Definitions of terms used
Visitor. Is the person who uses the services offered by Incidi!, provides his personal data to Incidi!, authorizes Incidi! to treat his personal information under the respect of the italian privacy law.
Supplier. The person who offers the services listed in these conditions, hereinafter also called "Incidi!".
Artist. Is the person who provides to Incidi! the goods that Incidi! offers for sale or available to the visitor through the services.
Incidi website. Is the overall physical structure and electronic and telematic services offered and made available by Incidi! to the visitor.
Musical Work, or Work. Musical work created by and intellectual property of the Artist. The legal definition of intellectual property is provided by the italian law on Copyright 633/41 and successive modifications and integrations, and other national and international rules on intellectual property.
Download. Transferring data from Incidi! website to a remote computer or other device connected to the Incidi! website.
Terms and conditions of service for the Visitor
1. Purpose and Scope of the service.
Incidi! offers the Visitor a service for using and/or purchasing Musical Works, both in electronic format and on conventional media such as Compact Disc (hereinafter referred to as CD). This service allows the visitor to hear the Musical Work in free streaming and / or buy it in electronic format, via download, or in physical format. When the Visitor purchases the physical format, Incidi! ships the CD to the Visitor through postal services.
2. Supplier identity.
This website and the provision of services are managed by Incidi!, owned by Gabriele Rapino, Via Bolsena, 40, 00191 Rome, P.IVA 09971761003.
3. Accession to the service.
For the use of free services offered by Incidi!, the Visitor accepts these conditions through the use of these services. The Visitor accepts the conditions for payment services at the end of the procedure provided in the section Purchase of the Musical Work.
4. Obligations of the Visitor.
The Visitor is obliged not to use Incidi! for each of the following purposes:
a. for crime, pornography and child pornography;
b. for purposes of spam, sending of viruses or other harmful files,
c. the purpose of violating the Law on Copyright and Industrial Property;
d. for publishing or transmitting in any manner information relating to trade secrets;
e. to put in place activities dimming, concealment or modification of the advertising service offered by Incidi!;
f. to use within the Incidi! Website external software not expressly authorized by Incidi!;
g. for activities that cause interference, interruptions or delays in the use of the services offered by Incidi!;
h. to falsify his identity or impersonate any person, to use your account name or password of another person, the use of any information obtained through the services of Incidi! in order to threaten, abuse, or harm in any way other persons;
i. to use services of Incidi! in any manner not permitted by the laws and regulations apply.
5. Obligations of the visitor for using the Musical Works.
The use of the Musical Works made available by Incidi! through its services is ruled by the italian copyright law 633/41 and successive modifications and integrations. In particular, the visitor must follow these rules:
a. the use of the Musical Works must be considered solely for private and personal purpose;
b. the visitor can not perform playback of the Musical Work on any equipment or devices of any kind for a purpose other than purely private and personal;
c. the visitor is not permitted to reproduce, adapt, translate, and any modification of the Musical Work, including changing the lyrics;
d. the visitor is not allowed to distribute the Musical Work to the public and / or to any third parties;
e. the visitor is not allowed to distribute the Musical Work on the Internet, or to execute it to the public, or to loan it, rent it or share it with third parties;
f. The visitor agrees not to interfere with, remove or modify the technological protection measures and any electronic system of rights which it is conveyed with the Opera.
6. Purchase of the Musical Work.
Incidi! offers the Visitor the possibility to purchase the Musical Work. This purchase is considered finalized at the end of the following technical steps:
a. The visitor will click the button containing the words "Pay now" or equivalent.
b. The Web browser used by the visitor is automatically directed to the website owned by PayPal (Europe) S.à rl & Cie, S.C.A.. The latter is a credit institution under Luxembourg law enabled in Italy to provide services to banking and, in particular to issue electronic money and to allow payment services with e-money. The terms and conditions of use of the services offered by PayPal is available on the website Paypal itself.
c. The visitor will follow the payment procedure as indicated by Paypal, providing the necessary information.
d. After the payment, the Web-browser of the visitor will be directed to the Incidi! website automatically, if the visitor makes the purchase through the paypal account, or manually, by clicking the button marked with the phrase "Return to Incidi" or other equivalent, if the transaction is made by credit card.
e. If the visitor has purchased the works in electronic form, it will be allowed to download the Work to his computer or to the device from which he purchased the Work. The Visitor, for technical reasons, must not terminate the application of the Web-Browser or enter a different web address until the download is not complete. The visitor has 24 hours to complete the download. In case of technical problems that prevent the proper completion of the download, the visitor shall communicate by e-mail to "email@example.com" the incident, including: the product purchased, the date and time of purchase, the incident description. Within 14 (fourteen) days, after the verification of the successful completion of the transaction, Incidi! will provide the visitor via email with a weblink for the download of the purchased Work without undertaking a new procedure payment.
f. If the visitor has purchased the Work in physical format (e.g. CD), Incidi! will send the Work to the billing address given by the visitor during the Paypal payment process.
g. The purchase of the Works is reserved for residents only in the countries of the European Union.
7. Withdrawal from purchase.
The visitor has the right to return the goods within 10 (ten) working days from the date of receipt of the goods subject of the sale. The right of withdrawal is exercised by sending, by the deadline, a written notice to Incidi! by registered letter. Where it has been the delivery of physical goods, the visitor must return it or make it available to the supplier or person designated by him. The costs related to returning the Work to the supplier or the person designated by him shall be paid by the visitor. Incidi! will refund the visitor by the money paid at the time of purchase within 15 days of receipt of such communication or, in case of withdrawal from the purchase of physical CD, within 15 days of receipt of the Work itself.
8. Cost of the Work.
The total cost for the purchase of the Work is shown in Paypal's web site next to the words "Total price including shipping" to which the Visitor's web-browser will be redirected during purchase procedure, as described in "Purchase of the Musical Work". Any costs for connecting the visitor to the internet or any other service provided by third parties at the visitor is not be included in the total cost and is completely under the Visitor resposibility.
9. Security and Responsibility of the transaction.
Incidi! assumes no liability for the use of the services offered by third parties, particularly the procedures for the transaction services offered by Paypal, or for any damage connected to the use of such services. Incidi! records in its database some information provided by the Visitor to Paypal except those related to credit card used for payment, which will never be communicated by Paypal to Incidi! anyway.
10. Age required to use the service.
The purchase of the Work is not allowed to visitors who have not completed 13 years of age without the supervision of a parent or legal guardian.
11. Exclusion of Liability for Incidi! with respect to the content of the Works.
Incidi! does not assume the obligation to mark or advertise the work with respect to its content or to the language used by the artist. With the use of the service offered by Incidi!, The visitor is aware that can find Works that may be deemed offensive, indecent, or objectionable, and that Works will not be identified by Incidi! as containing an explicit language. The visitor can not in any way considered Incidi! as responsible for the content of the Works.
12. System Requirements .
The use of the services offered by Incidi! requires a device such as a computer that has installed a software for web browsing (web-browser) and Internet access. Since the use of the services offered by Incidi! involves the use of hardware and software, the possibility of using the service is affected by the proper operation of hardware and software in question. In any case, is recommended a broadband or high speed Internet connection.
13. Intellectual property.
If the visitor feels that the Opera, protected by laws on intellectual property, has been duplicated and sent to Incidi! against these regulations, he will provide Incidi! with the following information: (i) a signature of the person authorized to act on behalf of the owner of the rights of exploitation of inventions, (ii) a description of the subject of copyright infringement, (iii) a description of where the Work is located on Incidi! website, (iv) his address, phone number and email address, (v) a signed statement in which he declares that there are reasonable grounds to believe that the Author is not authorized to use or sell the Work or provide Incidi! with the Work, and which states that the information provided is accurate and that it acts as a holder of the rights of use economic or on behalf of the owner himself.
14. Limitation of Liability.
Incidi! assumes no responsibility for each Work, its quality, its content or the views expressed and does not exercise any function of analysis, monitoring or control in relation to its quality or content. Incidi! does not check the veracity and has no responsibility for any false statements made by the artist in relation to information relating to the rights of the trader. The inclusion of a link to a website in the services offered by Incidi! does not imply an endorsement or approval of the website itself from Incidi!. If the visitor access to sites of third parties by following a link posted at Incidi!, You do so at your own risk. Regale! disclaims any responsibility on third party advertisements posted on the website of Incidi! or through the services offered by Incidi!, as well as to the goods or services provided by advertisers. In addition, Incidi! assumes no liability for errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication line failure, theft, destruction, unauthorized access or alteration of any communication made by visitors or by the artists. Regale! disclaims any liability with regard to any technical problem or incident of networks or phone lines, online computer systems, servers or providers, computer equipment, software, incorrect e-mail or playback software due to technical problems or traffic on a high Internet services offered by Incidi! or a combination thereof. For the sale of the CD containing the operation affected! disclaims any responsibility for actions, omissions or damaged by the third service provider of postage.
15. Exclusion of warranty.
All services offered by Incidi! are provided "as is" and subject to availability. Incidi! cannot guarantee secure, error-free and uninterrupted services. Incidi! clearly excludes any warranty of suitability for a specific purpose of the services offered. Incidi! can not guarantee or promise the achievement of specific results in relation to the usage of its services.
17. Changes to conditions of use.
Incidi! reserves the right to make changes to these terms at any time. The validity of the changes will begin simultaneously with their publication on the site of Incidi!. The visitor who uses the services offered by Incidi! after the changes made by Incidi! itself, tacitly accepts.
18. Governing Law.
Disputes related to the services offered by Incidi! will be governed by the laws of the Italian state.
For any dispute that may arise concerning the interpretation or enforcement of these conditions the Court of Rome will be the only competent.