MUSIC IN SYNC WEBSITE TERMS AND CONDITIONS OF USE

Last updated: April 2011

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE “MUSICINSYNC” created and owned by Machiavelli Srl (the “Site”), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

These terms and conditions of use ("Site Terms") apply to your use of this website (the "Site"), and do not alter in any way the terms or conditions of any other agreement you may have with Machiavelli Srl or its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify Machiavelli Srl for violations of these Site Terms.

Privacy Policy
Machiavelli Srl is committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information.

Ownership of the Site and its Contents
This Site is owned by Machiavelli Srl. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, musical compositions, sound recordings, illustrations, software, and the selection and arrangement thereof ("Music In Sync Content"), is owned by Machiavelli Srl, its licensors, clients, content providers, registered users, third party partners.

All elements of the Site, including the Music In Sync Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.

Regarding cover version or reinterpretation of third party tracks contained on Music In Sync like e.g. famous songs, please note Machiavelli Srl owns or manages only master recording rights while publishing rights relevant to the authors and composers rights belong to the original right holders and have to be negotiated directly with them in order to use these tracks. In these cases Machiavelli Srl will issue only the master recording rights license and won’t be liable in any case for unauthorized usages of the publishing rights of the composition.

Use of the Site This Site and the Music In Sync Content are intended for customers and content providers of Music In Sync. You may not use this Site or the Music In Sync Content for any purpose not related to your business with Music In Sync.

You are specifically prohibited from:
(a) Using any or all of the tracks on Music In Sync without a specific license issued by Machiavelli Srl.
(b) reselling to third parties Music In Sync tracks by presenting as your own production
(c) downloading, copying, or re-transmitting any or all of the Site or the Music In Sync Content without, or in violation of, a written license or agreement with Machiavelli Srl;
(d) using any data mining, robots or similar data gathering or extraction methods;
(e) manipulating or otherwise displaying the Site or the Music In Sync Content by using framing or similar navigational technology;
(f) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Music In Sync product or service if you are not expressly authorized by such party to do so; and
(g) using the Site or the Music In Sync Content other than for its intended purpose.
Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.

Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Machiavelli Srl has adopted a policy of terminating, in appropriate circumstances and at Machiavelli’s sole discretion, account holders who infringe the intellectual property rights of Music In Sync or any third party.

Copyright Complaints If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:
Machiavelli Srl – Dipartimento Legale
10024 Moncalieri – Torino – Italy
Tel:+3901119700453
Fax: +3901119700454
Email: licensing@machiavellimusic.com
We may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to a user's e-mail address, or by written communication sent by first-class mail to a user's address.

Trademarks
Machiavelli’s and Music In Sync Trademarks, the Music In Sync logo, and any other product or service name or slogan contained in the Site are trademarks of Machiavelli Srl and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Machiavelli Srl or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "Music In Sync" or any other name, trademark or product or service name of Machiavelli Srl without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Machiavelli Srl and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Links
You may not use a Music In Sync logo or other proprietary graphic of Music In Sync to link to this Site without the express written permission of Machiavelli Srl. Further, you may not frame any Music In Sync trademark, logo or other proprietary information, including the Music In Sync Content, without Machiavelli’s express written consent.
Machiavelli Srl makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of Machiavelli Srl and Machiavelli Srl is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Machiavelli Srl provides these links on Music In Sync to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Machiavelli Srl of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Machiavelli Srl shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

Registration Data and Account Security In consideration of your use of the Site, you agree to:
a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data");
(b) maintain and promptly update the Registration Data, and any other information you provide to Music In Sync, to keep it accurate, current and complete;
(c) maintain the security of your password and identification;
(d) notify Machiavelli Srl immediately of any unauthorized use of your account or other breach of security;
(e) accept all responsibility for any and all activities that occur under your account;
(f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Music In Sync.

Press Releases
The information contained within press releases issued by Music In Sync should not be deemed accurate or current except as of the date the release was posted. Music In Sync has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

Third-Party Financial Information
Music In Sync may provide links to third-party websites or services that contain financial or investment information about Music In Sync. Access to such websites and the information contained therein is provided as service to those interested in the information. Music In Sync neither regularly monitors nor has control over the content of third parties' statements or websites. Accordingly, Music In Sync does not endorse or adopt these websites or any information contained therein, including, without limitation, analyst's reports and stock quotes. Music In Sync makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party websites or other third-party information that is identified on the Site. Users visit these websites and use the information contained therein at their own risk.

Indemnification
You agree to defend, indemnify and hold harmless Machiavelli Srl, its parent company, subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the Music In Sync Content, or your violation of any rights of another.

Disclaimer THIS SITE AND THE MUSIC IN SYNC CONTENT ARE PROVIDED "AS IS" AND MACHIAVELLI SRL AND ITS PARENT COMPANY, SUBSIDIARIES, DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. MUSIC IN SYNC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE MUSIC IN SYNC CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT MUSIC IN SYNC AND/OR MACHIAVELLI SRL, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE MUSIC IN SYNC CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE MUSIC IN SYNC CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

Machiavelli Srl uses reasonable efforts to ensure the accuracy, correctness and reliability of the Music In Sync Content, but we make no representations or warranties as to the Music In Sync Content's accuracy, correctness or reliability. Content types (including genres, sub-genres and categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that Machiavelli Srl does not guarantee their accuracy.
Machiavelli Srl offers the Music In Sync Soundtrack Service to evaluate musical material on the Site. Music In Sync explicitly disclaims any responsibility for the content or availability of information contained in the search index or directory. Machiavelli Srl also disclaims any responsibility for the completeness or accuracy of any directory or search result. You understand that by using the Site, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Site at your sole risk and further agree that Machiavelli Srl shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Limitation of Liability
IN NO EVENT SHALL MACHIAVELLI SRL, ITS PARENT COMPANY, SUBSIDIARIES, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE MUSIC IN SYNC CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM MUSIC IN SYNC, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MUSIC IN SYNC'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MACHIAVELLI SRL, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO MACHIAVELLI SRL FOR ACCESS TO OR USE OF THE SITE MUSIC IN SYNC.

Applicable Law and Venue
Any dispute relating in any way to your use of the Site or the Music In Sync Content shall be submitted to the law court in Torino – ITALY.

Termination
Notwithstanding any of these Site Terms, Machiavelli Srl reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site Music In Sync.

Miscellaneous Provisions
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Machiavelli Srl. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.

Changes to Site Terms
Machiavelli Srl reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When Machiavelli will make changes, the "last updated" date at the top of the Site Terms will be revised. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.

Questions and Contact Information
Questions or comments about the Site or Site Terms may be directed to Music In Sync at info@musicinsync.com

PRIVACY POLICY

This privacy policy sets out how Machiavelli Srl uses and protects any information that you give Machiavelli Srl when you use this website.
Machiavelli Srl is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Machiavelli Srl may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from March 1st, 2011.

What we collect
We may collect the following information:
• name, surname and job title
• company reference where applicable
• contact information including email address
• demographic information such as postcode, preferences and interests
• other information relevant to customer surveys and/or offers

What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
• Internal record keeping.
• We may use the information to improve our products and services.
• We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
• From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests.

Security
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
• whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
• if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at info@musicinsync.com
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to info@musicinsync.com.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

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