Updated: 15 March 2021.
Effective date: 15 March 2021.
This document constitutes an agreement between you or the entity you represent (hereinafter referred to as 'you', 'your', or 'your') and Curate IT srl (hereinafter referred to as 'musicdata.studio') governing your use of all online software for collaboration and productivity optimisation for music programmers via the musicdata.studio website.
Content of this Agreement
This Agreement consists of the following general terms and conditions (hereinafter referred to as the 'General Terms and Conditions') and the terms and conditions, if any, specific to the use of the various Services (hereinafter referred to as the 'Specific Terms and Conditions of Service'). The General Terms and Conditions and the Specific Terms and Conditions of Service are collectively referred to as the 'Terms and Conditions'. In the event of a conflict between the General Terms and Conditions and the Specific Terms and Conditions of Service, the Specific Terms and Conditions of Service will prevail.
Acceptance of the Terms and Conditions
You must be of legal age to enter into a binding agreement to be able to accept the Terms and Conditions. If you do not agree to the Terms and Conditions, please do not use any of our Services. If you agree to the General Terms and Conditions, but not to the Terms and Conditions of a specific service, please do not use the Service in question. You can accept the Terms and Conditions by ticking a box or clicking on a button indicating your acceptance of the Terms and Conditions, or by actually using the Services.
Description of Services
We offer a range of specialised online management and collaboration services for music programmers, including database management tools for contacts, offers, invoicing, automated email sending, an electronic diary, a customer relationship management application, and a project management application ('Service' or 'Services'). You may use the Services for your personal and business purposes, or for the purposes of the internal business activities of the organisation you represent. You can connect to the Services using an Internet browser supported by the Services. You are responsible for obtaining Internet access and the necessary equipment to use the Services. You can create and edit content with your user account. If you choose to do so, you can post and share this content.
Registering for a Beta Service
We may offer some of our Services in closed or open beta versions ('Beta Service' or 'Beta Services') for testing and evaluation purposes. You agree that we may, with full authority and at our sole discretion, set the amount of time allotted for testing and evaluating the Beta Services. We alone will be able to judge the success of these tests and decide whether or not to offer Beta Services as commercial services. Under no circumstances will you be required to purchase a subscription to use a paid Service as a result of registering for a Beta Service. We reserve the right to discontinue, in whole or in part, from time to time and at any time, temporarily or permanently, any Beta Service, with or without notice. You agree that musicdata.studio is not liable to you or to any third party for damages associated with, arising out of, or caused by the modification, suspension, or termination of any Beta Service for any reason whatsoever.
Modification of the Terms and Conditions of Use of the Service
We may change the Terms and Conditions at any time, after notifying you through a service announcement or by sending you a message on your primary email address. If we make any material changes to the Terms and Conditions that affect your rights, you will receive an email on your primary address to notify you at least 30 days in advance. You may terminate your use of the Services by notifying musicdata.studio by email within 30 days of notification of the availability of the revised Terms and Conditions, if changes to them materially affect your rights with regard to the use of Services. In the event of termination, you will be eligible for a pro rata refund of the unused portion of any charges you have prepaid. Your continued use of the Service after the effective date of any changes to the Terms and Conditions will constitute your acceptance of the revised Terms and Conditions.
User registration obligations
You must create a user account by providing all the information required to access or use the Services. If you represent an organisation and wish to use the Services for internal corporate use, we recommend that you and all other users in your organisation create user accounts by providing your business contact information. More specifically, we recommend that you use your professional email address. You agree to: a) provide true, accurate, current, and complete information about you when prompted during the registration process; and b) manage and promptly update the information provided during registration to ensure that it remains true, accurate, current, and complete. If you provide incorrect, inaccurate, out of date, or incomplete information, or musicdata.studio has reasonable grounds to suspect that such information is incorrect, inaccurate, out of date, or incomplete, musicdata.studio may terminate your user account and prohibit you from current or subsequent use of one or all of the Services.
Administrators and accounts of organisations
If you create an account for your organisation, you can specify one or more administrators. Administrators have the right to configure the Services according to your needs and to manage the end users of your organisation's account. If your organisation's account is created and configured on your behalf by a third party, such third party may act as an administrator for your organisation. Please make sure that you have an appropriate agreement with that third party specifying the duties and restrictions associated with their role as administrator of your organisation's account. You are responsible for i) ensuring the confidentiality of the password associated with your organisation's account; ii) assigning administrative functions to competent persons responsible for managing your organisation's account; and iii) verifying the compliance with this Agreement of all activities related to your organisation's account. You understand that musicdata.studio is not responsible for the administration of accounts and internal management of the Services on your behalf. You are responsible for taking the necessary steps to ensure that your organisation retains control of administrator accounts. You can specify a process for recovering administrator accounts over which you have lost control, by sending an email to firstname.lastname@example.org, provided that the process is acceptable to musicdata.studio. If no administrator account recovery process had been set up, musicdata.studio may grant control of an administrator account to an individual providing sufficient proof of their authority to act on behalf of your organisation. You agree that you will not hold musicdata.studio liable for the consequences of any action taken by musicdata.studio in good faith in this regard.
Personal information and confidentiality
Communications from musicdata.studio
The Service may include certain communications from musicdata.studio, such as service announcements, administrative messages, and newsletters. You understand that these communications will be considered an integral part of the use of the Services. As part of our policy to ensure complete confidentiality, we also give you the option to opt out of receiving newsletters from us. However, you cannot opt out of receiving service announcements and administrative messages.
If we receive a complaint about your activities through the use of the Services, we will forward this to the primary email address in your user account. You must respond directly to the complainant within 10 days of receiving any complaint we forward to you, taking care to copy musicdata.studio in the communication. If you do not respond to the complainant within 10 days of receiving our email, we may disclose your name and contact information to the complainant to enable them to take legal action against you. You understand that failure to respond to the complaint referred to you within 10 days will constitute your consent to the disclosure of your name and contact information to the complainant.
Fees and payments
The Services are available under subscription plans of different durations. Payments for subscription plans lasting less than one year can only be made by credit card. Your subscription will automatically renew at the end of each subscription period, unless you switch from a paid plan to a free plan, or notify us of your wish not to renew the subscription. At the time of auto-renewal, the subscription fee will be charged to the credit card you last used. You have the option to change your information if you wish to renew using another credit card. If you do not wish to renew the subscription, you must notify us at least seven days before the renewal date. If you neither switch to a free plan, nor notify us of your desire not to renew the subscription, musicdata.studio will assume that you agree to the subscription fee being charged to the last credit card you have used. From time to time, we may change the price of a Service or charge for the use of Services previously available free of charge. Any rate increase will only apply after the expiration of your current billing cycle at the time of its announcement. You will not be invoiced for any Service you use until you subscribe to a paid subscription plan.
In addition to all other terms and conditions of use set out in this Agreement, you are not authorised to: (i) transfer the Services or make them available to any third party in any other way; (ii) provide a service based on the Services without prior written consent; (iii) use links to third party websites without accepting their terms and conditions of use; (iv) post links to third party websites or use their logo, company name, etc. without obtaining their prior written consent; (v) publish personal or confidential information belonging to any person or entity without having obtained their consent; (vi) use the Services in a way that may damage, disable, overload, or disrupt musicdata.studio's servers, networks, computer systems or resources, or otherwise harm them; (vii) violate any applicable local, federal, national, or international law; and (viii) create a false identity for the purpose of misleading someone about the origin of a communication or the identity of its sender.
Spam and illegal activity
You agree to take full responsibility for the content of any transmissions you make through the Services. You agree not to use the Services for illegal purposes or for the transmission of illegal, defamatory, harassing, slanderous, invasive, abusive, threatening, harmful, vulgar, pornographic, obscene or objectionable material in any other way, offensive to religious beliefs, inciting racism, containing viruses or malicious code, or infringing or likely to infringe the intellectual property or similar rights of others. You agree not to use the Services for the transmission of junk mail, spam, or chain letters, for the launch of phishing attacks, or for the mass distribution of unsolicited emails. We reserve the right to terminate your access to the Services if we have reasonable grounds to believe that you have used them in connection with illegal or unauthorised activities.
Inactive user account policy
We reserve the right to terminate free user accounts that are inactive for a continuous period of 120 days. In the event of termination of a user account, all data associated with it will be deleted. We will notify you in advance of such termination and give you the option to save your data. The data deletion policy may apply to some or all of the Services. Each Service is considered as an independent and distinct service for the calculation of the period of inactivity. In other words, your activity in one of the Services is not sufficient to maintain the validity of your user account in another Service. If there are accounts associated with more than one user, only one of these users needs to be active to prevent the account from being considered inactive.
We respect your right of ownership of the content you create or store. You are the owner of the content you create or store. Unless you expressly authorise it, your use of the Services does not give musicdata.studio the right to use, reproduce, adapt, modify, publish, or distribute any content you have created or stored in your user account for its own commercial and marketing purposes or for similar purposes. However, you authorise musicdata.studio to view, copy, distribute, store, transmit, reformat, publicly display, and publicly distribute the content of your user account exclusively for the purpose of providing the Services to you.
User generated content
You may transmit or post content that you create using any of the Services or by other means. However, you assume full responsibility for this content and the consequences of its transmission or publication. As any content made public is accessible to everyone on the Internet, it is likely to be analysed and indexed by search engines. It is your responsibility to ensure that you do not inadvertently make private content available to the public. Any content you receive from other users of the Services is provided to you AS IS, for illustrative purposes and for your personal use only. You agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit this content for any purpose without obtaining the express written consent of the rights holder. If, in the course of your use of any of the Services, you access content that is associated with copyright notices or copy protection features, you agree not to remove such copyright notices or disable these copy protection features, as appropriate. By posting content protected or likely to be protected by copyright on any of the Services, you affirm that you have all the necessary consents, authorisations, or permissions, as the case may be, from all persons who may claim rights in respect of such content. In addition, by making content available in the aforementioned manner, you expressly grant to musicdata.studio the right to block or remove it upon receipt of complaints regarding an illegal use of such content, or a violation of the rights of a third party thereto. By using any of the Services and transmitting or posting content using it, you expressly acknowledge that the official appointed by musicdata.studio for this purpose may legitimately decide on questions of illegality or violation of the rights of a third party with respect to this content.
Sample files and applications
musicdata.studio may provide sample files and applications for the purpose of demonstrating the ability to effectively use the Services for specific purposes. These sample files and applications contain random data. musicdata.studio offers no guarantee, whether express or implied, regarding the accuracy, usefulness, completeness, and reliability of this information or of the sample files and applications.
musicdata.studio, the musicdata.studio logo, and the names of the various Services and their logos are trademarks of Curate IT SRL. You agree not to display or use in any way the trademarks of musicdata.studio without its prior permission.
Disclaimer of warranties
You expressly agree and understand that you use the services at your own risk. Services are provided as is and subject to availability. musicdata.studio expressly disclaims all warranties of any kind, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. musicdata.studio does not guarantee that the services will be uninterrupted, delivered in a timely manner, secure, and free from error. Use of any material downloaded or obtained using the Services will be at your discretion and at your own risk. You are solely responsible for any damage to your computer system, mobile phone, wireless device or to your data, resulting from the use of the services or the downloading of such material. No advice or information, whether oral or written, that you obtain from musicdata.studio, its employees, or its representatives, constitutes a guarantee, other than those expressly stated in the Terms and Conditions.
Limitation of liability
You agree that musicdata.studio can in no way be held liable for any loss or any consequential, incidental, indirect, specific, punitive or any other type of damage, nor for damages for loss of profit, loss of operation, computer failure, loss of business information or any other loss arising out of, or caused by, your use of the service or your inability to use it, even though musicdata.studio has been advised of the possibility of such damage. The entire liability of musicdata.studio towards you in connection with a service, whether direct or indirect, can in no case exceed the fees which you paid for this service.
You agree to indemnify and hold musicdata.studio, its managers, directors, employees, suppliers and affiliates harmless from all losses, fines and expenses (including lawyer's fees and expenses), as well as all damages arising out of or in connection with, any claim against you for violation of any other party's rights, law or provision of the Terms and Conditions, or any other claim associated with your use of the Services, unless such use was authorised by musicdata.studio.
For any dispute, the user agrees to contact us first and attempt to resolve the dispute with us informally.
Law and jurisdiction
In the event of a dispute, Belgian law will be applicable, and the courts of Liège will have sole jurisdiction.
Suspension and termination
We may suspend your user account or temporarily disable access to part or all of a Service in the event of suspicion of illegal activity, prolonged periods of inactivity, or requests from authorities in charge of law enforcement or other government agencies. Complaints about the suspension or deactivation of user accounts should be addressed to email@example.com within thirty days of the notice of suspension. We may terminate a suspended or deactivated user account after thirty days. We can also terminate your user account at your request. In addition, we reserve the right to terminate your user account and to prohibit you from using the Services if we have reasonable grounds to believe that you have violated the Terms and Conditions, and to terminate your access to a Beta Service in the event of any unexpected technical problems or termination of that Beta Service. You have the right to terminate your user account if musicdata.studio violates its obligations under these Terms and Conditions. In such circumstances, you may be eligible for a reimbursement, calculated on a pro rata basis of your prepaid subscription. The termination of a user account results in the prohibition of access to all the Services, the deletion of your user account information such as your email address and your password, and the deletion of all other data from your user account.
END OF TERMS AND CONDITIONS OF USE
If you have any questions or concerns about this Agreement, please contact us at firstname.lastname@example.org.