Terms of contract
Premise:
The Service provided in our Internet portal www.cubamusic.com is regulated by the following General Terms of the Contract governing its use in accordance with copyright regulations, regulations protecting e-trade users in Italy (inter alia.: Decree Law 70/03, Decree Law n. 185/99; Decree Law n. 50/92), and laws protecting privacy (L. n. 675/96 and Decree Law 196/03 from January 1, 2004).
1. Subjects of contracting relations
These General Terms of the Contract regulate the contracting relations between Cubamusic.com srl (Cubamusic Division), with registered office in Italy, 36100 Vicenza, Piazza Biade, 2 P.IVA 03190100242 (hereinafter called " Cubamusic.com ") and any other user (hereinafter called "The Client" ) using the Service proposed in Internet portal address http://www.cubamusic.com
2. Object of the Service
Internet Cubamusic.com portal places at the disposal of the public a selection of musical fragments, either to be listened to as a free of charge demonstration (to be specifically indicated) or to be purchased if downloaded (hereinafter called "download").
Upon payment of the indicated price for each fragment any Client can download the selected musical fragments among those available at the portal. This Service assumes the Client has the corresponding hardware and software available for the correct operation of this Service. Otherwise, the Service would not be operational and Cubamusic.com shall not be deemed liable for this.
3. Correction of data introduced and acceptance of liabilities.
The Client shall introduce in a precise, correct and complete way every data required with the purpose of implementing this contract and shall be liable for damages resulting from inaccuracy of data provided. In conformity with Article 7, paragraph 1c of Decree Law 70/03, any question, clarification and/or modification concerning such data shall be directly notified to Cubamusic.com to the following address: info@cubamusic.com
4. Conclusion of Contract
Inserted all the correct dates to buy, the payment is checked by the bank and, if accepted, the Contract has been executed. Of course, the right to download the musical fragments depends on the accuracy of credit card data and, especially, the credit worthiness of the user. Therefore, the user shall correctly introduce every data required. This Service shall not be provided if, once checked, information introduced is not accurate, correct or complete.
Then, Cubamusic.com shall send by e-mail, to the e-mail address provided by the Client, a valid document as purchasing proof of this Service. Therefore, the Client shall notify the correct e-mail address for the execution of this Contract and the use of this Service by the Client. In order to receive the purchase-proof document and the corresponding order, as well as to notify and solve eventual problems with the Service, the e-mail address shall be correctly typed. This depends on the Client's approval (likewise in conformity with art. 10 Decree Law n. 185/99) to receive notifications by Cubamusic.com aimed at granting this purchase-proof document and guaranteeing the best use of this Service and the Client's satisfaction.
5. Download modes and preservation of musical fragments
The download can be made also in a second time, but until the 24 hours of the payment. In this case the Client has to go into the Control Panel, putting in his login and password and looking for the “downloads”.
The downloading and mastering are of exclusive private use
(See Articles 11, 12 and 13 below).
6. Transparency of prices
The Service prices, VAT included (as provided by regulations in force), are those indicated at the portal at the time the order is placed by the Client and, evidently, shall remain the same until downloading operations conclude. Prices can be modified at any time, by their previous publication at the portal.
7. Payment safety
The purchase of musical fragments in Cubamusic.com by the Client shall be made by credit card or by the way selected among those available and indicated at the portal. . In fact, the system codifies information on the user's credit card in order to guarantee both safety and privacy of data introduced. This payment tool anticipates that the holder of the credit card is providing sensitive information (card number, expiry date, name, etc.) directly to the bank and not to Cubamusic.com or Service provider.
Therefore, the payment transaction is directly managed and closed in a "safe" bank server and not in that of Cubamusic.com.
The Client shall notify Cubamusic.com on any payment arrears within 60 days following receipt of notification of arrears. The failure to notify within the above-mentioned period of time shall result in the automatic waive by the Client to any challenge.
8. Right to termination
In conformity with Article # 5, paragraph # 3 of Decree Law # 185/99, if the Client has initiated the downloading of a musical fragment, he/she shall not have the right to terminate this Contract.
9. Downloading interruption
If the downloading page is still open, the Client only has to press again the link corresponding to the musical fragment he/she wishes to download. As an alternative, you can enter and access the site of the downloading page once more by introducing your own logging and password sent at the time of registration. If any difficulty arises when downloading, the Client can send an e-mail to support@cubamusic.com, indicating details concerning the operation and problems faced. Said notification shall, if sent within the time fixed, reach Cubamusic.com as fast as possible and within eight days from payment.
10. Disclaimer
This Service is provided in real/de facto mode stated without any warranty whatsoever and its operation depends on the correct use by the Client. Cubamusic.com shall only be liable for any delay or deficiency in services resulting from damages or serious guilt directly associated with it. Cubamusic.com shall not provide any warranty, including without limitation, any implicit marketing or ideal warranty for a private purpose or correct functioning of this Service. The Client shall be liable for any risk derived from the use of this Service. In any case Cubamusic.com shall be deemed liable for resulting, incidental, indirect or any other damage, including damages caused by lack of economic profits, stoppage of business activities, computer malfunctioning, hardware or software problems, loss of information or data or any other damage suffered by the Client while using this Service or in case Cubamusic.com has been notified on the potential occurrence of such damages. Cubamusic.com, limited to the dissemination and marketing of musical fragments made available through this Service, has no direct control over them and in any way shall guarantee them from being eventually offensive, obscene, slandering, and illegal or even damaging for third parties` rights. Cubamusic.com shall be rendered harmless for the material received through this Service.
11. Ownership of rights
As provided by Cubamusic.com this Service is protected by laws in force concerning copyright and any other applicable regulation, ownership, right of use and commercial usufruct, as well as any other right, including the copyright of exclusive ownership of any rightful owner as frequently indicated on the portal information notes (save in case of errors and/or omission). The Client has the right to master the downloaded musical fragments but only and exclusively for their private use.
12. Client's Obligations
The use of this Service shall be strictly personal and in any way can it be used for commercial purposes, not even in an indirect way. Especially, the Client -who shall ensure the ownership over every right, patent or other license required for the use of this Service--cannot:
• modify, translate, distribute or create jobs associated with this Service or any part of it;
• copy or redistribute this Service of part of it in any field; • eliminate property notifications or labels, or digital marks identifying this Service or part of it;
• modify, disassemble or alter in any way this Service of part of it;
• use the Service or part of it in such a way as to infringe the rights of intellectual property of authors of musical fragments, producers and other right owners of such musical fragments;
• use the Service to offer, in turn, another Service or part of this Service to third parties. The Service and the Cubamusic.com portal as a whole, whose information content and creative aspect have been created and devised by Cubamusic.com Srl, are protected by copyright and intellectual property laws in force. Besides the Client shall use this Service in accordance with the " netiquette" (or generally accepted regulations on the correct use of Internet), shall not make any "spamming" nor cause any problem to third parties. THe Client shall render Cubamusic.com harmless from any other cost, damage or expenses derived from the use of this Service in a way not included in this Contract. The Client agrees to render Cubamusic.com, its officials, operators and staff harmless from any loss, damage, liability, negative consequence or expenses in any way associated with claims against the user for having used materials or products of this Service in violation of applicable regulations, rights of third parties or the terms of this Contract. The Service is only provided for the explicitly authorized use and in relation to products, software, applications or other tools duly authorized to be used by the Client.
13. Confidentiality over personal information
Law No. 675 from 1996 and January 1st, 2004, the Decree Law n. 196/03, protect confidentiality over personal information. Consequently, Cubamusic.com srl can request again the notification of personal data for further rectification or termination: the purposes and modalities for data processing and any other useful information are clearly explained in the information contained in the registration document for the Service provided by Cubamusic.com portal agreed upon by the Client.
14. Information on further services
Cubamusic.com srlon reference to Cubamusic.com portal can send the Client information e-mails on new services and offers if the Client has previously sent his/her consent. Nevertheless, if the Client does not want to continue receiving these e-mails, he/she can request the termination of such deliveries at any time.
16. Preservation of the General Terms of the Service
In order to use the Service the General Terms of the Service shall be carefully read since they must be fully understood to be comprehensively accepted by the Client. Therefore, once the use of the on line Service concludes, the Client shall, preserve these terms of sale with the purpose of fully complying with Law n. 185/99.
17. Applicable Laws.
On line purchases made through Cubamusic.com portal are governed by Italian laws. Any kind of claim associated with the validity, interpretation and execution of purchases in this site shall be settled by the residential forum or domicile of the Client if in the Italian territory and in the case of Clients under law No. 185/99 by the Milan forum.
18. Adoption of contracting clauses
The Client states that he/she has carefully read and accepted the General Terms of the Contract hereunder with the purpose of using this Service, especially clause 3 (correction of data introduced and acceptance of liabilities); clause 4 (conclusion of contract); clause 8 (right to termination); clause 9 (downloading interruption); clause 10 (scope of liabilities); clause 12 (client's obligations); clause 17 (competent forum); and clause 18 (adoption of contracting clauses).
