance Contracts”), and of D.Lgs. 70/2003 (Reception of the Directive on Electronic Trade) are applied, since they are compatible, to the Contract.
17.6 Existence of any other further contracts or agreements between the Provider and the User doesn’t determine any connection thereof to this Contract, thus each remains separate and autonomous, except in case one contract or agreement explicitly and functionally refers to another, but always within the limits of a correct literal interpretation thereof.
17.7 The User declares to have read, understood and accepted wholly the contractual conditions set out herein and agrees to keep them in written form or on another lasting support at his disposal and accessible to him.
_____________________________
In accordance with Art. 1341 C.C. the user declares to have read carefully and to approve and accept all the articles of this contract and specifically:
1 - Efficacy of the Premise
3.2 - Use of the authentication credentials
4 – Contract Conclusion , in particular art. 4.5 concerning obligation of written signature of the Contract
6 - Licence on the Phonograms and on the Works
7 – Modalities of execution of the licence
10 – Forbidden Activities
11 - Information about right of withdrawal, its excludability. Revocation of registration. Express Resolution of the Contract
12 – Provider liabilities
14 – Technical Requirements of the User
16 – Applicable law and resolution of litigations; Milan elected as exclusive place of jurisdiction