Term of Service
Last update: 10 April 2024
PREAMBLE
The following Terms of Service (the “ToS”), available on the website www.web3music.org, sub-domains included (the “Site”) govern all access and use of the Site, provided to You as a Visitor. By accessing and using the Site, You agree to be legally bound by the ToS then in effect.
The ToS and the Privacy Policy are collectively referred to as the “Agreement”.
The Site is owned and operated by Web3 Music Verein (Web3 Music Association), a company duly existing and incorporated under the laws of Switzerland, with registered office in Zug, Baarerstrasse n. 141 registered at the Registrar of Companies of Zug with Number CHE-184.859.454 (“W3M” or “We”).
W3M is helping build the future of the music industry alongside its members. W3M exists to lead and define the next technological evolution with its members to provide opportunities to protect and monetise music IP in new ways.
The Site, the domain www.web3music.org and its subdomains are the exclusive property of W3M.
All information and materials published, distributed or otherwise made available on the Site are provided for informational purposes, for your non-commercial, personal use only. No information or materials published on the Site constitutes a solicitation, an offer, or a recommendation to buy or sell any investment instruments, to effect any transactions, or to conclude any legal act of any kind whatsoever.
The ToS is provided subject to Your acceptance without modification of the Agreement and all other operating rules, policies (including, without limitation, W3M’s Privacy Policy) and procedures that may be published from time to time on the Site by W3M.
W3M reserves the right, in its sole and absolute discretion, to amend, modify, alter or supplement the Agreement, as well as the information and materials contained in the Site, from time to time. Therefore You are recommended to visit this page periodically to review the most current ToS, because they are binding on You. By continuing to access the Site after updated ToS have been posted, You agree to be bound by the updated ToS.
1. ACCEPTANCE OF THE TOS
By accessing and using the Site, You implicitly accept the ToS, thereby entering into a legally binding agreement with W3M.
If You do not agree with any of these provisions, We strongly recommend You to cease accessing and using the Site.
2. CONDITIONS OF USE FOR THE VISITOR
You may access and use the Site for its purposes as intended by the normal functionality of the Site, as long as You are in compliance with all provisions of the ToS.
You undertake to:
not to use the Site, in an improper manner, for purposes that are not permitted by law or contrary to morality, to spread computer viruses, to perform activities that may compromise the security of the Site or damage it, to access the Site using automated tools (such as collection bots, robots, spiders or scrapers);
provide their true data;
not to violate any term of the Agreement applicable to the You, depending on the Applicable Laws and the Privacy Laws of Switzerland and/or of the country in which You are located and/or of the country in which he/she resides, or in any case applicable to the activities You carry out;
to respect the rights of W3M and/or of Third Parties.
The Visitor acknowledges and accepts that:
W3M will process Your data in accordance with the provisions of the Privacy Policy;
W3M will provide the Site according to the needs related to any scheduled or extraordinary and unmissable maintenance work;
the contents of the Site are for information purposes only, unless where otherwise specified and subject to additional terms and conditions;
the costs of connection to the Internet network, and those possibly related to the connection modalities, are at Your expense.
3. RIGHTS OF W3M
W3M has the right to:
modify, update, suspend, limit or interrupt the operation of the Site at any time, or change and/or replace its domain name;
analyse the traffic on the Site (g. detect the most visited pages, the number of visitors per hour or per day, the geographical origin, the average connection time, the browsers used, the origin of the visitor – from search engines or from other Sites -, phrases and words searched for, etc.) in order to understand how it is used and manage, optimise and improve it, or even just for statistical purposes;
solve operational or technical problems (e.g. anomalies in page loading);
perform monitoring activities to repel and/or prevent cyber-attacks and/or fraud.
If W3M notices any violation by You with respect to the provisions of the ToS, W3M may, at its own unquestionable judgement and without this entailing any obligation to pay compensation to You, take any action against You, including actions to claim compensation for damages.
Notwithstanding anything contained in the Agreement, We reserve the right, without notice and in our sole discretion, to terminate Your right to access or use the Site at any time and for any or no reason, and You acknowledge and agree that We will have no liability or obligation to You in such event.
4. W3M MEMBERSHIP
The Visitor may apply to W3M via the dedicated section available on the Site. The process requires sending an application form and accepting certain contractual terms, including but not limited to the Article of Association and Organisational Regulations. The W3M's Governance Committee will evaluate your application and communicate its decision. Additional or different specifications may be available on the Site and will form part of the Agreement at the date of your application.
By becoming a member of W3M, the member has to grant W3M the right to use its name and trademark for functional communication purposes only. This includes, but it is not limited to, affixing member’s logo to W3M’s Site; displaying member’s logo on event posters, brochures, and related promotional materials; showing member’s name and logo in press announcements related to W3M’s activities and events. Any other use of member’s name or trademark will require your express consent as a member.
5. WARRANTY EXCLUSIONS AND NO ASSISTANCE
The Site is provided on an “AS IS” and “AS AVAILABLE” basis and W3M makes no warranties, express or implied (including the implied warranties of non-infringement, merchantability and fitness for a particular purpose), and may be temporarily inaccessible or otherwise defective or delayed.
W3M will make every reasonable effort to ensure that You has continuous and uninterrupted access to the Site but will not, under any circumstances, be liable if one or more of content made available to You(even free of charge) is temporarily or permanently inaccessible.
In particular, W3M makes no warranty as to:
the suitability of the Site with respect to the needs of Visitor;
the availability of, and the absence of errors in, the Site;
the quality of the Site;
the correction of any technical errors of the Site.
Any material accessed, downloaded, or otherwise obtained through the use of the Site is done at the Visitor’s own discretion and risk and the Visitor will be solely responsible for any damage to the Visitor’s computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by the Visitor from W3M or through or from the Site will create any warranty not expressly stated in the Agreement.
Except as otherwise expressly provided in the Agreement, W3M does not represent or warrant that
the Site will meet the Visitor’s requirements;
the Site will be uninterrupted, timely, secure, or error-free;
the results that may be obtained from the use of the Site will be accurate or reliable;
the quality of any products, services, information, or other material purchased or obtained by the Visitor through the Site will meet the Visitor’s expectations;
any errors in the Site will be corrected.
W3M will not be liable for any errors, inaccuracies, omissions and, more generally, for damages caused, directly or indirectly, by decisions taken or initiatives undertaken by the Visitor or by Third Parties on the basis of (and/or as a result of) the contents of the Site.
W3M does not guarantee the provision of technical assistance in relation to the Site.
Nothing in this Agreement shall limit or exclude the liability of W3M, its employees, agents or third-party content providers for death or personal injury caused by fraud or fraudulent misrepresentation or any other matter in respect of which it would be unlawful to exclude or restrict liability.
6. LIMITATION OF LIABILITY
If W3M modifies, updates, suspends, limits or interrupts the operation of the Site, no liability will arise in Your favour.
W3M is not liable for errors, omissions, interruptions, deletions, defects, operative or transmission delays, malfunction of the communication network, theft, destruction, unauthorized access or alteration of any content concerning Site.
W3M is not liable for any possible technical issues or problems concerning telephone networks or lines, online elaboration systems, servers and providers, IT appliances, software, errors in emails or software that negatively affect Site’s functionalities.
7. CONTRACT CHANGES
W3M reserves the right at any time to modify this ToS and any legal document present on the Site (including, by way of example, the Privacy Policy, the Cookie Policy, etc.), or to add at any time new or additional terms or conditions on Your use of the Site. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Site will be deemed acceptance thereof.
8. INTELLECTUAL PROPERTY
Unless otherwise indicated on the Site with specific reference to certain items on the Site, W3M is the exclusive owner of all Intellectual Property Rights in the Site and the content on the Site.
All W3M trademarks, services marks, trade names, logos, domain names, and any other features of W3M brand are the sole property of W3M or its licensors. The ToS does not grant You any rights to use any of such features whether for commercial or non-commercial use.
The provision of the Site by W3M will not be considered as an assignment or licensing by W3M in favour of You of any Intellectual Property Right on the Site or on the contents present on the Site.
9. CONTACTS
For any information regarding the use of the Site and these ToS, You may contact W3M at the contact details contained in the Site.
W3M will process the data transmitted by You when contacting W3M for the sole purpose of executing the contract governed by the ToS, and therefore on the basis of assumptions of a contractual nature, in accordance with the provisions of the Privacy Policy.
10. MISCELLANEOUS
If any term, Clause or provision of the Agreement is held invalid or unenforceable, then that term, Clause or provision will be severable from the Agreement and will not affect the validity or enforceability of any remaining part of that term, Clause or provision, or any other term, Clause or provision of the Agreement.
The ToS regulates the relationship between W3M and You and does not create rights in favour of, nor obligations against, Third Parties.
Any tolerance by W3M of the conduct of You in violation of the provisions contained in the ToS does not constitute a waiver of the rights arising from the provisions violated, nor the right to require the exact fulfilment of all terms and conditions therein.
W3M does not provide content to individuals who do not have the legal capacity to act to accept the ToS as set out in their home country’s legislation.
The rights and remedies included herein are not exclusive, but are in addition to any other rights and remedies available under applicable law.
Any limitation or exclusion of liability provided for in favour of W3M in the ToS will apply to the fullest extent permitted by law.
11. PROCESSING OF PERSONAL DATA
W3M will process data of Users in accordance with the Privacy Policy.
12. APPLICABLE LAW AND JURISDICTION
You expressly agree that the ToS is exclusively governed by Swiss Law. Any dispute concerning the interpretation, execution, termination or validity of the ToS will be submitted to the exclusive jurisdiction of the Zug Courts.
Should the provisions of this Clause be inapplicable according to the mandatory rules of the country of Yours, then the applicable law and the competent Court will be determined according to the laws of such Country.
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