General Terms and Conditions
A. General Terms and Conditions
This is a legal agreement (“Agreement”) between and among you and “Gianni Don Carlo”, and any other entity affiliated with GDC-Advertisements, GDC-Events, GDC-Management, GDC-Producing, GDC-Promotions, GDC-Records, en GDC-Sound (collectively, “Gianni Don Carlo”) stating the terms that govern your (i.e., customer, registered user, website visitor, DJ, label, brand, etc.) use of the “Gianni Don Carlo” websites, including the streaming service, radio stations, DJ profiles, label profiles, news service, concert listings, or other services located at websites owned by “Gianni Don Carlo” or “Gianni Don Carlo” branded (each of these websites and the services available through them are individually and collectively referred to in this Agreement as the “Website”, as the context requires, including without limitation any mobile version, IOS and/or Android application). By using the Website, you agree to and are bound by the terms of this Agreement. You must accept and abide by these terms as presented to you, and “Gianni Don Carlo” reserves the right to change, add, or remove portions of this Agreement at anytime. It is your responsibility to check the Agreement each time before using the Website, and your continued use of the Website will indicate your acceptance of any changes. In addition, you agree to comply with all local, state, federal, national, and international laws, statutes, ordinances, and regulations that apply to your use of the Website or Content (defined below).
- Age Requirement.In order to use the Product(s) or services offered on this Website, you need to:
(a) Be 18 years or older, or be 13 years or older and have your parent or guardian’s consent to the terms of this Agreement, and(b) Have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. If there are parts of this Website or services being offered on the Website where you need to register and provide certain information to “Gianni Don Carlo”: You must be at least 18 years of age. If you are at least 13 years of age, but under 18 years of age, you must present this Agreement to your parent or legal guardian, and he or she must click “AGREE” or “SIGN UP,” as may be applicable, to enter into this Agreement on your behalf. Children under 13 years of age may not register for the Website, nor may parents or legal guardians register on their behalf. If you are a parent or legal guardian entering this Agreement for the benefit of your child or a child in your legal care, be aware that you are fully responsible for the child’s use of the Website, including all financial charges and legal liability that he or she may incur.
- Content and Products.All “Content”, including but not limited to digital downloads of sound recordings, streamed sound recordings and related digital content, including songs, mixes and loops, downloads or samples, and all software, artwork, graphics, video, text, editorials and news, interfaces, trademarks, logos, images, photographs, and any other element of the Website, including the layout, look and feel, organization, and coordination of such Content on the Website is the property of or is licensed to “Gianni Don Carlo”, and is protected by U.S. and international trademark, trade dress, copyright, and other intellectual property rights laws. Without the prior written consent of “Gianni Don Carlo” or the applicable copyright holder, and except as provided in this Agreement, no Content may be transmitted, distributed, translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitized, endorsed, reproduced, altered to make new works, performed, or compiled in any commercial way. Some of the Content is “Products,” which is certain Content made available by “Gianni Don Carlo” for streaming, purchase and/or download. The Content is only for your personal, noncommercial use, except for those Products provided for by “Gianni Don Carlo” Sounds or Sounds to Sample.
- Objectionable Material.When using the Website, you understand that you may encounter Content that may be deemed objectionable, indecent, or offensive, which content may or may not be identified as having explicit language or text, graphic designs, and/or photographs. You agree to use the Website at your own risk and “Gianni Don Carlo” shall have no liability to you for Content that may be found objectionable, indecent, or offensive.
- Account Registration.(a) To use certain services of the Website you must register and provide certain information (e.g. a member (user) name, password, billing information, and valid email address) to “Gianni Don Carlo” (“Registration Data”) for the purposes of creating an account (your “Account”). You agree to provide current, complete, and accurate Registration Data at the time you register and you will update your Registration Data as necessary to keep it current, complete and accurate. The Registration Data will apply to all sections of the Website and act as your username and Registration Data for access, favoriting, communicating, purchasing, and/or streaming (where purchasing and/or streaming are applicable) to all sections of the Website. “Gianni Don Carlo” may terminate your Account and any or all rights to the Website if any information you provide is inaccurate, false, incomplete, or, if “Gianni Don Carlo”, in its own discretion, suspects fraudulent and/or illegal behavior, such as but not limited to identify theft, stolen credit cards, or artificial purchasing to inflate sales data, associated with your registration. You agree that “Gianni Don Carlo” may store and use the Registration Data you provide for use in billing fees to your credit card and maintaining your Account.(b) You are solely responsible for maintaining the confidentiality and security of your Account. You agree to notify “Gianni Don Carlo” immediately of any unauthorized use of your password and/or Account. “Gianni Don Carlo” shall not be responsible for any losses arising out of the unauthorized use of your Registration Data or Account, and you agree to hold harmless and to indemnify “Gianni Don Carlo”, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your Account. You may not attempt to gain unauthorized access to the Website. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, “Gianni Don Carlo” shall have the right to terminate your Account and pursue all available remedies at law.
- Consent to our communication with you by E-Mail.By establishing an Account, you grant permission for “Gianni Don Carlo” to contact you at your provided e-mail address as well as through any of your social media accounts (Facebook, Twitter, Instagram, etc.).
- System Requirements for Usage.You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses
(a) to connect to, browse or otherwise use the Internet, and/or(b) to access the Website, and/or(c) to browse, stream, download, upload, play back, or transfer the Content.From time to time, you may have to install software, available through the Website, to aid in the accessibility of Content; however, the purchase or obtaining of any other product shall not be construed to represent or guarantee you access to the Content. If you need information on the specifications of any equipment, Internet access or software required to use the services provided by the Website, including Sounds To Sample, please contact the Customer Support team. You may not attempt, nor support others’ attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or Content. If you access the Website over mobile or via an IOS or Android application, data charges may apply.
- Charges and Billing.You agree to pay for all for-fee Products and Subscriptions that you purchase through the Website. “Gianni Don Carlo” may charge your credit card for any Products and Subscriptions purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. You hereby agree to authorize “Gianni Don Carlo” to charge your credit card for the above mentioned at “Gianni Don Carlo’s convenience, but within (30) days of credit card authorization, but no earlier than the purchased Product is available for actual download or delivery, unless as may be required to process pre-order purchases at your request. YOU ARE RESPONSIBLE FOR PROVIDING “GIANNI DON CARLO” WITH A VALID CREDIT CARD AND THE TIMELY PAYMENT OF ALL FEES. At its discretion, “Gianni Don Carlo” may post charges individually or aggregate your charges with other purchases you make on the Website. If any of your billing information changes, you are responsible for updating the information in the applicable section of your Account. You are responsible for any charges on your Account that are incurred by any person through your Account, regardless of whether you authorized such purchase or not. You are solely responsible for keeping your Account secure and confidential.“Gianni Don Carlo” may, at its discretion, modify, suspend, or discontinue the Website (or any part or content thereof) at any time with or without notice to you, and “Gianni Don Carlo” will not be liable to you or to any third party should it exercise such rights.
- Limitation on Sales“Gianni Don Carlo” sells Products to end user customers only, and not to resellers, distributors, music dealers, exporters, wholesalers, or any other businesses with an Internet to resell. “Gianni Don Carlo” reserves the right to refuse access to the Website or sale of Products or offering of streaming music for any reason, to any end user. “Gianni Don Carlo” may terminate any offers for free or special promotions or pricing on merchandise at any time.
- Right to Change Prices and Content Availability.Prices and availability of Content offered through the Website are subject to change at any time. “Gianni Don Carlo” does not provide price protection or refunds in the event of a price drop or promotional offering.
- Sales of Downloads.Each Download (as defined below) Product is an individual sale and subject to the terms and conditions of this Agreement. Each purchase of a Download by you will be regarded, as a separate transaction and each delivery of a Download will constitute a separate sale, whether delivery is in whole or partial fulfillment of an order. For the purpose of creating “Gianni Don Carlo” charts and other marketing data, “Gianni Don Carlo” reserves the right to correct or ignore any Downloads it suspects are a result of suspicious sales behavior intended to, in “Gianni Don Carlo’s sole discretion, falsely inflate sales data.
- No Refunds.All sales are final and all charges from those sales are nonrefundable. “Gianni Don Carlo” will not refund any fees for Products or services that you purchase and then fail to download, unless such failure is caused solely by the negligence or gross misconduct of “Gianni Don Carlo”.
- No Responsibility for Typographical Errors.Due to the rapidly expanding, broad selection of Content on the Website, it is possible that Products may be accidentally mispriced. In such an event, “Gianni Don Carlo” reserves the right not to accept end user orders with prices based upon typographical errors.
- Taxes.You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
- Order Acceptance Policy.Your receipt of an electronic or other form of confirmation does not
(1) constitute “Gianni Don Carlo’s” offer to sell or(2) convey “Gianni Don Carlo’s” acceptance of your order.
“Gianni Don Carlo” reserves the right, at its discretion, and without prior notice to you, and for any reason, to decline your request for Product(s), or supply less than the quantity you ordered following receipt of your order. Additionally,“Gianni Don Carlo” reserves the right, at its discretion, to accept payment and process delivery of the Product, without accounting for the purchase for “Gianni Don Carlo” chart purposes, if it believes, for any reason, at its discretion, that such purchase was solely intended to falsely inflate sales data.
- Charges and Billing.“Gianni Don Carlo” currently accepts Visa, Master Card, and Pay Pal. “Gianni Don Carlo” does not accept cash, money orders, or checks. “Gianni Don Carlo” reserves the right to change this policy at any time. You agree to pay all fees and charges associated with your purchase(s) (including any applicable taxes), at the rates in effect when the charges were incurred. You, not “Gianni Don Carlo”, are responsible for any unauthorized amounts billed to your credit card by a third party. As a cardholder, your card issuer agreement governs your use of the designated card, and as such, you must refer to that agreement to determine your rights and liabilities as a cardholder. Obligation to pay for Product orders previously accepted by “Gianni Don Carlo” will survive your termination of your Account. Due to the nature of the service, refunds are only available in exceptional circumstances at “Gianni Don Carlo’s” management’s sole discretion.
- Currency.“Gianni Don Carlo” accepts the following currencies: US Dollars, Euro, British Pound and Australian Dollar. The currency displayed and accepted for each individual purchase is solely based on your territory of sale and cannot be modified by the end user. All purchases made using US Dollars shall be processed by “Gianni Don Carlo”. All purchases made using currency other than US Dollars shall be processed by “Gianni Don Carlo” Europe. Any issues occurring with your purchase should be directed to the Customer Support team identified on the Website, regardless of the currency used in the purchase.
- Limitations of Content Usage and Copyright.“Gianni Don Carlo” may make available certain Content. Your access to and/or use of any Content will be limited by the rules assigned to the Content by “Gianni Don Carlo” (“Content Rules”) and described in this Agreement or on the Webpage where you acquire access to such Content. You may not attempt, nor support others attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or any of the Content Rules. “GIANNI DON CARLO” RESERVES THE RIGHT TO ENFORCE THE PRODUCT RULES WITH OR WITHOUT NOTICE TO YOU.A “Stream” is the digital transmission of a sound recording of a musical work to an end user over the Internet where the content may be heard or viewed, but not downloaded for later playback. You may not attempt, or support others’ attempts, to download, copy, distribute, alter or capture a Stream.A “Preview” is a promotional portion of a sound recording, which is made available to you by Streaming while you are logged onto the Website. Previews may also consist of a promotional music video. Previews are offered at no cost to you, via Streaming, and you may play as many Previews as you like. You may not attempt, or support others’ attempts, to download, copy, distribute, alter or capture a Preview.A “Download” is a purchased Product that you can(1) transfer to a compatible portable device,(2) save to your hard drive with unlimited playback time, or
(3) burn to a CD/DVD, in each case for personal private use only and not for commercial or public use or distribution. “Gianni Don Carlo” shall have no liability for lost, damaged, or destroyed Downloads. Any security technology that is provided with a Download is an inseparable part of the Download. The Download capability does not operate to limit any rights of the copyright owners in a Product or any works embodied in them.
Except as otherwise provided herein, you may not copy, reproduce, modify, rent, lease, broadcast, download, transmit, distribute or otherwise disseminate any Previews, Streams or Downloads or other Content contained on the Site except for your own personal, non-commercial use. Any copying, distribution, use or sharing is not permitted by this Agreement or applicable provisions of the United States Copyright Code, and is in violation of U.S. and international copyright and intellectual property laws.
- Prohibited Uses of Content.You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Downloads, Streams and/or Previews. You may not play and then re-digitize any Downloads, Streams and/or Previews. You may not create any “derivative works” by altering any of the Content, except as permitted herein. You may not use the Downloads, Streams and/or Previews in conjunction with any other third-party content (e.g., to provide sound for a film) unless you obtain such rights from the copyright holder. YOU MAY NOT UPLOAD DOWNLOADS, STREAMS OR PREVIEWS TO THE INTERNET. PEER-2-PEER FILE SHARING IS STRICTLY PROHIBITED. Any other manner of network file sharing and transfer of Downloads, Streams or Previews to devices for such purpose is expressly prohibited and is a violation of U.S. and international copyright law.
- Stems File FormatThe Limitations of Content Usage and Copyright, as provided in Section 17 of this Agreement, the Prohibited Uses of Content, as provided in Section 18, and any other terms and conditions that apply to standard digital downloads of sound recordings, are applicable to any Content downloaded in the Stems file format. For clarity, any digital download of a sound recording, including those in the Stems file format, other than those specifically purchased on the “Gianni Don Carlo” Sounds platform, are provided only for your personal, noncommercial use, or performance.
- Loss of Rights by “Gianni Don Carlo”.“Gianni Don Carlo” may at any time lose the right to make certain Content available. In such an event, you will no longer be able to access such Content from the Website.
- Electronic Signatures and Contracts.Your use of the Website and establishment of an Account includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of this Agreement and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Website, including notices of cancellation, policies, contracts, and applications.
- Community and Brand Features / Public Areas.The Website may contain features designed to help users, DJs, labels or brands (collectively a “user” or “users”) find and/or exploit Content of personal interest by creating landing pages, pubic profiles, generating short URLs and/or viewing Content that other users or artists have sampled, streamed, uploaded and/or downloaded. These features may include access to a user’s most recently played list and access to a user’s collection of Content. Further, “Gianni Don Carlo” may feature message boards, comment areas, and/or chat rooms that allow for communication and posting of public profiles between users of the Website. The public areas are offered on a read only basis until a user signs up for the ability to post messages in the various forums. “GIANNI DON CARLO” HAS THE RIGHT, BUT NOT THE OBLIGATION, TO MONITOR, EDIT, OR REMOVE ANY ACTIVITY OR CONTENT IN SUCH PUBLIC AREAS, OR TO RESTRICT ACCESS TO OTHER MEMBERS TO VIEW YOUR MUSIC, CONTENT COLLECTION OR PUBLIC PROFILES. “Gianni Don Carlo” is not responsible and assumes no liability for any activity, content, messages and the like that you or any other user posts to a public area or a public profile, or send to another user.
- “Gianni Don Carlo” Username Policy.No two users or DJs can have the same “Gianni Don Carlo” Username or DJ name (collectively, ““Gianni Don Carlo” Username”) on the “Gianni Don Carlo” platform. “Gianni Don Carlo” Usernames are provided on a first-come basis.“Gianni Don Carlo” will not typically intervene in “Gianni Don Carlo” Username disputes. Disputes should be resolved between the parties. However, “Gianni Don Carlo” reserves the right, in its sole discretion, to permanently remove, reassign, or ask a user or DJ to modify his/her “Gianni Don Carlo” Username in situations where:(i) An account has been inactive for a period of time;(ii) “Gianni Don Carlo” determines that a “Gianni Don Carlo” Username is offensive, commercial in nature, violative of, or a derivation of, a third party’s trademark or service mark, or is determined by “Gianni Don Carlo” to be otherwise misleading;(iii) “Gianni Don Carlo” suspects that a “Gianni Don Carlo” Username is being squatted;(iv) The registered “Gianni Don Carlo” Username is that of a more established, well-known DJ, and “Gianni Don Carlo’s decision not to reassign the “Gianni Don Carlo” Username will lead to consumer confusion; and
(v) “Gianni Don Carlo” has determined, in its own discretion, the situation is such that removing or reassigning the “Gianni Don Carlo” Username is most appropriate under the circumstances.
Any attempts to sell, buy, or solicit other forms of payment in exchange for a “Gianni Don Carlo” Username is strictly prohibited and may result in permanent account suspension.
- User Generated Content.“Gianni Don Carlo” may permit users to create customized landing pages and post or upload content, including mixes, tracks, play list compilations, performances, videos, pictures, messages, texts, logos, and other content made available by individual artists, labels, brands, and/or users for the purpose of sharing with “Gianni Don Carlo” users via Streaming or otherwise (“User Content”). You are solely responsible for any User Content you may provide and for any consequence thereof. By uploading User Content, you represent and warrant that(i) you own or otherwise control all applicable rights to the User Content,(ii) have the necessary rights to post, upload, transmit or display the User Content on “Gianni Don Carlo”, and(iii) that such User Content, or its use as contemplated by this Agreement, does not:
(a) violate this Agreement, applicable law, or the intellectual property or publicity rights of others;
(b) imply an affiliation, endorsement, approval or cooperation with you or your User Content by “Gianni Don Carlo” or any unwilling, or unknowing, third-party, without that party’s express written consent, or
(c) cause injury to any person or entity.
You agree to defend indemnify and hold harmless “Gianni Don Carlo”, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for all claims resulting from User Content. You agree that any loss or damage of any kind that occurs as a result of the use of any User Content you upload, post, transmit, display or otherwise make available through your use of the Website is solely your responsibility. The rights granted herein shall inure for so long as the User Content is provided by you on the “Gianni Don Carlo” Website. Except from those rights specifically granted by herein, you shall retain ownership of all rights, including intellectual property rights, in the User Content that you post on “Gianni Don Carlo”. You acknowledge that no payments shall be made to you for the User Content, except as provided for in Section C of this Agreement or as may be provided under a separate Agreement between you and “Gianni Don Carlo”. “Gianni Don Carlo” reserves the right to remove any User Content, for any reason or no reason at all, including, but not limited to, copyright violations, derogatory or offensive content, User Content that is deemed to be a third-party advertisement or promotional in nature, or User Content that violates this Agreement. “Gianni Don Carlo” reserves the right to terminate the user account and DJ profile of users who are repeat offenders of this copyright policy. “Gianni Don Carlo” does not monitor, review, edit, or endorse User Content. If you believe that User Content violates your intellectual property, please review the “Copyright Information” page for instructions on how to file a copyright claim with “Gianni Don Carlo”.
You may not use the Website (or any part of it, including but not limited to public areas) to upload, post, transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a “spamming” nature, defamatory, or invasive of privacy; (ii) violate (intentionally or unintentionally) a contractual, fiduciary or confidentiality obligation or duty you have to any third party; (iii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer system; (iv) provide links to unapproved third party sites; or (v) that infringe third-party rights or harm minors in any way. You may not interfere with or disrupt the Website or any networks connected to or by the Website. In addition, you may not use a false email address or otherwise mislead other users as to your identity or the origin of a message or content.
- “Gianni Don Carlo’s Rights.By posting messages, inputting data, or engaging in any other form of communication through the Website, you agree that “Gianni Don Carlo” may copy, sub-license, adapt, transmit, publicly perform or display any such Content to provide and/or promote the Website and/or to respond to any legal requirement, claim or threat. If “Gianni Don Carlo’s use of such Content exploits any proprietary rights you may have in such material, you agree that “Gianni Don Carlo” has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to do so.
- Copyrights.All copyrights in and to the Website, including, but not limited to, “Gianni Don Carlo” Pro and the streaming service, (including the compilation of content, postings, DJ profile pages, links to other Internet resources, and descriptions of those resources), and software, are owned by “Gianni Don Carlo” and/or its licensors. The use of the Website, or any Content on the Website, except for use as expressly permitted in this Agreement, is prohibited and subject to civil and criminal penalties, including possible monetary damages, for copyright infringement. All rights not expressly granted to you in this Agreement are reserved to “Gianni Don Carlo” and/or is licensors.
- Trademarks.All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Website are the property of “Gianni Don Carlo” and/or its affiliates or licensors. You may not copy, display or use any of these marks without prior written permission of the mark owner.
- Violation of Intellectual Property Rights.This service respects copyright. All rights of the authors of the works protected, reproduced and communicated on this site are reserved. Unless authorized, any use of the works other than for the purpose of individual and private reproduction and use is prohibited.If “Gianni Don Carlo” receives a notice alleging that you have engaged in behavior that infringes “Gianni Don Carlo’s or an other’s intellectual property rights or reasonably suspects the same, “Gianni Don Carlo” may suspend or terminate your Account without notice to you, and shall have no liabilities to you, past or present, for suspension or termination under this paragraph. We take alleged copyright infringement seriously. If you believe that any information or material on the Website constitutes copyright infringement, you can send an email to the following address: Violation-of-Intellectual-Property-Rights@GianniDonCarlo.com
- Enforcement of These Terms.“Gianni Don Carlo” reserves the right to enlist and take measures that “Gianni Don Carlo” believes are reasonably necessary to enforce, or appropriate to enforce, or verify compliance with any part of this Agreement (including but not limited to “Gianni Don Carlo’s right to cooperate with any legal process relating to your use of the Website and/or Content, and/or a third party claim that your use of the Website and/or Content is unlawful and/or infringes such third party’s rights). You agree that “Gianni Don Carlo” has the right, without liability or notice to you, to disclose any Registration Data/Account information to law enforcement authorities, government official, and/or third party, as “Gianni Don Carlo” believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to “Gianni Don Carlo’s right to cooperate with any legal process relating to your use of the Website and/or Content, and/or a third party claim that your use of the Website and /or Content is unlawful and/or infringes such third party’s rights).
- No Responsibility for Third-Party Materials or Web Sites.The Website may include Products, Content, and services from third parties available via the Website. “Gianni Don Carlo” may include links to third party websites, which are provided solely as a convenience to you. “Gianni Don Carlo” assumes no liability or responsibility for third-party materials or websites, and you acknowledge and agree that “Gianni Don Carlo” is not responsible for evaluating or examining the content or accuracy of any such third-party material or websites.
- Indemnity and Waiver.By using the Website you agree to defend, indemnify and hold harmless “Gianni Don Carlo” and its agents, employees, directors, contractors, representatives, licensors, technology providers, affiliates, parents and subsidiaries from and against any and all claims, losses, demand, causes of action and judgments (including attorney’ fees and court costs) arising from or concerning your breach of this Agreement and your use of the Website or the Content and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof. You shall not sue or seek to recover any damages or other payment from “Gianni Don Carlo” and its agents, representatives, employees, Licensors, affiliates, content and technology providers, and any parent or subsidiary company as a result of its decision to terminate or suspend the Agreement and service hereunder.
- Termination/Cancellation.If you fail, or “Gianni Don Carlo” suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to: failure to make payment of fees due, failure to provide “Gianni Don Carlo” with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, using your Account for activities “Gianni Don Carlo” believes violate the intentions or integrity of its platform including violation of a third party’s intellectual property rights and squatting usernames or profile accounts, as well as using explicit language or indecent photographs/videos in any profiles, or any other violation of this Agreement or any license to the software, “Gianni Don Carlo”, at its sole discretion, without notice to you may:(i) terminate this Agreement and /or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or(ii) preclude your access to the Website (or any part thereof), and seek any other lawful remedy available.
- Governing Law.The laws of the Netherlands, excluding its conflicts of law rules, govern this Agreement and your use of the Website. Your use of the Website may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with “Gianni Don Carlo” or relating in any way to your use of the Website resides in the courts of the Netherlands.
- Disclaimers and Limitations of Liability.(a) You agree that from time to time “Gianni Don Carlo” may remove the Website, or portions of the Website, for indefinite periods of time, or cancel the Website, or portions of the Website, at any time, with or without notice to you.(b) “Gianni Don Carlo” makes no warranty that any particular CD burner, browser, or portable device will be compatible with the Website or any Content offered on the Website.(c) Under no circumstance shall “Gianni Don Carlo” be liable for any unauthorized use of the Website or its Content.(d) To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, “Gianni Don Carlo” shall be entitled to the maximum disclaimers and/or limitation on damages and legality available at law or in equity by such applicable law in such particular circumstance, and in no event shall such damages or liability exceed € 10,00.(e) All Content on this Website is provided to you on an “as is” “as available” basis without warranty of any kind either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. “Gianni Don Carlo” makes no warranty as to the accuracy, completeness, currency, or reliability of any content available through the website. You are responsible for verifying any information before relying on it. Use of the Website and the Content available on the Website is at your sole risk. “Gianni Don Carlo” makes no representations or warranties that use of the website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you may obtain from the Website is free of viruses.
(f) “Gianni Don Carlo” specifically disclaims any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the website, even if “Gianni Don Carlo” has been advised of the possibility of such damages, including but not limited to reliance by any party on any content obtained through the use of the website, or that arises in connection with mistakes or omissions in, or delays in transmission of, information or content to or from the user, interruptions in telecommunications connections to the website or viruses, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the website, or related information or programs.
B. “Gianni Don Carlo” Sounds Terms and Conditions
Please read these “Gianni Don Carlo” Sounds Terms and Conditions (“Sounds Terms”) carefully before purchasing any products in the “Gianni Don Carlo” Sounds catalogue. By using “Gianni Don Carlo” Sounds or purchasing or downloading any Sounds Product, you are agreeing to be bound by these Sounds Terms.
If you do not wish to be bound by these Sounds Terms, do not use “Gianni Don Carlo” Sounds or download or purchase any Sounds Product.
- Sounds Terms and ConditionsThese Sounds Terms are applicable for all purchases made on the “Gianni Don Carlo” Sounds section of the Website and on Sounds to Sample, located under the domain soundstosample.com (collectively ““Gianni Don Carlo” Sounds”). These Sounds Terms are not applicable to purchases made on any other portion of the Website.All of the general terms and conditions set forth above are incorporated herein. If there is any conflict between those general terms and conditions and these Sounds Terms, these Sounds Terms shall apply (for “Gianni Don Carlo” Sounds purchases only).
- Sounds Product License.This is a non-exclusive, non-transferrable, terminable license agreement between you and “Gianni Don Carlo”. Upon your purchase or download of any Sounds Product and subject to your compliance with these Sounds Terms and the general terms and conditions, you are granted a royalty free, non-exclusive license in the purchased loops, samples, sound effects, and/or patches, or any variations thereof, both singularly and as collections (collectively “Sounds Product”) for commercial and non-commercial use exclusively in a derivative work created by you. Your receipt of such purchase shall act as your license in the Sounds Product.All Sounds Products remain the property of “Gianni Don Carlo” or its Licensor (the “Copyright Holder”) and are licensed to you only for use in the creation of a live or recorded performance that includes the licensed samples as part of a derivative musical or visual work created by you, the licensed end user.You are not the Copyright Holder. Your use of the Sounds Product is permitted without first obtaining a separate license from the Copyright Holder provided that you modify the samples within a musical or visual context and do not present them isolated. Likewise, any Sounds Product, which is a rhythm loop sample, must also be combined with other types of samples or sounds to effectively form a new composition or derivative work, in a manner that is clear and distinct from the isolated rhythm loop itself.
- Nontransferable.This non-exclusive license is granted for a single user only, on a global basis, for the full copyright protection period (unless earlier terminated) and is not transferrable. Only the original purchaser of the Sounds Product has the right to embody and utilize the Sounds Product within their derivative work.This license expressly forbids the copying, lending, duplicating, sublicensing, trading, resale, rental, loan, gift or transfer of any part of the Sounds Product or a copy thereof, in any format or via any medium, to another person or company, except in accordance with a permitted use contained herein in a derivative work created by you. You may not electronically transfer the Sounds Product or place the Sounds Product in a file sharing or service bureau operation or a computer/sampler network.The purchased Sounds Product may not be included, whether modified or as part of a derivative work, in any musical library or sample library product.Any unlicensed usage will be prosecuted to the maximum extent possible by law.
- Termination.“Gianni Don Carlo” may terminate your rights in a purchased Sounds Product upon written notice to you if it believes you have breached any of the Sounds Terms. Upon such termination you must return, destroy, remove, and cease all use of the identified purchased Sounds Product. No refunds shall be granted for such terminations.
- Indemnification.You agree to defend, indemnify and hold “Gianni Don Carlo” harmless from and against any claims, damages, liabilities, costs and expenses, including reasonable attorney’s fees, arising out of your breach of these “Gianni Don Carlo” Sounds Terms and Conditions and/or misuse, deliberate or otherwise of the Sounds Product, and/or violation of the rights purchased pursuant to this Agreement.
- Agreement.These Sounds Terms express the entire understanding between you and “Gianni Don Carlo” in relation to the Sounds Product and shall supersede all other oral or written communications relating to the Sounds Product or its use.
C. API Terms and Conditions
- Services.The “Gianni Don Carlo” API is a service that allows pre-approved licensees to retrieve select content available at the Website for inclusion on your “Gianni Don Carlo” approved domain.
(b) use, display, mirror or frame (including in meta-tags or hidden text) the Website or any individual element of the Website without “Gianni Don Carlo’s express written consent;
(c) use the API in conjunction with a subscription service or the distribution of, whether for free or for sale, any content that is available for purchase or free download on the Website, whether or not you have the appropriate license and rights to distribute such materials, without express permission by “Gianni Don Carlo” (except that your use of the API may provide a link to the Website where the user may purchase or download the associated content); or
(d) mislead, misguide, or confuse users.
(iii) Use of “Gianni Don Carlo” Logos and Trademarks.
“Gianni Don Carlo” grant you a non-exclusive license to use the “Gianni Don Carlo” trade name, logo, and trademark solely to identify the source of the “Gianni Don Carlo” API content or as direct links to the “Gianni Don Carlo” Website. This right does not extend to any other brand element featured prominently on the Website or associated with the “Gianni Don Carlo” brand. All permitted use of the “Gianni Don Carlo” trade names, logos, trademarks, and other distinctive brand features must be presented as provided through the “Gianni Don Carlo” API or as defined in the “Gianni Don Carlo” Style Guide.
(iv) Link to Purchase Pages.
The “Gianni Don Carlo” API may only be used with those platforms from which a functional link is made available that, when accessed, takes the user to the page on “Gianni Don Carlo’s website where the user can access the associated content. You may not utilize the “Gianni Don Carlo” API in a manner that does not permit successful linking to, redirection to or delivery of the applicable “Gianni Don Carlo” web page.
- Platform Usage.
- “Gianni Don Carlo” may sometimes review the API platform (including how our services are being accessed and used), but you acknowledge that we have no obligation to do so. “Gianni Don Carlo” is not responsible for files, content, or any other information accessible through the API platform.
- We may limit the number of calls accepted by the API if we believe that the number of calls to the “Gianni Don Carlo” API may negatively impact the “Gianni Don Carlo” API or Website performance.
- Our API platform is a work in progress. Please keep that in mind. It may continue to change over time as “Gianni Don Carlo” refines and adds more features with the needs of our audience and feedback received.
- Copyrights and License“Gianni Don Carlo” grant you a limited, non-sub licensable right to access the API and use the “Gianni Don Carlo” data for non-commercial and informational use. Any commercial use must be pre-approved by “Gianni Don Carlo” and any options to purchase content provided by the API must link back to “Gianni Don Carlo’s website, unless otherwise permitted by “Gianni Don Carlo”.
- Proprietary Rights and License.
- “Gianni Don Carlo” Property.As between you and “Gianni Don Carlo”, “Gianni Don Carlo” retains all rights, title and interest, including without limitation all intellectual property rights, in and to, (a) the API and any and all elements and components thereof, including content, technology, software, code, user interfaces, and any derivative works and/or compilations thereof or relating to; (b) the Content available through the API; (c) the “Gianni Don Carlo” brands; and (d) any feedback (including suggestions, comments, improvements, ideas, etc.) about the “Gianni Don Carlo” services, the content, the API, or any applications “Gianni Don Carlo” may be developing.
- Restrictions.Your User of the “Gianni Don Carlo” API is subject to the following restrictions:
- All calls to the “Gianni Don Carlo” API must reference the API Key issued to you as an approved licensee. You will not share the API Key and any other authentication details with any third party.
- You will provide the “Gianni Don Carlo” content to your users on “As Is” terms.
- You may not use the “Gianni Don Carlo” content in a product, service, or for commercial use without “Gianni Don Carlo’s express permission.
- You further agree not to otherwise reproduce, modify, distribute, or reverse engineer any portion of the “Gianni Don Carlo” API or any content or data provided through the “Gianni Don Carlo” API.
- You agree not to use the “Gianni Don Carlo” API, “Gianni Don Carlo” content, or the “Gianni Don Carlo” trade names, logos, and trademarks in any way that harms “Gianni Don Carlo”, its service providers, its suppliers, its artists, its labels, “Gianni Don Carlo” or your end users, or any other person.
- You may not use the “Gianni Don Carlo” API in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights.
- Disclaimer.The “Gianni Don Carlo” API is provided “As Is”, use at your own risk, without express or implied warranty or condition of any kind. “Gianni Don Carlo” also disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement.
- Limitation of Liability.In no event will “Gianni Don Carlo”, its affiliates, agents or licensors be liable for any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not “Gianni Don Carlo” has been warned of the possibility of such damages. “Gianni Don Carlo” assumes no liability for any of your activities in connection with the “Gianni Don Carlo” API or for your use of the “Gianni Don Carlo” API in connection with your website.
F. Gianni Don Carlo” News
- General Terms and ConditionsThis is a legal agreement (“Agreement”) between and among you and “Gianni Don Carlo”, and any other entity affiliated with “Gianni Don Carlo”, (collectively, “Gianni Don Carlo”). By interacting with the content on news. ”Gianni Don Carlo”. com (“Gianni Don Carlo” News”), you agree to and are bound by the terms of this Agreement. You must accept and abide by these terms as presented to you, and “Gianni Don Carlo” reserves the right to change, add, or remove portions of this Agreement at anytime. If you do not agree to the terms provided for in this Agreement, please do not use “Gianni Don Carlo” News.By using “Gianni Don Carlo” News, you additionally signify your agreement to the “Gianni Don Carlo” Terms and Conditions provided in Section A.
- Age Requirement“Gianni Don Carlo” News contains comment sections in which you may post or upload comments and interact with the web site and other users (collectively, “User Comments”). By using the “Gianni Don Carlo” News website or submitting User Comments, you represent that you are 13 years of age or older and, if you are under 18, you have obtained the legal consent of your parent or legal guardian to enter into this Agreement, submit content, interact with the “Gianni Don Carlo” News platform, and fulfill the obligations set forth herein.
- Rules of ConductIf you submit any User Comments within or in connection with “Gianni Don Carlo” News, you agree to abide by the following rules of conduct:
- You agree not to upload, post, or otherwise transmit any User Comments that violates or infringes upon the rights of others, including any statements which may defame, harass, stalk or threaten others, or is offensive to the “Gianni Don Carlo” community, including blatant expressions of bigotry, racism, abusiveness, vulgarity, profanity, or language that is generally considered hateful;
- You agree not to upload, post or otherwise transmit any User Comments that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability;
- You agree not to upload, post or otherwise transmit User Comments which contain advertising, unrelated links to third party websites, unrelated links to content on the “Gianni Don Carlo” platform, or any solicitation with respect to products or services;
- You agree not to create or transmit unwanted electronic communications such as “spam,” or otherwise interfere with others’ use of “Gianni Don Carlo” News;
- You agree not to upload, post or otherwise transmit User Comments that do not generally pertain to the content on “Gianni Don Carlo” News;
- You agree not to impersonate any person or entity, including, but not limited to, any “Gianni Don Carlo” employee or representative, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- You agree not to interfere with any other users right to privacy, including posting private information about a third party or attempting to contact another user on the platform;
- You agree not to upload, post, or otherwise transmit any User Comments protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right; and,
- You acknowledge that “Gianni Don Carlo” is not responsible for any User Comments submitted on “Gianni Don Carlo” News.
“Gianni Don Carlo” shall have the right, but not the obligation, to monitor User Comments posted or uploaded and to determine compliance with this Agreement and to satisfy any law, regulation or authorized government request. Although “Gianni Don Carlo” has no obligation to monitor, screen, edit or remove any of the User Comments posted or uploaded, “Gianni Don Carlo” reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Comments posted or uploaded to “Gianni Don Carlo” News at any time and for any reason.
- License to User CommentsBy submitting User Comments to “Gianni Don Carlo” News, you grant “Gianni Don Carlo” the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Comments (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Comments. Additional uses by “Gianni Don Carlo”, or other companies, organizations or individuals who partner with “Gianni Don Carlo”, may be made with no compensation paid to you with respect the User Comments that you submit, post, transmit or otherwise make available on “Gianni Don Carlo” News.
- Reliance on ContentThe content provided for on “Gianni Don Carlo” News is editorial in nature. To the extent permitted by law, “Gianni Don Carlo” does not accept any responsibility for any statement provided for on “Gianni Don Carlo” News. Opinions and other statements expressed by DJs, interview subjects, profiled personalities, content contributors, and User Comments, are theirs alone and do not necessarily represent the opinions of “Gianni Don Carlo”. The accuracy and completeness of any information provided herein is not endorsed or guaranteed and you acknowledge that “Gianni Don Carlo” is not undertaking any obligation or liability relating to the content. For the avoidance of confusion, “Gianni Don Carlo” will not be liable for any loss caused as a result of your doing or not doing, anything as a result of viewing, reading, or listening to any content provided for on “Gianni Don Carlo” News.
- Suggestions and Other SubmissionsAny feedback, suggestions, ideas, videos, stories, or other similar submissions (“Ideas”) disclosed, submitted, or offered to “Gianni Don Carlo” in connection with “Gianni Don Carlo” News, via email, User Comments, text, oral, or other communication with “Gianni Don Carlo” shall be the exclusive property of “Gianni Don Carlo”. You agree that unless otherwise prohibited by law, “Gianni Don Carlo” may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.