Terms of use – acceptance
This contract governs use of the BNC platform by the user
This website is the property of BNC Music srl (hereinafter: “BNC”) which is its administrator. BNC allows the user to access and use the website conditional on the user accepting these Terms of use; by accessing or using the website the user accepts these Terms of use. If the user does not intend to accept or comply with said Terms, he must not access or use the Site.
BNC has the right to amend or update the Terms of use at any time without prior notice. The user is bound to periodically consult the Terms of use published on the website. Continued access and use of the site by the user signifies acceptance of said changes 3 days after publication of the changes.
Use of the site
This Web site and its contents (the “Contents”) are intended for BNC customers. The user is prohibited from using the site or contents for purposes not related to its activities with BNC. The user is specifically prohibited from: (a) downloading, copying or retransmitting, in whole or in part, the site or contents without, or in violation of, a written license or contract signed with BNC; (b) using data recovery technology, robots or similar means to gather or retrieve data; (c) to manipulate or otherwise display the site or contents using browser technology with framing or the like; (d) to register, underwrite or cancel the subscription or attempt to register, underwrite or cancel the subscription of third parties regarding any BNC product or service without express authorization; and (e) to use the site or contents for purposes other than those for which it was created, as established at BNC’s sole discretion, including, without limitation, for defamation, abuse, harassment, stalking, threats or other acts which violate the legal rights (including the right to privacy) of others, and/or publication, calling attention to, distribution and dissemination of defamatory, libelous, obscene, pornographic, sexual, indecent or illegal materials or information.
The user must not interfere with security or otherwise abuse the website or any system resource, service or network connected with or accessible through this website. Use of the website is granted solely for lawful purposes.
Intellectual property
All material (including the organization and presentation of material) on this website (the “Material”) is property of BNC and its licensees and any violation shall result in liability under laws providing protection of intellectual property, including laws related to copyright, trademarks, registered names, internet domain names and other analogous rights.
Save for cases in which the user has entered into a specific agreement with BNC, any other use of said material without BNC’s written consent is prohibited. The Material may be used or copied by the user solely for his own, non-commercial, personal or educational purposes, with the understanding that it may not be modified and the copyright or other intellectual property information cannot be removed. The user does not have the right to create derivative works or to exploit the material in any way.
Trademarks
BNC, and any other product name, service name or slogan contained on the Site are trademarks of BNC its suppliers or licensees and cannot be copied, imitated or used, in whole or in part, without the prior written consent of BNC or the trademark owner. The user is not authorized to use metatags or any other type of “hidden text” which contains “BNC” or any other trademark or name of a BNC product or service without the company’s prior written consent. Furthermore, the Site’s appearance, including page titles, personalized graphics, button icons and scripts, are a service mark, trademark and/or image of BNC and cannot be copied, imitated or used, in whole or in part, without the company’s prior written consent. All other trademarks, registered trademarks, names of products and companies or logos featured on the Site are property of their respective businesses. Reference to products, services, processes or other information through names of businesses, brands, producers, suppliers or others does not constitute or imply the support, approval or recommendation of the aforementioned by the Company.
Privacy
BNC undertakes to respect the privacy of the personal data of the persons with whom it interacts. We have provided a declaration of our commitment to privacy on the website, including the description of our policies and practices regarding privacy and the method in which the personal data of site visitors is collected, used and communicated. One is referred to our declaration of privacy commitment on the site for additional information.
Up-to-date status of the website
BNC periodically updates the information contained on the site. Nevertheless, BNC cannot guarantee nor accept responsibility regarding the accuracy, up-to-date or comprehensive nature of the information contained on the website. BNC may revise, supplement or remove information, services and/or other resources contained on the website and it reserves the right to carry out said changes without prior notice to past, present or future visitors.
Linked websites
This website may supply links to third-party sites, exclusively for the user’s convenience of use. The inclusion of said links does not imply that BNC controls or supports/approves of the websites to which they refer. BNC does not accept any responsibility for said websites. BNC shall not be held directly or indirectly liable for damages or losses of any nature caused or allegedly caused by or related to the use or reliance on any information, contents, goods or services available on or through any third-party website or linked resource.
Indemnification
BNC is not a party to any future use of files sent or their contents, in addition any prior uses of the work sent. The Author of the Work further guarantees the originality of his authored creative activities and regardless agrees to indemnify and hold harmless BNC and its assignees for any demand by a third party who claims its rights have been violated by the Author and/or that they have been injured by the exploitation and use of their Work, and contemporaneously assures peaceful enjoyment thereof.
Internet software or computer viruses
Because of technical difficulties with the network, internet software or transmission problems may result in inaccurate or incomplete copies of the information contained on this website. The inadvertent downloading of computer viruses or other harmful programs from this site can also occur. BNC cannot be held liable for software, computer viruses or other injurious files or programs capable of infecting or otherwise affecting the use of user’s computer system or other property which is ascribable to the use or navigation of this website or downloads of materials of any kind from the website by the user. BNC recommends installing adequate antivirus software or other protective software.
The internet site and its materials are furnished “as is”
This website and the material are furnished “as is”, i.e. in the de facto and de jure state in which they are found, without representations, guarantees or warranties of any kind, express or implied, including, without limitation representations, guarantees or warrantees of merchantability or fitness for a particular purpose. BNC does not represent or guarantee that the site or the materials will satisfy the user’s requirements or that their use shall be uninterrupted or free of errors.
Limitation of liability
The user assumes all liability and all risks deriving from use of the site and materials, including, without limitation, all the information contained therein.
In no case shall BNC, its directors, executives, employees, shareholders, partners or agents be held liable for compensation of damages of an incidental, indirect, punitive or consequential nature or any other type (including loss of use, profits or commercial information, or any type of pecuniary loss), deriving from demands, losses, damages, causes of action, cases or other proceedings whether or not they arise from these terms of use, including, without limitation, or related in any way to use of the site, material or part therefore or any right guaranteed to the user based on said agreement, even if we have become aware of the possibility of said damages, whether the cause of action be based on contract, tort (including negligence), violation of intellectual property rights or other.
Reimbursement
The user commits to indemnifying and holding BNC harmless in the event of actions or claims of liability deriving from or connected to any violation, by the user or anyone acting in his name or on his account, of one or more of these Terms of use.
Notification and procedure to follow for claims of violations.
BNC respects the copyrights of third parties and asks all its users to do the same. If the user believes that his work has been copied in a way that constitutes a copyright violation or if the user’s intellectual property rights are otherwise violated, the user is asked to notify BNC of said violation with a written notification to our administrator which contains the following information:
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electronic or handwritten signature of the authorized person to act in the name of or on behalf of the copyright or other intellectual property right holder;
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description of the work covered by copyright or other intellectual property ownership which the user claims have been violated;
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indication of the location on the site of the materials that the user claims have been violated;
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user’s address, phone number and email address;
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a declaration by the user wherein the aforementioned declares in good faith that the use in question is unauthorized by the copyright holder, his agent or under Law;
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a sworn declaration by the user that the aforementioned information contained in his notice is accurate and that the user is the owner of the copyright or intellectual property or is authorized to act in the name or on behalf of the owner of the copyright or intellectual property. The letter must be addressed to our administrator as follows:
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To the attention of the CEO
The user is invited to communicate with BNC by email to the address info@bncmusic.it. However, the internet is not a 100% secure channel; communications may be lost, intercepted or altered. BNC is not responsible for damages deriving from communications to or from this website. In regards to any information furnished through the website or via email, the user agrees that:
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BNC has no obligations in regard to said information;
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the information is not confidential;
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BNC has the right to use, publish, distribute or copy the information or use any idea, concept or knowhow contained therein for any purpose without compensation, and the information is reliable and its publication does not violate the rights of others.
Governing law and forum
These terms are governed by Italian law and the Court of Rome is granted exclusive jurisdiction over any controversy arising here from.
This website is controlled, directed and managed by BNC. This website is accessible both in Italy as well as in other nations. Given that each of these jurisdictions may have Laws which differ from those of Italy, by accessing this website the user declares and accepts that all aspects related to access and use of this website are governed by Italian law (without reference to conflicts of Law).
The user further agrees that cases or controversies of any nature, related to said site, shall be subject to the exclusive jurisdiction and purview of the Provincial Court of Alberta and declares the he does so of his own free will.
The user agrees that cases and controversies of any nature, regarding this site, shall by subject to Italian law and for any controversies related thereto the Court of Rome shall have exclusive jurisdiction.
General
BNC’s failure to act or enforce full compliance with the conditions of these Terms of use cannot be construed as a waiver of any clause or right granted to BNC.
If any clause contained in these Terms of use is unenforceable or partially enforceable, the parties or, if they cannot come to an agreement, a Court with proper jurisdiction, shall replace it with one or more valid clauses, or parts thereof, which reflect in the most faithful way possible the terms of the wholly or partially unenforceable clause.
The parties have requested that these Terms of use and all related documents be drafted in Italian.
Contact
If the user has any questions regarding the website or these Terms, he may contact BNC at the following address: