november 21, 2011
The service provider is Stereomood s.r.l., a private society whose principal place of business is in Via Chelini Domenico 9 , 00197 Roma - Italy p.iva: 10570351006
- Description of Website Services
- Intellectual Property Ownership; Licence
- Links To Other Websites
- Our Linking and Widget Policy
- Acceptable Use
- User Accounts, Additional Terms
- Third Party Content and Information
- Information You Submit
- Disclaimer of Warranties
- Disclaimers/Limitation of Liability
- Governing Law
2. Description of Website and the Services
In order to use the Website, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.
3. Intellectual Property Ownership; Licence
Stereomood has obtained by the copyright holder all the authorization needed to legally offer the Service. In particular Siae (Società Italiana Autori ed Editori, the Italian collecting society representing Authors and Editors), licensed to Stereomood, with License n. 2744/I/2700, position n. 2700 the right to:
- a) record, directly or through third-party activity, the works belonging to the Musical repertoire administered by SIAE;
- b) reproduce, by uploading the appropriate files into a digital database, operated by Stereomood or any third party, recordings and reproductions of the works mentioned above for the exclusive use of their inclusion in one of the services offered by Stereomood;
- c) make such works available to the public, for private and personal use only;
- d) allow users to perform temporary or permanent reproduction of the works for private and personal use only (Downloading)
- a. listen to music streamed from the Website;
- b. download and use the Stereomood client-based software in accordance with its pre-defined functionality only;
- d. embed the Stereomood tools, widget on your personal website or profile pages for non-commercial and private use only; and
- e. communicate with other members of the Stereomood community;
Provided that you:
- i. retain and do not alter or tamper with any trademark, copyright and other proprietary or legal notices contained in the original Content or any permitted copy you may make of the Content;
- iii. do not insert any code, product or material to manipulate the Content in any way that affects any user's experience;
- iv. copy or seek to copy or “rip” any audio and/or audiovisual content from the Website or any part of the Service;
- v. do not embed or otherwise exploit the Stereomood widget for commercial gain (which includes, for example and without limitation, selling advertising on your site or otherwise monetising any element of your site which contains the Stereomood widget); and
4. Links to Other Websites
5. Our Linking and Widget Policy
Stereomood widgets are not provided for commercial use, distribution or exploitation. If you are the operator of a commercial website and would like to include the Stereomood widget in your website for commercial purposes, please contact us by emailing email@example.com.
Stereomood reserves the right to remove links or block the Stereomood widget at any time and for any reason in its absolute discretion.
6. Acceptable Use
You will not use the Properties to:
- 1. Upload, post, e-mail, transmit, display, copy, distribute, promote, or otherwise communicate to the public:
- i. any material that is false, unlawful, threatening, tortious, disparaging, anything that adversely affects Stereomood such as discouraging any person or entity from advertising with, linking to or supplying Stereomood, abusive, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable in Stereomood sole discretion;
- ii. information, software, content or other material that violates, plagiarises, misappropriates or infringes the rights of third parties including, without limitation, copyright (including, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, rights management information or any type of cracker utilities), trademark, patent, trade secret, rights of privacy or publicity, confidential information or any other proprietary right;
- iii. material of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, adware, malware, bots, any automated use of the system, such as scripts, or other harmful component or restricts or inhibits any other user's uninhibited use and enjoyment of the Properties, interferes with, overburdens, impairs or disrupts the Properties or servers or networks connected to the Properties, or disobeys any requirements, procedures, policies or regulations of networks connected to the Properties;
- iv. information or material of any kind that is false or misleading or that constitutes or contains false or misleading indications of origin or statements of fact, including, without limitation, by forging any TCP/IP packet header, any part of the header information in any transmission to the Website, or otherwise manipulating identifiers in order to disguise the origin of any content transmitted to or from the Website; or
- v. any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, requests for money, petitions for signature, or any other form of solicitation.
- 2. Encourage, promote, solicit or commit conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law or otherwise make available any material that exploits or harms any individual, corporation or other entity.
- 3. Use or attempt to use another's information, account, password, service or system except as expressly permitted;
- 4. Solicit or collect personal data including telephone numbers, addresses, last names, email addresses, or any other kind of information about users, including without limitation, through such means as spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Website or for any services or features offered on or through the Website; and
- 5. Undertake any commercial purpose or activity without the prior written consent of Stereomood, including, for example and without limitation, inserting your own or a third party’s advertising, branding or promotional content into any of the Website’s or Properties’ content, materials or services (for example, without limitation, in an RSS feed or a podcast received from Stereomood or otherwise available through the Properties).
Stereomood reserves the right, in its sole discretion, to terminate any user’s account. In extreme cases or as required by law or regulation, Stereomood reserves the right to take court action and/or report users to the relevant authorities.
7. User Accounts, Additional Terms
Registration may be required for the use of certain Services and portions of the Website.
If you choose to provide information to the Website, you agree to provide only true, current and complete information. If you create a user account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password.
Stereomood may decide to run competitions, promotions and other opportunities on the Website and these will be governed by a separate set of terms and conditions. A link to these terms and conditions will be found on the Website, alongside details of the specific competition. It is your responsibility to read those terms and conditions for details about the terms that shall apply and any eligibility requirements.
Any software that we make available for download or use from the Website and/or our servers (the "Software") is the intellectual property of STEREOMOOD or its licensors or suppliers. Any such “Software” shall be considered a “Service” or one of the “Properties” as such terms are defined and used herein. Your use of the Software may be governed by the terms of an end user licence agreement that may accompany or that may be included with the Software (the "Licence Agreement").
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER USE, REPRODUCTION, REDISTRIBUTION OR OTHER EXPLOITATION IS EXPRESSLY PROHIBITED, UNLESS SUCH USE, REPRODUCTION, REDISTRIBUTION OR EXPLOITATION IS EXPRESSLY PERMITTED BY THE LICENCE AGREEMENT APPLICABLE TO SUCH SOFTWARE.
10. Copyright policy
Stereomood intends at all times to comply with applicable law, including without limitation with respect to the exclusive rights of copyright owners. Stereomood provides information location tools to permit users to find and listen to music that has been legally posted on the internet and may permit users to upload music to which they have the applicable rights onto our systems or networks in order to make them available for the enjoyment of its other users.
In the event that you believe that a link or referral, or material residing on Stereomood's systems or networks, infringes your rights, Stereomood will promptly remove or disable the applicable links, referrals or material, as the case may be, in response to a notification of claimed infringement in compliance with applicable law.
Please note that Stereomood does not control the third party websites to which Stereomood may refer or link its users via its information location tools and, accordingly, notification to Stereomood pertaining to a link or referral to potentially infringing material or activity on third party websites will not cause the removal or disabling of that content on the third party website in question. Stereomood urges copyright owners to directly contact any third party website that has posted allegedly infringing material or activity in order to have it removed or disabled from the internet.
Please note that the form of notices specified below is intended to be consistent with the form required by United States law, 17 U.S.C. Section 512 (http://www.copyright.gov/title17/92chap5.pdf - an official summary of which can be found at http://www.copyright.gov/legislation/dmca.pdf) but Stereomood will respond appropriately to notices received pertaining to other jurisdictions as well. The information included herein is not intended to be a complete statement of applicable law nor does Stereomood make any representation or warranty whatsoever as to the accuracy of the information provided herein. If you are concerned about your rights, you should consult an experienced attorney to advise and assist you.
Infringement Claim Notification
In the event that you believe that material residing on Stereomood's systems or networks or material or activity to which Stereomood may refer or link users at an online location through the information location tools it provides infringes upon your rights, you may provide Stereomood's Designated Copyright Agent (described below) with valid notice of the same and Stereomood will remove or disable access to that material in accordance with applicable law. To file a notice of claimed infringement with Stereomood, you must provide to the Designated Copyright Agent with a written communication that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at our site are covered by a single notification, a representative list of such works at that site.
- (a) With respect to material residing on Stereomood's systems or networks at the direction of its users, identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Stereomood to locate the material; or
(b) With respect to material or activity to which Stereomood may refer or link users at an online location through the information location tools it provides, identification of the reference or link, to the material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Stereomood to locate that reference or link.
- Information reasonably sufficient to permit Stereomood to contact you, such as an address, telephone number, and, if available, an electronic mail address.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The contact information for Stereomood's "Designated Copyright Agent" is:
Via Chelini Domenico 9
00197 Rome, Italy
Attention: Copyright Agent Fax Number (if dialed from the United States): 39 069 293 3701
Email Address: firstname.lastname@example.org
Please note that applicable law provides that any person who knowingly materially misrepresents that material or activity is infringing shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
Counter Notification to Claims of Infringement
If Stereomood has removed or disabled material residing on its systems or networks at your direction due to a claim of copyright infringement and you believe that the material was removed or disabled as a result of a mistake or misidentification of the material, you may provide the Designated Copyright Agent with a counter notification to that effect. When Stereomood receives a valid counter notification, it will reinstate the material in question in accordance with applicable law unless the copyright owner files suit regarding the allegedly infringing content. To be effective, a counter notification must be a written communication provided to the Designated Copyright Agent that includes substantially the following:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Stereomood may be found, and that you will accept service of process from the person who provided the notification of alleged copyright infringement or an agent of such person.
Please note that applicable law provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
It is Stereomood's policy to terminate, in appropriate circumstances, the accounts any users who are "repeat infringers" in accordance with applicable law.
11. Third Party Content and Information
The Properties contain Content and information that is provided for your convenience and enjoyment. Third parties provide some of the Content and information. You should be aware that the Content might contain errors, omissions, inaccuracies, outdated information and inadequacies and that the Content may be subject to terms and conditions, which may be found on the Website or in the documents and policies of third parties. Stereomood makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing.
In addition, third party advertisers or commercial partners may offer goods, services and other materials to you on the Website.. Stereomood will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other Content on the Website. Under certain circumstances, we may permit third party users to upload content, in which event you, at your own risk, may be exposed to offensive, indecent or objectionable content.
Descriptions of, or references to, products, services or publications within the Website do not imply endorsement of that product, service or publication.
12. Information You Submit
From time to time, the Properties may contain functionality through which you can upload or submit information, data, software, messages, photographs, audio, video, text and other materials to, through or on the Website ("Your Upload Information"). Stereomood, its parent, subsidiaries or affiliates or the directors, officers, employees do not endorse the content posted in Stereomood Blog. We reserves the right, but is not obligated, to delete, move or edit Your Upload Information and to suspend or terminate your access to the Website and pursue all legal remedies if we believe your Upload Information infringes another's rights or otherwise violates any law, rule or regulation. You acknowledge and agree that you are prohibited from accepting payment for Your Upload Information from any third party, including, without limitation, accepting payment for the inclusion of a logo, brand advertising or other commercial content, in Your Upload Information.
All of Your Upload Information is your sole responsibility. This means that you, and not Stereomood, are entirely responsible for all of Your Upload Information that you upload, post, e-mail, transmit or otherwise make available via the Website. Under no circumstances will Stereomood be liable in any way for any of Your Upload Information including, but not limited to, any errors or omissions in Your Upload Information, or for any loss or damage of any kind incurred as a result of Your Upload Information.
You acknowledge that the Web Site, through Stereomood, its parent, subsidiaries, affiliates, and partners undertakes no obligation to pre-screen Your Upload Information, but that it has the right, in its sole discretion to monitor, modify, transmit over various networks, refuse, move, block access to or remove any of Your Upload Information. You agree that you must evaluate, and bear all risks associated with, the use of any of Your Upload Information including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Your Upload Information. Since Stereomood, its parent, subsidiaries, affiliates, and partners may not pre-screen user generated content, you may bear legal responsibility for others' exposure to any offensive indecent or objectionable content in Your Upload Information.
13. Disclaimer of Warranties
THE PROPERTIES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED "AS IS," "AS AVAILABLE, " AND "WITH ALL FAULTS." STEREOMOOD DOES NOT WARRANT THAT THE PROPERTIES, ANY OF THE PROPERTIES' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PROPERTIES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
STEREOMOOD, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE IN ANY EVENT FOR THE USE OF THE WEBSITE OR OTHER PROPERTIES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE DISCLAIMER MAY NOT APPLY TO THE EXTENT THE LAW OF SUCH JURISDICTION IS APPLICABLE TO THIS AGREEMENT.
YOU AGREE THAT YOUR USE OF THE PROPERTIES IS ENTIRELY AT YOUR OWN RISK
14. Disclaimers/Limitation of Liability
THE STEREOMOOD ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
YOUR ACCESS TO AND USE OF THIS THE PROPERTIES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE PROPERTIES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE PROPERTIES OR THE CONTENT.
YOU RECOGNISE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF STEREOMOOD'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY STEREOMOOD AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY STEREOMOOD WEB SITE, SERVICES, PROPERTIES, PRODUCT, PROGRAM, MUSIC, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
16. Governing Law
The court of Rome shall have exclusive jurisdiction over any disputes relating to the terms and conditions mentioned above
You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Properties and the Content, including, without limitation, those governing your transmission or use of any software or data.