Terms of Service
- PURPOSE
HDB S.R.L. is a company specialized in sound recording and music publishing activities.
2. DEFINITIONS
The following terms have the meaning given below, it being understood that terms defined in the plural are also defined in the singular and vice versa:
HDB
means HDB S.R.L. with registered office in Milan, Via Corso di Porta Vittoria n. 18, enrolled in the Register of Companies of Milan Monza Brianza Lodi, REA n. MI - 2048890, VAT no. 08790700960;
HDBSONUS
means the e-commerce platform owned by HDB that can be visited at the Internet address www.hadbsonus.it (or others based on HDB's decisions);
Terms of Service means these HDBSONUS Terms of Service;
User means any person who visits or uses HDBSONUS.
3. ACCEPTANCE OF THE TERMS OF SERVICE AND CHANGES
You acknowledge that by registering, accessing or using HDBSONUS, you are entering into a legally binding agreement with HDB governed by the Terms of Service which you expressly agree to.
You acknowledge that HDB may modify the Terms of Service, for example to comply with new legal requirements. Therefore, you should check the Terms of Service regularly. Changes will not be retroactive and will take effect the day after the date of posting.
The Terms of Service govern the relationship between HDB and you and do not create rights in favour of third parties
4. LICENCE
The User expressly agrees not to perform, and not to authorize others to perform, the following operations on HDBSONUS or parts of it (by way of example and not limited to: the graphics), including any updates, improvements and/or modifications: copying (on any medium or logical resource), decompiling, disassembling, reassembling, attempting to obtain the source code, decoding, modifying, creating derivative software, renting, leasing, lending, selling, redistributing, sublicensing.
The User expressly agrees not to carry out (and not to authorize others to carry out) the aforesaid operations, also with reference to the accompanying technical documentation, trademarks and registered names.
The performance of one or more of the above operations constitutes a breach of contract and involves the User's obligation to pay compensation for the damage; it also involves the violation of the rules protecting HDB's intellectual property rights, as well as, in general, the intellectual property of authors, patents and industrial inventions.
All trademarks and logos reproduced on HDBSONUS belong to their legitimate owners, and are cited on HDBSONUS for information purposes only; HDB has no rights to such trademarks and logos, except its own.
PRIVACY POLICY
OBBLIGHI E RESPONSABILITÀ DELL’UTENTE
- L’Utente si impegna a non utilizzare HDBSONUS in modo improprio. A titolo meramente esemplificativo, è vietato usare HDBSONUS con modalità o per finalità non consentite dalla l OBLIGATIONS AND RESPONSIBILITIES OF THE USER
You agree not to misuse HDBSONUS. By way of example only, it is forbidden to use HDBSONUS in ways or for purposes not permitted by law, to spread computer viruses, perform activities that may compromise the security of HDBSONUS, access HDBSONUS using automated tools (such as collection bots, robots, spiders or scraper), denigrate, intimidate or annoy other Users.
- You agree to provide your true data.
- The User is solely responsible for the truthfulness, lawfulness, correctness and right to use the material or information transmitted through HDBSONUS.
- BFC OPTIONALITY
HDB may modify or replace the HDBSONUS domain name without incurring any indemnification obligations in favour of the User.
If HDB detects any breach by you of the Terms of Service, HDB may, at its sole discretion and without incurring any obligation to pay compensation to you:
delete the User's profile from HDBSONUS;
deny the User subsequent access or registration to HDBSONUS;
take any action against the User for his/her own protection, including those aimed at obtaining compensation for damages.
HDB may modify, update, suspend, limit or terminate the HDBSONUS at any time without liability to you.
- NO ASSISTANCE
HDB is under no obligation under the Terms of Service to provide technical support to you with respect to HDBSONUS.
- LIMITATION OF LIABILITY
HDB is not liable to you or anyone else for:
loss of profits, customers, use or data, regardless of its predictability;
special, incidental, indirect, consequential or punitive damages of any kind (even if HDB has been advised of the possibility of such damages), including those (i) resulting from loss of profits, use or data, however foreseeable, (ii) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (iii) arising from any other claim arising out of or in connection with the use of HDBSONUS.
HDB's total liability to you for any claim is limited to €100.
HDB shall not be liable for errors, omissions, interruptions, deletions, defects, operational or transmission delays, communication line failures, theft, destruction, unauthorized access to or alteration of any HDBSONUS-related content.
HDB shall not be liable in connection with any problems or technical failure of telephone networks or lines, online processing systems, servers or providers, computer equipment, software, e-mail or playback software errors that affect the functionality of HDBSONUS.
The Terms of Service do not limit or exclude HDB's liability for intent or gross negligence.
The limitations and exclusions in this Clause apply to the fullest extent permitted by law.
- WARRANTY EXCLUSIONS
HDBSONUS and its functions are provided "AS IS".
HDB makes no warranties, express or implied, including the implied warranties of non-infringement, merchantability and fitness for a particular purpose.
In particular, HDB makes no warranties about (a) the suitability of HDBSONUS for your requirements, (b) the availability of, and the absence of errors in, HDBSONUS; (c) the quality of HDBSONUS; (d) correction of any errors in HDBSONUS.
The limitations and exclusions in this Clause shall apply to the maximum extent permitted by law.
GENERAL PROVISIONS
HDB's tolerance of any conduct of the User in violation of the provisions of the Terms of Service does not constitute a waiver of the rights arising from the provisions violated, nor the right to demand the exact fulfilment of all the terms and conditions set out therein.
The rights and remedies included herein are not exclusive, but are in addition to other rights and remedies available under applicable law.
If any provision of the Terms of Service is found by a court or other competent authority to be invalid or unenforceable, that provision shall be deemed deleted from the Terms of Service and the remaining provisions of the Terms of Service shall remain in full force and effect.
- APPLICABLE LAW AND PLACE OF JURISDICTION
The Terms of Service are governed by Italian law with the exclusion of the relevant provisions of international private law.
Any dispute concerning the interpretation, execution, termination or validity of the Terms of Service shall be submitted to the exclusive jurisdiction of the Court of Milan.
If the provisions of this Clause are unenforceable under the mandatory rules of the User's country, then the applicable law and the competent court will be determined according to the laws of that country.
