Sales conditions

Introduction

All services to use and purchase contents, and more generally, all services available on Song Service website are subject to this general conditions contract. These applied to all users of Song Service website.

In accordance with art. 7, paragraph 1, item C, of the Italian Legislative Decree 70/2003, contact information of the company responsible for Song Service website are reported below.

M-Live srl
Via Luciona 1872/b
47842 San Giovanni in Marignano (RN)
songservice@m-live.com

1. Service supply

1. M-Live ltd supplies the service which allow to any customer connected to the internet to use contents drawn on Song Service website, free of charge or with fee as reported below.
2. The service can be supplied, fully or in part, also by other companies, third parties with respect to M-Live ltd.

2. Service Fruition

Song Service allows contents fruition in two modalities:

1. Fixed-term when contents are provided in streaming and cannot be downloaded.
2. Open ended term when contents can be downloaded and used offline as well, within the law and Song Service's sale conditions.

3. Customers requirements to access service

1. In order to access the service, the customer provides his/her personal data to M-Live ltd Under an obligation to give truthful, correct, complete and updated information. He/She takes charge of any damage claims caused by giving incorrect or misleading personal information.
2. M-Live ltd reserve the right to refuse or suspend service supply to specific customers in the case his/her personal information are false or incorrect.
3. To take advantage of Song Service contents customer has to use the appropriate hardware and software devices in which regard M-Live ltd has not responsibility.

4. Payment methods and fees

1. In order to take advantage of service with fee, the customer has to pay the amount indicated in the purchase section.
2. The fees does not include internet connection costs which depend on user's internet provider.
3. The payment process can be carried out by means of different methods as indicated in Song Service website which clearly explains the specific procedures and conditions of use.
4. In the case the customer does not carried out the payment according to the procedures and conditions of use, M-Live ltd reserves the right to suspend contents supply and, at the same time, to ask for compensation for the loss sustained.

5. Suspension of service

1. M-Live ltd could temporarily suspend the service supply on Song Service website for ordinary and extraordinary maintenance.
2. In no case M-Live ltd will be held liable for any consequences, damages and/or loss the user can incur in, if due to suspension of the service because of ordinary or extraordinary maintenance or malfunction and interruption of internet access provided by telecommunications operators.
3. In no case M-Live ltd will be held liable for any consequences, damages and/or loss the user can incur in, if bound to interrupt the service, partially or totally, by third parties claims.

6. Conditions of use

1. The customer acknowledges Song Service contents are intended exclusively for private use.
2. Under no circumstance Song Service contents and their support can be handed over.
3. Under no circumstance Song Service contents can be copied, played or used if not for private use, not commercial, according to limits established by the sale conditions.
4. It is expressly forbidden to use Song Service contents and services for any commercial purpose.
5. The customer commits himself/herself not to copy, sell, play, distribute, hire communicate Song Service contents.
6. Song Service contents cannot be modified by customers who are not allowed to take any profit from Song Service contents, even by modifying or cross-selling them with other products.
7. The customer is the only responsible for the use of Song Service contents and legal action for infringements of copyrights, or any other Italian law and regulations, is directed against him/her

7. Service access and confidentiality

1. The customer shall guard his/her information (user-id, password and other codes) to log in to songservice.it with the utmost diligence and confidentiality. The secretiveness of these data is fundamental as to prevent the use of Song Service under his/her user-id by not authorized third parties.332
2. The user is responsible and accountable for all activities, damaging or not, carried out by third parties, authorized or not, through his/her access information.
3. In the case of unauthorized access by third parties through his/her access information, the user has to communicate the event to M-Live ltd promptly.
4. The user relieves M-Live ltd from any responsibility and liability regarding unauthorized access to Song Service website through his/her access information.

8. Limitations of liability

1. Song Service's contents and services are provided as they are, therefore M-Live ltd is not accountable to customers or third parties for any direct or indirect damages resulting from their use or lack of use.
2. M-Live ltd is not responsible - towards customer, user or related subject – for interruptions, suspensions, delays, malfunctions of service due to: acts of God, tampering or unauthorized/illicit interventions on its equipments, tampering or unauthorized/illicit interventions on customer's equipments, wrong setups of customer's hardware and software devices, mistakes in using Song Service by the customers.
3. Cancellation clause
4. Accepting the service conditions and in accordance with art.5, paragraph 3, item a, of the Italian Legislative Decree 185/1999, the right of recess is not guaranteed.
5. Contents are provided as they are, the acceptance of the sale conditions does not allow the right of recess.

9. Juridical responsibility

1. The customer exonerate and hold M-Live ltd (included its subsidiaries, managers and employees) harmless from any action, request or claim, including compensation for damage, material loss, responsibility, cost (included legal expenses) deriving from improper use and/or breach of contract general conditions and/or specific conditions by him/herself or third parties who access Song Service using his/her ID code with or without his/her endorsement.
2. This is valid also for infringement of copyright or any other rights related to the supply of services and contents through Song Service website.

10. Breach clause

M-Live ltd reserves the right to terminate the contract of service by law, in accordance with article 1456 of the Italian civil law, in the case the user and/or customer breaches one or more legal obligations contained in articles 3, 4, 6, 7, 8, 14.

11. Modification of service

M-Live reserves the right to modify and/or integrate the conditions of service supply at any moment, in that case M-Live will publish a notice on Song Service website to communicate the changes. The fact the user and/or customer continues to use the service will be considered an implicit acceptance of the new conditions.

12. Applicable law and jurisdiction

The contracts and disputes relative to services and content provided by Song Service are under Italian law jurisdiction. Any controversy involving Song Service will be subject to the jurisdiction of the court of Rimini, Italy. For everything not expressly specified herein, the provisions of Italian law are in force.

13. Protection of personal data

1. Customers' personal information, provided to and/or collected by M-Live ltd in order to use Song Service's services, are handled in accordance with the regulation laid down by Italian Legislative Decree 196/2003 - the Italian Data Protection Act - and following amendments.
2. In consequence of that the user and/or customer can ask for rectification or cancellation. The aims and modalities of personal data handling and any related information are described in the privacy note provided during the registration process and available on songservice.it at the following link.
   Nota: ho inserito un collegamento ipertestuale alla parola link che rimanda alla pagina con la privacy note.447

14. Copyright

1. The customer takes note and accepts Song Service's contents can contain security and protection measures, in accordance with Italian copyright law 633/41, which are developed to prevent or limit acts not authorized by holders of royalties. These measures can contain information on the rights regime which clarify terms and conditions of use, on the artist or any other holder, as well as numeric codes which provide these or other identification information.
2. It is forbidden any use of contents which is not expressly stated in Song Service's sale conditions. It is punished with criminal sanctions anyone copy, play, forecast, distribute, hire, sell, transfer, and perform, with any equipments, copyrighted works, and derivative works base upon it, or remove or tamper the security and protection measures mentioned above.
3. In the case of copyright infringements, the applicable sanctions are those provided in the Italian law 633/1941, articles 171, 171-bis, 171-ter, 174-bis and 174-ter
4. M-Live ltd declares to hold the Song Service's license number 1287/I/106 issued by the Italian Authors and Publishers Society (SIAE)

15. Price List and discounts

For more information click HERE

16. User 0.99€ list

For more information click HERE