Terms and Conditions.

These Terms and Conditions (“Terms”) apply between you and Musicity when you are using our website at www.musicityapp.com (our “website”). Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of the website.

1. ABOUT US
   1. We are Musicity of Corso Luigi Einaudi 37, Torino (“Musicity”, “we”, “us”, “our”).
   2. To contact us, please use our Contact Form.
   3. These Terms were last updated on Sunday, 6th of October, 2024, and are the current and valid version.
   4. The following additional terms apply to your use of our website and services and form part of these Terms: 
      1. Our Privacy Policy; and
      2. Our Cookie Policy. 

2. INTRODUCTION
   1. Use of our website is on the following Terms. If you do not agree to these Terms, please stop using our website immediately. By accessing and using our website you are indicating your acceptance to be bound by these Terms. They are a legal agreement between you and us and can only be amended with our consent. They should be read in conjunction with any details provided on our website about how our website operates and the services which are available, including our Privacy Policy and Cookie Policy. We reserve the right to change these Terms from time to time without prior notice by changing them on our website.

3. ACCESSING OUR WEBSITE
   1. We cannot guarantee that our website will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt our website or any computer system, server, router or any other internet-connected device.
   2. From time to time, we may restrict access to certain features or parts of our website, or our entire website, to users who have registered with us. 
   3. We reserve the right, in our discretion, to withdraw, suspend or modify our website or certain features or parts of our website with or without notice to you, where we have reason to do so.
   4. There may also be times when our website or certain features or parts of our website become unavailable, whether on a scheduled or unscheduled basis. You agree that we will not be liable to you or to any third party for any withdrawal, modification, unavailability, suspension or discontinuance of our website or any service available on or through our website.

4. USING OUR WEBSITE
   1. You must use our website and the information available from our website responsibly. No such information may be used for or in connection with any unlawful, immoral or anti-social purpose, or in a manner which is or may be damaging to our name or reputation.
   2. You cannot use our website:
      1. for any unlawful purpose;
      2. to send spam;
      3. to harm, threaten, abuse or harass another person, or in a way that invades someone’s privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us, our customers or suppliers;
      4. to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists;
      5. to tamper with, update or change any part of our website;
      6. in a way that affects how it is run;
      7. in a way that imposes an unreasonable or disproportionately large burden on us or our suppliers’ communications and technical systems as determined by us; or
      8. using any automated means to monitor or copy our website or its content, or to interfere with or attempt to interfere with how our website works.

5. INTELLECTUAL PROPERTY RIGHTS

All content on our website including but not limited to text, software, photographs and graphics is protected by copyright. We, or our licensors, own copyright and/or database rights in the selection, coordination, arrangement and enhancement of such content, as well as in the original content. Except as expressly set out in these Terms, nothing in these Terms shall give you any rights in respect of any intellectual property owned by us or our licensors. You shall not assert or attempt to obtain any such rights and you shall not use, copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, our name, trademarks, logos or other proprietary marks, or any of the content of our website, in whole or in part, except as provided in these Terms.

6. OUR LIABILITY
   1. Although we hope our website will be of interest to users, we accept no liability and offer no warranties or conditions in relation to our website or its content, to the fullest extent such liability can be excluded by law.
   2. There is no limit to what we and the people who provide our services will be liable for if someone dies or is injured because of our negligence or because we have committed fraud.
   3. Under no circumstances will we, the owner or operator of our website, or any other organization involved in creating, producing, maintaining or distributing our website be liable, whether in contract, tort (including negligence), breach of a statutory duty, even if foreseeable, for any loss of:
      1. profits, sales, business, or revenue;
      2. business interruption;
      3. anticipated savings;
      4. business opportunity, goodwill or reputation;
      5. use of, or corruption to information; or
      6. information.
   4. If we do not keep to these conditions, then we will only be liable for losses you have suffered as a direct result. We are not liable to you for any other losses whether such losses are because we have not kept to our obligations or contract, because of something we have done or not done in negligence, due to defamatory statements or liability for a product or otherwise as a result of:
      1. use of, or inability to use, our website;
      2. use of or reliance on any content displayed on our website; any mistake, fault, failure to do something, missing information, or virus on our website or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control;
      3. theft, destruction of information or someone getting access to our records, programs or services without our permission; or
      4. goods, products, services or information received through or advertised on any website which we link to from our website.

7. WARRANTIES
   1. While we make all efforts to maintain the accuracy of the information on our website, we provide the Services, website and all related content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
   2. To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our website or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our website, or electronic communications sent by us are free of viruses or other harmful components. 

8. INDEMNITY

You agree to indemnify and hold us, our related, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors, and assigns harmless from and against all claims, losses, expenses, damages, and costs (including but not limited to direct, incidental, consequential, exemplary, and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default, or omission, whether in your use of our Platform, services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise. 

9. OTHER IMPORTANT TERMS
   1. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms. 
   2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
   3. No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
   4. These Terms and any document expressly referred to in it constitutes the entire agreement between us.
   5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 
   6. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 
   7. These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the laws of Italy. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Italy.