Terms and Conditions

Here below are described the terms and conditions at which NOTEMINE offers to its Users the access to its available services on the website and on the Application Notemine.

1. Definitions

To allow a full understanding and acceptance of these terms and conditions, the following terms shall have the meanings as indicated below and it should be stated that the same meaning refers both to singular and plural uses:
Holder: Vincenzo Barone, via Tricesimo, 200, 33100 Udine, C.F. BRNVCN80M24F912A , VAT No. IT02762050306 , e-mail address hello@notemine.co;
Application: the website and the application Notemine, managed by the Holder, who offers An app that allows you to share your photos by associating them with a song;
Products: the products and/or the services offered through the Application;
User: the person accessing the Application, regardless of the legal nature and objective pursued, interested in the Products offered through the Application;
Consumer: any natural person who acts for purposes other than the entrepreneurial, business, handicrafts or professional activity performed;
Conditions: the present agreement which regulates the relationship between the Holder and the Users.

2. User generated content

The User may upload contents, informations, ads or listings on the Application (hereinafter the “Contents” or individually the “Content” ), provided that the Content is not illegal (that is: obscene, threatening, defamatory, pornographic, abusive, or in any way illegal, or violates the privacy, intellectual property and / or industrial rights of the Holder and / or of third parties) or does not otherwise harm the Holder and / or third parties, or is not regrettable or at least does not contain viruses, political campaigning, commercial solicitation, mass e-mails or any other form of spamming. The User is totally and exclusively responsible for the use of the Application (to be understood with regard to the functions of publication, consultation, content management and contact between Users) and is therefore the only guarantor and manager of the assets and services ordered as well as the correctness, completeness and legality of the Contents and of their behavior in the context of the contact between Users.
By making a Submission you agree you will not upload User Content that is illegal, offensive, libelous, defamatory, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, offensive in a sexual, racial, cultural, or ethnic context, or will harm or threaten the safety of others.
In case of publication of ads, the User guarantees the availability and / or ownership of the good / service object of the ads themselves. The User also guarantees that their advertisements do not infringe any copyright or industrial property rights or other third-party rights. In the event of a dispute by third parties regarding any ad or conduct related to it, the User assumes full responsibility and undertakes to keep the Holder harmless and harmless from any damage, loss or expense.
The Holder, though not able to ensure tight control of the Contents received, reserves the right to delete, move, and edit those Contents that, upon its discretion, appear abusive, defamatory, obscene or in breach of copyright and trademarks, and in any case unacceptable for the Holder. The use of violent language will lead to immediate suspension and expulsion from the Application. It is forbidden to use an email address that is not in the User’s ownership, use the personal data and credentials of other Users in order to take possession of the latter’s identity, or otherwise misrepresent the origin of the Contents.
Users acknowledge and accept that any Content uploaded to interact with the Application (for instance, in order to post comments, express opinions, participate in surveys and initiatives, send pictures or videos or audio files) can be amended, removed, published by the Holder. The User grants the Holder with an unlimited right, free from geographical restrictions, of non-exclusive use on the Content. The Holder may, therefore, directly or through third parties of its choice, use, copy, transmit, extract, publish, distribute, publicly perform, distribute, create derivative works of, host, index, store, record, encode, modify and adapt (including the unlimited right to adapt for the transmission by any means of communication) in any form or by any means now known or to be invented in the future, every Content (including images, messages, also video and audio messages) uploaded by the User, even through third parties.
It is strictly forbidden, unless expressly authorised by the Holder:
  • the use of automatic banner upload systems, unless those expressly authorised;
  • the serial publishing and/or the management of banners on behalf of third parties with every means or methods;
  • resell the services of the Holder to third parties.
With regard to the Content, the User waives any economic or moral copyright also with respect to the changes made by the Holder to such Content, even in case such changes are not appreciated or accepted by the same author.
The Content uploaded will not be returned and will remain property of the Holder who is therefore exempted from any responsibility to the Users for the loss or destruction of such Content.
The User ensures that the Contents are sent to the website through his personal account and exclusively by adults. For minors, the Content must be screened and approved by those exercising parental authority.

3. Creative Commons License

The contents and/or material available in the Application are provided on the basis of the terms contained in this license “Creative Commons Public Licence CC BY 3.0 IT” (“License”). The contents and/or material available in the Application are protected by copyright, by the other rights conferred on the Contents by the law on copyright (related rights, database rights, etc.) and/or by other applicable laws. Any use of such content and/or material which is not authorised under the present License and/or under other applicable laws, is prohibited.
The Holder grants the Users the rights listed below, provided that the User agrees to abide by the terms and conditions of this License.
The Holder allows the User to reproduce, distribute, publicly display, publicly perform, and transform the contents and/or material available on the Application through any process and format, except for commercial purposes, provided that the authorship is acknowledged upon the Holder, and that the User provides a link to the license and highlights whether any changes have been made. The full license can be consulted on this link: https://creativecommons.org/licenses/by/3.0/it/legalcode

4. Exclusion of warranty

The Application is provided “as is” and “as available” and the Holder does not provide any express or implied warranty in relation to the Application, nor provides any guarantee that the Application will meet the needs of Users, or that it will work without interruption, free of any error or virus or bug.
The Holder will work to ensure that the Application will be available 24 hours a day without interruptions, but may never be held liable if, for any reason, the Application may not be available and / or not operative at any moment or period in time. Access to the Application may be temporarily suspended and without notice in case of a system failure, maintenance or repair works or for reasons totally beyond the Holder’s control or due to causes of force majeure.

5. Limitation of Liability

The Holder shall not be responsible towards the User, excepting fraud or gross fault, for disservices or malfunctioning in relation to the internet network, which are not under its control or the control of its sub-suppliers.
The Holder shall not be responsible for damages, losses or costs su􀀓ered by the User after the failed execution of the contract for reasons not attributable to the Holder. The User shall only have the right to the reimbursement of the price and accessory charges already paid.
The Holder shall not be responsible for the fraudulent or illicit use by third parties of credit cards, checks and other payment methods, at the moment of the payment of the purchased services, whether the Holder proves the adoption of cautionary measures on the basis of the knowledge and experience available at the time and on the basis of ordinary diligence.
The User agrees to indemnify and hold harmless the Holder (as well as any company or subsidiary, including its representatives, associates, consultants, directors, agents, licensees, partners and employees) from any obligation or responsibility, including any legal expenses incurred for trial defence, that may arise from damage caused to other Users or third parties, concerning any Content uploaded online, any violation of the law or any terms of the present Terms.
Therefore, the Holder shall not be liable for:
  1. any losses that are not direct consequence of a breach of the contract by the Holder;
  2. any loss of business opportunity and any other loss, either direct or indirect, which may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of business contracts or relationships, loss of reputation or goodwill, etc.);
  3. incorrect or unsuitable use of the Application by Users or third parties;
  4. the issuing of false tax documents due to mistaken details provided by the User, the latter having exclusive responsibility for the correct entry of such details.
Under no circumstances the Holder will be liable for an amount exceeding twice the cost paid by the User.

6. Force majeure

The Holder shall not be held responsible in case of failure or delayed execution of duties, caused by circumstances which are not under the reasonable control of the Holder due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, events beyond the control, e.g. breakdowns or interruptions to telephone or electrical lines, to the internet and / or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and cyber attacks, interruptions in the provision of products, services or third-party applications. The ful􀀿lment of the duties by the Holder shall be suspended for during the aforesaid events.
The Holder shall implement any action within its power to identify the solutions that would allow the fulfilment of its duties regardless of the continuation of the force majeure events.

7. Link to third party websites

The Application may contain links to third party websites. The Holder has no power over these websites and therefore is not, in any way, responsible for their contents.
Some of these links may relate to websites of third parties that provide services through the Application. In these cases, the individual services will be regulated by the general terms for the use of the website and services provided by such third parties, in respect of which the Holder assumes no responsibility.

8. Waiver

No waiver by either parties to an article of the present Terms shall be e􀀓ective unless it is expressly stated to constitute a waiver and is communicated in writing.

9. Severability

If any of the provisions contained herein shall result unlawful or invalid, it will not be considered any more as part of the Terms, without a􀀓ecting the enforceability of the remaining provisions, which will continue to be valid to the fullest extent permitted by law.

10. Privacy

The protection and processing of personal data will be pursued in accordance with the Privacy Policy, which can be found on the following page http://www.notemine.co/privacy.html

11. Governing Law and Place of Jurisdiction

These Terms and any dispute concerning the interpretation, performance, validity of this contract shall be submitted to the exclusive jurisdiction of the Court where the Holder has its registered office.
If the User is a consumer as defined under Article 3 of the Consumer Code, the judge of the place of residence or domicile of the consumer, if located in the territory of the Italian State, has mandatory territorial jurisdiction, with no prejudice to the consumer User’s entitlement to bring proceedings in courts other than the “place of jurisdiction of the consumer” pursuant to Article 63 of the Consumer Code, in charge for the area according to one of the criteria set out in Articles 18, 19 and 20 of the “Codice Processuale Civile” (“Civil Procedure Code”).

12. Online dispute resolution for consumers

Any Consumer who resides in Europe must be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by Consumers to solve, via a non-judicial route, any dispute relating to and / or arising from contracts of sale of goods and services entered into online. As a result, Consumers may use the aforementioned platform for the resolution of any dispute arising from the online contract entered into with the Holder. The platform is available at the following link: http://ec.europa.eu/consumers/odr/

Date 29/05/2018