Dear Artist,
before opening your new account, please read the following conditions that apply to use the services offered by Incidi! to the artists.
Note: this is only a translation of the italian version of the terms and conditions of the service to the artists. In case of discrepancy between the two documents, the italian version will be the only one legally valid.
Definitions of terms
Artist. The person who uses the services offered by Incidi! and provides its own personal data to Incidi!, authorizes Incidi! to treat his personal data in compliance with the italian privacy law and to exercise some rights on his copyrighted works, that he submits to Incidi!.
Supplier. The person who provides the services specified in these conditions, hereinafter also referred to as 'Incidi!'.
Incidi! website or Incidi!. The physical structure and the computer services offered and provided by Incidi! to the subscribed artist.
Work / Music Work. Intellectual work created by the artist. The legal definition of intellectual work is provided by the Italian Civil Code and Italian Law on Copyright 633/41 and successive modifications and integrations, as well as other national and international rules on intellectual property.
Upload. Transfer of a work in digital format to Incidi! by the Artist.
Account or personal page. Set of web pages, belonging to the Incidi! website, accessible only by the artist and Incidi!, containing the artist's personal information given at the moment of his subscription, as well as sales data about his subscribed works, and other related data.
Album page. Web page belonging to the Incidi! website! through which it is possibile to listen and buy the Work.
Net selling price. means the retail price of the work, minus shipping costs when applicable.
Terms of Use and Conditions of Service
1. Description, Scope and Purpose of the service.
Incidi! offers to the artist services for distribution and commercialization of his musical works on behalf of the artist himself. In particular:
a. Incidi! offers to the artist the opportunity to commercialize his music works through the website http://www.incidi.net. The Artist may subscribe to the service his works both in physical (Compact Disc, or CD) and / or digital format (e.g. MP3).
b. Exclusively for the CD, Incidi! also offers artists a commercialization service through his account at the website http://www.ebay.it.
c. Exclusively for works in digital format, Incidi! offers to the artist a distribution service to other digital stores, including iTunes Store, Amazon MP3, eMusic, Napster and Rhapsody.
The Artist may choose to use the services in paragraphs 1b. and / or 1c. only if he subscribed his work to the service described in paragraph 1a.
2. Identity of the supplier. This website and the provision of its services are managed by Incidi! - Gabriele Rapino, Via Bolsena, 40, 00191 Rome, Italy, VAT Nr. 09971761003.
3. Cost of service.
the commercialization and distribution services are expensive for the artist, according to the following scheme:
a.The opening of a new artist account on Incidi! is free.
b. The subscription of the artist's work at the service described in paragraph 1a. costs € 29.90. This fee includes the option for the artist to also use the service described in section 1b.
c. The subscription of the artist's work at the service described in section 1c. costs € 19.90.
The Artist may subscribe his work to all the services described in paragraph 1 to the total cost of € 49.80.
4. Payment of the royalties to the artist.
Incidi! pays to the artist the royalties associated to the sales of the artist's subscribed works according to the following scheme:
a. For each artist's work sold through the website http://www.incidi.net, Incidi! will pay to the artist the 80% of the net selling price of the work. In case of sale of the work on a physical medium (e.g. CD), the shipping costs that the buyer pays are not considered as a part of the net selling price.
b. For each artist's work sold through the Incidi!'s account on the website http://www.ebay.it (or other websites belonging to eBay, such as http://www.ebay.com), Incidi! will pay to the artists the 80% of the net selling price of the work. In case of sale of the work on a physical medium (e.g. CD), the shipping costs that the buyer pays are not considered as a part of the net selling price.
c. Regarding the distribution service described in section 1c., Incidi! will pay 100% of the royalties associated to the subscribed artist's work paid to Incidi! by the digital stores.
5. Grant of some non exclusive rights to use the artist's work.
To promote, communicate, and make publicly available the artist's work in order to sell it, Incidi! needs to be granted for some music rights that are by law exclusive of the artist. In particular, the artist shall allows Incidi! to:
a. transfer the work into any medium (e.g. CD, USB stick, hard drive, etc.).
b. transfer the work into the Incidi! website
c. distribute the work over the Internet, intranets, WiFi, Bluetooth and similar resources existing at the time of use.
d. play the work through the Internet, intranets, WiFi, Bluetooth and similar resources existing at the time of use.
e. play the work in public places
f. promote, market and distribute the work worldwide.
This authorization will remain valid from the time of the subscription of the work to the service until it is removed from the service, on request of the Artist
6. Subscription procedure.
To subscribe to the services offered by Incidi!, the artist will have to open a new account on Incidi! website and then, through his personal page, sign up his work, clicking on the box 'New CD'.
The work subscription will be considered completed at the end of the following steps:
a. the artist provides Incidi! with the information required to subscribe the work
b. The artist pays Incidi! the registration fee for the work subscription
c. The artist provides Incidi! with the work, following the procedure described in this conditions
d. Incidi!, after receiving the work, the registration fee and all the necessary information, notify the artist on the completion of the subscription the work
During the procedure, the artist chooses which, among the three formats available, to put on sale: individual MP3 download, MP3 album download, or physical CD.
In addition, the artist chooses one ore more among the services described in paragraphs 1b. and 1c. The service described in section 1b. can be performed by Incidi! only if the artist provide Incidi! with the work physical supports to sell. The service described in paragraph 1c. can be performed by Incidi! only if the artist also selects the sale of digital download.
7. Definition of sales prices.
As for the service described in paragraph 1a., The Artist may at any time determine the selling price of the selected formats. This price can not be less than:
€ 2.00 for the album download
€ 0.60 per single song download
€ 2.00 for the physical CD
At any time, the artist can also define a discount value, that Incidi! may occasionally apply to the selling price set by the artist, thus generating a new net selling price of the work.
Any change in sales prices and in the discount value will be recorded in the Incidi!'s database.
As for the service described in section 1b., Incidi! will determine the selling price of the Work according to the indications of price set by the Artist, as described in the preceding paragraph.
Regarding the service described in paragraph 1c. the sale price of the work is defined by individual stores, and neither Incidi! nor the artist have the possibility to change it.
In case of sale of physical media, the amount of the costs for handling, packaging and shipping the CD shall be determined by Incidi!.
8. Storage and access to these terms and conditions.
These conditions are accessible from the Incidi!'s website, at the web link 'http://www.incidi.net/PAG/condizioni_vendita?Lan=En'.
9. Accuracy of information provided.
The Artist guarantees to provide Incidi! with true, accurate and complete personal information. The artist guarantees to have the ability to act and to understand, accept and comply with these conditions. Incidi! will not carry out checks on the reliability of the information provided by the Artist and disclaims any liability relating to any misrepresentation, or inaccurate, misleading or incomplete information provided by the artist.
10. Requirements for use.
As per the Article. 108 L. No 633/1941, the artist who is 16 years old has the capacity to perform all legal acts for the works he created. Is not allowed the subscription of Artists who have not reached the age of 16 in the absence of the supervision of a parent.
11. Username and password.
The Artist is responsible for proper use and storage of his password, so that no one else shall be able to know his credentials or access to the Artist's account. The Artist is considered by Incidi! the only person responsible for all activities carried out with his user name and password.
12. Transfer to affect Opera
Artist shall transfer his work to Incidi! as follows:
a. if the artist intends to put on sale the physical CD, he shall ship to Incidi!, at its expense, 5 (five) CDs for sale, unless otherwise specified by Incidi!. Each CD delivered by the artist for sale must be marked SIAE stamp, as indicated by italian law (D.P.C.M. 21.12.2001). For more detailed information please refer to SIAE website: http://www.siae.it. In addition, the Artist must provide Incidi! with 1 CD containing the Work, necessary for the upload on the Incidi! website.
b. if the artist intends to put on sale the download of his work, he must send it to Incidi! together with the abum cover and the tracklist. This is not necessary if the work has already been delivered to Incidi! according to paragraph a.
13. Artist's Personal page.
The Artist, by accessing his account, can:
a. choose how to receive the royalties related to the sales of his work. The available options are money transfer with Paypal account or bank withdrawal.
b. access sales details related to his subscribed work
c. change his personal information provided to Incidi!, except those relating to the username and e-mail
d. check the status of his royalties
e. proceed with new Work subscription
f. require removal of Works from the service
g. request the cancellation of his account
h. activate any services referred to in point 1b. and 1c.
i. use other options offered by Incidi!.
14. Removing a work from the service.
The Artist can request Incidi! at any time and for any reason to remove his Work from the service. This request may be made using the button provided by Incidi! in the Artist's account, or simply by e-mail to the address indicated by Incidi! at the link: http://www.incidi.net/PAG/contatti?Lan=En.
Removing a work from the services referred to in paragraph 1a. and 1b. is free of charge, and will be done by Incidi! within seven days, typically 24 or 48 hours.
Removing a work from the service referred to in paragraph 1c. is subject to prior payment of € 25.00 from the artist to Incidi!. The time required for removal, in this case does not depend on Incidi!, that can not intervene in any way to make it faster.
The Artist may choose to remove the work from the services described in paragraphs 1b. and / or 1c. while maintaining active the service 1a.
Incidi! reserves the right to remove a work by its website, after sending an e-mail, if the Artist or the Artist's work violate one or more of these conditions and / or one or more of the terms of use and purchase reported at the link: http://www.incidi.net/PAG/condizioni?Lan=En.
Removing a work from the service shall not in any way affect the Artist's sales data recorded until the day of removal, nor will cause to the Artist any loss of income not yet received from Incidi!.
At the request of the Artist, and after the Artist pays the shipping costs, Incidi! will also send any CD that is still in possession.
The subscription fee paid by Artist will not be refunded.
15. Account cancellation.
The Artist can, at any time, request the cancellation of his account through the button provided by Incidi! in his account, or simply by e-mail.
The actual deletion can only take place following the removal of the works from all the services, as described in paragraph 14. After the account deletion these conditions will finish their effectiveness, thus terminating any relationship between the artist and Incidi!.
Incidi! will proceed with the complete removal of the Artist account within 30 (thirty) days after the request for deletion.
The deletion procedure is described as follows:
a. Incidi! will immediately stop the promotion, distribution and sale of all the artist's works subscribed to the service and destroy all the artist's works in his possession.
b. Incidi! will withdraw on the Artist bank account all the royalties still unpaid
c. Incidi! will delete all Artist's personal data from its database
d. Only at the request of the Artist, and after the Artist pays the shipping costs, Incidi! will send any CD that is still in possession.
Following the account deletion, the Artist will have nothing to claim from Incidi!, and Incidi! will have nothing to claim from the Artist.
These conditions will remain in full effectiveness until the completion of the account cancellation.
16. Intellectual property and ownership rights in the Work.
By subscribing his work to the Incidi! services, the Artist guarantees under his responsibility:
a. to be the owner of the copyrights on the work, or, in any case, to ensure that he has obtained the written authorization from any other copyright holder to subscribe the work to the Incidi! services. If the Work subscription implies the payment of royalties, fees or any other type of monetary compensation to third parties, the Artist guarantees that will meet all these conditions to allow Incidi! to use the work in a legitimate and legal way;
b. for himself and the author of the literary part, that the Work was created in original form;
c. have, as per article. 34 of italian Law 633/41 and subsequent amendments, the capability to exercise the work rights exploitation;
d. had not previously signed documents that restrict ownership of the original rights or their exploitation, for example: he has not signed any exclusive production, publishing or distributing agreements concerning the Work, or other agreements that yield exclusively to third parties any right necessary to Incidi! to perform his service.
The subscription of the work to the Incidi! services by the artist implies neither any exclusive agreement with Incidi!, in particular concerning the rights usage guaranteed by law to the artist and the other copyrights owners, nor the loss for the Artist and the other copyrights owner of their rights ownership.
17. Obligations of the Artist.
By joining the service the Artist guarantees:
a. to provide Incidi! with true, accurate and complete data;
b. to not use the services offered by Incidi! to violate the copyright law and industrial property;
c. to comply with these Terms of Service and with the Terms of Use and Purchase, and perform all the necessary requirements specified in these conditions to allow Incidi! to perform his services.
d. to provide its assistance if any third party will claim the violation of the rights that the Artist has granted to Incidi! through the acceptance of these conditions, and to indemnify Incidi! from claims or legal actions from any third party, including any expense directly or indirectly connected with the Artist subscription of the work to the Incidi! services;
e. inform Incidi! of any agreement that limits the use of the copyrights on the work granted to Incidi! by the Artist at the moment of his subscription, and in any case to indemnify Incidi! for any penalty or additional cost derived from his missing communication.
f. inform Incidi! of any establishment of exclusive production, publishing or distributing agreements concerning the subscribed Work, or any other agreement that assigns exclusively to a third party the rights to use the Work needed ny Incidi! to perform his services;
18. Obligations of Incidi!.
Incidi!, except in case of uncompliance of the Artist Obligations, guarantees to:
a. realize the album page for the artist's work and make it available for purchase to the public through the internet
b. provide the tools for buying the work, including using third-party services (eg. Paypal)
c. deliver to the buyer on behalf of the Artist the purchased Work
d. make payment of royalties, whose percantage are specified in paragraph 4, and in the manner described below in the section "Reporting and Payment of Royalties";
e. keep the CDs sent by the artist for sale.
It is explicitely underlined that Incidi! is not obliged to make any publicity or promotion of the work. Any publicity or promotion of the work (as, for example and not limited to: making available to the public free streaming of the work in homepage any other section of the site different than the album page, making publicly available in any section of the website links to the album page, or text containing opinions or comments concerning the work) is performed at complete and absolute discretion of Incidi!, both in the manner and timing, not artist will never have nothing to claim in this respect. Incidi! does not guarantee to the Artist the attainment of any specific results after using the services offered, and shall in no way be held responsible in case of results under the Artist's expectations.
19. Reporting and payment of royalties.
Incidi! make the sales details related to the Artist's works accessible and visible in the Artist's account.
Regarding services 1a. and 1b., the details of each sale of the works will be reported in the account within 48 hours (typically within 24 hours).
Regarding the service 1c., the sales data will be reported quarterly.
Incidi! will credit, according to manner specified by the artist in his account, the royalties specified in these conditions, when such payment exceeds € 10.00; otherwise the royalties are kept within the Artist's balance until this condition is satisfied.
20. Disclaimer.
Incidi! disclaims any liability related to:
a. loss, damage or shipment error of the work due to the carrier's liability or third party connectivity provider;
b. errors in crediting of compensation arising from the incorrect, inaccurate, insufficient or contradictory information provided by the Artist;
c. any failures, delays or errors by the bank or financial service used to withdraw the royalties to the artist;
d. damage resulting from strikes, including its staff, suspension of connectivity service, connectivity disruptions, suspension or slowing of communications or transport, impediments caused by laws, or judicial action, or acts of nature, or acts of any other third party;
In any case Incidi! is not liable for the consequences of which are outside its control. The services offered by Incidi! are provided "as is ", and subject to availability. Incidi! does not guarantee continuous or safe service, or services without errors and interruptions. Incidi! does not guarantee to the Artist the attainment of any specific results after using the services offered, and shall in no way be held responsible in case of results under the Artist's expectations.
21. Changes in conditions.
Incidi! reserves the right to make changes to these conditions at any time for any reason. The validity of the changes will start simultaneously with their publication on the Incidi! website.
Any modification shall in no case be retroactive. In particular, any changes in the subscription cost may under no circumstances be applied to works already subscribed and any changes to royalties on sales can not be applied to works already sold or royalties already accounted or paid.
Incidi! will notify the Artist of the modification of these Terms and Conditions by e-mail.
22. Tacit acceptance of changes in conditions.
The Artist who, following communication via e-mail from Incidi! involving the changes of these conditions, continue to use the services offered by Incidi!, tacitly accepts these changes.
23. Governing Law.
Any dispute concerning the services offered by Incidi! will be governed by the italian laws.
24. Jurisdiction.
Any dispute that may arise over the interpretation, execution and / or termination of this contract will be judged by the Court of Rome.
Note: this is only a translation of the italian version of the terms and conditions of the service to the artists. In case of discrepancy between the two documents, the italian version will be the only one legally valid.
Definitions of terms
Artist. The person who uses the services offered by Incidi! and provides its own personal data to Incidi!, authorizes Incidi! to treat his personal data in compliance with the italian privacy law and to exercise some rights on his copyrighted works, that he submits to Incidi!.
Supplier. The person who provides the services specified in these conditions, hereinafter also referred to as 'Incidi!'.
Incidi! website or Incidi!. The physical structure and the computer services offered and provided by Incidi! to the subscribed artist.
Work / Music Work. Intellectual work created by the artist. The legal definition of intellectual work is provided by the Italian Civil Code and Italian Law on Copyright 633/41 and successive modifications and integrations, as well as other national and international rules on intellectual property.
Upload. Transfer of a work in digital format to Incidi! by the Artist.
Account or personal page. Set of web pages, belonging to the Incidi! website, accessible only by the artist and Incidi!, containing the artist's personal information given at the moment of his subscription, as well as sales data about his subscribed works, and other related data.
Album page. Web page belonging to the Incidi! website! through which it is possibile to listen and buy the Work.
Net selling price. means the retail price of the work, minus shipping costs when applicable.
Terms of Use and Conditions of Service
1. Description, Scope and Purpose of the service.
Incidi! offers to the artist services for distribution and commercialization of his musical works on behalf of the artist himself. In particular:
a. Incidi! offers to the artist the opportunity to commercialize his music works through the website http://www.incidi.net. The Artist may subscribe to the service his works both in physical (Compact Disc, or CD) and / or digital format (e.g. MP3).
b. Exclusively for the CD, Incidi! also offers artists a commercialization service through his account at the website http://www.ebay.it.
c. Exclusively for works in digital format, Incidi! offers to the artist a distribution service to other digital stores, including iTunes Store, Amazon MP3, eMusic, Napster and Rhapsody.
The Artist may choose to use the services in paragraphs 1b. and / or 1c. only if he subscribed his work to the service described in paragraph 1a.
2. Identity of the supplier. This website and the provision of its services are managed by Incidi! - Gabriele Rapino, Via Bolsena, 40, 00191 Rome, Italy, VAT Nr. 09971761003.
3. Cost of service.
the commercialization and distribution services are expensive for the artist, according to the following scheme:
a.The opening of a new artist account on Incidi! is free.
b. The subscription of the artist's work at the service described in paragraph 1a. costs € 29.90. This fee includes the option for the artist to also use the service described in section 1b.
c. The subscription of the artist's work at the service described in section 1c. costs € 19.90.
The Artist may subscribe his work to all the services described in paragraph 1 to the total cost of € 49.80.
4. Payment of the royalties to the artist.
Incidi! pays to the artist the royalties associated to the sales of the artist's subscribed works according to the following scheme:
a. For each artist's work sold through the website http://www.incidi.net, Incidi! will pay to the artist the 80% of the net selling price of the work. In case of sale of the work on a physical medium (e.g. CD), the shipping costs that the buyer pays are not considered as a part of the net selling price.
b. For each artist's work sold through the Incidi!'s account on the website http://www.ebay.it (or other websites belonging to eBay, such as http://www.ebay.com), Incidi! will pay to the artists the 80% of the net selling price of the work. In case of sale of the work on a physical medium (e.g. CD), the shipping costs that the buyer pays are not considered as a part of the net selling price.
c. Regarding the distribution service described in section 1c., Incidi! will pay 100% of the royalties associated to the subscribed artist's work paid to Incidi! by the digital stores.
5. Grant of some non exclusive rights to use the artist's work.
To promote, communicate, and make publicly available the artist's work in order to sell it, Incidi! needs to be granted for some music rights that are by law exclusive of the artist. In particular, the artist shall allows Incidi! to:
a. transfer the work into any medium (e.g. CD, USB stick, hard drive, etc.).
b. transfer the work into the Incidi! website
c. distribute the work over the Internet, intranets, WiFi, Bluetooth and similar resources existing at the time of use.
d. play the work through the Internet, intranets, WiFi, Bluetooth and similar resources existing at the time of use.
e. play the work in public places
f. promote, market and distribute the work worldwide.
This authorization will remain valid from the time of the subscription of the work to the service until it is removed from the service, on request of the Artist
6. Subscription procedure.
To subscribe to the services offered by Incidi!, the artist will have to open a new account on Incidi! website and then, through his personal page, sign up his work, clicking on the box 'New CD'.
The work subscription will be considered completed at the end of the following steps:
a. the artist provides Incidi! with the information required to subscribe the work
b. The artist pays Incidi! the registration fee for the work subscription
c. The artist provides Incidi! with the work, following the procedure described in this conditions
d. Incidi!, after receiving the work, the registration fee and all the necessary information, notify the artist on the completion of the subscription the work
During the procedure, the artist chooses which, among the three formats available, to put on sale: individual MP3 download, MP3 album download, or physical CD.
In addition, the artist chooses one ore more among the services described in paragraphs 1b. and 1c. The service described in section 1b. can be performed by Incidi! only if the artist provide Incidi! with the work physical supports to sell. The service described in paragraph 1c. can be performed by Incidi! only if the artist also selects the sale of digital download.
7. Definition of sales prices.
As for the service described in paragraph 1a., The Artist may at any time determine the selling price of the selected formats. This price can not be less than:
€ 2.00 for the album download
€ 0.60 per single song download
€ 2.00 for the physical CD
At any time, the artist can also define a discount value, that Incidi! may occasionally apply to the selling price set by the artist, thus generating a new net selling price of the work.
Any change in sales prices and in the discount value will be recorded in the Incidi!'s database.
As for the service described in section 1b., Incidi! will determine the selling price of the Work according to the indications of price set by the Artist, as described in the preceding paragraph.
Regarding the service described in paragraph 1c. the sale price of the work is defined by individual stores, and neither Incidi! nor the artist have the possibility to change it.
In case of sale of physical media, the amount of the costs for handling, packaging and shipping the CD shall be determined by Incidi!.
8. Storage and access to these terms and conditions.
These conditions are accessible from the Incidi!'s website, at the web link 'http://www.incidi.net/PAG/condizioni_vendita?Lan=En'.
9. Accuracy of information provided.
The Artist guarantees to provide Incidi! with true, accurate and complete personal information. The artist guarantees to have the ability to act and to understand, accept and comply with these conditions. Incidi! will not carry out checks on the reliability of the information provided by the Artist and disclaims any liability relating to any misrepresentation, or inaccurate, misleading or incomplete information provided by the artist.
10. Requirements for use.
As per the Article. 108 L. No 633/1941, the artist who is 16 years old has the capacity to perform all legal acts for the works he created. Is not allowed the subscription of Artists who have not reached the age of 16 in the absence of the supervision of a parent.
11. Username and password.
The Artist is responsible for proper use and storage of his password, so that no one else shall be able to know his credentials or access to the Artist's account. The Artist is considered by Incidi! the only person responsible for all activities carried out with his user name and password.
12. Transfer to affect Opera
Artist shall transfer his work to Incidi! as follows:
a. if the artist intends to put on sale the physical CD, he shall ship to Incidi!, at its expense, 5 (five) CDs for sale, unless otherwise specified by Incidi!. Each CD delivered by the artist for sale must be marked SIAE stamp, as indicated by italian law (D.P.C.M. 21.12.2001). For more detailed information please refer to SIAE website: http://www.siae.it. In addition, the Artist must provide Incidi! with 1 CD containing the Work, necessary for the upload on the Incidi! website.
b. if the artist intends to put on sale the download of his work, he must send it to Incidi! together with the abum cover and the tracklist. This is not necessary if the work has already been delivered to Incidi! according to paragraph a.
13. Artist's Personal page.
The Artist, by accessing his account, can:
a. choose how to receive the royalties related to the sales of his work. The available options are money transfer with Paypal account or bank withdrawal.
b. access sales details related to his subscribed work
c. change his personal information provided to Incidi!, except those relating to the username and e-mail
d. check the status of his royalties
e. proceed with new Work subscription
f. require removal of Works from the service
g. request the cancellation of his account
h. activate any services referred to in point 1b. and 1c.
i. use other options offered by Incidi!.
14. Removing a work from the service.
The Artist can request Incidi! at any time and for any reason to remove his Work from the service. This request may be made using the button provided by Incidi! in the Artist's account, or simply by e-mail to the address indicated by Incidi! at the link: http://www.incidi.net/PAG/contatti?Lan=En.
Removing a work from the services referred to in paragraph 1a. and 1b. is free of charge, and will be done by Incidi! within seven days, typically 24 or 48 hours.
Removing a work from the service referred to in paragraph 1c. is subject to prior payment of € 25.00 from the artist to Incidi!. The time required for removal, in this case does not depend on Incidi!, that can not intervene in any way to make it faster.
The Artist may choose to remove the work from the services described in paragraphs 1b. and / or 1c. while maintaining active the service 1a.
Incidi! reserves the right to remove a work by its website, after sending an e-mail, if the Artist or the Artist's work violate one or more of these conditions and / or one or more of the terms of use and purchase reported at the link: http://www.incidi.net/PAG/condizioni?Lan=En.
Removing a work from the service shall not in any way affect the Artist's sales data recorded until the day of removal, nor will cause to the Artist any loss of income not yet received from Incidi!.
At the request of the Artist, and after the Artist pays the shipping costs, Incidi! will also send any CD that is still in possession.
The subscription fee paid by Artist will not be refunded.
15. Account cancellation.
The Artist can, at any time, request the cancellation of his account through the button provided by Incidi! in his account, or simply by e-mail.
The actual deletion can only take place following the removal of the works from all the services, as described in paragraph 14. After the account deletion these conditions will finish their effectiveness, thus terminating any relationship between the artist and Incidi!.
Incidi! will proceed with the complete removal of the Artist account within 30 (thirty) days after the request for deletion.
The deletion procedure is described as follows:
a. Incidi! will immediately stop the promotion, distribution and sale of all the artist's works subscribed to the service and destroy all the artist's works in his possession.
b. Incidi! will withdraw on the Artist bank account all the royalties still unpaid
c. Incidi! will delete all Artist's personal data from its database
d. Only at the request of the Artist, and after the Artist pays the shipping costs, Incidi! will send any CD that is still in possession.
Following the account deletion, the Artist will have nothing to claim from Incidi!, and Incidi! will have nothing to claim from the Artist.
These conditions will remain in full effectiveness until the completion of the account cancellation.
16. Intellectual property and ownership rights in the Work.
By subscribing his work to the Incidi! services, the Artist guarantees under his responsibility:
a. to be the owner of the copyrights on the work, or, in any case, to ensure that he has obtained the written authorization from any other copyright holder to subscribe the work to the Incidi! services. If the Work subscription implies the payment of royalties, fees or any other type of monetary compensation to third parties, the Artist guarantees that will meet all these conditions to allow Incidi! to use the work in a legitimate and legal way;
b. for himself and the author of the literary part, that the Work was created in original form;
c. have, as per article. 34 of italian Law 633/41 and subsequent amendments, the capability to exercise the work rights exploitation;
d. had not previously signed documents that restrict ownership of the original rights or their exploitation, for example: he has not signed any exclusive production, publishing or distributing agreements concerning the Work, or other agreements that yield exclusively to third parties any right necessary to Incidi! to perform his service.
The subscription of the work to the Incidi! services by the artist implies neither any exclusive agreement with Incidi!, in particular concerning the rights usage guaranteed by law to the artist and the other copyrights owners, nor the loss for the Artist and the other copyrights owner of their rights ownership.
17. Obligations of the Artist.
By joining the service the Artist guarantees:
a. to provide Incidi! with true, accurate and complete data;
b. to not use the services offered by Incidi! to violate the copyright law and industrial property;
c. to comply with these Terms of Service and with the Terms of Use and Purchase, and perform all the necessary requirements specified in these conditions to allow Incidi! to perform his services.
d. to provide its assistance if any third party will claim the violation of the rights that the Artist has granted to Incidi! through the acceptance of these conditions, and to indemnify Incidi! from claims or legal actions from any third party, including any expense directly or indirectly connected with the Artist subscription of the work to the Incidi! services;
e. inform Incidi! of any agreement that limits the use of the copyrights on the work granted to Incidi! by the Artist at the moment of his subscription, and in any case to indemnify Incidi! for any penalty or additional cost derived from his missing communication.
f. inform Incidi! of any establishment of exclusive production, publishing or distributing agreements concerning the subscribed Work, or any other agreement that assigns exclusively to a third party the rights to use the Work needed ny Incidi! to perform his services;
18. Obligations of Incidi!.
Incidi!, except in case of uncompliance of the Artist Obligations, guarantees to:
a. realize the album page for the artist's work and make it available for purchase to the public through the internet
b. provide the tools for buying the work, including using third-party services (eg. Paypal)
c. deliver to the buyer on behalf of the Artist the purchased Work
d. make payment of royalties, whose percantage are specified in paragraph 4, and in the manner described below in the section "Reporting and Payment of Royalties";
e. keep the CDs sent by the artist for sale.
It is explicitely underlined that Incidi! is not obliged to make any publicity or promotion of the work. Any publicity or promotion of the work (as, for example and not limited to: making available to the public free streaming of the work in homepage any other section of the site different than the album page, making publicly available in any section of the website links to the album page, or text containing opinions or comments concerning the work) is performed at complete and absolute discretion of Incidi!, both in the manner and timing, not artist will never have nothing to claim in this respect. Incidi! does not guarantee to the Artist the attainment of any specific results after using the services offered, and shall in no way be held responsible in case of results under the Artist's expectations.
19. Reporting and payment of royalties.
Incidi! make the sales details related to the Artist's works accessible and visible in the Artist's account.
Regarding services 1a. and 1b., the details of each sale of the works will be reported in the account within 48 hours (typically within 24 hours).
Regarding the service 1c., the sales data will be reported quarterly.
Incidi! will credit, according to manner specified by the artist in his account, the royalties specified in these conditions, when such payment exceeds € 10.00; otherwise the royalties are kept within the Artist's balance until this condition is satisfied.
20. Disclaimer.
Incidi! disclaims any liability related to:
a. loss, damage or shipment error of the work due to the carrier's liability or third party connectivity provider;
b. errors in crediting of compensation arising from the incorrect, inaccurate, insufficient or contradictory information provided by the Artist;
c. any failures, delays or errors by the bank or financial service used to withdraw the royalties to the artist;
d. damage resulting from strikes, including its staff, suspension of connectivity service, connectivity disruptions, suspension or slowing of communications or transport, impediments caused by laws, or judicial action, or acts of nature, or acts of any other third party;
In any case Incidi! is not liable for the consequences of which are outside its control. The services offered by Incidi! are provided "as is ", and subject to availability. Incidi! does not guarantee continuous or safe service, or services without errors and interruptions. Incidi! does not guarantee to the Artist the attainment of any specific results after using the services offered, and shall in no way be held responsible in case of results under the Artist's expectations.
21. Changes in conditions.
Incidi! reserves the right to make changes to these conditions at any time for any reason. The validity of the changes will start simultaneously with their publication on the Incidi! website.
Any modification shall in no case be retroactive. In particular, any changes in the subscription cost may under no circumstances be applied to works already subscribed and any changes to royalties on sales can not be applied to works already sold or royalties already accounted or paid.
Incidi! will notify the Artist of the modification of these Terms and Conditions by e-mail.
22. Tacit acceptance of changes in conditions.
The Artist who, following communication via e-mail from Incidi! involving the changes of these conditions, continue to use the services offered by Incidi!, tacitly accepts these changes.
23. Governing Law.
Any dispute concerning the services offered by Incidi! will be governed by the italian laws.
24. Jurisdiction.
Any dispute that may arise over the interpretation, execution and / or termination of this contract will be judged by the Court of Rome.