GENERAL TERMS AND CONDITIONS
These terms and conditions (hereinafter 'General Terms and Conditions') regulate the access and the use of the website and the APP A-Live ('Site') provided by A-live s.r.l. with registered office in Rome, Via Della Giuliana 44, 00195 – Italy - c.f. 15751061001 (hereinafter 'A-Live') through the Site.
The user is kindly invited to print a copy of the General Terms and Conditions and to save them in a durable medium.
1. GENERAL INFORMATION AND AREA OF APPLICATION
1.1 These General Terms and Conditions apply to all services offered by A-Live through the Site.
1.2 General Terms and Conditions may be amended at any time. Eventual amendments and/or new conditions will be in force from their publication on the Site. For this purpose, we kindly invite the users to access the Site regularly and verify the publication of more updated General Terms and Conditions.
1.3 The applicable General Terms and Conditions are those in force at the time of use of the service.
1.4 If the user does not intend to accept the amendments to General Terms and Conditions, he will have the possibility to withdraw by giving a written communication by registered letter with acknowledgment of receipt or e-mail with a 7 days' notice.
1.5 The continued use of the service after the expiry of the term set out on the previous paragraph consist on a demonstration of willingness to accept General Terms and Conditions.
1.6 These General Terms and Conditions do not regulate the sale of products and/or the provision of services by subjects different from A-Live that are present on the Site by links, banners or other hyperlinks. Before undertaking commercial transactions with those subjects, it is necessary that the user verifies their sale conditions. A-Live is not responsible in any way for the provision of services and/or the sale of products by those subjects. On the website that can be consulted through those links A-Live does not make any control and/or monitoring. Therefore, A-Live is not responsible for the contents of those sites neither for eventual errors and/or omissions and/or infringement of legal provisions by them.
2.1 In order to benefit of A-Live services it is necessary to register to the Site and create an A-Live account. The non-acceptance of General Terms and Conditions entails the lack of possibility to register to the Site.
2.2 The registration to the Site is free. In order to register, the user has to fill in the registration form, with name, surname, e-mail address and a password (hereinafter 'Registration Credentials'). The registration is confirmed by an e-mail sent to the address provided by the user.
2.3 The Registration Credentials have to be used exclusively by the user and cannot be assigned to third parties. The user must inform A-Live without delay in case of suspected misused of the Registration Credentials. The Registration Credentials may be modified by the user at any time through the access to the Site at the area dedicated to the user profile.
2.4 The user grants that the Registration Credentials provided during the registration procedure to the Site are complete, correct and true. The user accepts to hold A-Live harmless from any liability obligation, penalty arising and/or in any way connected to the violation by the user of the rules regarding the registration to the Site. The user is exclusively responsible for the access to the Site with the Registration Credentials and is liable for any damage or detriment caused to A-Live or to third parties by an inappropriate use, lack, misappropriation by third parties or failure to protect an adequate secrecy of his own Registration Credentials. All the operations carried out under the Registration Credentials are deemed made by the user to whom the Registration Credentials refer.
2.5 Services are provided in Italian and English.
2.6 It is allowed to have only one registration per user. Multiple registrations will be delated by A-Live.
2.7 A-Live reserves the right to refuse, at its sole discretion, the registration of any user. Furthermore, A-Live reserves the right not to accept orders coming from any user, that might seem peculiar and/or to block the account of the user that act in violation of these General Terms and Conditions or the applicable law.
2.8 The user can cancel his registration to A-Live in any moment, by sending an e-mail to firstname.lastname@example.org.
3. SUSPENSION OF SERVICE
3.1 A-Live reserves the right to suspend temporarily, without any preventive notice, the provision of the Site and the services for the strictly necessary period for technical interventions deemed necessary and suitable in order to improve services quality.
3.2 A-Live may interrupt the provision of the service at any time, in case motivated security reasons or confidentiality violations occur, giving in this case communication to the user.
4. SITE CONTENTS AND INTELLECTUAL PROPERTY RIGHTS
4.1 Contents of A-Live Site and APP, such as, as a way of example, works, sounds and videos, images, pictures, dialogues, music, documents, drawings, figures, logos and any other material, in any format, published on the Site, including menu, web pages, graphics, colours, schemes, instruments, characters and design of the website, diagrams, layouts, methods, processes, functions and software, are protected by copyright and by any other intellectual property right owned by A-Live and the other rights' owners. Reproduction, modification, duplication, copy, distribution, sale or any exploitation of images and of the Site contents is strictly forbidden, if not preventively authorized in written by A-Live. Furthermore, any usage of the Site contents for commercial and/or advertising purposes is prohibited.
4.2 All others distinctive signs that characterise the products/services published on the Site are registered trademarks of the respective owners and are used by A-Live in virtue of a licence, only in order to distinguish, describe and advertise the products/services published/on sale on the Site.
4.3 Any usage of the abovementioned distinctive signs that does not comply with the law and that is unauthorized is prohibited. It is not allowed to use any distinctive sign available on the Site in order to take undue advantage by the distinctive signs themselves or by their reputation or in any way that may be detrimental for them or their owners.
4.4 Under no circumstances the user can alter, change, modify or adapt the Site, neither the material provided by A-Live. The Site is offered "as is". The commercial usage of the Site and/or the APP is strictly forbidden. The User cannot bypass the technical limitations present in the software, translate, decrypt, decompile or disassemble the software, neither try to gain access to the source code of the Software or to create derivative works based on the software, publish the software in order to consent to others to duplicate it, to rent, sub-license, financial lease or loan the Software.
5. USERS' CONTRIBUTIONS
5.1 The user grants the originality of any information, comment, message, text, software, data, sound, music, picture, graphic, video and other material by himself transmitted including 'avatar', disclosed, exchanged or made available in any form through the services provided by A-LIVE through the Site ('Contribution/Contributions') or somehow made public in any area or space of the Site.
5.2 Any third party's material protected by copyright may be used only if the user has acquired by the owner of the copyright the related usage rights, with the previous written consent of the owner of the right and in compliance with the obligation of citation of the source and the existence of the authorization, as better set in the applicable laws. The photographical, audio or video material of third parties or reproducing the portrait of a third party may be used only if the user has acquired the consent of the author and the portrayed subject. With regard to the availability of those rights and consents, the user shall be the sole responsible and undertakes to keep and hold A-Live harmless from any liability and requests in such regards.
5.3 The user acknowledges that he is the author and the sole responsible for any Contribution published, disclosed, exchanged or made available by him using the services provided by A-LIVE with particular but not exclusive reference to the Contributions to the services of posts/comments, including the services of sharing of Contributions "live" on screens or other media during concerts or events of A-Live circuit. The user undertakes to hold A-LIVE harmless from any claim or demand of third parties deriving from his Contributions.
5.4 The user undertakes to not publish or post Contributions containing sensitive data or insert/publish pictures/images of minors, forms and/or contents of paedophilic-pornographic, pornographic, indecent, profane, defamatory, offensive, contrary to public policy or morality character, which violate third parties rights or the legislation in force, which promote or induct to illegal activities or which contain viruses or other programmes that damage the functionality of IT systems of third parties.
5.5 A-LIVE declares that it does not carry out under any circumstances an editorial check on the Contributions and it is not required to carry out any control activity on the lawfulness, truthfulness, substantiation, accuracy, non-deceitfulness, non-offensive nature of the User Contributions. In any case, A-LIVE reserves the right to refuse and/or eliminate at its discretion the Contributions not deemed suitable for transmission, disclosure, exchange or made available through the services.
5.6 A-LIVE declines all responsibility for damages, claims or losses, direct or indirect, deriving to the User or to third parties from the transmission, disclosure, exchange or making available of Contributions provided by Users through A-Live's services including the services of sharing of Contributions "live" on screens or other media during concerts or events of A-Live circuit.
5.7 The user who accesses the communication services made available to A-LIVE users, such as forums, video messages, images, comments and similar, which may contain Contributions from other users, declares to be aware of the possibility that these, in the their contents, are offensive or offend the sensitivity of certain people, and in any case recognizes that the responsibility for the Contributions cannot be attributed to A-LIVE but to the respective authors or contributors.
5.8 The user grants A-LIVE a non-exclusive, worldwide, free and perpetual license to publish the Contributions on the Site consistently with the purposes of the services, including the right to sub-license and transfer them to third parties, and the right to copy, reproduce, correct, adapt, modify, improve, translate, reformat, create derivative works, manufacture, market, republish, distribute, sell, license, transfer, rent, lease, transmit, publicly perform, communicate to the public via telematics means, in any way now known or in the future discovered, any Contribution generated by the User.
5.9 The user waives the exclusive right to collect reimbursements, personally or through a collective management body, for communication to the public or the representation or execution, even in digital form, of his Contributions.
5.10 A-LIVE reserves, at its sole discretion, all rights regarding the publication, removal from the Site, temporarily or permanently, of any Contribution.
5.11 The following activities are strictly forbidden:
make available, publish, or otherwise transmit or disseminate material that is unlawful, harmful, threatening, abusive, harassing, defamatory and/or slanderous, vulgar, indecent, harmful to the privacy of third parties, racist, class-conscious or otherwise reprehensible;
make available, publish, send, transmit or disseminate material that the user does not have the right to transmit or disseminate by virtue of a legal provision, a contract or cause of a fiduciary relationship (for example confidential information, confidential information learned in force of an employment relationship or protected by a confidentiality agreement);
make available, publish, send, transmit or disseminate material that involves the violation of patents, trademarks, secrets, copyrights or other industrial and/or intellectual property rights of third parties;
make available, publish, send, transmit or disseminate advertising, promotional material, "Junk mail", "spam", S. Antonio chains, pyramids, or any other form of unauthorized or not requested solicitation;
make available, send, transmit or disseminate any material that contains viruses or other codes, files or programs created to interrupt, destroy or limit the operation of third parties software, hardware or telecommunications systems;
encourage third parties to commit unlawful and/or criminal acts subject to criminal or civil liability;
contravening the laws in force directly or indirectly.
6. EXCLUSION OF LIABILITY
6.1 The Site and the App are provided "as is", without any guarantee of results. A-LIVE shall not be responsible for any interruptions in the supply of the Site and/or APP service due to causes not directly attributable to it and/or beyond its technical control, such as malfunctions of the telematics or telephone network.
6.2 A-LIVE reserves the right to modify, suspend and/or interrupt, at any time in whole or in part, at its sole discretion, even definitively, the provision of the Site, without prior notice and without this entailing any obligation for compensation and/or reimbursement by A-LIVE.
6.3 A-LIVE does not recognize any guarantee beyond what is granted with these General Conditions: it is understood that the User will use the Site under his full and exclusive responsibility and that the use of the Site must comply with all the instructions provided by A-LIVE.
6.4 The User is authorized to use the Site for personal use only, not collectively or for profit, and assumes full responsibility for any unauthorized use.
6.5 A-LIVE does not grant in any way the accuracy and/or newsworthiness of the contents of the Site. A-LIVE cannot be held responsible for any damages that may arise to Users from the use of the information and contents included on the Site.
6.6 A-LIVE does not assume responsibility for any abuse committed by users or of which they are victims due to third parties behaviour, carried out or not violating General Terms and Conditions. A-LIVE invites users to evaluate with due attention the opportunity or not to publish in their Contributions and/or comments: i) personal data (including for example their e-mail address) that can detect, even indirectly, the 'identity; ii) photos and/or videos that make other people and places identifiable; iii) other data that may detect, even indirectly, the identity of third parties. A-LIVE is not liable for damages claimed by users for any information or content on the Site that could impact user's susceptibility or offend sensitivity.
6.7 In the event that complaints arise against A-Live relating to the User's actions, Contributions or information on the Site and/or shared by the latter directly or indirectly during concerts and live events, the User undertakes to indemnify and hold harmless A-Live from and against any damage, loss or expense of any kind (including reasonable fees and legal costs) resulting from such complaint. A-Live is in no way responsible for the conduct of Users both online and offline. A-Live provides indications for the conduct of users, but does not control or guide Users' actions on the Site, even during concerts and live events and is not responsible for the Contributions or information that Users transmit or share on the Site, also during concerts and live events.
7. FINAL PROVISIONS, APPLICABLE LAW AND COMPETENT COURT
7.1 General Terms and Conditions are governed by Italian law.
7.2 For any dispute concerning the General Terms and Conditions, the Court of the location indicated by the consumer user as his residence or domicile will be competent, if located in the territory of Italy.
7.3 In the case of non-consumer users, the Court of Milan will have exclusive jurisdiction.