1. General Information
Last update 01/01/2017
This agreement was written in the original version in Italian. In case of conflict between any translated versions of this Agreement and the Italian version, the Italian version will prevail.
2. General terms of RENTaBAND and user information
MY PORTALIS offers its users the services of the RENTaBAND website. Access to and / or use of the website RENTaBAND is totally voluntary and attributes to those who register the status of User. Each User accepts, from the same moment in which he registers, without any type of reserve, the contents of these “Terms and Privacy”. Consequently, the User is asked to carefully read them before accepting under his sole responsibility. You may access, print, download and save the “Terms and Privacy” at any time. These Conditions will be permanently accessible through a special link on the website. MY PORTALIS reserves the right to change, without notice, the contents of the Terms and Privacy, so it is recommended to its users to read these conditions each time they access and use the portal RENTaBAND. Similarly, MY PORTALIS reserves the right to modify without notice the design, presentation and / or configuration of the website, as well as some or all of the services and to add new services. In any case, MY PORTALIS reserves the right at any time and without need for
prior notice, to deny access to this website to those users who fail to comply with any of these general conditions of use.
These “Terms and Privacy” governs your access and use of the RENTaBAND portal. RENTABAND is an online platform and search engine for musicians and bands, with the aim to assist them in the provision of performances and to increase visibility and recognition through professional marketing. Depending on the chosen membership, musicians have the opportunity to present themselves with a description, audio samples, photos, videos and customer reviews and thus increase their chances for jobs significantly. Private, commercial or public users find on RENTABAND a large and growing selection of musicians for every type of event and for every budget. The intuitive search engine allows it to contact near entertainer in an efficient manner and to obtain an offer and information about availability through direct or collective request. Due to the elimination of usual agency fees users save up when searching for a musician. In addition to the online presence and a professional online marketing RENTABAND advertises his portal for musicians and bands at event organizers, wedding planners, wedding fairs, companies, hotels, restaurants, pubs, bars, clubs, associations and other organizers. Entertainer can register upon payment of a fee for the selected membership at RENTABAND and set up an artist profile. For event organizers the use of the search engine is free of charge.
MY PORTALIS will provide the other Users only the data and / or information provided by the User, which is responsible for the contents of his personal profile (texts, images, videos and audio files). MY PORTALIS will remove illegal content from the website without prior notice, as well as content that could be considered as inappropriate or could violate the rights of third parties. You acknowledge that it is technically not possible to obtain a 100% availability of the RENTaBAND website. However, MY PORTALIS will try to keep available the website the most constant possible. Especially for reasons of maintenance, security or capacity, as a result of events, on which MY PORTALIS cannot influence (such as abnormalities of public communications networks, technical problems, etc.) brief anomalies or temporary suspension of services on the website are possible.
2.3. Obligations of Users in the Portal
The User is willing to make diligent use of the services accessible through this Website, with total respect to the law, good morals, and to these Terms and Privacy conditions as well as maintaining respect to other users. To take advantage of all the services and functionalities of the RENTaBAND search engine, MY PORTALIS requires the compilation of the corresponding user register by selecting the username and (after sending a temporary password by email) the password, that the user agrees to keep and use carefully.
The use of the password is personal and not transferable and Users are not allowed to forward the password, even temporarily, to third parties. In this sense, the User must take the necessary measures for the custody of the password selected by him, avoiding the use of the same by third parties. As a result, the User is solely responsible for the use of the password. In the event that the User suspects improper use of the password by third parties, he will have to change his password on the website and / or communicate that fact to MY PORTALIS a timely as possible.
All the information provided by the User using the services must be truthful and accurate. To this effect, the User guarantees the authenticity of all data that he will provide to complete the forms required for registration to the services relieving the website operator from any liability. Equally, it will be the responsibility of the User to keep all information provided to MY PORTALIS constantly updated to match at all times the User’s real situation. In any case, the User will be solely responsible for any false or inaccurate information provided and the damage it causes to MY PORTALIS or to third parties. You agree to comply with applicable laws and the rights of third parties in the use of the content and services of the website. In the same way, the reproduction, distribution, transmission, adaptation or modification, by any means and in any form , the website content (text, drawings, graphics, information, databases, audio files and / or images, logos, etc.) and the remaining elements of this website, unless prior authorization of its legitimate owners or when it is allowed by law. In particular, the User will be prohibited: to use abusive or libelous content, irrespective of whether these content affects other users or persons or companies; use pornographic content or that violate the law of protection of minors, or advertising; offering or distributing pornographic products that infringe the law of the protection of children, disturb other users (especially through spam); use legally protected content (eg. the law on intellectual property, on brands, on patents, utility models or on aesthetic models) without having the right to do so; to advertise, offer or distribute goods or services protected by law, as well as make or incite actions contrary to free competition, including those aimed at the gradual uptake of customers (such as chain, snowball or pyramid systems).
The following actions are prohibited to the User: to use mechanisms, software or scripts in connection with use of the website. Block, overwrite, modify or copy, unless it is not the purpose of the correct use of the services of Internet sites. Disseminate or publicly reproduce the content of RENTaBAND website or other users without authorization. Any action capable of affecting the infrastructure capabilities of RENTaBAND, especially in order to overload it. Use any material or information contained in this website with illicit purposes or expressly prohibited in these Terms and Privacy conditions, that would be contrary to the rights and interests of MY PORTALIS, its members and / or third and will have to answer the same if contravenes or neglects these obligations and / or that in any way (including the introduction or spreading of “computer viruses”), damage, overload, deteriorate or impede the normal use of the materials and information contained in the website, the systems information or documents, files and all kinds of content stored in any computer system (hacking) of RENTaBAND, its members or any user. The user is aware and voluntarily accepts that the use of the service takes place, under any circumstances, under its sole responsibility. The user is liable for damages and prejudices of any nature that MY PORTALIS or any third person or entity may suffer as a result of any of the obligations to which it is subject by virtue of these “Terms and Privacy” conditions or the law.
2.4. Membership obligations and obligations in the publication of bands on RENTaBAND
By including information and / or images in the portal of RENTaBAND, the user declares to be the legitimate owner of the intellectual property rights of the content industry for the reproduction, distribution and public communication by any electronic means, mainly Internet and email electronic, for the whole world with unlimited time. In this regard, you acknowledge that you have sufficient rights to the inclusion of information and / or images in RENTaBAND portal.
MY PORTALIS does not allow the inclusion of content that damages the quality of service. It is prohibited the inclusion of the following content:
- content presumably illicit by the national, community or international norms or laws or that conduct allegedly illegal activities or which contravene the principles of good faith;
- that do not meet the quality parameters established by MY PORTALIS;
- content that undermines the fundamental rights of the people, that is used to search the user’s weakness, lack of courtesy in the network, disturbing or generating negative opinions among others RENTaBAND users or third parties; in practice, and not limited to: any legal rights of third parties; those that favor or enhance the creation, maintenance and fomentation of business related to pornography, obscene material or erotic listings; those who are related to clairvoyance, tarot, the “occult science” or any other related content; in general any content that MY PORTALIS considers to be inappropriate for users and, in particular, to children under age.
- content that contravenes the principles of legality, honor, responsibility, protection of human dignity, protection of minors, protection of public order, protection of privacy, consumer protection and intellectual and industrial property rights.
Similarly, MY PORTALIS reserves the right to withdraw from the website content that is considered inappropriate to the characteristics and purpose of RENTaBAND. In any case, RENTaBAND periodically reviews the inserted and published content to ensure the quality principles as well as the norms described here. If you notice some inappropriate content on the website, please contact us through our customer care service: firstname.lastname@example.org. Users are solely responsible for obtaining any type of authorization, permit or license, if it is necessary for the creation and publication of any content. Any User that inserts a content that contravenes the legislation in force assumes the sole responsibility for the damages and consequences derived from the same, exempting MY PORTALIS from any liability.
Artists or groups recording to RENTaBAND can choose a membership level to promote and present their musician profile on the website. The three levels of membership are described in detail and services for the User on the website and are defined as follows: SILVER, GOLD and PREMIUM. The payment of the annual membership fee is possible via Paypal or credit card. After choosing one of the membership levels and after payment, the User can create a band in its profile and promote its activities on RENTaBAND.
Membership is automatically renewed for another 12 months if not canceled at least 8 weeks before the end of the membership by written notice. For the cancellation, it is sufficient to send an email to MY PORTALIS. In case of a termination of membership before the expiration date the period between sending the termination request and the expiration date will not be refunded. The User is aware that the price of the fee may vary (for example according to the change of tax or other) and it will automatically be debited from its PayPal account or credit card. In any case, the user will be informed prior to a change in prices by email.
If you want to use a different credit card or if there is a change in the validity of the credit card or the expiration date to the time of payment, the system will ask for the data of the new credit card. If your credit card reaches its expiration date, a continuous billing by RENTaBAND constitutes the authorization of the User – in any case, the User remains responsible for any uncollected fees.
In addition to the fee for entertainer membership, RENTaBAND does not require any other service fees (for example in case of a successful mediation). You must be aware of the fact of receiving eventually false requests. In the case of repeated false claims by other Users, the artist is asked to contact MY PORTALIS immediately. MY PORTALIS not liable for the content of messages and is not subject to repayment obligation in case of a job/order/gig not executed or by the difficulty in collecting the honorarium for a booked music service. The fact that the request leads to an order or gig is irrelevant, since the purpose of RENTaBAND platform is only to put in contact event organizers and musicians.
2.5. Responsibility and distribution of content, data and / or information of Users
The User expressly authorizes MY PORTALIS to disseminate data related to content that he has provided on RENTaBAND. The User expressly authorizes MY PORTALIS to change – if necessary – some content with the object to respect the graphic design of the website or other communications media used in the RENTaBAND platform. These rights or license is granted for the whole world and for all the legal validity time of the User’s rights protection. MY PORTALIS has no obligation to monitor and does not control the use that Users make of the service and, consequently, does not guarantee that users use the same in accordance with the provisions in the Legal Conditions, or that make a diligent and / or prudent use of the same. Similarly, MY PORTALIS does not even have the obligation to verify and does not verify the identity of the users, nor the veracity, validity, exhaustiveness and / or authenticity of the data provided by the Users about themselves. Without prejudice to the foregoing, MY PORTALIS reserves the right to limit, totally or partially, access to services to some users, as well as to cancel, suspend, block or remove certain types of content using technological tools. In this sense, MY PORTALIS will establish necessary filters to avoid that through the service illegal or harmful content can get in the network.
2.6. Exclusion of warranties and liability
Except in those cases expressly described in the Terms and Privacy conditions and the rest of the regulatory framework of the website, MY PORTALIS assumes no responsibility for any damage of any kind that may result from the lack of accuracy, completeness, timeliness, as well as errors or omissions that may cause damage to the information and services contained in RENTaBAND or other content that can be accessed through the same or assume any obligation or commitment to verify or monitor its content or information. Similarly, MY PORTALIS does not guarantee the availability, continuity nor the infallibility of RENTaBAND and, consequently, excludes, to the maximum extent permitted by applicable law, any liability for damages of any kind that can be attributed to the lack in availability or continuity of the website operation and services authorized in that, as well as errors in access to different web pages or those from which lend these services. MY PORTALIS assumes no liability for the content, data and / or information made by users of the website, nor for the contents of external websites to which links exist. In particular, MY PORTALIS does not guarantee, that these contents are true, pursue a specific purpose or can serve to it. Equally, MY PORTALIS is not responsible for opinions or reviews given by users through the portal, forums or other community or other equity instruments or opinions.
2.7. Links to third party pages and feedback
RENTaBAND includes inside its contents links to sites owned and / or operated by third parties with the object of facilitating access to information available through the Internet. MY PORTALIS assumes no responsibility derived from the existence of links between the contents of RENTaBAND and contents located outside the same or any other reference external content to this site. These links or references have a general guidance only and, in any case, imply the support, approval, marketing or any relationship between MY PORTALIS and the persons or entities authors of such contents or holders of the sites where they are. On the site RENTaBAND any User can leave feedback and reviews related to musicians. MY PORTALIS assumes no liability for the comments made by users, who are solely responsible for the veracity and appropriateness of the comments posted on the site. MY PORTALIS nonetheless reserves the right to block and delete the feedbacks with inappropriate or vulgar content.
2.8. Legislation and Jurisdiction
These Terms and Privacy conditions and the remaining legal conditions of the website are subject to Italian law. For any cause or action that could generate a derivation of the provision of services and RENTaBAND content and with regard to the interpretation, application, fulfillment or non-fulfillment as specifically provided herein, MY PORTALIS and the User, with express waiver any other jurisdiction to which they can compete, will submit to the jurisdiction of the judges and courts of Bolzano – Italy.
3. Intellectual Property Rights
Copyright © 2016 – RENTaBAND – All rights reserved. They reserve all rights of exploitation.
RENTaBAND is subject to Italian law and is protected by national and international legislation on intellectual and industrial property rights. The texts, images, databases, logos, structure, brands and the remaining elements of this site are protected by law and international treaties on intellectual and industrial property. Any reproduction, transmission, adaptation, translation, modification, public communication, or any other form of exploitation of all or part of the contents of this site, carried out in any form or by any means, electronic, mechanical or otherwise, is strictly prohibited unless written consent of MY PORTALIS or third owners. Any infringement of these rights may lead to extrajudicial procedures or civil or criminal court. MY PORTALIS does not grant any license or authorization of use of any kind on its intellectual property rights or industrial or any other property or right related with the portal, the services or the contents thereof. The legitimacy of the intellectual or industrial property rights corresponding to the contents added by users is the sole responsibility of the same. In order to preserve possible intellectual property rights, in the event that any User or third party considers that there has been a breach of its legitimate rights by the introduction of a specific content on the website, it will notify the above circumstance, in writing, to MY PORTALIS, Postwiese Via, 17 39058 Sarentino (BZ), Italy, specifying:
- identification of personal data of the holder of the rights. If the complaint is made by a third, it must be indicated the representation and role with which it is acting;
- table of contents protected by intellectual property rights and its location in the web;
- demonstration of the existence, of the aforementioned intellectual property rights ownership and validity;
- express statement in which the person concerned declares the veracity of the data and information provided in the notification referred to by this point.
4. Data Protection
Informative ex art.13 Legislative Decree no. 196/2003 for the processing of sensitive data. Pursuant to Legislative Decree no. 196/2003 on the protection of persons and other subjects regarding the processing of personal data, the processing of information regarding the users, will be based on principles of fairness, legality and transparency, protecting the privacy and rights others.
4.1. Right to information
Under Article 13 of that decree, the present of the data protection policy regulates access to and use of the website RENTaBAND that MY PORTALIS makes available to Internet Users interested in its services and content. MY PORTALIS fully complies with current legislation on protection of personal data and with its confidentiality obligations of its business.
If the user decides to register at RENTaBAND, this will require only data strictly necessary for the full functionality of the website, which is nothing other than to facilitate a virtual meeting between musicians and Users concerned in their products and / or services. To do so, will require Users (both musicians as well as interested in the products / services of the musicians) to provide personal data when registering and creating the own profile. The processing of these data will be focused solely used in furtherance of these objectives, always within the framework established.
The data of registered users are required by MY PORTALIS for the following purposes:
- make it easier for users to quickly and easily search for musicians, bands and DJs that offer services and products related to the music depending on the region, the music genre, the type of service and the budget;
- to advertise the services and products of musicians, bands and DJs related with music by creating a form with their contact details, location and description of the services and / or products and photographs / video / audio files, if it is the case;
- facilitate contact, through requests for information between the musicians, bands and DJs who announce their services or products and the Users interested in these;
- facilitate musicians Users registered in the creation of a personal profile which will be accessible to all RENTaBAND members;
- provide users all the information necessary for the creation of their space in RENTaBAND;
- sending promotional and informative electronic communications in the music industry and other areas set out in paragraph 4.6 of this Data Protection Policy.
4.3. Mandatory or optional information provided by the user and accuracy of data
Fields marked with an asterisk (*) or requested as required otherwise in the registration forms that User registrant must complete, are strictly necessary in order to consider his request, the inclusion of data being voluntary in the remaining fields. The User guarantees that the personal data provided to MY PORTALIS are true and it is responsible for notifying any change thereof to MY PORTALIS. The obtained data are adequate, relevant and not excessive regarding the scope, the purposes and the determined, explicit and legitimate MY PORTALIS.
You warrant that all personal information you provide is accurate and updated to respond truthfully to the registered User’s real situation. It corresponds to and is obliged to keep the User at any time its updated data, being the registered User solely responsible for the inaccuracy or falsity of the information provided and the damage they can cause to this MY PORTALIS or others.
4.4. Registered User’s consent
In the act of filling out the registration form and clicking to send data, the registrant acknowledges to accept the “Terms and Privacy” conditions of RENTaBAND and gives its unequivocal and explicit consent to the processing of personal data in accordance with the above stated purposes and services providing the website. Equally, the user agrees that, at the time of registration, his photographs and his profile of a registered User become visible in public for other users in RENTaBAND as well as in different search engines of the Internet. The registered User specifically allows the cession of its data to other users of RENTaBAND as well as to entities that use RENTaBAND services to find users interested in these.
4.5. Data provided by minors
Persons with more than 14 years can register as members of RENTaBAND without the prior consent of parents or guardians. In the case of children under 14, it requires the consent of parents or guardians for processing of personal data. Under no circumstances will be required at the lower age data relating to the professional and economic situation or of other family members, without their consent. If a minor of 14 years enters this website without notifying his parents he should not register to the website.
4.6. Electronic communications
The completion and submission of the electronic registration form, accepting the “Terms and Privacy” conditions of RENTaBAND, the User’s gives explicit consent to the sending of news and / or a newsletter in which are included news and information relevant for the website. MY PORTALIS establishes for RENTaBAND two mechanisms by which registered Users can request to cancel these services in an easy, quick and free way. To do that, the registered User may send a written request via email to email@example.com asking the staff of RENTaBAND to disable the sending option for electronic communications. Similarly, they can unsubscribe from this service by following the instructions in the footer of electronic communications.
MY PORTALIS informs registered Users to have adopted the regular measures of technical and organizational set to assure security and to guarantee the security of personal data avoiding their alteration, loss, treatment or unauthorized access. These, taking into account the state of technology, the nature of the stored data and the risks they are exposed. All this in accordance with what is established in Decree 1720/2007, of 21 December, and regulation in the organic Law 15 / 1999 of 13 dicembre, of personal data protection and other control procedures for the security of information systems.
4.8. Cookies and IPs
4.9. Right of Access, Rectification and Cancellation of Data
4.10. Modification of the present Data Protection Policy
MY PORTALIS reserves the right to amend this policy to adapt to future legislative or law developments.
4.11. Applicable legislation
This Safety Policy and the rest of RENTaBAND Legal Conditions are governed in all and in every part from the Italian law.