1.1 In this contract the terms below have the following meaning:
“Competition” or “On Stage Competition”: means any online classical music competition which may be opened and operated by On Stage, through its Site, permitting any Registered User to take part to it and to become eligible to any awards upon the terms and conditions set forth under the relevant Competition Regulations.
“Competition Regulation” means any rules and regulations from time to time published on the Site or in any application form available on the Site setting forth the terms and conditions applicable to any Competition, these including those governing the participation to any Competition and relevant participation and eligibility requirements, the term of duration of the Competition, the rules for the award of any prize.
“On Stage” or “We”: means Associazione Musicale On Stage Classical Music, with registered office in Codogno (Italy), Number 484 s.3, 1-10-2015.
“On Stage Content” or “Content”: means all information, videos, images, sounds, music, photographs, software, newsletters (comprising useful news aimed at taking part or gathering information on any Competition and intended as an integral part of it), animations, databases, design and its contents, labels, logos, name and trade names, marks or trademarks, technical solutions, graphics, ‘look & feel’, structure and each aspect already developed or to be developed – whether or not covered by copyright or legally protected – published on the Site or any other material (in any form) that On Stage makes available to its Users in connection with any Competition or otherwise.
“Registered User” – The User who has successfully registered with the Site and has chosen a personal nickname. The Registered User is enabled to navigate within the Site and use its Service, create a personal profile, interact with other users within the Community, as well as use all the other interactive services available from time to time within the Site.
“Site”: means the Internet site www.onstagecompetition.com.
“Terms and Conditions”: means, jointly, whatever conditions published on the Site, the present general conditions and the registration form once completed by the User as well as any other document concerning any Competition, including any Competition Regulations.
“User”: means any person, regardless of whether or not registered, who uses the Site, including any Registered User.
“User’s Content”: means any information, videos, works, images, sounds, music, photographs, software and all other material (in any form) which is the property of the User or third party, produced or played by the User or by third parties, published or otherwise made available by the User (or on behalf of the User) using the Site or offline, including – without limitation – any video made available by the User to On Stage for the purposes of taking part to any Competition.
2.1 The Terms and Conditions govern the relationship between On Stage and any User (from now on referred to collectively as “Parties” or individually as a “Party”), with respect to any Competition as well as to any On Stage Content, User’s Content.
3. REGISTRATION, ACCEPTANCE, DURATION, GENERAL TERMS AND CONDITIONS AND AMENDMENTS
3.1 Any User who intends to take part to a Competition must complete the registration form by supplying the information and personal data required. On Stage will then send a confirmation email of a successful registration to the electronic address provided by the Registered User.
3.2 The use of the Site as well as the application to take part to any Competition is subject to the acceptance in full of the Terms and Conditions.
3.3 The User is required to read carefully any Terms and Conditions, which he/she can see during the registration process on his device, also via a pop-up or hypertext link to a relevant screen; the User is required to accept these terms and conditions by clicking the space labelled “I accept the terms and conditions of use”.
3.4 We reserve the right to modify, integrate and/or update as it will deem necessary or appropriate the Site, any Content as well as any Terms and Conditions, programs and/or other materials contained and/or available through the Site.
3.5 Any changes as above shall have no effect on any Competition already in progress nor on any Registered User who has already applied for a Competition before the said changes.
4. AVAILABILITY OF THE SITE AND PROVISION OF ON STAGE CONTENT
4.1 On Stage can occasionally, without any responsibility towards the Users or third parties:
a) suspend the Site or any Content for technical reasons such as repair, maintenance, improvements to the Site or Contents, or due to emergency, or else;
b) give the User instructions considered necessary for the integrity, security or quality of whatever Content or Competition.
4.2 The User is responsible for his own acts and omissions, and is responsible for any breach of the Terms and Conditions, including any instructions provided by On Stage.
4.3 On Stage does not guarantee that any element of the Content or of the Site will be available and accessible at any time. Except where otherwise expressly provided herein, the introduction of any variation to the Content that renders its use different from the way it is now will be governed by the Terms and Conditions. On Stage does not guarantee that the Site and any Content will be uninterrupted, suitable or free from error.
4.4 The User recognizes and accepts that any On Stage Content is supplied on a “as is” and ‘as available’ basis at any time and that On Stage does not assume any responsibility for the punctuality, permanence, cancellation, failed delivery or memorization of the Content or of any communication or personalization carried-out by the User.
4.5 Any User is responsible for the validity of the information and personal data supplied at the moment of registration. The Registered User must immediately notify On Stage of any changes to the information and the personal data supplied at the moment of registration, and furthermore provide directly any new updates, if possible, so that such information and personal data is at all times current, accurate, complete and true. In the case that false information or personal data has been supplied, or that On Stage suspects that false information or personal data, that is not accurate or incomplete, has been supplied, On Stage has the right to impede the use of the Content or the participation to any Competition to the relevant Registered User.
5. USE OF THE SITE AND OF ANY CONTENT BY THE USER
5.1 The Site, the Content as well as any participation to any Competition are made and supplied exclusively for the personal use of the User. The User is not allowed to copy, sell or attempt to sell any such Contents or any portion or structure of the Site, therein comprising the Content, nor any relevant functions to any third party. The User may not use the Site nor any Content to exercise business activities nor for any professional or commercial purpose, including the publication, promotion, placement or any other form of commercialization of goods, services or products made available through the Site.
5.2 The User must not exploit or use the Site or any Content to the detriment of On Stage. In particular, the User is obliged to abstain from using or exploiting the Site or the Content to carry out activities in competition with those of On Stage, or that damage or discredit the interests, economic interests or image of On Stage, of other Users or third parties in general.
5.3 The User is responsible for the creation and publication of any User’s Content. The User guarantees that the User’s Content is and will remain accurate, and will not include any information or material of which no portion, nor the access to nor the use or publication of it, constitutes a criminal offence, violation of law or in any way violates the rights of third parties. In particular, the User guarantees that all necessary consents, authorizations or permits of whatever nature, including without limit consents for author’s rights connected to the User’s Content, have been properly acquired.
5.4 The User guarantees that he will comply with any legislation on copyright protection as well as on consumer rights or the protection of consumer, as well as with any other instructions, regulations, provisions of law or directives issued by competent authorities, applicable to the User and concerning the publication of the User’s Content.
5.5 On Stage does not assume any responsibility for personal data, User’s Content or other content that has been sent, circulated, uploaded or downloaded by the User or by any third party through the Site, in connection with any Competition or otherwise. The User is the only and exclusive person responsible for whatever content he has uploaded, downloaded, published, sent or in any other way circulated through the Site and/or in connection with any Competition.
5.6 The User agrees that On Stage has the right to memorize the User’s Contents and to provide them to third parties (such as jury members) for the purposes of any Competition to with such User is a party, or when this is instrumental or necessary to fulfil legal requirements or respecting orders issued by public authorities, including judiciary authorities; in order to challenge disputes that such content violates the rights of third parties; or to protect the rights of On Stage or of other Users according to law and in accordance with the present Terms and Conditions.
5.7 The Site and the Users may provide linksto other sites or resources on the web. The User attests and agrees that On Stage cannot in any way be considered directly or indirectly responsible for the content of such sites or resources and, therefore, for any damage incurred by the User or third parties in relation to such sites or resources.
5.8 As a general rule, On Stage does not exercise any control or surveillance over the User’s Content or over any content published on the Site or otherwise. Nonetheless, On Stage reserves the right not to publish or to remove from the Site, without any prior notice, any User’s Content that has come to its knowledge, as well as any other content published by third parties that constitutes or could constitute a violation of the Terms and Conditions, according to mandatory legal provisions or of rights of third parties, or whenever On Stage believes in good faith that such information or content constitutes a violation of these Terms and Conditions or law
In line with above, On Stage will not be considered in any way responsible if the User’s Content is illicit or violates in any way mandatory legal provisions or the rights of third parties, except in the case that On Stage has become aware of such User’s Content and does not proceed promptly to remove it or impede access to it.
6. PARTICIPATION TO COMPETITION
For anything not provided under this terms and conditions of use, all terms and conditions applicable to each Competition, these including for the participation to any Competition, the eligibility requirements, timing and duration of each Competition, the payment of any fees, the prizes and award of the same, shall be governed by the Competition Regulations from time to time published on the Site.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 The intellectual and industrial property rights (including economic and know-how rights) regarding the Site, the Content and in general any Competition are and remain the exclusive property of On Stage (or of its licensors, when applicable).
7.2 The User is expressly forbidden to copy, modify, create products, services or works derived from or based on the Site, the Content or any Competition. The User is expressly forbidden to download, copy, reproduce, duplicate, use or circulate any label, commercial name, logo, ideogram or other distinctive sign related to On Stage.
8. USER AND THIRD PARTY RIGHTS
8.1 The User declares and guarantees that he is and will be owner of all the rights connected to the use and publication of the User’s Content, and that the User is able and will use these rights pursuant to the terms of this Terms and Conditions. The User declares and guarantees that: (a) there will not be rights or claims by third parties or any other kind of obstacle of any kind to the publication and circulation of the User’s Content on the Site or within the Competition; and (b) neither the User’s Content, nor its publication, violate in any way mandatory legal provisions or rights of third parties.
8.2 Accordingly, the User will assume responsibility and protect On Stage from any possible damage, charge or expense as a result of threatened or pending actions; requests from third parties for compensation from On Stage for the violation of mandatory legal provisions or third party rights. The User grants to On Stage a free and non-exclusive license to On Stage to reproduce, publish and visualize on the Site the User’s Content. The User recognizes and accepts that On Stage is not obligated to publish the User’s Content, and that On Stage may choose not to carry-out any check as to the use of the Site by other Users.
9. BREACH OF TERMS AND CONDITIONS
9.1 On Stage may decide to exclude any User from any Competition, if the User commits a material breach of the present Terms and Conditions that cannot be remediated (or, if it can be remedied, the User fails to remedy within a remedy period notified by On Stage); On Stage further has the right to suspend the participation of any User to any Competition if it is necessary to (i) comply with laws or provisions by public authorities in accordance with law; (ii) prevent or halt any violation of the present Contract or of law, assert one’s rights under the terms of the present Contract, or protect oneself from disputes from third parties that claim violation of their rights; (iii) protect the rights of On Stage or the rights of third parties.
10.1 The User agrees that his personal data communicated while registering and in any other moment while using the Site will be treated by On Stage in accordance with the Privacy Information published on the Site and in conformity with Italian Legislative Decree no. 196/2003, as from time to time in force.
10.2 On Stage will preserve the privacy of any identifying data supplied by the User and will not give this data to any third parties, except as required by law. On Stage reserves the right to transmit such data to other parties that have also assumed responsibility for the privacy of such data and that are delegated to carry out services connected to the present Terms and Conditions or to any Competition.
The User likewise recognizes that the processing of his personal data by On Stage and of other User’s Content may be necessary to:
(a) send or receive data;
(b) undertake planning or programming functions of the Site or of any Competition as well as perform activities related to the performance and operation of any Competition;
(c) comply with technical specifications of network or Internet connections.
10.3 Upon request by the User, On Stage will promptly, within the necessary technical timeframe, cancel any personal data of the User in compliance with the User’s request, without the need of advance notice or successive confirmation. A request from a User to remove personal data which are necessary to On Stage to fulfil its obligations under the present Terms and Conditions shall constitute a notice of withdrawal from any relevant Competition to which the User is a party.
10.4 Any User Content published or otherwise made available by the User (or on behalf of the User) using the Site or in connection with any Competition will be retained by On Stage for purposes strictly related to the participation of the relevant Competition, for a period of time that does not exceed what is required for the purposes for which they were collected or successively used.
11. APPLICABLE LAW AND JURISDICTION
11.1 The Terms and Conditions shall be interpreted and applied and shall be subject to Italian law. Any disputes arising from the interpretation and execution of the Terms and Conditions, including – without limitation – those relating to the User’s use of the Site or to the participation to any Competition will be referred to the exclusive jurisdiction of the Court of Milan (Italy).