TERMS AND CONDITIONS OF USE Tone Net
Provided that the User strictly complies with these Terms and Conditions, for the duration of the user's use of the Platform, IK MULTIMEDIA grants the User a limited, personal, non- exclusive, revocable, non-assignable and non-transferable licence to use Tone Net (hereinafter also referred to as the Platform) and the User Content (as defined below) for the following activities:
(i) view Content uploaded and posted on the Site, listen to audio Content and share and download Content using the Platform's features;
(i) adapt, copy, republish, make available or otherwise communicate to the public, distribute or otherwise use or exploit any Content on or from the Platform at any time, except that (i) such Content is User Content at all times and for so long as the User is using it;
(ii) employ any technique, or use any service, intended to mystify the popularity of the User Content or activity on the Platform. The User shall also refrain from offering or promoting the availability of such techniques or services to other users of the Platform;
(iii) modify or remove any trademark or copyright notice or reservation of copy rights;
(iv) copy or adapt (or allow any third party to copy or adapt) the code of the Site or any App or Service, or reverse engineer, disassemble, decompile, modify or attempt to discover any source code or object code of any element of the Platform;
(v) not use the Platform to upload, post, archive, make available to the public:
- any content that is offensive, defamatory, pornographic or obscene, that promotes or incites violence, terrorism, unlawful acts or hatred on grounds of race, ethnicity, cultural identity, religious belief, disability, gender or sexual orientation;
- any information, Content or other material that constitutes an infringement, misappropriation or counterfeit of the rights of third parties, including, without limitation, copyright, trademark, right of privacy or publicity, right of confidentiality of information and any other right; or
- any Content constituting a breach or serious default;
- any material of any kind whatsoever which contains any virus, Trojan, spyware, adware, malware, bot, time bomb, worm or other harmful or malicious component which might overload, damage or stop the operation of the Platform or the servers or networks comprising or connected to it, or which restricts or inhibits (or which might restrict or inhibit) any other User's use and enjoyment of the Platform; or
- any unsolicited or unauthorised advertising or promotional message, spam message or any other form of unsolicited request.
The User undertakes to comply with the above terms and conditions at all times and for as long as he or she uses the Platform, and acknowledges and accepts that IK MULTIMEDIA has the right, at its sole discretion, to deactivate his or her account or take any other measure it deems appropriate in the event of a breach by the User of the above terms and conditions.
Any and all files, text, photos, images, graphics, comments and other content made available to or via the Platform by the User (hereinafter "User Content") shall be understood to be exclusively generated and controlled by the User and owned by the User.
Users shall not upload or make available to the public any Content in relation to which they do not hold the necessary rights; in particular and according to copy rights in force, any and all unauthorised use of copyright- protected material contained in the User Content is strictly prohibited. Any of the above-mentioned breaches may result in the deactivation of the User's access to the Platform, and may also lead to civil or criminal proceedings by or on behalf of the holders of the relevant rights.
By uploading or posting User Content to the Platform, the User grants IK MULTIMEDIA the limited right, on a non-exclusive basis and for the whole world, without payment of any consideration or royalty and to be understood as having already been fully remunerated, to use, copy, listen, adapt, make available or otherwise communicate such content to the public.
In addition, by uploading User Content to the Platform, the User also grants a non-exclusive, worldwide, limited right, without payment of any consideration or royalty and to be fully remunerated, to other users of the Platform to use, copy, listen to, adapt, create derivative works, using the features of the Platform.
Notwithstanding the foregoing, nothing in these Terms and Conditions of Use grants any rights to any other user of the Platform in relation to any proprietary name, logo, trademark or service mark uploaded by the User as part of the User Content.
Authorisations with regard to comments or other contributions made by the User to the Platform are understood to be granted without any time limit and irrevocably, and will remain valid regardless of any deactivation of the account.
Declarations and guarantees
By accepting these Terms and Conditions of Use, the User represents and warrants to IK MULTIMEDIA that:
(i) the User Content, and each and every part of it, constitutes an original work created by the User, i.e. for which the User has obtained all relevant rights, licences, consents and permissions necessary to use the User Content at all times and for all the time of such use; the User also authorizes IK MULTIMEDIA to use the said User Content.
(ii) He/she has obtained any consent, authorisation and/or release that may be required from any person appearing in the User Content to include their name, voice, performance or image in the User Content and to publish the said items on the Platform and through the Linked Services.
(iii) The User Content and its availability on the Platform does not currently infringe or violate the rights of any third party now, nor will do so in the future, including -without limitation- any intellectual property rights.
(iv) The User Content does not and shall not give rise to any liability on the part of IK MULTIMEDIA and the latter reserves the right to remove User Content, discontinue or deactivate the User's access to the Platform and/or initiate any legal action it deems appropriate in case the User Content breaches any of the above representations or warranties or otherwise infringes the rights of third parties or any law, rule or regulation.
Responsibility for content
The User is solely responsible for all User Content uploaded, posted or distributed by him/her on the Platform.
To the maximum extent permitted by law, neither IK MULTIMEDIA, nor its subsidiaries, affiliates, assignees, successors in title undertake any liability whatsoever that may arise from any content uploaded to the Platform by users or any dispute relating to the completeness, accuracy, actuality or reliability of any information provided by users of the Platform. By using the Platform, the User irrevocably waives the right to raise any objection or claim with reference to any of the aforementioned cases against IK MULTIMEDIA.
If you discover any content on the Platform that you believe infringes your copyright, please notify us at www.tone.net
Blocking and removal of content
Notwithstanding the fact that IK MULTIMEDIA has no legal obligation to monitor content on the Platform, IK MULTIMEDIA reserves the right to block, remove or delete any content at any time and to limit or restrict access by the User to any content for any reason whatsoever.
Limitation of liability
IK MULTIMEDIA AND ITS SUBSIDIARIES, AFFILIATES SHALL NOT BE LIABLE FOR:
1. ANY LOSS OR DAMAGE RESULTING FROM:
(A) FAILURE TO ACCESS OR USE THE PLATFORM OR ANY PART THEREOF;
(B) ANY MODIFICATION THAT IK MULTIMEDIA MAY MAKE TO THE PLATFORM OR ANY PART THEREOF, OR ANY SUSPENSION OR INTERRUPTION, WHETHER TEMPORARY OR PERMANENT, OF ACCESS TO THE PLATFORM OR ANY CONTENT IN OR FROM ALL OR PART OF THE TERRITORIES;
(C) ANY ACTION BROUGHT AGAINST THE USER BY A THIRD PARTY HOLDING RIGHTS IN RESPECT OF ANY ALLEGED INFRINGEMENT OF THE RIGHTS OF THAT THIRD PARTY OVER THE USER'S CONTENT;
(D) ANY ERRORS OR OMISSIONS IN THE TECHNICAL MANAGEMENT OF THE PLATFORM;
(E) THE FAILURE OF THE USER TO PROVIDE IK MULTIMEDIA WITH ACCURATE OR COMPLETE INFORMATION;
2. ANY LOSS OR DAMAGE TO ANY COMPUTER SOFTWARE OR HARDWARE.
(ii) any third party claims of infringement of copyright or other intellectual property rights or of privacy.
Transfer to third parties
IK MULTIMEDIA may assign all or part of its rights and (where permitted by law) obligations under this Agreement to any third party at any time without notice.
Applicable law and competent court
This Agreement shall be governed by the laws of ITALY with Milan as the exclusive place of jurisdiction, with no alternative jurisdiction.
The User acknowledges that, in case of breach of the present Contract by IK MULTIMEDIA or third parties, any damage caused to the User will not entitle the latter to any action against IK MULTIMEDIA for precautionary measures or compensation. Subject to the limitations of liability set out in the present Terms and Conditions of Use, the User shall be entitled to financial damage compensation only.