Terms & Conditions
GENERAL TERMS AND CONDITIONS OF USE ForBeat is a service operated by the company FORBEAT Via Losanna, 15 20154 Milan Italy FORBEAT services are accessible at the address www.ForBeat.com FORBEAT is an online platform that distributes musical works Therefore, FORBEAT’s purpose is not to furnish access to an Internet network, or to provide an electronic communication service to the public. Please read these Terms and Conditions of Use carefully: By using FORBEAT and by becoming a member of FORBEAT, you commit to comply with them in all respects. FORBEAT may change these Terms and Conditions of Use at any time. You will be advised of the type of modifications that are made once they are on line. Said modifications will be in effect one month after their publication on the site. Article 1. DEFINITIONS ARTIST designates an owner or the representative of an owner of copyrights and/or related rights in the Works. TERMS AND CONDITIONS OF USE: designates these Terms and Conditions, which the Member has accepted upon his registration, as well as any future modifications. ILLICIT CONTENT designates any content (text, voice, image, sound, etc.) of such a nature as to infringe on any recognized rights of third parties (whether they are natural persons, legal entities, groups or community…) regardless of the applicable legislation. Any content that might infringe on literary or artistic property rights or strictly personal rights, as well as any content that might constitute an apologia for war crimes, crimes against humanity and, more generally, any form of discrimination against one or more categories of persons is particularly deemed to be illicit content. FORBEAT designates a range of Services offered to the Members on the www.ForBeat.com Site. MEMBER designates one or all of the Users, whose registration for the Services proposed by FORBEAT has been validated and confirmed. USER designates any person using the FORBEAT service. WORK (S) designates the musical works provided to Users. A distribution license – for example CC – determines the modes for the exploitation of each Work. PROFILE designates the Member’s personal web page, which contains a number of informational items regarding this Member that he or she may supplement as needed. SERVICES designates all of the Services made available to the Users of FORBEAT. Article 2. REGISTRATION 2.1 Modes A person who desires to have access to and use the services offered by FORBEAT may be registered and identified as a Member. By ticking off the box “I have read the terms and conditions of FORBEAT service, and I accept them”, you acknowledge being informed of the content of these Terms and Conditions and you commit to comply therewith. For proper registration with FORBEAT, you must fill out all of the mandatory spaces required in the registration form. This registration gives you access to your Profile and to all FORBEAT Services. 2.2 Use of identifier and password The identifier and password are strictly private, and under no circumstance will they be shared with or communicated to third parties. This identifier and password permit you to access the Services offered by FORBEAT, as well as to your Private Profile. The items of identification are placed under the responsibility of each Member, who must use them in accordance with these Terms and Conditions of Use. Each Member guarantees FORBEAT against any wrongful use of, and/or source of injury from, his items of identification, whether or not fraudulent, due to his own acts or omissions or to those of third parties. FORBEAT states that it is not required, and does not have the technical means, to verify the identity of persons subscribing to its Services. FORBEAT disclaims all liability in the event of usurpation of elements of Members’ identification and/or identity. If a Member becomes aware of or suspects a fraudulent use, he must immediately advise FORBEAT by sending an e-mail to staff@ForBeat.com Article 3. USE OF SERVICES FORBEAT gives access to a number of services, some of which may be reserved only for Members: Listening to Works by streaming Constitution and management of play lists; Choice of widgets to export the music to other web pages; Private messaging with the other Members of FORBEAT; Discussion forums; The ability to express your Opinion regarding the Works. 3.1 Technical information FORBEAT cannot ensure that the site will function without interruption and errors or that access to Services will be guaranteed, particularly in the following cases: - faulty use of the Site due to unsuited equipment ; - malfunctioning imputable to your Internet service provider; - footprint of the Internet network. FORBEAT may temporarily suspend exploitation of Services in order to improve them or carry out maintenance operations. If the situation permits, FORBEAT will make every possible effort to inform you in advance. 3.2 Obligations of the User FORBEAT is a distributor of musical works that offers you various services such as forums and information’s share To use FORBEAT services, you are required to accept the terms and conditions thereof. Otherwise, you cannot use them. You accept the terms and conditions of use: Either, upon your registration, by ticking off the box “I read the terms and conditions of FORBEAT service, and I accept them”, thereby acknowledging that you are aware of the content of these Terms and Conditions and commit to comply therewith Or by using FORBEAT services. 3.2.1 Use of Works You commit to strictly comply with the terms and conditions of use and, more generally, to refrain from infringing on the ARTISTS’ intellectual property rights. If you think that a Work might be a plagiarism or an obvious forgery of another work, whether or not provided by FORBEAT, you commit to refer such matters to FORBEAT by sending an e-mail to staff@ForBeat.com. 3.2.2 Use of discussion forums In general, you commit to post reasonable remarks and to behave in an upright manner vis-à-vis FORBEAT, its partners, and all of the Members. You also commit to comply with the intellectual property rights related to the Content to which you have access when using the Services. You agree that any text, information, data, hypertext link, music, photograph, drawing, video, message, tag or any other materials transmitted in your Profile and/or during your exchanges within the forums or on the messaging service are distributed to the Members under your own responsibility. In the context of the forum or internal messaging service, all subjects may be freely broached and discussed; but the exchanges must be reasonable. You therefore commit to conduct yourself in a reasonable and respectful way and, most particularly, to refrain from: posting, imitating, indicating or distributing in any form information that may directly or indirectly harm any third party (natural person, legal entity or group of persons) ; issuing, distributing or passing on information of such a nature as to be slanderous, insulting, obscene, immoral, offensive, violent or provocative of any form of political, racist or xenophobic violence (physical, verbal or moral)and, more generally, in violation of the laws in effect; distributing any personal information and/or Content regarding a Member or any third party without his or her express consent ; posting, distributing or passing on any content in whole or in part, whether alone, integrated or in association with other Content, that infringes on the intellectual property rights of its author and/or successors-in-title; posting, distributing or passing on information or Content, or using technologies of such a nature as to diminish, disorganize and/or prevent the normal circulation of Services, such as software, viruses, repetitious sending of messages…. You commit to advise FORBEAT of the presence of any remark, message, Content and/or hypertext link that does not meet the aforesaid requirements by sending an e- mail to staff@ForBeat.com. You have the right to access, modify, change or delete your data. You may request that your contributions to the forums be eliminated by sending an e-mail to staff@ForBeat.com. 3.3 Links and Content Content at your disposal may include hypertext links to websites other than the FORBEAT site or to other Internet sources. As FORBEAT cannot exert control over all of these sites, it disclaims all liability for the nature and/or use of the Content thereof. If you desire to use the content of these sites, you must take cognizance of the terms and conditions of use thereof. 3.4 Private blogs and pages FORBEAT confers on you the right to insert in your blog or private pages a software application comprised of a code, widget or player, for the reading of one or more Works. In addition to the fact that said insertion and the terms and conditions for distribution of Works must be in conformity with the provisions of Terms and Conditions, they must also be in conformity with the recommendations of your blog host. You guarantee FORBEAT against, and hold it harmless from, any recourse of any third party regarding any complaint and/or action related to the insertion and/or distribution of Works. Article 4. PRIVACY AND PROTECTION OF MEMBER’S DATA This site has been subject to a declaration with the national Commission for Data Protection dated 25 /08 /2005. Collected data may be retained for one year after your latest connection. You alone decide whether to provide Members with information regarding your privacy in the forums, or information that you give with respect to your Profile, in compliance with the rules set forth in the foregoing article. If the use of said information by third parties is injurious to you, you may not hold FORBEAT liable in that regard. Article 5. GIFTS As a Member, you may support an Artist by giving him a gift. FORBEAT guarantees you that, as management expenses, it will receive only a fixed amount per gift, regardless of the value thereof. In any event, the amount of the gift shall be paid in the Artist’s Paypal account, after deduction of any expenses. You agree that the amount of your gift and the name of the ARTIST to whom you send it may be published on the Site. Article 6. INTELLECTUAL PROPRIETY Except for elements of intellectual property related to the Works, FORBEAT alone is the owner of the intellectual property rights in the trademarks, patents, logos, graphics, photographs and animations contained in the Site, which elements cannot be reproduced without the express authorization of FORBEAT and/or its partners. In that regard, FORBEAT grants you a license that is strictly limited for access, printing, reproduction on all media and utilization of the aforesaid elements for your private use, in the context and for the period of your registration in the Services. By remitting Content of any nature whatsoever to FORBEAT, you grant it a license for distribution thereof on the site to the other Members. Hence, you authorize FORBEAT to reproduce, represent, translate, digitize and use all of the Content and information that you provided in the Services, whether or not for advertising and commercial purposes. You also authorize FORBEAT to grant all of these rights to any third parties or partners, which they shall exercise pursuant to these Terms and Conditions of Use. You further authorize FORBEAT to modify said Content in order to adapt it to the Services’ graphics. Article 7. LIABILITY In the event of failure to comply with any of the obligations specified herein, FORBEAT may, without prior notice, close your account and block access to your Private Space. FORBEAT may also initiate legal actions against you. In the event of a claim, complaint or legal action due to the Members’ acts or omissions that directly or indirectly contravene these terms and conditions of use, FORBEAT may pursue the liability of the Member (s) who is the source thereof. You have been informed, and have declared your agreement, that the information and Content that you put on line will be made available to other Members, who may make use thereof pursuant to the Terms and Conditions of Use. If you consider that said information and/or Content is distributed in a way that does not comply with the General Terms and Conditions, you cannot pursue FORBEAT for not initiating a legal action against the Member and/or any person who, in your opinion, is responsible for this nonconforming distribution.
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